The Hawaiian gazette., 1890-04-15
THE KO0LAU ELECTION.
Chief Justice Judd Files a Decision
in the Matter.
]. y. Paikuli's Election Declared In
valid. and His Seat a. Repre-
sentative for the District
i Vacated

Islands. II Chambers. In the matter
OF the contested election OF J. \. Paikuh.
Before Chief Justice Judd Hearings
March 18th and Goth, 1890
FINDINGS AND OPINIONS or THE COURT.
find the following facts in this case:
A sworn petition signed by J. II. Bar
enaba, K NJ. Makahalupa, William
Henry, KaiEwai, J. \. Kaailua, David
Watson, Kamalalo, Lono, D. Lena, Kia,
A Ku. i. Kama, and Keoho, residents
Of Koolaupoko, Oahu, persons who voted
and were entitled TO vote Tor representa-
tive 10 the Legislature from the Sixth
Election District, in the Island Of Oahu,
70 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 1870. Sufficient costs were
deposited by the petitioners; the petition
was addressed to me and set out causes
why the election Of J. \. Paikuli. the re-
preventative who received 3 certificate Of
election a. representative for the said
District Of Koolau from the Inspectors OF
Election oi said district, should be va
Gated and the seat Of the said representa-
tive declared vacant. l set and appointed
Tuesday the 18th day OF March, 1890, at
10 A. NJ n Chambers IN the Court room
OF the supreme Court in Honolulu, as the
time and place Tor hearing said petition,
and caused notice OF the same 10 be given
% the INSPECTORS Of Election for the koo-
lzu district. and 10 J. y. Paikuh the can
diiafe who was returned As elected as
representative Tor said district, by the
marshal serving $ copy Of the petition
upon NJ Rose. Esq. chairman OF the
said Inspectors and upon the said J \.
PSikuli. and : summons 10 appear At the
time ana place aforesaid and show cause
why the PRAYER OF the said petition should
not be granted. and besides such nstices
l also ordered the marshal 70 publish for
three successive weeks IN the huoko2,
s newspaper circulating in said district,
j notice Of the hearing OF the said peti-
ton. calling upon all persons whose
rights o. interests might be affected TO
appear a. the said hearing and show
cause why the said petition should not
h.s granted which was done accordingly
- appears bv the return and affidavit OF
the marshal now on file in this case. At
the time and place Of the hearing on the
18th March, VI Rose, James 0lds and
Asa haulia. the Inspectors OF Election
for the ho0lau district, appeared, but
filed 10 answer; also appeared ] \.
Paikuh. whose election as representative
wss contested by said petition, and filed
his answer. being represented by counsel
Hon. A Rosa and s X. Kane, Esq
Copies OF the said petition and answer
marked respectively a. and ''B" are
hereto annexed. The petitioners were
represented by counsel, W. r. and H. \.
Castle Testimony was taken on behalf
OF the petitioners and the respondent J.
y Paikuli, on the 18th and Goth March,
which evidence was fully reported by the
stenographer Of the Supreme Court and
reduced TO writing and Is annexed hereto
n exhibit marked &C =
II was proved before me that 25S votes
were cast II the said election in the
koOlau district, Of which $50 were for
said } . y Paikui, respondent, and lbs
were for one J /. haulukou, and the
respondent then being elected by ma
jOrity OF two votes, the Inspectors duly
declared the said J \. Paikuli elected
represen. alive for the koolau district and
caused the said result TO be forwarded TO
the Minister OF Interior and thereafter
delivered 3 certificate OF election TO the
sid J \. Paikui and senta copy thereof
% the Minister Of the Interior.
! find established as facts in this case
that one Kaul Of Waim2nAlo, Oahu,
native born Hawaiian, born since the
wear $40. being about > years old, voted
l.. Il : -
representative Of said district; that the
said Kauli had not voted st the first
election held in ISS7 under the present
Constitution, and that be presented him
self before the Inspectors Of Election at
their session 10 register voters, held on
the 18th January, 1890, and desired TO
be registed IS 5 voter for representative
that after some examination by the said
Inspectors they considered him qualified
and entered his name as 3 voter for re-
preventative Of said district, he then and
there taking the oath 10 support the Con-
stltution: that the said kaui was, at the
several times when he qualified as
voter and cast his vote for representa-
tive. not able 10 read and write the Ha-
wzIian, English, or some European lang
uage. although ne was able, with diff
cultv. hesitation and often making mis-
takes. 10 spell out short words and
pronounce them. and although he was
able TO write his own name and 70 write
easy words from copy or dictation, the
said haui WAS produced as witness
before me II the said nearing and being
sworn, said among other things, that he
could not read nor write except that he
could write his own name; that he had
never written q letter 10 any one
nor read q newspaper. 1 find, as mat
ter OF law, that the legal requisite in q
voter OF the ability to & read, . means the
ability to read printed or written text
with reasonable iuency and so as to COM
prehend the meaning, and the ability to
q write y Is the ability to express ones
thoughts in writing leglble 10 others
The said Kaui was able spell out with
difficulty and pronounce the candidates
names iron the ballots, but l do not
think the law intends that this rudi-
mentary knowledge is sufficient l,there-
fore, find that Kauli Aforesaid was not
entitled to vote. and that his vote was