The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-06-11

praying that the election of Hon. J. A.
Kaukau be set aside.
(Signed): J. l.. KAULUKoU,
J. X. KAUNAMASO,
G. B. PALoHAU.
Mr. Cecil Brown presented the following
minority report:
Hon. J. 5. Walker, President Legislative
AssembIy-Sir: The undersigned members
of the Judiciary Committee beg leave 10
present their minority report in the matter
of the petition OF ffty-four residents and
taxpayers Of the district of Kaanapai, in
the island Of Maui, praying that the cleo
ton OF Hon. J. A. Kaukau be set aside
upon the ground that twenty-three persons,
whose names had been duly entered on the
list of qualified voters, had been refused the
right 10 vote. From the evidence produced
before the committee, we are satisfied that
these twenty-three names were duly en-
tered and placed upon the list OF qualified
voters for the district, and we have come
to the conclusion that the refusal to receive
the votes of these men was illegal, and that
the provision of the law in regard to dis
puted or challenged votes was totally ig-
nored The twenty-three men whose votes
were refused were not challenged, nor
were any of them sworn, according to the
statute in such case made and provided.
OF the men so refused, some seven or
eight. had they been sworn as the law pro-
vided, would have shown to the satlstac-
ton of the Inspectors that they were resi-
dents of the district and had been three
months or more previous to the election
and that therefore they were entitled to
vote.
The evidence produced also satisfies Us
that these votes, if cast, would have been
for John Richardson. 1t was also proved
to our satisfaction, and no denial of that
fact was made that twenty-five of the
twenty-three votes refused would have
been cast for John Richardson. The totaI
votes cast were 139. of which the Hon. }
A. Kaukau received II, and John Richard
son 68, and if the seven or eight vote:
above referred to had been cast, Johr
Richardson would thus have had major
ity of four or five votes. The twenty
! three men were not challenged, nor were
| they sworn by the Inspectors; they were
| simply denied the right of voting in a body
| under instructions, as they stated, from
| His Excellency the Attorney General
| whose instructions were presented to thu
committee 1t is due to His Excellencl
! to say that had the instructions been fol
! lowed. in all probability this matter woul'
not have come before this honorable bod.
| for adjudication.
We therefore recommend to this honor
I IL, oIa of fna lon
! A. Kaukau be set aside, and that the Sec
rotary of this House be instructed to Orde
| a new election for the district of Kama
| pail island of Maui.
! (SignedD: CECIL Brown,
]. H. S. MARTIN.
! Mr.. Thurston moved the two reports b.
| accepted and laid on the table, and mad
special order for Thursday afternoon. Inn
portant principles were involved in thi
matter and it was right that the member
should be given some time to digest tn
two reports so as they could speak intelli
! gently.
Mr.. Keau said the question at issu
| seemed to be between the two committees
| The matter might just as well be consld
cred now He moved that it be mad
| special order for this afternoon.
On the question being put Mr.. Thurs
tons motion was carried.
ELECTION OF HON. J. x. NAHALE.
Mr.. Kaulukou said that on the previou
day the members had asked for an Englisl
translation of the report of the Judiciar,
! Committee on the election of the Hon.
K. Nahale He would state that it wa
now ready.
The Interpreter then read the transla
ton.
Mr.. Castle moved the report of the com
mittee be laid on the table and considers
on Tuesday afternoon with the other re
port.
His ExceIlency the Attorney Genera
moved that the report be taken from tn
table and adopted
Mr.. Dole said that there was no wonde
! there was an intention to get rid of this re
port before the other report relating to tn
Kaanapali election was considered. Thi
report ought not to be adopted. The Al
| torney General and Mr.. Kaulukou repre-
! sent a great majority in the House, and n
matter what happened on Tuesday after
noon they could adopt the report, as the
can carry anything with force of number:
! To save time he would move the previOu
question.
This motion was lost.
His Excellency the Attorney Gener;
said he would like to know where Nj
! Dole got his information that he cOntrolle
a majority of the members or that tn
House belonged to him. He denied tn
truth of such statements. If the repol
had not been agreed to by all the member
the motion to defer it would have bee
proper. Mr.. Dole ought to know that on
report does not depend on the other. Thel
was no occasion to postpone matte
when a committee was unanimous.
Mr.. Kaulukou moved the previous que!
ton Carried.
The motion to adopt the report of tn
committee was then put and carried.
LICENSE TO CARRY ARMS.
His Excellency the Attorney Gener'
presented a report from special commi
tee having in charge bill to amend sectio
l. chapter 20, of the Session Laws of 1871
relating to licenses for carrying fowlin
nieces ond other fire arms. The cOmmitte
substitute a new bill which they recon
! mend the House to pass.