Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-18
PROTEST AGAINST WILCOX
quo WARRANTO PROCEEDINGS IN
HAWAII.
Claimed That There Was No Law Pro-
viding for the Election, which
Consequently In Null and Void.

The grounds for the protest against the
seating of Wilcox as delegate in Congress
from Hawaii are found in the statement of
the case in quo warranto- proceedings be-
fore the Hawaiian court which, after citing
the laws of the territory, this describes the
reasons for objecting to the validity of the
election of Wilcox:
1T will appear that the authority to hold
an election for delegate Is a mere naked
authority and the time place and manner
of holding the election has not been as yet
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 Ino there's were but
two ballot boxes. one for the Fifty-sixth
and one for the Fifty-seventh Congress. In
Honolulu the ballots were deposited in one
box. The coors were Fred and yellow, but
there was no law for 1T Under the law
there could be but two ballot boxes, one for
Sc enators' and one for Representatives No
time is fixed for the election, no place and
no manner This must, at all elections
for 4 delegate in organized territory be
prescribed by the laws Of each territory.
1T cannot be contended that this Is an
unorganized territory, in which the
election may be held at the time and place
and in the manner the governor of each
territory may direct, we are an organ=
lZeN territory In the IlrSt pace, naVlng an
organic act, and in the second place, the
election could only he held after at least
sixty days notice. which was not given.
1T seems plain that there being a mere
naked authority for an election and that
the time, place and manner of holding the
election not prescribed by our laws
or by the laws of the territory required
by section 1863, r. S. L. s., the election is
null and void.
"A mere naked authority to hold an cleo
ton is without effect if there Is no affirma-
tive legislation providing the necessary ma
chinery for holding the same. 40 Am. &
Eng. Enc. of Law, 563, New Ed.
An election held without affirmative
constitutional or statutory authority will be
invalid Notwithstanding sunanimous vote
may be cast in favor of thesparticular ques-
ton submitted. or in favOr of a particular
officer 90 Am. & Eng. Enc. Of Law, p.
563)
The fact that a proclamation stating
the time Of the election and the office to be
filled, states that a certain office is to DE
filled, when by law 1t should not be filled
at such election, does not authorize an cleo
ton for such office nor require the prepa-
ration of a ballot therefor. (Sheen agt.
Hughes, 40 Pac Rep. G79. Ark. 1880
1.-The election having been called by an
unauthorized person. that, and its results
void and of no effect. Neither has any
greater validity than the unauthorized ac-
ton of a mass meeting would have {Force
agt Batavia, 81 ILL.,, 99.)
In the territories the authority to hold
elections depends entirely upon the laws
of Congress and of the territorial legisa-
lures 90 Am. & Eng. Enc, of Law, p.
:.H)
Where the title TO an osace depends.
upon the question of legality Of the
election the proper remedy is by quo war
ranto, and it cannot be -settled in con-
tested election proceeding. 90 Am. &
Eng. Enc, of Law, ED)"