The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-03-30


name may be printed in the form
suggested in your letter, i. e., John
Smith (Keoni Kamika)."
This opinion does not make it
necessary to insert the Hawaiian
name or alias of the candidate, but
simply holds that it would not be a
violation of the statute TO do so for
the reasons given.
Sections 50 and 90 of the Act read
as follows:
"Section 50. The election shall be
by ballot only. A ballot is written
or 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 in the ballot have been duly
made, and shall contain no other
names.
"Section sc. The ballot for Re.
representatives. shall be of white paper
and the ballot for Mobiles of blue
paper, Specimen ballots shall be of
red or green paper. The paper shall
be of uniform weight, thickness and
OF the same sizing color. 1t shall
bear no word, motto, device, sign or
symbol 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 be voted for, it shall con
tam nothing excepting the words,
ELECTION for the year -" the
name of the office and the name of
the division for Mobiles or district for
Representatives. And in the case of
special election it may also contain
the words specifying the term of the
office and also the words Special
Election.
The question Is, does the absence
of the words 'Hanele Walakahauki"
which certainly could not be claimed
TO he Hawaiian translation of the
name Henry Warehouse, invalidate
the whole ballot? | think not. 1t
contained the name of Henry Water.
house, and that gentleman says that
is his name. A man has one name
which should be the name given to
him by his parents he may have any
number of nicknames or aleases, but
rome of them are his proper name.
1t may have been a disadvantage to
Mr.. Waterhouse to have this native
name left out, whether it was by his
own or Others neglect is not the
question. The only question that L
can consider is, has the law been
complied with by only inserting the
name of Henry Waterhouse? l hold
it has, and in that respect the ballot
is good one.
The next question is, does the
statute require that the ballot shall
contain in the Hawaiian as well as in
the English language all the words
which it is required to contain!
The Act itself, after it is passed
by the Legislature, is sent 10 the
Sovereign for approval and sigma
ture. If the Bill be approved and
signed by the Sovereign it becomes
a law, and if it fails to receive the
approval and signature, the Consti-
tuition provides how 1t may become
law. See Article 49 of the Consti-
tuition. The law is then published
in the newspapers by the Minister OF
the Interior, in whose department it
has been deposited and preserved ;
this gives the law effect in ten days
after the publication on Oahu, and
thirty days on each of the other Isl
ands, unless otherwise specially
provided in the Act Chapter
Compiled Laws. After the close OF
the Legislature, all laws passed al
that Session are published in book
form by the Government, in English
and Hawaiian versions, one is s
translation of the other.
Section 1893, Compiled Law, pro
vides: "If at any time radical and
irreconcilable difference shall bt
found to exist between the English
and Hawaiian versions, the English
version shall be held binding" Ii
is natural then that where the Law
does not specially provide that any
matter shall be printed or published
in both languages Gas it does do il
our law on Divorce, Compiled Laws
Section 4, p. 435), the version tina
is held to be binding would be thu
one used, in case there should b'
any difference found TO exist in thu
two versions.
/ am free to say that this ballot
might have been printed in the Ha
waiian language only; using thu
words "Koho ana no ka makahiki'
(lS92) and the words in the Ha
waiian language specifying the nam
OF the office, the term of office, and
10 the case of the special election
} the words, "Koho Balota Kuikawa,
, or they might have deem printed il
, both languages on the same ballo
paper without there being any vic
: lation of the law one line would b
: simply a translation of the other
, and the ballot would contain nothing
| more than the law allowed, for tn