The Hawaiian gazette., 1917-01-02
Governor Proposes To Move AT
Once To Secure Action From
the War Department
LEGISLATION MAY BE = p. 4. !.
ONLY SOLUTION LEFT
Seven Hundred Brown Brothers
Have Already Taken Out Their
Initial Papers

Judge Vaughan 3 decision yesterday
denying Flipinos the right to become
haturalized American citizens created
an instant furry Of excitement in ma,
tionnl guard circles where it was cou.
sidered another serious blow at the
citizen soldiers regiments in Hawaii.
Inasmueh MS only citizens may be
members of the national guard, the de-
cision is taken 20 mean the practical
disbanding of the Filipino companies
of the guard in the Territory. Numeri-
cally these companies are the backbone
Of the national guard regiments of the
Islands. .'...r
Direct and immediate action will be
taken by Territorial army and national
guard officials to counter the effect of
The decision. At present the policy
will be to sit tight, keep the Filipino
companies together and learn at once
what the decision means to the guard.
There is considerable confusion
among federal, territorial and guard
officials as to Just what the status of
the Filipino guardsmen will be in the
light Of Judge yaughan's ruling. Rut
no chances Of disbanding Of the Fill.
Pine companies will be taken.
As quickly as he learned of the deci.
sion, Governor Pinkham took up the
matter. After the meeting of Filipinos
last night in honor of DIR. Jose Rial,
Governor Pinkham said: H.. y
A Vital Matter "
"Judge Vaughan's decision is a
vital matter that will be given my i'm.
mediate attention. / have not had a
chance to read the decision yet but /
understand the gist of it and the pos.
sible effect IL may have ON the ma.
tional guard. M' ..#'.
81 will take the matter up with the
proper authorities at once as matter
of national defense. This matter in.
wolves more than Filipino citizenship
or national guard strength. II il. inn
. portant as matter Of national de.
fense.p .. '.E't.... p
In view of the fact that Judge Glen
ons handed down an opposite opinion,
deciding that Filipinos were entitled t.
citizenship, lawyers and authorities on
the question are at sea. Several main.
land courts have also ruled one way
or another on the issue. y'"" NJ
1t is generally believed that in some
method, this case or u similar one viii
be carried to the circuit court of APP.
peals and possibly the Supreme Court
for ruling. & ~ sts' ttt|.a
Submit TO War Department u.s. "t|
Brig. Gen, Samuel /. Johnson was
plainly worried over the decision yes
terday. He conferred with the Govern
or on the question as soon us he learned
of the ruling. ea
II is understood that the question
will be taken to the war department
for ruling at once, without waiting for
action by congress or possible fa Sr.
able ruling by a higher court. Govern.
or Pinkham's attitude apparently is
shaped on this policy, The question
will be referred 10 the war department
through local army officers, 1t was learn.
ed yesterday.
That Judge Vaughan s decision may
be cireumvented or even disregarded
was Indicated yesterday by at least one
jurist. Judge Edings of Maui circuit
who was in Honolulu yesterday, when
told of the decision, said: ~ T.
open Door Remains 90 So {
81 can see nothing binding me to
recognize Judge Vaughan's decision
over that of Judge Clemens. There
seems to be nothing in today 3 ruling
to prevent Filipinos declaring their in
tention of becoming citizens in my
court and then joining the guard, which
four hundred have already done and
which more intend to do" -. g..
From records yesterday 1t was
learned that about seven hundred Fill.
pilos in the Territory have already de.
elared their intention of becoming citi'
zens Z. 4 +-,
When the Filipino companies Of the
National Guard of Hawaii were first
T. organized, the judge acknowledgement
Of the war department ruled that all
members of the guard must be citizens
or have declared their intentions. At
present Filipinos are members of the
guard under, a ruling that permits those
who have declared their intention to
become citizens to be members Of the
guard. Pr.
Attorney, General Stainback pointed
out yesterday that MS far as the terri,
torial law covering the guard was con,
eerned, the next legislature could pass
"A law annuling the effect of Judge
Vaughan's decision. This, he said
would not settle the question of the
federal side of the national guards,
mems allegiance. lfJy'r j.. e.. g..
"lf the Filipinos can't become citi,
zens, remarked Attorney General
Stainback, ''they ought to stop bring
ing them into the Territory
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