The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-03-31

Hawaiian voters were prejudiced in
the exercise of their franchise, or i'm
peded in their voting by reason of the |
Hawaiian words expressing in the |
Hawaiian language what had been /
printed in English on the ballots, not |
having been printed on the ballots, or |
the absence of the Hawaiian equiva- |
lent for the name of Henry Water |
house, there is not one iOta of evil |
dence on these questions. 1t is not
shown in any way that one of these
petitioners or any other voter desired
to vote for Mr.. Waterhouse, or failed
to find the names of those they wished
to vote for on the printed ballot.
AS to the question as to whether the
words "Hanele Walakahauki'' were
interlined in the request before or
after it was filed by Mr.. Waterhouse,
the said request being from forty-five
voters for Mobiles, that he, Mr.. Water
house, would consent to be one of the
candidates for Noble for six years for
the Island of Oahu, or whether a for
NAL request was made by Mr.. Water
house to have these words printed on
the ballot, the evidence is very con-
fiicting, and it can only be accounted
for from the fact that all were very
busy at the time in preparing for the
election, and that their memory has
failed them as to some of the minor
facts, which might explain the con-
f1ict in the testimony. In fact, all the
witnesses who testified on this ques-
ton were uncertain on many points
in their evidence. 1t cannot be said
that any of these witnesses knowingly
or wilfully testified to what was not
true. The fact nevertheless remains
that the words "Hanele Walaka-
hauki" were not in the ballot.
Under date of January 10Th, 1892,
| the Justices of the Supreme Court an
swered several questions submitted to
them by Her Majesty's Cabinet, one
being the question of inserting the
| Hawaiian name of the candidate in
the ballot The Justices say in their
reply:
"Under Sections 80 and So of the
Election Law it will be competent for
| the Minister of the Interior in having
| the ballots printed for use, to insert
in addition to the foreign name of any
candidate, the Hawaiian version or
name of such candidate. Such para
phrase or alias is the candidates
name as he is known by large part
of the voting community, and is not
q word motto, device, sign or SYM
boP which are forbidden by the law
to be on the ballot. The candidates
name may be printed in the form sug-
gested in your letter, i.e., John Smith
(KeOni Kamika).n
This opinion does not make it neces
sary to insert the Hawaiian name or
alias of the candidate, but simply
holds that it would not be violation
of the statute to do so for the reasons
given.
Sections 55 and 56 of the Act read as
follows:
"Section SO. The election shall be
by ballot only. A ballot is written OF
printed, or partly written and partly
printed paper, containing the names
of all persons to be voted for. Every
ballot printed in accordance with the
provisions of this Act shall contain
the names of all candidates whose
nominations for any office specified il.
the ballot have been duly made, and
shall contain no other names.n
"Section Sc. The ballot for Repre-.
Sentatives shall be of white paper and
the ballot for Mobiles of blue paper
Specimen ballots shall be OF red OIL
green paper. The paper shall be o.
uniform weight, thickness, and of the
same sizing color. 1t shall bear nc
word, motto, device, sign or symbo
other than allowed by this Section
and shall be so printed that the type
shall not show trace on the back
: Besides the name or names to b(
voted for, it shall contain nothing ex
cepting the words Election for thu
year - the name of the Office
and the name of the division TO
Mobiles or district for Representatives
And in the case of q special election
it may alsc,contain the words specify
ing the term of the office and also tn,
words Special Election"
: The question is, does the absence 0
the words " Hanele Valakahauki,'
which certainly could not be claimed
tc be a Hawaiian translation of tn,
name neh-y Waterhouse, invalidat,
= the whole ballot? L think not. 1
, contained the name of Henry Water
house, and that gentleman says tina
is his name. A man has one name
l which should be the name given t.
him by his parents he may hav
1 any number of nicknames or aliases
but none of them is his proper name
l It may have been disadvantage t.
3 Mr.. Waterhouse to have this nativ
. name left out, whether it was by hi
3 own or others neglect is not the ques
ton. The only question that l ca
Q consider is, has the law been complies
$ with by only inserting the name c
i Henry Waterhouse ? [ hold it has
and in that respect the ballot is
: good one.
d The next question is, does the sta
g tute require that the ballot shall cor
q tain in the Hawaiian as we'll as in tn
d English language all the words whic
: it is required to contain?
# The Act itself, after it is passed b
e the Legislature, is sent to the Sovel
|, eign for approval and signature.
o the bill be approved and signed b
= the Sovereign it becomes a law; an
If if it fails to receive the approval an
signature, the Constitution provide
: how it may become law. See Al
e ticle As of the Constitution. The la,
s. is then published in the newspaper
e by the Minister of the Interior,
i whose department it has been d.
posted and preserved; this gives til
IS law effect in ten days after the pul
n LEGATION on Oahu, and thirty days o
IS each of the other islands, unless othe
e wise specially provided in the Ac
r Chapter Compiled Laws. After til
e close of the Legislature, all Law
/, passed at that session are publishe
y in book form by the Government,
!. English and Hawaiian versions--or
l. is translation of the other.
e Section 1893, Compiled Law, prc
a vides: If at any time radios
e and irreconcilable difference shall |