Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-01-28

election from the Inspectors thereof. Literal
ly then, any man receiving n majority of votes
from the electors of district is virtually
member of he legislative body unless after
wards disqualified by determinatc majority
of the wlulc house itself. Under such a
rule, every representative to n man, may have
been LITERALLY illegally elected but having
become sworn in all, irrespective of the
legality Of their election, are empowered to
pass upon the eligibility of any particular one
1t is a venerable and trte saying, that people
who live in glass houses should not throw
stones, and it is neither unnatural nor unlike
ly that such suggestion should be acted up
on by members of the Legislature as we'll as
by persons in other positions of life. Under
such suppositions however, we would not be
understood to infer in any case the probability
OF general, or even majority election, of
legally disqualified representatives, although
compelled TO admit the possibility. But it is
very certain that any person not legally
elected himself, unless he be devoid of ordi-
nary reasoning capacity, is not likely to he
the one to expose the worthlessness of tho
credentials of his neighbor, and in many
cases Of this sort the disqualification is not
universally known but confined to person
or two and they again may as well be un-
qualified as otherwise. In matters of this
kind, man once have become elected, and
having assumed his functions as member,
the burden of proof as to his legal disability
a.
and it would often be tedious and difficult
business involving labor and delay to prove n
charge, however well founded in right, espe-
cially in reference to such as may come from
distant districts. Setting theory aside how
ever; no one who has resided here for any
length Of time, and ia at all familiar with the
legislative machinery of tho country, will be
disposed to doubt the great disinclination
cvinccd by tho legislative body to dis1ualiy
any member once sworn in az a representative.
Our memory fails us If there has been an in
stance where a member has been compelled to
vacate his seat in the House for legal disquali-
tication, while we do know of cases in which
ineligiblity has already existed, and wherein
proof has, or could readily have been given
of it. Many at every session sit in the House
who are, without doubt, ineligible who do
not understand accounts who not only do not
- own real estate to q clear value over aud
above all membranes to the amount Of
$780, as required by tho constitution, cor
who have an annual income of at least $3.50,
derived from some lawful employment" bnt
luvn NO tofa and t,, .F,l
ment in the strict sense Of the words. A per
son once in The Legislature may remain there
if We judge by the past, in violation of any
and all stipulated requirements, excepting
perhaps decided iundcy or idiocy. Two for
eign members some years since, held their
seats in direct contraricty with tho provision
OF the constitution requiring domiciliuton
within the Kingdom during the year elm
medately proceeding their election" notwith-
standing that the matter was well ventilated
at tho time in the local papers, and discussed
in the House itself.
In view of such facts then the absurdity of
such restrictions as are legally imposed, u
manifest; and it has been remarked by an
able author that imperative laws are worse
than none. So we believe, and for that rca-
son.-and in appreciation of the necessity of
so''se qualifications in those assuming to re-
present the people in Leg Alative Council,
deem it to, the interests of all that some
method be adopted to insure that such quail
fications as are fixed by law shall be carried
out and enforced, and as the Legislature,
while themselves acknowledging the neces-
sty, have also proved themselves incom-
petent to deal will, the matter, it wonld be-
hoove all parties concerned to look for a
remedy elsewhere. This object we believe
could be attained by some arrangement re-
quiring that credentials of qualification should
be presented to the Inspectors of election
prior to the admission of names in candida
ture, and that personN running without such
certificate should have no votes counted in
their favor. In order to effect such change
an amendment to tho Constitution would b.
necessary but as 10 the amendments already
proposed in regard to property qualification
it could have been fixed by law according tc
Article 63 of the Constitution.