The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-31
At WILL NOT DO MIR. COOPER.

Mr.. Henry +. Cooper may have beer
enough of a lawyer 10 sit as judge OF
the circuit court in the Republic of Ha-
waii, but ia giving expression to the
statement that he has decided to in
struct the inspectors of election that if.
At O'Clock. any qualified voter presents
himself the polls shall be kept open until
he has had the opportunity of voting and
~ continue open so long as there are
electors presenting themselves to vote
he 10 showing a lausntahle ignorance of
the decisions Of the courts on the matter
of violations of election laws. Section "a
OF the Organic Act of the Territory says
that the rules and regulations for ad-
ministering oaths and holding elections as
set forth in Ballou's compilation. Civil
Laws Appendix are continued
in force with the following changes"
Then follows the list of changes section
NJ. relating TO the time the polls shall
remain open. not being changed.
This section says; The polls shall
he opened at : of the clock on the MORN
ing Of the election day and shall be kept
open continuously until of the clock
In the afternoon of said day. unless all
the registered voters OF the precinct shall
hsye polled their votes previous TO that
time. after which the polls shall he
closed" While the section provides for
closing the pons before ; o'clock in case
all the registered voters of the precinct
are known 10 have voted. il makes no pro-
vision for extending the time of closing
beyond O'Clock. To extend the time as
Mr.. Cooper proposes to do would invsli-
dste the election and neceSsitatt ,he holi-
ing of another election. TO the great ex-
pense of the territory, and that. too. st
time when the treasury is practically
empty.
The courts have repeatedly held that
any deviation froa the strict letter Of
the law in the opening or closing of the |
polls is good ground for contest or for
invaiidating the election. This has been
held in almost every state in the Union
Snd congress has held to the same view
IN numerous contested election cases be-
fore thar body, A recent contest in
which this view was taken by congress
was in the contest Of William +. Aldrieh |
against Thomas :. Plowman from the |
Fourth Alahams district in the Fifty |
fifth congress.
Ii is greatly TO he regretted that there !
10 prospect of many voters heins de- |
prived of their votes in certain precincts. |
through the negligence of eertain terri /
;orisl officials who should have made
proper provisions for the election at the
proper time. but far better that some
citizens should lose their votes than thar /
he entire election should be annuiled hy /
such an act as that proposed by Secretary
Cooper The extending of the time for
losing the polls would open the doors
or ballot box s;ufing and frauds of all |
Sinds and would be mos, vicious.
The law regulating the time of open
ng and closing the polls al an election
5 legislative enactment and no ofiicisl
{ sny state. territory or county can
hange il by mere orders as Mr.. Cooper
proposes 10 do. The whole thing is 30
reposterous that il seems impossible |
hat reasoning sensible man. as Mr..
'ooper is supposed TO be. would for a
loment. even. consider that as secretary |
the territory be could instruct the in
pectors TO violate the law. Ii win not |
.. We warn Mr.. Cooper now that such
act would invalidate the election and
ouid bring about his instant removal