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Can Circuit Judges Naturalize.The question of the legal |K\vcfs of circuit judges in naturalize appli-ctintn lor American citizenship ha* been raised in the Knisti murder case liefore Judge Pm son* ot Ilonokiui, and it will probably be taken to the Supreme Court. C. S. Smith, attorney for the defendant. has challenged the indictment on the ground that the ('.rand Jurors who found it were not citi/ms. A number of them are Portuguese who were naturalized in Territorial circuit courts, and there is reported to bt considerable indignation among the Portuguese over the claim that their citizenship is not genuine.Kainti is up for trial under accusation of a very brutal crime. He is alleged to have killed one Morinmn by beating in bis skull with u hatchet. The crime as alleged was so atrocious that the authorities refused to accept a plea of guilty of murder in the second degree, ami Deputy Attorney General Prosser, who returned on the Kitmu last Wednesday from Honolulu in order to attend the hearing, which was resumed on Thursday.Attorney Smith's motion raises a question which has been before all the circuit judges and before I‘nitcd Stan s Judge Dole, but has never been adjudicated. Circuit Jud .*c Gear held that as a circ uit judge he had no right to naturalize applicants for citizenship, while Judges I)e Colt and Robinson have held the other way and sworn in a number ol citizens Judge Matthewinan held with Gctr and refused to make citizens.The matter caiue before Judge Dole in the shape of an application for naturalization by Judge Clark, District Magistrate at Kailua, who hud been sworn as a citizen by one of the circuit judges. Dole did not make anv legal ruling, but he declined to naturalize the applicant over again, as this would have been practically a ruling that the other naturalization was invalid. At the same time the judge stated tluil he was not be considered as deciding the matter, it not having been brought before him for decision.Judge Parsons has not given his decision yet, desiring first to give the questions involved a more thorough investigation after his return to Hilo. It will therefore be several weeks before his decision is made pub*I lie. There is much speculation as to the result of Parsons' ruling to sustain the contention ol Attorney Smith, for in the opinion of many lawyers, a reversal of all acts of naturalization ol circuit judges will be far reaching in its effect. The recent election and llie right of members of the legislature to enact laws might be invalidated, as well as all legislative enactments. The disqualifying of so many voters, who were naturalized by circuit judges, would undoubtedly make a difference in the returns of the election of a Delegate to Congress. The Houokaa murder case, if appealed, will serve to bring tlic qucstoiti before the Territorial supreme court for decision.
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Hilo Tribune
Hilo, Hawaii, US
Tue, Sep 05, 1905
Page 1
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Eric M.
NA, NA 03 Nov 2024
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