The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-08-13
ND WAIT FOR
Mr.. RODIEk
May Become a Citizen With
out Pre-. GUS Two Year
Declaration.

4 Judge Dole of the United States Dis
trict Court yesterday handed down
decision in the matter of the applica
ton of George Rodiek for naturaliza
ticn. 1t is probably one of the first
if not the first, decision of any cur
constituting or applying the Act of Con
gress of June 29, 1906, which so com
naturalization. As the decision holds
! that this act-though in terms Great
| ing a uniform rule of naturalization tc
be enforced throughout the United
States, and repeating all acts and parts
of acts inconsistent with it-does not
| repeal a provision of the act creating
the Territory of Hawaii. it is quite
likely that it will attract a good deal
of attention on the mainland. The
government has noted an appeal from
the decision, so that it will go for re-
view to higher tribunals.
BY Section 100 Of the act creating
the Territory of Hawaii, commonly
spoken of as the Organic Act, it is
provided that for the purposes of nat
uralization under the laws of the Unit
ed States the requirement of a pre-
vious declaration of intention to be-
come a citizen of the United States
shall not be required of aliens who have
resided in these islands for five years
- fob ~,
Organic Act. George Rodiek, who had
lived in the islands for more than five
years previous to the enactment of
the Organic Act, applied on March %,
1907, for naturalization, without having
previously declared his intention to be-
come a citizen of the United States.
His application was opposed on the
ground that this provision Of the Or
ganic Act has been repealed by the
Naturalization Act of June p, 1906
Judge Dole has decided that this
provision of the Organic Act was not
repealed by the later naturalization
act, and that George Rodiek is enti-
tied to naturalization, notwithstand-
ing he had not, at least two years pre-
viously, declared his intention to be-
come citizen of the United States.
The question was considered a very
important one and was very fully
argued before the court, briefs on both
sides being filed. Rodiek was repre-
sented by Thompson & Clemens, and
the Department of Commerce and La
Dor, under which naturaliza tions come, |
by Assistant United States Attorney
Dunno.
On behalf of the United States it
was contended that the act of June
20, 1906, expressed the intention of
Congress to provide an entirely new |
system of law on the subject of nat
publications. to provide a uniform
method applicable throughout the
United States, and that it should su,
persede all other laws and regulations
on the subject, except as the act It
self provided for retaining portions of
the old law.
On behalf of the applicant, Thomp-
son & Clemens maintain that the new
the special provision of the Organic
Act; that it can affect this repeal only
by Implication, and the presumption is
against such repeal, and that the re-
pealing clause of the Naturalization
Act undertaking to specify just what
particular provisions of the former
general law of naturalization it was
Intended to repeal, brings the case
within the rule, "expressio unius, ex-
slusio alterius." The theory that the
lew law is the expression of an in
ent to create a new system of law
m the subject of naturalization, is also
ombated, and a very exhaustive
analysis of the new law is made to
how that the primary necessity Of the
egislation was to make it harmonic
With the duties of the Department or
commerce and Labor in the matter of
liens; that so far as the system itself
S concerned the old system is retain
d with additions to reach purposes
lot previously contemplated, or as
mere ministerial directions. Much OF
What is expressly provided for in the
lew law was provided for by practise
nder the old. The really new purposes
f the new law, according to this
nalysis, are to prohibit the naturali-
alton of anarchists and polygamists,
o discourage naturalization for the
purpose of evading military service, ,
nd to discourage naturalization for
he purpose of fraudulent election pur-
oses.
Thompson & Clemens point out that
o hold that the special clause of the
organic Act is repealed by implica-
on, would require it to be held that
liens honorably discharged from the
service could not be natural
zed without the previous two years .
a provision of forty-1ve 4
ears standing, and the repeal of the
revision in the old law of the excep-
ions in relation to the naturalization
{ seamen on American vessels, a pro-
ision of twenty-five years standing.
J. ], Dunno, for the government, also
lakes an analysis of the new law. He
olds that it may be that the new
wv does repeal the special provisions Z
f the old law in regard to soldiers
nd sailors, but that that has no bear h
lg on the question in the present case II
ecause Mr.. Rodiek is neither a SOL II
Ter nor a sailor; that the real ques- II
on is whether Mr. Rodiek has COM II
led with the law. II
Judge Dole holds that the special II
revision of the Organic Act is not II
,pealed, and that Mr.. Rodiek is en- II
tied to naturalizat ton on his aRpli- "