The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-01-29
THE PACIFIC
Commercial Advertiser.
SATURDAY, JANUARY 90.
AN IMPORTANT DECISION.
NInndamus Cause.-The Rights of
Voters.

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the rights of voters under our present laws. We
think the principles involved and the points of
argument enumerated are of such Importance rs
require that they should be put on record.
The first case was that of Mr.. Henry Thomp-
son, who, having paid his taxes on the 3lst OF
December last, the Inspectors OF Election for this
district refused TO put his name on the list of
registered voters, they taking the ground that
the Both of November was the limit which the
law assigned them for making up their list OF
voters. MIR. Thompson, taking a different view
of the law from that of the Inspectors, applied
to Justice Hartwell of the Supreme Court, for a
rule niSi, for the Inspectors, Messrs. Jno. Mont
gomery, G. Ii. Luce, and w. r. Castle, to show
cause, why they should not be compelled by a
writ of maudamus, to place his name on the list
of legally-qualifed voters. On the ODD inst.
Judge Hartwell, in a very concisely and ably
worded decision, which is copied below from the
Gazette, ordered the writ as prayed for to issue,
and Mr.. Thompson obtained his right to vote.
After his case had been decided, other parties APP
piled to the Inspectors, to have their qualifca-
lions certified.
On Monday morning last, the Inspectors held a
session, as they had notified the public by posters
they would do, and among other applicants to
secure the privilege of voting at the coming
election was r. q. Davis, n well-known practi-
toner at the bar of the Supreme Court, but who
had not paid his taxes until the llth Of January.
He was refused the necessary certificate. MIR. D..
Immediately applied for a writ of mandamus, as
in the case of Thompson, which was issued and
made returnable for Tuesday morning, when on
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took place until 2 o'clock the anne day, and a
further adjournment until Wednesday morning,
at which time much preliminary argument was
had as to the right to take out the writ. Messrs.
Thompson and A. f. Judd as counsel for Mr..
Davis, and His Excellency the Attorney General
for the Inspectors of Election. The petitioner
was made to prove his qualifications as required
by law-such as citizenship, age, ability to read
and write, and even sex, and then the Attorney
General proceeded to argue against the motion.
After a long exposition as to the nature of the
writ, the power, duty and discretion of the Court
TO issue it, he took occasion to remind the Court
that the privilege of such writs had been much
abused in New York, and that different jurisdic-
tons often clashed one against the other in these
cases. This tended to bring the administration
OI justice lnlO ulSSidCc. He Ou u WloH u Z
such a state of things initiated here, and he did
not wish to see the Court mix in political excite
ments. 1t was, he said, peculiarly hard to drag
the Inspectors into Court, to be thus exposed to
idle curiosity. This case differed from that of
Mr.. Thompson, inasmuch as the taxes were not
paid until the 1lth of January, after the Tax
Collectors list was closed on December 3lst.
When the Attorney General had closed, His
Honor not requiring argument by petitioners
counsel remarked that argument from that side
was unnecessary as he had not changed his mind
since he decided MIR. Thompson's case and pro-
ceeded to give his decision. 1t was to the effect
that the Constitution and laws had not fixed any
particular date to bar the right of a voter to
qualify, but that the law evidently intended that
n final opportunity should be given to tax payers
to qualify themselves, up to the last session of
the Board of InspectOrs-otherwise what was the
object of their sessions, as prescribed in the law?
No one, however, could be so unreasonable as to
suppose that on the day of election, amidst the
hurry and noise incident to the occasion, persons
could then qualify. The writ was granted.
His Honor's decisions on the points submitted
were exceedingly lucid, and proved that his head,
as the saying is, was round - on that subject.
In the order granting the prayer for mandamus,
the Court said that the Inspectors could, if they
thought necessary, themselves take testimony as
to the qualifications of Mr.. Davis under the law.
This had not been required in Mr.. Thompson's
case, as they were admitted. But in the present
case, the petitioner was put to the fullest proof
of all TIE qualifications, by the Inspectors, and
all the little technicalities of law were observed
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lar, as everybody but they thought that the pre-
vious decision of the Court had covered all the
questions that could be raised in the matter.
Mr.. w. r. Castle. one of the Inspectors,-i
should be mentioned in justice to him,-differed
in opinion from his colleagues, and thought that
the qualification should be conceded. He also
declined to sign the answer to the petition, as
prepared by the Attorney General, for reasons
which he stated to the Court in very fitting terms.
1t is to 6e regretted that many voters are yet
shut out, and will be deprived Of the franchise,
there being no time between the Judgment of the
Court in the case under review and the closing of
the sessions of the Inspectors for them to learn
The fact and meaning of the decision. Many
applied on Monday and on Wednesday, to qualify,
and were refused by the majority of the Inspectors.
This decision Will nave Il tenueHcy 10 re-
store public confidence in the Supreme Court.
That the principle on which the decision rests, is
lust. no one will doubt for the Cabinet them
admitted the same when they decided i'm
1868 to allow all to vote who had paid their taxes
prior to the election.
But the point of interest in this case is, that we
nave at least one Judge on the Supreme Bench
who dares to give his judgment on the side of
light and law, and against what was apparently
he determination of the administration, who
undoubtedly instructed the Inspectors as to their
In the matter.
Had this nation possessed such a judge during
he crisis of 1864, when his decision would have
the Constitution from being overturned,
t would have been far better for us all. And
very true patriot cannot but rejoice that there is
low some prospect of a restoration of the conf
Ience formerly reposed by the people in this great
afeCnard of individual and national liberty.