Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-05-02
JAPANESE FROM
HAWAII MAY BE
BARRED IN 1915
Continued from page onel

essarily 'prima facie' evidence in
proceeding under the federal
immigration laws, or indeed. in
any matter of a federal nature.
Were they issued on the basis of
properly authorized public records,
the situation might possibly be
regarded as analogous to that
which arose i'm the case Of Will
liams, administrator, v. United
States 137 U. S., 113, 135-136).
in which it was held that Section
sos Revised, Statutes (Which is
doubtless the section on which
you rely) does not impart to a
state record so authenticated q.
e. as required in the statute}
anything more than faith and
credit" and certainly does not
extend the effect of a decision,
against state TO the general gov
eminent, or make an award or
judgment, which may be final
against state, either obliga-
tory In law or conclusive as evil
dence against the United States
tSee also in re Leong Sal, Vol. /,
u. S. Dist. Ct Hawai-, 234.l
so far as the Bureau can ascer.
tain, the only eyidentlary value
which certificates of the charac-
ter of those under consideration
have is that given by Sections
of the act of the territorial Iegis-
lature OF 1905, which states that
such certificates shall be afford
ed .prima faeie' weight before
registration or election boards
and In all courts of the territory
the practice in this service
has been to accord such certifi-
Gates such cumulative evidentiary
weight only as the facts and cir
cumstances in each individual
case might seem to warrant. =
As a matter of fact, there is moth
ng new about this ruling, it is mere
a statement in a particular case O
! practice which has always been fol
owed by the bureau of immigration
nd the department of which tina
lureau has formed a part. You vii
ecall that the department always re
used to accept as of more than Sigh
cumulative value certificates of brit
to show that the Chimes,
Presenting them had been born il
california, such certificates almost in
,ariably having been granted 'es
arte' and .nrnc pro tune Expert
nee has shown that certificates O
firth granted under the Hawaiian
legislative act are usually issued ais,
* parte' and hume pro tune Il
lany instances. moreover. such Ger
ificates have been granted to per
ons who, at the time OF their issu
nee, we're not even residing in. tn,
Hawaiian Islands, the certificates be
lg sent abroad to such persons ant
sed by them in an effort to gain ad
lission to the United States. - :.
II You can suggest any method b!
hitch the person in whom you ar,
lterested can be granted the priv
sge Of coming to the mainland tenn
orarily to visit the exposition, o
curse, the department win be glat
B receive such suggestions, and vii
i've them most careful consideration
iut you can readily understand tina
ne department could not, either as {
orrect construction of the law or a.
he adoption of a sound policy, admit
] the mainland. as American citizens
ersons who have Hawaiian certifi
ates of birth not based upon contem
oraneous official records, but grant
d on Eek, parte' testimony years aftel
ne birth is said to have occurred
hereby recognizing the, holders al
merican citizens. The certificate
ven when given the greatest weight
, which it purports under the act o.
re legislature to be- entitled. could
OF be accepted as conclusive evidenc;
American citizenship" -