The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1920-12-24
MCKAY FAILS TO
PROVE HIS RIGHTS
Decision of Court is that Dis
trict Magistrate Has Not
Established Citizenship; Ap-
peal to be Taken.

w. A. Mckay has not established
his claim to citizenship and right to
hold the Office of district magistrate
is the decision which was rendered by
Eircuit Judge l.. L. Burr in the pro-
ceedings brought by Eugene Murphy
rendered in the court room shortly
after noon, Monday. In rendering the
decision the court reviewed the plead
ings, the facts shown in the evidence
admitted, the law, especially as it ap-
plies to the admission of parol evi-
dence in support of claim to citizen
ship, and quoted authorities Attor-
ney Frank Crockett excepted to the
decision and gave notice verbally that
he would take an appeal
Many Others Affected
Aside from the Importance of the
decision in the case heard there was
cited by Judge Burr decision which
would appear to invalidate the citizen
ship of all those who secured certifi-
Gates of naturalization for a period of
about two months in the fall of 1900.
The decision as cited says a deputy
clerk of the court cannot certify to ma
turalization and there were many GER
tificates signed by George Cummings,
deputy clerk and acting in the absence
of the clerk, James N X. Keola under
which the recipients have been voting
and exercising the rights 9f citizen
ship ever since. Such citation did not
apply particularly to the case'in point
for no evidence to show that certi-
ficate had been granted to Mr.. Mckay
was admitted.
PreIiminaries to Hearings
ksEoceedings were instituted by
Eugene Murphy several weeks ago in
which he asserted District Magistrate
Mckay was not a citizen of the Unit
ed States and was not entitled to hold
the Office of district magistrate for
that reason. Mr.. Mckay, by Attorney
Crockett demurred and two demurrers
were overruled. Next an answer and
a plea in bar were filed, the latter
being disallowed and the case heard
on the pleadings. Hearing began last
Wednesday, continued through the
morning and into the Afternoon and
was continued to Monday. Attorney
Crockett finished his case shortly be-
fore IL, recess of a few minutes
was taken and the court rendered a
decision which required more than
half an hour and which has been hand
ed down in written form, and is pub
lished in full elsewhere in this issue.
Court Rules Adversely
AS was the case on Wednesday, At
torney Crockett was confronted by
objections whenever he sought to
prove by parol evidence anything
which related to citizenship of Mr..
Mckay more than the meager entries
in the records, records showing the
payment by Mr.. Mckay of 81 and the
word natural" He was permitted to
ask his client whether he had a
certificate given him and whether or
not he had lost it but not for the pur-
p6re of proving citizenship, in an ef-
foFt to prove loss of records. The rul-
ing of the court was that where re-
cords of the court have been lost or
destroyed secondary evidence to prove
the contents can be introduced, or
where it is impossible to know where
the father of a person was naturalized
and the son claims citizenship under
that of the parent, after the death of
the latter, that parol secondary evil
dence is admissible but that in the
present instance there were books
which purported to be the court re-
cords, in which entries relative to ma
turalization proceedings would be
supposed to and some do appear and
which contained no entries showing
filing of application, presenting of
testimony, administration of oaths or
entry of judgment in the case of Mr..
Mckay.
Crockett is Persistent
Attorney Crockett repeadly sought
to show by witnesses that they had
known District Magistrate Mckay 20
years or more, that he had claimed to
be citizen then and since, had held
office and voted, etc, until the court
kremptorily ordered such cumulative
Offers to cease or to continue "at the
peril of counsel" He sought to intro
duce as evidence that Cummings had
issued a certificate to Mr.. Mckay GER
tificates issued to others whom he put
on the witness stand and as to whose
citizenship or naturalization no record
appearss but was precluded by the
courts ruling under the decisions ii
cited. Judge Kalua was permitted TO
answer the question as to whether
Mr.. Mckay appeared before him only
So far as to seek to prove loss OF
records and the former Judge was un
able to say any records were lost.
Remedy at Hand
In rendering his decision Judge
Turr called attention to the fact thai
under the amendments to the naturali
zation law in 1918 Mr.. Mckay and
others in his position, could apply for
and secure citizenship which coulc
not be questioned, as in the case then
before him.
Witnesses called for Mr.. Mckay
were j. n. X. Keola, Harry Mossman
Judge Kalua, d.. H. Case, ID. c. Lind
say, Frank Sommeneld, George Cum
mings, and V, A Vetlesen.