The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-01-06

were entitled to vote in the district may file petition
addressed to the Chief Justice of the Supreme Court
setting forth any cause causes why election shall
be vacated seat be declared vacant Such petition
shall be filed in the Office of the Clerk of the Supreme
Court within thirty days following an election, and
prior to the hearing thereon the Clerk shall receive
deposit of such costs may be necessary in the
The hearing may be had before any Justice of the
Supreme Court and shall be held in the Judicial Circuit
wherein the election is disputed Provided however
that the Supreme Court shall have jurisdiction
any such during the session of the Legislature.
PROCEEDINGS.
SECTION S. 4 notice of not less than fourteen days
shall be given to the Inspectors of such election may
be contested and to the candidate who shall have been
returned whose seat contested and any others
whose rights interests particularly affected who
shall be designated by the Chief Justice of the Supreme
Court. Besides such notice written printed notice
shall be likewise posted in the district published in
newspaper circulating in the district for not less
than ten days prior to such hearing.
SECTION So No person who has voted at any election
shall in any legal proceeding be required to state for
whom he has voted
SECTION go At the hearing the Justice shall cause
the evidence to be reduced to writing in full, suf
cently to ascertain all of the facts involved and shall
fact and the law thereupon which shall then be trans
mitted in full to the Minister of the Interior provided
appeal shall be taken If such finding shall be that
the election invalid and the seat therefore vacant
election shall at once be ordered by the said
Minister.
COSTS AND APPEAL.
SECTION 81 Such award as to costs in such proceed
ings shall be made the Court hearing the case shall
determine Costs shall be the in trials in the
Supreme Court in Chambers. The decision in all res
poets shall be subject appeal to the Supreme Court
in BancO, which shall without delay hear such appeal
and render decision thereon and such decision shall
be transmitted to the Minister of the Interior If such
finding shall be that the election was invalid, and the
seat therefore vacant election shall at be
ordered by the said Minister.
SECTION 49, In case either the Supreme Court or
the Legislature SHALL by final conclusion of Judgment
declare vacant the seat of any member such conclusion
Judgment shall be final and binding upon all parties
SECTION 49, The course of proceedings shall be as at
Chambers of the Supreme Court, and subject to the
rules of the Supreme Court the Justice shall have like
powers in trials regular term of the Court to
the compelling the attendance of witnesses Furnishing
contempts and in all other matters pertaining to such
hearing.
SECTION 81 The following compensatons shall be
paid by the Minister of the Interior out of such appro
priaons may be made by the Legislature for election
purposes unless otherwise specially provided for:
l. The Electoral Registrar, the Inspectors of Elec-
ton and the clerks of Election shall receive five dollars
for each day of service;
2 The Special Police to preserve peace at election
shall receive three dollars for each day of service
g. The necessary expenses of the officers and In
spectors of Election, which shall be regulated and
limited by the Minister.
JURISDICTION TO TRY oFFENsEs.
SECTION So Any ofense constituting a corrupt
practice shall be tried only upon Indictment Juris-
diction is hereby conferred upon Police and District
Magistrates to hear and determine all oenses consti
tuting illegal practice" ofenses of public officers"
and "misdemeanors" under this Act, subject to the
right of appeal allowed by law. Any person trial
for any oense by this Act specified may be found guilty
of lesser ofense of the nature, defined by