The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-03-22
IN COURT.
The Oahu Noble Election Case
III Occupies the Whole of Yester-
day and Will Go On This
Morning.

The hearing of the petition o
John Ross ct al, to yacate the cleo
ton of Mobiles for the Island o
Oahu, was set for 10 AN yesterda,
in the Supreme Court, before Judg,
Bickerton.
Mr.. Hatch, making a special APP
pearance for the five elected Mobiles
moved that the Court dismiss the
petition on the ground that it haC
acquired no jurisdiction, as copies
of the petition and summons had
not been served upon the candi-
dates. The proceedings were civil,
and the defendants could not be
brought into Court unless the pro-
visions of the general law had been
conformed with The returns
showed merely service of notice
on the candidates.
Acknowledgement Whiting, for
the Inspectors of Election, took the
same ground.
Mr.. Hartwell said he supposed
the motion would be put in writing.
The Attorney-General said that
had not been done because the de-
PENDANTS had had no opportunity
to see the complaint. Up to Satur-
day it had not been returned from
the Marshal's Office.
Mr.. Hartwell said this was not
an action at law between private
parties, nor suit in equity. 1t
was a purely statutory proceeding
and dealt with important matters
of public law. The statute pro-
vided for a certain procedure, and
it had been followed. All persons,
whether members of the Legisla-
ture or not, were bound to take no.
tice of the law. They knew that
the petition had been filed and was
open to their inspection. Fourteen
days notice was required to candi-
dates and others, and had been
given. This was not case between
a defeated candidate and another
whose seat he was contesting. The
statute having been complied with,
the Court had gained jurisdiction.
Mr.. G. w. Ashford, of counsel for
plaintiffs, held that the opposing
counsel had COMPOUNDED the dis
tinction between jurisdiction over
the person and the thing. This
was an action in rem, not in per-
sonam, similar to proceedings in
plobate. 1t was unsound to sug-
gest the Court should dismiss the
proceedings on account of defect
occurring after jurisdiction of the
subject matter had been gained.
In point of fact, no defect existed.
The petitioners had no more right
s~ ask that the candidates and
spectors be brought in than they
I'D to require the presence of all
he voters. No judgment was
,.aked for against any person, nor
; ould any be rendered.
Mr.. Hatch, in reply, said the
question was not one of propriety
or courtesy, but of legal right. The
elected candidates had a personal
right and title to the office, which
was as fully secured to them by
the Constitution as any other right,
and they could only be deprived of
it by due process of law. Were
they here by due process of law?
The Judge was here not as
special tribunal created by the
statute, but as a member of the
Supreme Court, and the regular
procedure must be followed by
process and summons. The ordin-
airy law must be followed, as the
Court was not sitting as special
tribunal like the Commission of
Ways and Water Rights. A brief
examination of the statute showed
that it did not intend to set up
new method of procedure. He was
surprised at the attempt to liken
this proceeding to one in rem. The
fact that the public was interested,
did not affect the personal charac-
ter of the action. The public was
in like manner interested in every
criminal case. The action was a
personal one, and could not be
anything else.
The Court held that the pro-
ceedings were statutory. Gentle
men were not there to answer any
charge or any complaint. The
legislature had thought fit to pro-
vide that the hearing should be in
this judicial circuit before Judge
of the Supreme Court, and had put
candidates and inspectors CT cleo
ton on the same footing. Should it
be shown that the petitioners had
not complied with the statute then
their case would fail. For the
purposes of this case he would
override the motion to dismiss the
petition.
The plaintiffs excepted to the
ruling Of the Court.
The case after some sparring of
counsel finally proceeded to trial,
and the rest of the forenoon and
afternoon was occupied in the
Il I,,os,.oco &c ;Jo0fifviDcr oT6