The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-04-09

member or his agent, whereby ms eleo
ton might be vitiated, Cd by reasoii =,
the election of another to his seat anu
ISl GROSS misconduct or neglect OF DUST
ness for which he was elected, uneA-
cused absence from the d:i'y mee'ingo
of the egislature-whereOf the - ei'i"
ture alone shall judge. 49,.
The next Section, rs, prescriDes 'haI
the Legislature may take notlce VI Guy
vacancy or alleged vacancy (meanlhs
the vacancies caused by the clrcum
stances mentioned in Section 7o) ana
proceed accordingly with or "lthou.
petition and may declare the seat VACANT
and order a new election.
Section 70 says that Sin addition 10
the methods hereinbefore set 1orth ioi
vacating any seat in the Legislature
Justice of the Supreme Court with the
right of appeal may entertain peti'ion
to yacate an election or declare seat
vacant for any cause or causes a'ia rs
Section 50 of the Act declares that The
Judgment of either the Legislature or
Supreme Court if adverse to the mem
Der" shall be final and binding upon all
parties, but not so if the judgment be IN
| favor of the member, think it follows
that both tribunals have concurrent
| Jurisdiction except upon the elgntn
ground which the Legislature alone has
the jurisdiction of. Neither OF these
tribunals can try and sentence mem
Der to fine and imprisonment for lille
gal'' or corrupt practices. This can
only be-done by the Court before whom
the criminal charge is made and by
whom the conviction is had.
The "conviction" of member already
obtained in competent Court is one OF
the grounds upon which either the Leg
islature or the Supreme Court may de-
clare a seat vacant.
The respondent, Pal .uli, has been
tried in the Police Court OF Honolulu on
charges of "illegal" and corrupt prac-
tices," precisely similar to those alleged
as causes 8, 4, and 6, in the petition
before me and these cases on appeal are
now pending in the Supreme Court. If
he is convicted certain penalties are Wis
tied upon him, and among them his seat
is vacated and the Legislature may SO
declare it. II he shall be acquitted how
can declare his seat vacant or vacate
his election on these grounds?
The statute does not give concurrent
jurisdiction to Justice of the Supreme
Court, with the District or Police Court
to try an elected member for 'illegal" or
corrupt practices" l am thus led to
the opinion that have under this statute
no Jurisdiction to try and determine as
grounds for vacating an election or vacat-
ing the seat of an elected member OF the
Legislature the various ofenses demon
mated ''illegal and corrupt practices"
A conviction thereof by competent
Court is cause upon which l should be
authorized to vacate ali election. This
conclusion will relieve the Justices OF the
Supreme Court trying contested cleo
ton, from being placed in the antagonis.
tic position to which he might come, Of
finding the charges of ''illegal or corrupt
practices" proven against member
when, at the same time, upon the same
evidence Police or District Justice, or a
jury, finds him not guilty. doubt if the
Legislature ever contemplated any such
remarkable juxtaposition of events as d
person acquitted of criminal charge by
jury of the country, and at the same
time the penalty of losing his seat in the
Legislature visited upon him as being
found guilty by the Court of the same
, criminal charge.
For these reasons decline to entertain
, jurisdiction of charges 3, 4, and 6, Of
the petition.
My judgment is, as above set forth
, that upon the first and second causes
alleged in the petition, the election OF the
respondent, j. N. Paikuli, is invalid and
! his seat as Representative for the Dis
, trict of Koolau is vacated.
A. F. JUDD,
Chief Justice Supreme Court.
Honolulu, April 8, 1890.