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

7oter Mahoe, and on the inspectors De,
ng satisfied that no fraud was intended
" the voter, they gave him his ballots
pack and allowed him to retire and to
come to the polls again and vote.
1t is quite possible that the voter Ma
hoe did not intend to fraudulently de- |
post two ballots He stated to the in
spectors. on being asked, that the ballots
had been given to him by one Kailaa. a
runner or agent of the candidate j. N.
Paikuli, and it may be that they were
shipped in together when handed to him.
He was not examined as witness before
me. The inspectors as have said
thought that the voter did not intend
any fraud, and therefore did not fasten
the ballots together and mark them
+" Double ballot rejected" with the name
OF the voter offering the same as re-
Quired by the statute, but treated it as
mere mistake and allowed the voter to
vote later.
u find as a matter of law that the vote
of Mahoe should have been rejected as a
double vote. The law is explicit: that
Z" if it appear that more than one ballot
is embodied " i. shall be
marked rejected" l think the in
spectors are not authorized to examine
the voter and satisfy themselves whether
fraud is intended. The law allows but
one vote to each voter for Representa-
tive, and the Offering by voter OF what
appears by an inspection OF the ends OF
the paper to be more than one ballot,
makes it imperative upon the chairman
to announce the fact, and he must then
proceed to open the folds sufficiently to
settle the question beyond dispute. Ii
two ballots are found EMBODIED, the voter
is not allowed to select one OF them and
cast it, but the law prescribes that his
vote shall be rejected. The voter loses
his vote without reference to whether he
intended fraud or not. If fraud was in
fact intended by the presenting of two
ballots, separately folded as required by
the statute, and one then slipped into
the last fold of the other, SO as to appear
as but one ballot, on the fact being dis
covered by the chairman of the inspec-
tors, the voter would undoubtedly say
that no fraud was intended. But If on
hasty or imperfect inspection Of the ends
of the ballot presented, the fact Of two
ballots being embodied should escape the
notice of the chairman and it be de-
| posted in the box, the voter would then
have cast one more vote than the law al
| lows him to, and fraud would be in
| fact perpetrated. It is to be noticed that
| the statute does not say that vote is to
| be rejected when more than one ballot is
| EMBODIED in such way as to indicate
that they were fraudulently intended to
be deposited as the one vote allowed by
the law to one voter The bare fact that
two are embodied, authorizes the rejec-
ton. 1t is conclusive ground for rejec-
ton. The law is otherwise as regards
the counting of votes. Here if two or
more ballots are folded together in such
manner as to indicate that they were de-
posted together and fraudulently," such
ballot must be rejected.
This more liberal provision is evident
! ly in order that no ballot shall be re.
| iected because it has become in some
way slipped into another without any
| fraudulent intent on the voters part,
after it has been deposited in the box.
1 know of no provision of the statute
by which, when a voter has once pre-
scented his vote, he may be allowed to
withdraw and come again to the polls
and vote. The statute says that in all
cases." whether rejected or not, the vote
"must be returned to the chairman"
I find, therefore, that the vote of Ma
hoe was Improperly received whereas il
should have been rejected. If the above
named Kauli and Mahoe, whose votes
have found should have been rejected
| voted for MIR. Paikuli, there were counted
for him two more votes than he was en-.
titled to have. Deducting these two
votes from the total of 100 that he re-
ceived, it would make his votes 1913, the
same number cast for Mr.. Kaulukou, i
e., tie. If Kauli's and Mahoe's votes
had been rejected by the inspectors there
would have been an equality OF votes be-
tween the two candidates and in that
case the statute obliges the chairman te
give casting vote.
Therefore I find and adjudge thai
there were two votes cast at the election
in question contrary to the provisions O
law and that they affected the result anC
consequently I adjudge the election
aforesaid to be invalid and declare the
seat of Mr.. Paikuli as Representative fol-
the District of Koolau to be vacant.
During the progress of this investiga
ton my attention was called to matter
not alleged in the petition to wit: thai
all of Mr. Paikuli's ballots were folded
parallel with the lines of printed matter
on them, and all of Mr.. Kaulukou's
were folded at right angles to the lines
A partial opening of one leaf of the
folded ballot would identity it to any ont
who knew the method of folding. There
is nothing in the statute prescribing
whether the ballot should be folded ir
one method or the other. But the sta
tute requires the rejection of all ballots
"folded contrary to the directions of the
statute and such folding be for the evil
| dent nnrp0se of Identification Ton, =,
the opinion that the ballots of one op
posing candidate were folded differently
from the other for the purpose of identi
fication, but cannot say that either sci
OF ballots should be rejected as not being
in accordance with the statute.
The third cause alleged in the peti
ton for vacating the election in question
is, that said candidate PaikuG wal
guilty of an "illegal practice" under al
act entitled an act to amend and conso
lidate the election laws of the Kingdom
approved the 10th day of September A
u. 1888, by engaging and hiring others
as runners and canvassers to promote
his election or by agreeing to pay others
for such service.
The fourth cause alleged is that said
candidate Paikuli was guilty of corrup,
practice and of bribing under the said
act by giving one F. r. Kahao, a duly
qualified elector at said election for rep
resentative for said district, the sum o.
i've dollars contrary to law in order te
induce said elector to endeavor to pro
cure the election of himself the said Pal.
kuli and to procure the vote of said cleo
tor at said election.
The fifth cause alleged is that said J