The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-02-08

Z lie would nor w ncn the -Dlllcr NOtci " II
sisted On knowing every ballot that was deposited
by them, and in some instances took from them
ballots. and passed them to the Inspectors
We understand that he boasted OF having
torn up over one hundred Of me Ausfia ballots /;
bat we DO not think the number was 80 large.
Even IL be destroyed fifty only, and compelled
fifty cleo tors to vote for Mr.. Rhodes, it Will be seen
at once what 4 difference it made. Mr.. Rhodes
had $50 votes. Mr.. Austin PA. Fifty or even
forty from the former added to the latter would
have secured the election of the entire Austin
ticket. But If, Us is claimed, one hundred bal
lots were thus destroyed, the majority in Austin's
favor would have been 1914
That our readers may understand more thor
oughly the injustice that was perpetrated, we will
state that Mahuka, besides being Captain of the
Household Troops, under pay of Government, is
also and has been for years the Kings konohiki,
OF oyersecr of the Kings and other lands lying
south of the city that he lie acquainted with
almost every native living in the district, and as
konohiki or landlord exercises more or less
authority over them. One native on his land,
who at first refused to give up his Austin ticket,
was told by Mahuka that he would be turned off
from his land If he did not. There was no alter
native, and the poor fellow had to vote the Rhodes
ticket a. ordered to by his oyerseer. In many
instances he shook his fist in the faces of voters
and used illuminating language and gestures.
Al this and more uriH bepr0ued.
Efforts will be made TO ascertain the exact
number of voters whose rights were thus tam
Iered with, and it may be even more than We
now suspect. To all who are acquainted with
the Hawaiian system Of lord and servant, it needs
no further explanation II show how easily the
result Of the election was changed by allowing n
man Of his stamp to he where he could exercise
an intimidating influence. All tins has been
done in direct violation Of the Civil Code, which
SAYS:
SECTION s09. Any person who shall, by bribing
another with money, promise OF reward, or other
wise. attempt 20 influence any elector in giving his
ballot; or who shall use any threat to procure any
ciectOr TO vote contrary to the inclination of such
clector, or 10 deter him froI-t giving his ballot, shall,
on CONVICTION thereof, be fined not exceeding nifty
dollars, or imprisonment Mt hard labor not exceeding
SIX months, in the discretion Of the Court.
And We distinctly declare that not only Cap
tain Mahuka has violated the above law, but we
believe that charges against Hon. d. kalaknua
and Bill Ragshle can be sustained. All these
persons ore Government officers, who have no
right to intcrmcddlc in the elections, and have
laid themselves oIcn to prosecution. We be-
lieye the proof is sufficient to sustain an action
against each. A
Nor is this all. Judge Montgomery, one Of the
Inspectors, whose duty il was TO receive and de-
poSit the ballots in the box, opcnel many of the
ballots sufficiently To know himself and to shew
to any observer the character Of the ballots which
many electors brought up to deposit. We insist
that this is a riolaiion IF The la,O, which provides
II. II 49, -. lo...s. L.. $3.50 ...t.ro-.x
to all outside parties. By holding the folded
ballots up to the light, and reading the printed
letters and characters on the ticket, as was done
with many, he frequently declared 10 bystandcrs,
without any conjunction, what the vote was.
He would say this man is against you,'' or
80 this man is in your favor .. this is rough
paper 1.-THE Rhodes ticket), and : this is smooth
paper" 1.-THE Austin tickct), &c, &c. This he
did with a large number of the tickets.
On two occasions, when policemen were voting,
he asccrtained that the ballots they offered were
the Austin ticket, and gave the information to
Government officers present. On another occa-
sion he begged to- be excused, and stepped into
the Marshai's outside Office with the -policcman's
ballot in his hand, and returned with it. In this
Office were several of the Ministers. This was
openly an intimidation of electors, and rs such a
r~iokaiion Of the ADORE iar. No inspector has n
right to know the character of the ticket deposit
cd, nor even to open it, unless there is something
about 1t that excites his suspicion rs TO its being
double. As inspector, Judge Montgomery has
shown himself too much of a partisan.
There were other minor irregularities, such rs
persons to vote who have been convicted
Of infamous crimes, DC. Also the registering of
persons as voters who paid up to the day of re-
gistering, without public notice of what was
to be done. The rule itself was per-
fectly proper, bad due notice been publicly given
Of it. These, however, were minor Irregularities
which may be overlooked.
The statements which we have made public
above, and which can be substantia;cd by afi-
that the balloting at the polls was illegally con-
Quoted, and therefore the election should be de-
clarcd null and void.
If it be said, in reply, that the Austin ticket
it's p~artisans ut the ballot-box, we answer
that no one of them, 40 far ms We can learn, I'M
lcrtoOk 10 int.rfsre urifh The voters of Hc Rhodes
They did urge the electors of the Austin
to keep their ballots, and vote only that,
but were overpowercd, in many instances, solely
by the authority of the Government officers
above.
Fortunately, the Civil Code expressly provides
or such Irregularities as have occurred at the
ate election. We quote the section relating to it:
Section $50. Whenever fifty or more of the voters
q any district shall petition the House Of Represen-
iatiyes, setting forth that any person chosen rs
representative for said district, has been elected
Trough bribery, or any other unfair means, or that
ic is not qualified according TO law, the House Of
representatives shall institute an inquiry into the
ruth OF the charges in siid petition; and If they find
he charges Ia be true, they shall Immediately de-
Iare his election null and void.