The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-08-24

3 THE LAW OF EACH TERRI 4
. TORY.-Qrom the Revised Stat I
q utes of the United Statcs)
.
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The above law is advanced by Attorne
Pcepoe TO support his belief that Hawa
can elect no Delegate to Congress unit
after the Hawaiian Legislature has fiNe
a law for the election of that official.
published yesterday, the well-known ma
tive lawyer sa.-:
Hawaii,i as 1t now stands, as a gov
eminent, is an organized Territory of
the United States. 1t has its organic
law, and In that law 1t is clearly laid
down as follows, 10 wit:
THAT Delegate to the House of
Representatives of the United States
to serve during each Congress shall
be elected by the voters qualified to
vote for members of the House of
Representatives of the Legislatures:
such Delegate shall possess qualfica-
tons necessary for membership of the
Senate of the Legislature of Hawaii.
The times, places and manner of hold
Ing elections shall be as fixed by law.
The person having the greatest num-
Der Of votes shall be declared by the
Governor duly elected, and a certif-
cate shall be given accordingly. Every
such Delegate shall have a seat in the
House of Representatives, with the
right of debate, but not of voting
(Section So, AN Act to Provide
Government for the Territory OF Ha-
-wau.')
Times. places and manner of hold
Ing elections to elect the Hawaiian
Delegate to the United States Con-
sress shall be fixed by law. What
law? Not the election laws, which
are only good for the election of our
local Representatives in the local
Legislature of the Territory of Ha-
wall. 1t must then be understood that
the law required by the above section
of the Territorial Law of Hawaii is
law to be passed and fixed by tho
first Legislature of the Territory. to
be held on the third Wednesday in
February next Q90D
The Hawaiian" Delegate 10 Con-
gress must be first elected by the
voters qualified to vote for the mem
bers of the House of Representatives.
Of the legislature" then, secondly,
the election for such Delegate must
be fixed by a law that is TO be passed
person at such election having the
greatest number of votes shall be de-
clared by the Governor as duly elect
ed.
At present in Hawaii, there Ia no
law designating the times, places and
manner of holding elections; and
therefore II must needs be a LegIsla-
ture to come to existence to fix such
law. and the declaration OF the Gov
Hg,F Al
est number of votes, as being duly
elected in conformity with the law
made expressly and specially for that
purpose must follow after the voters
have cast their votes.
In consequence of the foregoing rens-
onings, l presume that 1t is too pre-
ature now to think of any such leg
islative creature as the Delegate to
Congress. The voters OF Hawaii need
not be troubled about that matter
now until the law for the election of
that important omcer Is fixed by the
Legislature.
Hawaii now is an organized Terri
tory. and therefore must follow and
carry out the directions mapped out
in the 'chart" given by the Congress
OF the United States for the Govern
nent of Hawaii mel.
ING 2huNSIAlSST ulu not interview INC
Governor yesterday in the matter, bu,
upon being asked his opinion, turned vi
the Territorial Act, pointing TO section 81
of chapter ), relative to United States of,
Ticers. This section begins, THAT a Del
egRte to the House OF Representatives OF
the United States. to serve during each
CO ngress, shall be elected by the voters
qualified to vote for members or tn,
Il L.,
tllre: such Delegate shall possess The
qualifications necessary for membership
of the Senate of the Legislature OF Ha
wall" and. continuing, has the following
sentence, upon which Governor Dole laiL
particular emphasis: 'The times, places
anc manner of holding elections shall be
as fixed by law"
''Mr. Poepoe, being a native Hawaii.
an" said the Governor, evidently doe!
rot realize the importance OF the LITTLE
word AS before fixed There are laws
in force which fix the times, places and
manner of holding elections. and thes,
laws refer TO all elections mentioned II
the Act"
The Bulletin reporter ran across the
rchowing section GO, which he thought
supported the Governors opinion:
Section 62-That in order to be qualified
10 vote tor' Senators and for voting In al
'otfer elections In the Territory OF Ha.
wall. person must possess ali the quail.
hcations and be subject to all the midi
lions required by this Act OF voters fol-
representatives"
Governor Dole was seen later OH the
question that has been raised as 10
whether Delegate elected at the ensu.
Tins Territorial elections would be for the
7sher closing term OF the present Con-
areas, beginning the first Monday In Da-
-oember and ending on the 4th OF March,