Mr. Mills to Mr. Olney.

No. 162.]

Sir: I transmit copy of act No. 77, “to prescribe the procedure in proceedings for naturalization of aliens.”

I am, etc.,

Ellis Mills,
Chargé d’Affaires ad interim.
[Inclosure in No. 162.]

Act 77.

AN ACT to prescribe the procedure in proceedings for naturalization of aliens.

Be it enacted by the Legislature of the Republic of Hawaii:

Section 1. An alien may be admitted to become a citizen of the Republic of Hawaii in the following manner, and not otherwise:

He shall file a petition in writing, verified by oath, with a justice of the supreme court.

Sec. 2. He must set forth in his petition:

(1)
That he has resided in the Hawaiian Islands for not less than two years,
(2)
That he intends to become a permanent citizen of the Republic of Hawaii.
(3)
That he is able understandingly to read, write, and speak the English language.
(4)
That he is able intelligently to explain, in his own words, in the English language, the general meaning and intent of any article or articles of the constitution of the Republic of Hawaii.
(5)
That he is a citizen or subject of a country having express treaty stipulations with the Republic of Hawaii concerning naturalization (stating the same).
(6)
That he is of good moral character and not a refugee from justice.
(7)
That he is engaged in some lawful business or employment (stating the same) or has some other lawful means of support (stating the same).
(8)
That he is the owner, in his own right, of property in the Republic of Hawaii, of the value of not less than two hundred dollars over and above all incumbrances.
(9)
That lie has taken the oath prescribed in article 101 of the constitution of the Republic of Hawaii.

Sec. 3. The petition shall set forth the petitioner’s name in fall, his age, place of birth, and the date of his coming into the Hawaiian Islands.

Sec. 4. The petitioner shall at or before the time of his application to be admitted to citizenship declare upon oath, and subscribe to the same, that he renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty and particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject, whether by birth, naturalization or otherwise, and that he will bear true allegiance to the Republic of Hawaii. Such oath may be administered by any person authorized to administer oaths.

Sec. 5. The petitioner shall be required to prove all the allegations of his petition to the satisfaction of the justice hearing his application, and said justice is hereby authorized to examine the petitioner upon oath and to summon and examine such witnesses as he may deem essential as to the possession by the petitioner of the qualifications set forth in his petition.

[Page 388]

Sec. 6. Upon compliance with all the requirements of this act, the petitioner shall be entitled to receive a certificate of naturalization in such form as may be prescribed by the justices of the supreme court, under the hand of the justice hearing the petition, impressed with the seal of the supreme court and attested by a clerk thereof.

Sec. 7. The petition, the oath prescribed by section 4 of this act, a copy of the certificate of naturalization, and a concise statement of the evidence adduced shall be preserved among the records of the supreme court.

Sec. 8. Every petition of an alien to be naturalized shall be stamped as are ordinary petitions to the circuit courts, and a fee of five dollars shall be charged as costs of the proceedings.

Sec. 9. If the petitioner shall have received from the minister of the interior a certificate of service, as authorized and set forth in section 2 of article 17 of the constitution of the Republic of Hawaii, he shall not be required to allege in his petition his possession of the qualifications set forth in section 2 of this act, but he shall allege in his petition the receipt of such certificate and shall exhibit the same, or, in case of loss, a certified copy of the same, to the justice hearing his application. In all other respects his petition shall comply with the provisions of this act.


Sanford B. Dole,
President of the Republic of Hawaii.