The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-03-22
OPINION OF THE COURT PER
JUDD, G. j.

The defendant was arrested by
warrant issued from the Police Court
of Honolulu, on the charge of neg
iecting and failing to furnish to the
Minister of the Interior within ten
days after the election of February
3rd, 1892, a sworn itemized state
ment of his expenses as a candidate
for election, he having been a cam
didate for election as Noble at said
election. He plead not guilty, and
after proof on the part of the prose-
cution that no sworn statement had
been furnished by defendant of his
expenses as a candidate, and that
defendant was candidate and re-
quest had been filed for him in ac-
cordance with the statute and the
fee of fifty dollars paid, he testified
in his own behalf as follows "I
have not had one cent expenses. /
paid no $50 fee as a candidate"
Cross 81 was can
didate at the election; don't know
who paid $50 for me or whether it
was paid. I had no runners and
made no contribution to campaign
fund. 1 did not spend one cent for
anything or incur any obligation in
regard to my being candidate"
This was not contradicted by any
evidence. The defendant was found
guilty and the minimum penalty of
500 fine was imposed. He appeal
ed 10 the Supreme Court in bancO
on the point of law that the charge
being the failure to furnish sworn
statement of an iteniZed account of
defendants expenses as candidate,
and the proof being that defendant
had incurred no expenses what
ever, no breach Of the law had been
committed and he should have been
acquitted.
BY THE COURT.
The object of the section (49) of
the election law is undoubtedly to
prevent the improper and illegal use
and expenditure of money in the
conduct of elections. This section
is followed by list of what are the
expenses to be legally incurred by
or for a candidate.
/. His personal expenses as a can
didate.
2. Expenses of printing and adj
vertising.
8. Cost of stationery and postage.
4. Expenses of public meetings.
5. Rent and supplies of committee
rooms not to exceed one for each
polling place.
1t would hardly be anticipated
that candidate would put into his
statement items that were clearly
for objects and purposes forbidden
by the law, and thus subject himself
to prosecution for a corrupt prac-
tice." On the other hand the denial
under oath at the trial that money
had been expended by him or on
isibehalf for illegal purposes, If
proved to be false, would subject
him to prosecution for perjury.
The manifest object of the law is
to obtain discovery of what money
has been expended by or for can
expend money for illegal purposes,
and dishonest man would hesitate
to do so, if by that means he SUBJ
jected himself to prosecution either
for "corrupt practice or for per-
jury. So, the statute has deter
rent effect. Now, in this view
there is no sense in requiring that,
in the schedule of expenses which
may be legally incurred, the item
"his personal expenses as a can
didate" should be held to include
the fee which is required by section
AZ of the Act to be deposited by
him with the Minister of the Interior
"on account of the expenses attend
ing the election, which shall be paid
into the treasury as a government
realization" This fee is tax by
which the government is partially
reimbursed for the expenses of cleo.
ton. Its payment is condition
precedent to his being permitted
&c to stand as candidate" though
he may be called candidate" fol-
election for months before the cleo
ton and during the whole CAM
paign. He is not recognized by the
law as candidate, and his name
will not be printed on the official
ballots until this fee IS paid. He
does not disburse this fee after it is
deposited. 1t is not applied parti-
cularly to the expenses of has cleo
ton. The money derived from these
fees goes into the treasury as g
realization and may exceed or be
short of the amount appropriated
for election expenses and expended
by the Minister. 1t cannot be call
ed, in the connection in which the
term is used, a "personal expense
of candidate. The law by using
the term "personal expense" il
this item intends to include sucf
OUTLAWS as are incurred by reason O
his candidature which are IN the
nature of private EXPENSES. as fo,