The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-10-12


Fraud. as the same is now or hereafter
may be defined by law, or Of violation
of any of the provisions OF the said Rules
and Regulations which, by the provisions
hereof or by law, entail a forfeiture Of
such seat or,
Be guilty Of gross misconduct or neg
lect of the duty for which he was elected,
or of continued unexcused absence from
the meetings of the Legislature, whereof
the Legislature alone shall judge or,
Shall fail to possess or comply with
any of the requirements necessary for an
elective member of the Legislature OF,
II any agent or assistant or member OF
a committee having charge of or assist
ing in the election of any such member
shall be convicted of an Election Fraud
connected with the election of such
member, as the same is now or hereafter
may be defined by law; provided such
fraud has been perpetrated with the
knowledge or connivance of the can
didate.
CONTESTED ELECTIONS. PROCEEDINGS.
SECTION S. Any candidate directly in
terested, or any thirty duly qualified
voters of any election district, may file a
petition in the Supreme Court, setting
forth any cause or causes why an election
shall be declared void, or 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 connection
with any election, it shall be filed in the
office of the Clerk of the Court within
thirty days following the election pro-
posed TO be contested. Each petition
shall be accompanied by a deposit of
such costs as may be prescribed by the
Court
NOTICE OF CONTEST.
SECTION 9. A notice of not less than
fourteen days shall be given to the In
spectors of the Election District in which
such contest Is made, and to the candi-
date who shall have been returned or
whose seat is contested, and to any others
whose rights or interests are particularly
affected, who shall be designated by the
Court.
Besides such notice, written or print
ed notice of the time and place of hear
ing such contest shall be posted in the
District, in some public and frequented
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
a seat in the Legislature, shall be heard
by the Court as soon as reasonably may
be, whether in term time or in vacation.
at such time or times, place or places as
the Court may direct
SECTION - At the hearing the Court
shall cause the evidence to be reduced to
writing in full OF sufficiently to ascertain
all of the facts involved, and shall there
upon give judgment, stating all findings
of fact and the law thereupon, which
shall then be transmitted in full to the
Minister of Interior. If such finding
shall be that the election was invalid, or
the seat vacant, a new election shall at
once be ordered by said Minister.
CosTs.
SECTION 13 Such award as to costs
in such proceedings shall be made as the
Court shall determine Costs shall be
the same as in trials in the Circuit
Court in Chambers.
DECISION FINAL.
SECTION A. The decision of the Court |
concerning any question properly in
volved in any such petition shall be final
and binding upon all parties.
RULES OF PROCEDURE.
SECTION 10. The course of proceedings
shall be subject to the Rules of the Su-
preme Court. The Court may make such |
special rules concerning contested cleo
ton cases and petitions to vacate a seat |
in the Legislature as it may find neces-
sary or proper.
The Court shall have Ike powers as in
trials at a regular term Of the Court,
compelling the attendance of
witnesses, punishment, contempts and
all other matters pertaining to such
hearing.
SECTION 16. Every record made in
pursuance of law by Board of Registra-
ton of Voters, or a Board of Inspectors
of Election, shall be prima facie evidence
If tho facts fbarain saf forth and sbaII /