The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1869-11-06
THE PACIFIC
Commercial Advertiser.
SATURDAY. vEMBER 6.
The Election Law.

III Ihc ISieIdtifc Assembly kicOC1 cciui
that the election law of 1864 was indefinite, AM
capable of misconstruction, repealed it entirety
and enacted a new law {" to regulate the qualifi
cations Of electors" &c., which may be founC
commencing at page IA of the laws of 1868.
The only point in the present law capable o
being misunderstood, is the fine in which per
sons must pay their taxes to entitle them to vote
The Constitution. Art. CO, reads, Z" Every male
subject of the Kingdom who shall have paid HE
taxes, &c. &C., can VOTE" not specifying the
time in which such taxes must be paid.
The new law of 1868, See. 2, re-enacts the said
article of the Constitution as follows: {. Every
male subject of the Kingdom lrho shell hare paid
has tares, &c also mentioning no time in which
this shall be done.
Sec. 3 provides for the making of an Assess
ment Register to be made by the Assessor, Of all
persons qualified to vote.
Sec. 4 of this law reads, For the purposes
Of such elections, every Taxi Collector shall make
out an accurate list of the names of all the per-
sons in his district toho shall hare paid their tares
for the year Immediately preceding an election.
tcithin the time prescribed by Lto,'' &C., whether
such names be ON the Assessors list or not.
Sec. ) prescribes that the Tax-Collector shall
on or before the 3lst December return to the in
spectors of elections the list of qualified voters as
extended and corrected by him according to
Sec. i.
Sec. 6 provides that at least 10 days before
the election, the inspectors of election shall post
in three places this list of voters.
Sec. 4 makes it incumbent upon the inspectors
To hold two sessions, not less than 10 nor more
than 20 days before the election, for the purpose
of receiving additional names to this list.
Secs 8 and 9 provide punishments for the
assessors or collectors failing to do their duty.
Sec. 10 provides that tax receipts with the
words = : guah fed 10 rofe shall be delivered to
those qualified.
See. l3 says that inspectors shall receive the
votes of all persons whose names may be borne
on the list of voters and who shall produce to
the inspectors of elections the tax receipt with
the words :. qualified 10 uote" upon it.
Now, what is the meaning of the words '' who
shall have paid their taxes WITHIN THE TINE PRE-
scRIBED nY LAw?" 1t is interpreted by the in
spectors to mean any time before the last day of
NoUeniber, although at the last election QSGS)
all who paid their taxes prior to the ELECTION
(Feb. g. were allowed to vote. Sec. SOB of the Civil
Code authorizes the Tax-Collector to levy upon
the goods and chattels of the delinquent if his
taxes are not paid before the last day Of Novem-
Der, but it is nowhere established by law that no
one can rote, unless his taxes are paid before the
Goth day of November. And Sec. Z, which re-
quires the inspectors to meet from ten to twenty
days before the day of election, clearly implies
that additions to or corrections in the register
may be made up to that date at least. The
question arises, was it not intended to allow all
pay their taxes prior to the session of
the inspectors TO record their names on the regis
and be allowed to vote?
1t is well, however, for tine public to know the
obstruction that Will be put upon the law, and
We, therefore, urge all who wish to be certain of
heir right to vote, to pay their taxes before this
month of November expires. Mechanics and
others interested in the passage of new tariff and
abOr laws, and who have voters in their employ,
houid See that their taxes are promptly paid by
Nov. 80, whether the rule be constitutional or not.
Nh. EDITOR Il observe in the report of my re-
marks at the meeting at Kaumakapili Church on the
9th of October, some omissions of some Importance 4
the correct understanding of the views expressed 4
here.
L spoke of the subject of contracts in reference to
he repeal of the law under consideration at the
,eeting. Iemphatically stated that if the employed,
rho had voluntarily and Understandings contracted,
-iiluiiy, lraRtoniy, psrperseiy broke his contract,
he injured his employer it was a fraud upon
i'm, and the law which compelled him to fulfil his
ontract to do only what he ought to do, was right
Gus and just that the repeal of the law without !
mother in its stead, to enforce good faith where
'iiLfuiyviolated, tended to sweep away the founda-
ons Of morality and confidence which the members
{ n community must feel in each other, and to :
reate general distrust. The servant has his remedy ,
the employer abuses him or in any way violates
is contract he has only to complain and sustain
is complaint, and he may be released, and his i
nployer fined not less than five nor more than one I,
dollars, and in default of payment be {
Imprisoned at hard labor till paid and in several /
ises the penalties of the law have been enforced on !
lie master. including both fine and Imprisonment. i
nd if you consider how small the proportion Of 9
nployers to employees, the number would be very ;
rye If the proportion of the two parties were equal; !
hereas, II the employed are not required to serve N
1t their contracts, so few have property beyond c
hat the law exempts, that they would be able con- i.
nually to inaict injury wILLFULLY upon their en- +,
Oyers with perfect IMMUNITY. whilst they would
I'VE full redress for their own grievances and t
rongs. .Note-the law says wILLPuLLY, and laws !,
give no redress against wuLruL wrong or q
jury, inflicted by one party, whilst giving full n
dress to the other, if he be injured, are neither u
Iual nor just. The law as it stands, I said, was h
81 to both parties 1t redresses the wrongs of il
protects both. =
My explanation OF my meaning by the use Of " fitness of -
ngs," Is not reported correctly. ] said IL had no local ap- -
cation IL was appncabls to all men every ifa man, II
LJHHy does wrong and Injuries another without his fault. IL
right and proper that he should repair the wrong done 10 ,s
neighbor. He sins by INJECTING, the wrong, and If he :.
Use 10 DO right, the law should compel him TO do 30. The ID
0 and object Of law In justice. and impractical laws which =
. repair no injury tcantoniy done fail Of their object. n
nus much oil the substance Of my remarks on those points. :.
u speaker sail ~two gentlemen Zone Of whom Was UNDER VI
Cd u be my sehD had spoken In favor Of The coolie system ~
heard no remarks fayoring what he meant and what his N
Afers generally understood by the "coolie system NJ M
fanny made none. i plead for the right Of all men 10 =
IKE contracts TO labor, If they chose to do so. and Of their
To keep such contracts when voluntarily made, OF
thout deception or wrong Of the other party, and of the 4,
tce OF the law in enforcing them when uriXfuAy and rcan- .,
ay violated without any wrong OF the other party, bur to VI
INJURY. 1 know Of no man who jus;ifes what the speaker OF
meant by the - coolie system" and I know Of no
rh system in Ahs kingdom. II you will give the above "a
parks and corrections an insertion In YOUR paper, Won win W