The Hawaiian gazette., 1917-05-04
Those Who Left Porto Rico Be-
fore Last March Not
Regarded As Citizens
CIRCUIT JUDGE KEMP
HANDS DOWN HIS DECISION
Writ Of Mandamus Asked BY
Sanchez Is Refused BY
the Local Court

Porto Ricans resident in Hawaii who
left Porto Rico prior to March 2, lDl7.
are not citizens Of the United States
and are not entitled to be registered
and to vote at the coming elections.
sneh is the eist Of an important
opinion rendered by Circuit Judge
Kemp, which affects the status Of be.
tween 500 and 700 Porto Rieans who
had hoped TO be able to exercise the
tight Of franchise at the coming pri-
mary and general elections in the Ter
ritory
The decision was rendered in the case
| Of the petition Of a Porto Rican named
Manuel Oliyieri Sanchez for a writ OF
mandamus 70 compel City and Comfy
| Clerk David Kalanokaluni to Register
| him Is an elector.
4 Whether or not an appeal viii be
taken from the decision Of Judge Kemp
has not yet been decided. j. Light
foot, who represented the Porto Ricnns
/ III the case, which was brought as q
tast case, said last night that deleQa.
/ tions Of Porto Ricans from all the
athot islands would assemble in HonoIn.
IA next Sunday to discuss the matter
land decide whether OF not the case
should be appealed.
= Judge Kemp's decision, said
il tiehffoot, "plaees the Porto Rican
who ~ not in Porto Rico In serious
lsituation Under that decision, which
Iif Is law now, Porto Ricnn anywhere
but in Porto Rico is man without a
Z country. He Is a citizen Of no coun.
TRY. He Is not citizen Of Porto Rico
| and be Is not q citizen Of the United
3thtes.i'
/ according to the petition, Sanches
4 was horn In Porto Rico in 1883 and
his parents became citizens Of Porit
! proved April ~, 1900. Sanchez camt
) 70. Hawaii September %, 1901, and hal
resided here ever since. He can read
II srite and speak English and has nevel
I been convicted Of q felony. The peti
Toner contended that under the Port,
4 sican Citizenship Act Of March 2. 1917
4 he became q citizen Of the Unite'
: States.
Judge Kemp, in his lengthy writte'
decision, said that in order to deter
mine whether or NOT Sanchez was
y citizen Of the United States on Apr
4 I Il, 1917 the date upon which Re al
(. piled for registration-it was necessar
= 70 determine whether or not he was
2 citizen Of Porto Rico on OF prior I
y that date. A ifiii
saI am Of the opinion, !, said Il
e Judge in his opinion, 'fthat the pet
2 TONER while residing IN Porto Rio
s prior 70 August, 1901, WAS citizen
. Porto Rico. =
VI Judge Kemp pointed out that In hi
: country there Is double citizeaship, nj
tiOnal and state. A man may be q cit
y zen Of the United States without bein
. citizen Of State, One has to resid
I in State TO be a citizen but one IA
: only to be born OF natnralized in ordt
>, TO become citizen Of the Unite
Estates, State citizenship, terminals
!, with permanent removal from u
q State.
= "If eitizenship Of Porto Rico, ;, 50.
. the Judge in his opinion, sis analogo
. to State citizenship, y follows tn
= 'Asp the petitioner left Porto Rico
y 1901 without the intention Of retur
" ng, he automatically ceased to be
~ ,itizen Of the United States and ".
e lot on March 2, 1917, such q citizen
iQrto Rico and therefore did not b
Dc ONE q citizen Of the United States.
p 81 am impcIled 10 the eonelysi
p hat congress only Intended 70 ma
Porto Ricans citizens "a long as IN
emained inhabitants OF Porto Ri
diving them thereby citikonship an
d ,Rous to State citizenship a. dist
- rushed from national citizensh
= which would be Lost BY removal fl
Porto Rico
: "Being OF the opinion that the
lljcant was not on March 2, 1917,
,itizen Of Porto Rico as defined
Section 7 Of the Act OF congress
: April ~, 1900, conclude that the A
lof March 2 1911, has no Applicant
to him and that he il therefore mol
: Icitizen of the United States.
The Judge also held that even II (
petitioner could become citizen
y 1.-THE United States BY virtue Of the
Of March 2, he could not become 81
b citizen until the expiration Of
Iperiod Of time set by congress in WI,
ek Porto Rican residents might q
es whether or not to retain their forl
political status, TO wit, six months
mt ter March 2, 1917. nTheref0re, =
,rn says, .if of the class 70 be naturali
te, BY the Act Of March 2. 1917, hatmr
N. zation would not be effective until
ar, months after the taking effect o.
ne, | Act
q The peremptory writ Of mandal
on was denied and the alternative '
* | dismissed.