The Hawaiian gazette., 1914-05-01
LOSES RIGHTS
If SHE WEDS
An ALIEN
Attorney General stainbaclx
Hands Down an Opinion Which
1t Is Believed Will Prevent
Number of Hawaiian Women
from Securing Land Under
Homestead Law.
lFrom Thnrsday Advertiser..l

iHIOHi lHhIeuaJ Auhtiiinch.J
"opinion No. 372--Alieps: An Amer
lean woman becomes an alien by mar
rying an alien.
"Homesteads; BY section "a Of the
Organic Act an alien who has not de-
clared his intention to become an Amer
fcnn citizen cannot take up home
stead. ~ Attorney General Ingram M.
Stainbaek. g
In substance this is the gist Of an
opinion rendered yesterday by the ter
ritoriaI attorney general in reply TO a
question on this point put to him by
Land Commissioner Joshua d. Tucker.
Attorney General stainback's opinion
ON the subject is just the opposite Of
the opinion rendered on December 10,
1907, by former Attorney General
Charles r. Hemenway, as well as Of
that rendered by Attorney General Al
exander Lindsay Jr. some time after
that. Hemenway and Lindsay held
that an American woman could marry
an alien and still, for the purpose Of
acquiring government land, retain the
rights OF an American.
Unless Attorney General Stainback 5
opinion is later set aside by superior
judicial power, il is thought that con
siderable hardship will be worked upon
many women who have acquired home
steads in the Territory and who were or
have since been married 10 aliens, as
in the case of Hawaiian women who
have married Chinese husbands, who
are not and cannot become american
citizens. Attorney General Stainback
yesterday declared that he was salts
fed that his opinion is the only correct
one in the premises. His opinion in
fpll IS as follows:
"In reply to your question as to
whether a woman who is an American
citizen by birth retains her American
citizenship after marriage TO an alien,
beg TO state that by the Act Of Con
gross dated March 2, 1907, chapter 2534.
paragraph 3, 80 Stat. l.. 1927 '0f tho
Laws Of the United States, IL is pro-
vided:
"'That any American woman who
marries a foreigner shall take the ma
tionality Of her husband. At the ter.
mination Of the marital relation she
may resume her American citizenship.
II abroad, by registering as an Ameri-
can citizen within one year with con-
sui of the United States, or by return.
ing to reside in the United States, or.
II residing in the United States at the
termination Of the marital relation, b.
continuing to reside therein
ga copy Of this statute was prob
ably not accessible TO Attorney General
lIemenway when, upon December 10,
1907, he advised your department that
a female American citizen did not lose
Ter citizenship by marriage to an alien,
and 10 must have been overlooked by
Attorney General Lindsay, whom you
state gave similar opinion.
In the case Of In re Martorana, 1852
Fed. 1910, il is held that:
Under the express terms Of tho
Act Of Congress of March 2, 1907, chap
ter 253l paragraph 3, 81 Stat. 1898,
respecting the expatriation Of citlzcus,
an American woman becomes an alien
by marrying an alien, though she con
tinued TO reside in the United States.
According to section 20 OF the Or.
ganic Act;
NO person shall hereafter be en-.
tlJled 70 receive any eertlncate OF &C.
cupation, right Of purchase lease, cash
freehold agreement or special homestead
agreement, who is an alien, I'M
less he has declared his intention to
become citizen of the United Statea
as provided by. law; nor shall any per
son who, having so declared his linton.
tion, shall hereafter take or hold under
any such certificate, lease of agreement,
continue SO TO hold or become entitled
TO homestead lease or patent of the
land unless he shall have become a
citizen within FIVE years after 50 tax
ing.
Consequently, in our opinion, a
woman married. TO an alien cannot take
lup a homestead while such marital re.
lation exists, unless possibly the hus.
band has declared his intention Of be.
| coming an Amerieanf citizen -