The Hawaiian gazette., 1900-11-02
~ ECRETARY OF the Territory Coop
er has not changed his oprion

that IL is not compulsory upon me
Pep,strars of Election to close The pois
promptly at O'CLOCK.
long list of legal authorities are
cited in a brief upon the subject by MI
Cooper to prove that the individual re-
ouirements of each precinct shall de-
termine whether or not the polls shall
close at the hour specified
The ruling which Mr.. Cooper makes
upon the question is that If at any
time during the day on which the elec-
ton is held they find by their lists OF
registered voters that all those named
therein have voted at the polls they are
at liberty to close Immediately at
o'clock.
on the other hand, II at o'clock
there were no voters in line they would
also close the polls, as it would show
flat even II there We're other voters
vet to cast their ballots. there was am
ple time for them to do 50 without
ss,eping the polls open for longer pc
riod.
In further support Of his argument
Mr.. Cooper says that If there were al
6 o'clock duly qualified voters standing
before the booths who had not been
able 10 get within them, the polls
should be kept open for sufficient
teriod to give them an opportunity to
vote until an interim occurred In which
no qualified voters were present and
waiting to vote.
QUESTIONS ASKED COOPER.
The following questions We're pro-
pounded to Mr.. Cooper yesterday;
/. The law prescribes that there snail
ne hut three polling booths In each
,,recinct II also Drescribes that polls
should close at o'clock in the after
noon. ,,
III il is good law to ignore one section
-,f the law, why Is ii not equally goou
law 10 ignore the other, ana aloW
booths enough so that everybody coulu
vote within the prescribed Period?
2. Is not the keeping of the booths
open until long after dark liable to LEAD
10 disturbances!
a If there are voters still In line at
u o'clock, The closing hour OF the day,
does your ruling go to the extent that
they can continue voting until after Il
o'clock the next day!
4 Is there not less objection to haV-
ing large number of polling pooths
enabling all the voters to Vo' during
daylight. than there is to prolohs the
election for a number of hours AFTER
dark. as will necessarily be the casa
{n several of the precincts IN Honolulu?
ANSWERS TO QUERIES.
Mr.. Cooper stated to an Advertiser
reporter that he had already prepared
q brief on the subject, covering the
questions generally. However, answer ,
ing them specifically, he said:
'ln answer to question number !
will say this 1t appears That the pro
visions of sections 46 and AZ of the
Administer
ing Oaths and Holding Elections coup
led with the latter paragraph or sec
dion TO- ARE MANDATORY In their
character, whereas the provision III re- ,
gard to the hour of closing the polls
IL DIRECTORY. Section As reads: The
snspectors shall prepare ut each poll /
ing place a suitable compartment or
space in which shall be placed, at n
point convenieut for voters. the two
ballot boxes herein provided for Sec
ton A. provides the details OF the
friethods employed IN arranging the in
teriors of the booths The latter para
graph of section 20 says, When
voter Is in the baloting compartment
for the purpose of marking his ballot,
no other persFn shall, except as pro
vided in section - hereof, be allowed
80 enter the compartment or be In n
position from which he can observe
how the voter is marking his ballot
LAS to question number . which re-
fers to probable disturbances, l don't
see why that should necessarily b. so.
The whole ruling is based purely upon
tie necessity of the case, and should
the polls lat any time during the day
remain unoccupied by voters, the IN
spectors would not continue the hours.
hut would close at O'Clock, 1T RESTS
ENTIRELY WITH THE REQUIRE .
BiENTS OF THE VOTERS. (
Now for number 3, taking in the -
o'clock limit The day upon which an
election is set Is also decided to be
mandatory, and cannot be changed
over from one day To another. Conse-
qcently the time limit is midnight
Number 4. This has been felt to be
a violation of the mandatory provis ons
of the law, whereas the prOlunging II
the hours in which to allow the voters
10 cast their ballots, is directory"
POINTS TO CONSIDER.
MIR. Cooper stated three situations
had arisen with reference TO the COM
ing election. First the closing of the
polls by the inspectors at any time
after they ere satisfied that all the
voters in their precincts have voted
Second, the closing of the polls at 8
o'clock In case there are no duly quail
ihed voters present offering TO vote.
Third the keeping open OF the polls be-
yond 8 o'clock II during the day the
polls have been continuously occupied.
and II at the specified hour for closing
there are still others present who de-
sire to vote and have the legal right
10 do 80.
For instance. II In precinct l., Fourth
District, all the voters have cast their
ballots by 3 o'clock, and the reglstra-
lion lists show no more voters entitled
20 cast ballots, the polls can be closed
at o'clock.
"If IN nreoinet 2 Fourth Dls,,ic,
voters have been standing in line ali
day and no lnterlms of any oonse,