The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-10-11

shall be convicted of an Election Fraud |
connected with the election Of such |
member, as the same is now or here. |
after may be defined by law; provided |
such fraud has been perpetrated with |
the knowledge or connivance of the |
candidate.
CONTESTED ELECTIONS. PRO. |
CEEDINGS.
Section 8. Any candidate directly
interested, or any thirty duly qualified
voters of any election district, may file
petition in the Supreme Court, setting
forth any cause or causes why an cleo
ton shall be declared void or a seat in
the Legislature vacant, or the decision
of any Board of Inspectors, or of the
Marshal or any Sheriff, reversed or
changed.
If such petition shall be based upon
any act alleged to have been done. or
omitted to have been done, in connec.
ton with any election, it shall be filed
in the Office of the Clerk of the Court
within thirty days following the cleo.
ton proposed to be contested. Each
petition shall be accompanied by de-
post of such costs as may be prescribed
by the Court.
NOTICE OF CONTEST.
Section 3. A notice of not less than
fourteen days shall be gwen to the In.
spectors of the Election District in
which such contest is made, and to the
candidate who shall have been returned
or whose seat is contested, and to any
others whose rights or interests are par
ticularly affected, who shall be designat-
ed by the Court.
Besides such notice, written or
printed notice OF the time and place Of
hearing such contest shall be posted in
the District, in some public and ire
quented place, or published in some
newspaper circulated in the District,
for not less than ten days prior to such
hearing.
EVIDENCE OF VOTER.
Section 10. No person who has voted
at any election shall, in any legal pro-
ceeding, be required to state for whom
} he voted.
HEARING OF ELECTION CONTEST.
Section IL. All petitions contesting
the validity of any election, or to vacate
seat in the Legislature, shall be heard
by the Court as soon as reasonably may
be, whether in term time or in vaca-
ton, at such time or times, place or
places as the Court may direct.
, Section 12. At the hearing the
f Court shall cause the evidence to be
e reduced to writing in full or sufficiently
to ascertain all of the facts involved
and shall thereupon give judgement,
stating all findings of fact and the law
thereupon, which shall then be trans.
3 mitted in full to the Minister of In.
terror. II such finding shall be that the
- election was invalid, or the seat vacant,
new election shall at once be ordered
, by said Minister.
, COSTS.
Section 10. Such award as to costs
: in such proceedings shall be made az
the Court shall determine. Costs shall
s be the same as in trials in the Circuit
d Court i'll Chambers.
DECISION FINAL.
Section Ia. The decision of the courl
, concerning any question properly invol.
we'd in any such petition shall be fina
f and binding upon all parties.
r RULES OF PROCEDURE.
Section 10. The course of proceedings
shall be subject to the rules of the
Supreme Court. The court may make
such special rules concerning contested
election cases and petitions to vacate ;
y seat in the legislature, as it may fine
: necessary or proper.
!, The court shall nave like powers as il
trials of regular term of the court
= concerning compelling the attendance o.
witnesses, furnishing contempts and al
J. other matters pertaining to such hearing
= Section 10. Every record made il
pursuance of law by Board of Regis
tration of Voters, or a Board of Inspect
= ors of Election. shall be prima facit
:, evidence of the facts therein set forth
and shall be received as such in an,
:, court or tribunal in which the same i
offered as evidence.
Approved this 4th day of October
s A. ID. 1894.
n (Signed SANFORD B. DOLE,
If President of the Republic of Hawaii
e j. A. KING,