The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-04-09
THE KOOLAU ELECTION.
Chief Justice Judd Files a Decision
in the Matter.
j. n. Paikuli's Election Declared In
valid, and His Seat as Repre-
sentative for the District
is Vacated.

In the Supreme Court of the Hawaiian |
Islands, at Chambers. In the matter |
of the contested election of ]. N. Paikuli.
Before Chief Justice Judd. Hearings
March 25th and Goth, 1890.
FINDINGS AND OPINIONS OF THE COURT.
find the following facts in this case
A sworn petition signed by J. H. Bar
enaba, R. NJ. Makahalupa, William
Henry, Kailiwai, J. N. Kaailua, David
Watson, Kamalalo, Lono, D. Lena, Kia,
A. Ku, D. Kama, and Keoho, residents
of Koolaupoko, Oahu, persons who voted
and were entitled to vote for representa-
tive to the Legislature from the Sixth
Election District, in the Island of Oahu,
to wit, the Koolau district, was filed in
the office OF the Clerk Of the Supreme
Court on the 4th day of March, 1890,
within thirty days following the general
election of 1890. Sufficient costs were
deposited by the petitioners; the petition
was ADDRESSED to me and set out causes
why the election of j. N. Paikuli, the re-
preventative who received a certificate of
election as representative for the said
District of Koolau from the Inspectors of
Election of said district, should be va
Gated and the seat of the said representa-
tive declared vacant. Iset and appointed
Tuesday the 25th day of March, 1890, at
10 A. NJ. at Chambers in the Court room
of the Supreme Court in Honolulu, as the
time and place for hearing said petition,
| and caused notice of the same to be given
! to the Inspectors of Election for the Koo-
| lau district, and to J. N. Paikuli the can
didate who was returned as elected as
representative for said district, by the
marshal serving copy of the petition
upon NJ Rose. Esq, chairman of the
said Inspectors and upon the said j. n.
| Paikuli, and summons to appear at the
time and place aforesaid and show cause
why the prayer of the said petition should
not be granted, and besides such notices
I also ordered the marshal to publish for
three successive weeks in the KuOkoa,
a newspaper circulating in said district,
notice of the hearing of the said petit
ton, calling upon all persons whose
rights or interests might be affected to
appear at the said hearing and show
|
be granted; which was done accordingly
as appears by the return and affidavit OF
the marshal now on file in this case. AT
the time and place of the hearing on the
25th March, M. Rose, James Odds and
Asa Kaulia, the Inspectors of Election
| for the Koolau district, appeared, but
filed no answer; also appeared j. N.
Paikuli, whose election as representative
was contested by said petition, and filed
his answer, being represented by counsel
Hon. A. Rosa and S. K. Kane, Esq
Copies of the said petition and answer
marked respectively ga" and "B" are
hereto annexed. The petitioners were
represented by counsel, w. r. and H. N.
| Castle Testimony was taken on behalf
! of the petitioners and the respondent j.
| N Paikuli, on the 25th and Goth March
which evidence was fully reported by the
stenographer of the Supreme Court and
reduced to writing and is annexed hereto
in exhibit marked &C."
It was proved before me that 258 votes
were cast at the said election in the
Koolau district, of which 100 were fol
said j. N. Paikuli, respondent, and 12s
were for one J. L. Kaulukou, and the
respondent then being elected by ma
jority of two votes, the Inspectors duly
declared the said j. N. Paikuli elected
representative for the Koolau district ano
caused the said result to be forwarded t.
the Minister of Interior and thereafter
delivered certificate of election to the
said ]. N. Paikuli and sent a copy Thereof
to the Minister of the Interior.
find established as facts in this case
that one Kauli of Waimanalo, Oahu,
native born Hawaiian, born since thu
year 1910, being about 25 years old, voted
at said election in the Koolau district fol-
representative of said district; that thu
said Kauli had not voted at the frs
election held in 1887 under the presen
Constitution, and that he presented him
self before the Inspectors OF Election a
their session to register voters, held OF
the 28th January, 1890, and desired tt
be registed as voter for representative
that after some examination by the sait
Inspectors they considered him qualified
and entered his name as voter for re
preventative of said district, he then ant
there taking the oath to support the Con
} stitution; that the said Kauli was, at thu
several times when he qualified as
voter and cast his vote for representa-
tive, not able to read and write the Ha
waiian, English, or some European lang
uage, although he was able, with diff
Guilty, hesitation and often making mis-
takes, to spell out short words ant
pronounce them, and although he wa
able to write his own name and to writ,
easy words from copy or dictation, thu
!; said Kauli was produced as witness
before me at the said hearing and being
sworn, said among other things, that hi
could not read nor write except that hi
could write his own name; that he ha(
never written letter to any one
nor read newspaper. find, as mat
ter of law, that the legal requisite in q
voter of the ability to " read, means thu
ability to read printed or written tex
with reasonable f1uency and so as to com
prehend the meaning, and the ability tt
write " is the ability to express ones
thoughts in writing legible to others
The said Kauli was able spell out with
difficulty and pronounce the candidates
names from the ballots, but do no
think the law intends that this rudi
mentary knowledge is sufficient. I,there
fore, find that Kauli aforesaid was moi
entitled to vote, and that his vote was
Improperly received by the inspectors
and should have been rejected.
one Mahoe OF Waikane, Koolau district
aforesaid, duly qualified voter, being
an elderly Hawaiian, he stating his age
to be 101 years, voted at the said election
for Representative. He came to the
polling place and presented to the chair
man OF the inspectors two ballots which
appeared as one. They had been each
folded separately twice, first across the