The Hawaiian gazette., 1914-08-07
would MAKE
BIRTH PROOF
simple
immigration Commissioner Cen
eral Camihstti Promises 10 Aid
Hawaii in Task Of Establishing
Identity Of Children Born in
Territory Of Alien Parents.
(From wednssday Adtertlser. J

ritorial authorities In regard to thu
granting Of Hawaiian birth ccftiaeatoi
to children Of alien parents is now n
q fair way Of adjustment with prom
ise also that the adjustment win be
Of equal benefit TO All concefried, wa.
the statement made yesterday BY Wade
Warren Thayer, Secretary OF Hawaii
Under law passed by the territorial
Legislature some years ago several thou
sand birth certificates have both grant
ed TO the Hawaiian-born ehiidfen OF
Japanese and Chinese parents residing
in Hawaii. w
Within thc past few months the fed
cral immigration authorities at Sah
Francisco refused to recognize thdse
certificates as prima facie evidence that
those presenting them wore Hawaiian
born and a number Of Japanese who
were Americans by reason of their
birth in Hawaii were denied admission
to the mainland. d
The action of the San Francisco an.
thorities created quite sensation
among the Japanese, especially, in Ha.
waii, and threats were made that the
Question would b. carried both TO
Washington and Toxic IN a diplomatic
way. The t0ffit0fiai seefetafyv or
fee, however, forestallcd any such move
by directly taking up the subject with
the authorities ut Washington, mean
while suspending operations in the
granting Of additional certificates,
which, by the way, was n source Of con
siderable revenue TO the territorial sec
retary's Office.
In answer TO n letter written 10 him
on May rs last by Secretary Thayer.
Commissioner General A. Caminetti has
written the former. pointing way out
Of the difficulty. In view Of the recon-
mcndatiops made BY Mr.. Caminetfi IL
Is quite likely that the next Territorial
legislature viii amend the Hawaiian
birth certiiicate law IN such manner
that there will be no occasion for the
federal authorities to further object 10
recognizing these certificates.
Commissioner General Caminetti y
letter to Secretary Thayer, dated at
Washington on duly % last is as fol.
lows:
Cooperation Is Assured.
Your letter Of May Is, regarding
the issuance Of certificates OF Lirth IN
tho Territory OF Hawaii has been re.
ferred to this bureau by the secretary 3
oifice. Its contents have been noted
with interest and qualification.
You may be sure that the bureau
viii cooperate with you, both actively
and by way Of Offering suggestions, in
your determination and efrorts to en-
force the territorial statute with re-
spect to the issuance OF certificates Of
birth in such a way as to avoid to
the maximlim the perpetfation Of
frauds as an incident to the system;
its cooperation, however, OF course,
must be carefnlly confined TO the limits
which practical experienced with the en-
forcement Of the immigration laws has
demonstrated are necessary in connec-
tion with the acceptance, oven AS prima
facic proof, of certificates Of birth or
like evidence, when offered on behalf
OF persons apparently aliens, but
claiming citizenship, especially when
such persons are Of Asiatic origin.
go record Of birth created In con
formity with a statute Of state or
territory, INDEPENDENTLY, or prao
tieally so, with the Occurrences of the
event recorded, is, of course, satisfac-
tory evidence Of the birth, where the
identity Of the person claiming the
benefit Of the record Is established in a
proper manner Where birth is not
50 recorded, however, but the record is
created at some subsequents often re-.
mote, date, nue. pro tune aud upon an
ex parte showing, such record, and, Of
course, no certificate based thereon,
could properly be accepted BY immigra.
ti0n officers as establishing, even prima
facie, a claim of American birth. To
permit such practise would, In effect,
be transferring from the federal i'm
migration officers charged BY our inn
migration law with the duty Of deter
mining the right Of aliens to enter the
United States, and, therefore, primarily,
whether person applying Is an alien
or CITIZEN the duty aud authority
TO pass upon such questions, and to
place that responsibility upon officers
of states and territories, the latter be-
ing in no way responsible or answefable
to the department OF the federal gov
erninent charged with the ultimate re-
spoBsihility in the nfernises Records
so created and certified copies thereof
when introduced IN evidence. can be
accorded by immigration officials dniy
such weight as the facts and rirctm.
stances Of particular ease may seem
70 Justify. The value Of such evidence
may be affected by various. elements,
such as the length Of time that elapsed
between thesoe Occurrences OF the claimed
birth and the recordine Of Il. the num-
Der and character Of the witnesses ties.
tifying in connection with the creation
Of the records. etc.