The Hawaiian gazette., 1890-04-15

uuCe the SAID faoa TO enue3Vor 10 pro-
cure the election of himself the said Par
kuli to the Legislature.
The sixth ground alleged is that res
pondent failed to furnish sworn state
ment OF his expenses, etc.
Section IS of the Act gives in detail
the circumstances under which the seat
seat of an elective member shall become
vacant-they are % death, (2l resigna-
ton, tS) conviction of offenses which
render 4 person ineligible to election,
I4l by his being convicted of a violation
OF any of the provisions of this Act, 90
by falling below any of the requirements
necessary for an elective member of the
Legislature, (6) by reason of any bribery.
fraud, miscarriage or default of such
member or his agent, whereby his cleo
ton might be initiated, (7) by reason OF
the election of another TO his seat and
(S) gross misconduct or neglect of busl-
ness for which he was elected, unex-
cuSed absence from the daily meetings
of the Legi slature-whereof the Legisla-
ture alone shall judge.
The next Section, IS, prescribes that
the Legislature may take notice of any
vacancy or alleged vacancy (meaning
the vacancies caused by the circum-
stances mentioned in Section 49, and
proceed accordingly with or without
petition and may declare the seat vacant
and order new election.
Section IS says that Sin addition TO
the methods hereinbefore set forth for
vacating any seat in the Legislature"
Justice Of the Supreme Court with the
right OF appeal may entertain petition
10 vacate an election or declare q seat
vacant for any cause or causes: and as
Section 81 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 eighth
ground which the Legislature alone has
the Jurisdiction of. Neither OF these
tribunals can try and sentence q men,
Der to fine and Imprisonment for Ellie
gall 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 a competent Court is one OF
the grounds upon which either the Leg
islature or the Supreme Court may de-
clare seat vacant.
The respondent, Pal iui, has been
tried in the Police Court of Honolulu on
charges of illegal and corrupt prac-
tees 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. Ii
he is convicted certain penalties are WIS.,
tied upon him, and among them his seat
is vacated and the Legislature may so
declare it. If he shall be acquitted how
can l declare his seat vacant or yacate
his election on these grounds?
The statute does not give concurrent
jurisdiction to q 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 yacat-
ing the seat of an elected member OF the
Legislature the various offenseS denom-
mated ''illegal and corrupt practices"
A conviction thereof By competent
Court is cause upon which / should be
authorized to yacate an 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 q member
when, at the same time, upon the same
evidence Police or District Justice, or
jury, finds him not guilty. doubt if the
Legislature ever contemplated any such
remarkable iuxtaposition of events as
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 l decline to entertain
jurisdiction of charges 8, 4, 3 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, ]. n. Paikui, is invalid and
his seat as a Representative for the Dis
tTict of Koolau is vacated.
A. f. JUDD,
Chief Justice Supreme Court.
Honolulu, April S, 1890.