The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-01
THE RIGHT TO VOTE.

I'm the morning Till five In the afternoon.
The same law provides that there shall
be only three voting shelves or COM
partments In which voters may mark
their ballots.
In one of the precincts there are over
100 voters. The time provided by law
within which all of these men shall
vote is limited TO $40 minutes, or a ht-
tie more than half minute TO voter.
-Four separate ballots, containing the
names 81 All or the candidates will be
gwen to each voter The frat ballot
contains three names. and ne must put
n cross 0pposfte' one Of them.
The second ballot contains three
names. and cross must be put oppo-
site one of them.
The third ballot contains nineteen
names. and the voter must put a cross
opposite six OF them.
The fourth ballot contains eighteen
names, and he must put a cross oppo-
site six Of them.
There II nothing on the face Of the
BALLOT to indicate to which party a can
didate belongs. all OF the names being
arranged alphabetically. Even II
man IL well acquainted with the can
didates and wants to vote n straight
ticket. he will have to exercise close
care and attention to do so. Even the
brightest of men will have difiiculty IN
doing this within half q minute. Many
% our voters are unfamiliar with this
method Of voting. and IL win be physi-
csliy impossible for them to mark their
ballots intellIgently In less time than
several minutes. Those who are fami-
liar with this method of election say
that the most rapid average voting
practicable II one voter in each COM
psrtment every three minutes. With
three compartments, this would give
only sixty an hour. or $40 In nine hours.
allowing nothing for stoppages or de-
lays. This means the disfranchisement
&C nearly half the voters OF the pre-
esnct. 49,
IL is not human nature that four OF
FIVE hundred voters should allow them
selves to be DISTINGUISHED through no
fault OF their own. simply for lack of an
opportunity to vote. II there IL any pos
s'biiity Of getting at the polls. This
will lead almost inevitably to scram-
bie and presents a situation eminently
fitted TO breed. trouble.
IL Is intolerable to permit the dis
franchislng Of voters in this way IL
there Is any possible method Of avoid
ing It.
Secretary Cooper has made a study OF
the question and has expressed the
orinion. supported by a considerable
array OF authority. that although the
law specifically says that the polls
should be closed and the count OF votes
proceed at 5 o'clock I'm the afternoon
1t aa.r4.
not mandatory" He admits that II
u were mandatory the polls could not
be kept open after o'clock.
This Is treading on delicate ground.
Whether law n mandatory or direc-
tory turns largely upon the opinion Of
the person constituting the question II
given law, In the opinion OF such per-
son. prescribes the positive. direct and
only method Of doing a certain act. and
that method Is OF the essence OF the
object OF the law. then Il Is mandatory.
and no other method OF carrying out
the law win suffice.
IL. on the other hand. ne is of the
opinion that the method prescribed by
law OF OF doing the act was simply by
way OF general direction, and that the
particular method indicated Is no. of
the essence of the law. then II r. direc-
tory. and some other method of carry
ing out the object of the law may be
lawfully followed.
hife Secretary Cooper claims that
the section directing the closing of the
poil at O'Clock Is directory only, and
That the polls can lawfully be kept open
Until IL .o'elock that night, he expresses
tie opinion that the section of the law
prescribing that only three voting COM
partments. shall be used. Is mandatory
and that no more compartments can b.
provided. -.
Whether either OF the provisions ir
question Is directory or whether the,
are both mandatory. Is n question OF
low and precedent. and snap judgment
should not be delivered thereon. Tn.
question has only been before the pub
lie TOT day. and there Is a whole weel
J" which to arrive at a decision.
From, the brief examination possibi,
since the question was presented. w,
are inclined TO believe that the claus
. prescribing closing of the polls nj
o'clock Is far more mandatory thar
that prescribing the number OF yotin,
compartments.
The time OF closing Is so vital to tn,
results OF an election that swe can Sc,
no reason why. IL the inspectors car
extend the number of hours for victims
they cannot extend the number OF days
Each marks but division of time.
On the other hand. the number OF
voting compartments Is but an Incl
dental detail In The procedure by which
the choice Of the voters Is indicated. II
there are four, i've or six compart-
ments. provided each one enables the
voter to vote secretly. there Is no possi-
bic variation Of the result. or inter-
ference with the main object OF the law,
which II to let all vote who are entitled
to; while keeping the polls open after
O'Clock Is liable to lead to all kinds Of
fraud. For example. In the precinct
oited above. only about half Of the vot-