The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-16
IlOD[nSTE|n SEEKS
| TO GUST DELEGATE
Makes Application for
Writ of Quo War
ranto.
CLAIMS ELECTION WAS IIEelL
BRIEF BY DAVIS & GEAR IN
SUPPORT OF THIS CON-
TENTIoN.
The Attorney Generals Letter De-
Ginning to Make the Territory
Party to the Pro-
ceedings.

day applied TO Attorney General Dole
through his attorneys. Davis X Geai
for writ of quo warranto 10 test III
right of r. W. Wilcox to obtain a eertif
cate of election as delegate TO congreS
from the Territory of Hawaii. MI
Loebenstein sets forth that he Is citi
zen. taxpayer and elector of the Territor
OF Hawaii and bases his application oil
the ground that there was no authorir
under the Constitution of the Unite
States or the laws of this territory L
hold an election for delegate for the 5itl
and 5IIth congresses He asserts tina
the recent election of delegate was con
trary to law. hence null and void.
The application for quo warranto wa
accompanied by a brief prepared b.
David V. Gear. which was in substance a
/ follows:
Il The Organic Act of the Territory o
Hawaii provides:
Sec 81. That delegate to the hous,
of representatives of the United States
to serve during each congress. shall b.
elected by the voters qualified to vote fol
members of the house of representatives
of the legislature: such delegate shall
possess the qualifications necessary fol
membership of the senate of the Legis
lature of Hawaii The times. places
and manner of holding elections shall be
as fixed by law. The person having the
greatest number of votes shall be de-
clared by the governor duly elected. and a
certificate shall be given accordingly"
The United States Revised Statutes
provide:
Sec 1862. Every territory shall have
the right to send delegate to the House
OF Representatives of the United States
TO serve during each congress, who shall
be elected by the voters in the territory
qualified to elect members of the legis-
lative assembly thereof. The person hav-
ing the greatest number of votes shall
be declared by the governor duly elected.
and a certificate shall be given accord
ingly."
Sec. 1868. The first election of a dele
gate in any territory for which tenn
porary government is hereafter provided
by congress, shall be held at the time and
places and in the manner the governor of
such territory may direct. after at least
sixty days notice, to be given by procla-
nation; but at all subsequent elections
therein, as well as all elections for dele
gate in organized territories. such time,
places and manner of holding the election
shall be prescribed by the law of each
territory"
Section ca of the "Act to Provide a
Government for the Territory of Hawaii
provides:
That the rules and regulations for adj
ministering oaths and holding elections
set forth in Ballou's compilation. Civil
Laws. Appendix. and the list of register
ing districts and precincts appended. are
continued in force with the following
changes. to-wit:" (setting out amend
ments).
We have no law applicable to the cleo
ton of delegate to congress. Section g.
Appendix. Civil Laws. continued in force
by congress, provides that:
The elections herein provided for are
for the purpose of choosing by ballot the
elective members of the legislature.
The methods of election shall be such
as are herein set forth and no other
Sec. 4O-At least forty days before
any election the governor shall issue an
election proclamation" etc.
Section ~ provides that The minister
shall provide two suitable ballot boxes for
each polling place. One of such boxes
shall be marked in plain letters For Sena-
tors and the other For Representatives
They shall bear no other mark or device"
Section a. provides for compartment
at each polling place for 1.-The two ballot
boxes herein provided for"
Sec. SI-Ballots for senator's shall be
of blue paper and the ballots for represen-
tatives of white paper
Sec. SS-Bailots for senator's shall
contain names of candidates for senate
and shall contain no other name
Sec. S9-Ballots for representatives
shall contain names of candidates for
and shall contain no
other name
See. 9I-When any duly qualified
voter shall offer TO vote. the chairman
of inspectors shall deliver to such voter
a ballot or ballots for representatives or
senator's. as the case may be. properly
folded as herein provided
1t viii appear that the authority TO
hold an election for delegate is mere
naked authority. and the time. place and
Of holding the election has not
been as yer fixed BY law Our laws only
provide for the time. place and manner
Of voting for senators and representatives
There is no provision for ballots. ballot
boxes, place of voting. or manner. In
Hilo there were but two ballot boxes.
one for Jsth and one for 51th congress.
In Honolulu the ballots were deposited in
one box The colors were red and rel
low. but there was no law for il. Under
the law there could be but two ballot
boxes, one for senators and one for
Representatives No time is hxed for
the election. no place and no manner.
This must. at all elections for a dele
gate in organized territories be pre-
scrihed by the laws of each territory.
IL cannot be contrnsied thar this Is
m uncrganired territory. in which case
the election may be held '-at the time and
place and in the manner the governor of
each territory mar direct. rs We arr an
organized territory in the first place. hay
ing an Organic Act, and in the second