The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-02

herring 10 then. Cstty. GerI y Ne
Qusck ~ Mich. 43o = In Atty Gea1
=. StilSon- foss NIich-- sIs. TIE court
especially cited fh- former dscisisu given
above and said The lz~ has attempt
ss to provide uniform ard sfrict reguis-
tons for elections Then discussing
the case az issue i further says: The
provisions Of the IsS would - bid man
datory and We think they shoEld be IN
this instance
In Major = Barker. % Ky 3o5- the
court held that the provisions OF the Law
requiring a voter TO declare his disability
rnde. cath before the clerk could n.rx
sis balIo; for him were mandatory and
that to permit The clerk or other slec-
aon officers 10 assume either from the
voters statement or their alleged per
sonal knowle,ise that the voter was IN
able to mark his own ballot. wss TO
open tie doors for wholesale fraud"
In Vsruey Y Justice. ~ Ky. So. the
constitution Of K-urucky provided ::
That all elections By the people shall
- held between . O'Clock in the morning
and O'Clock in the evening" one was
held elected who had received TIE most
rotes a. : p N. though the polling place
vas kept open until 10, and Hhen closed
The other party had the majority.
IL Hutchinson :. Woodruff the New
Jsr..y coar, held that Even though the
RESULT may not have been affected yet
Il radical change i made in the hours
-te election i void
The term election implies a choice by
AZ elsctoral body. at the time and sub
.tantially in the manner and with the
safeguards provided BY law. OF quail
d-d person 20 an Office The act Of
choice must be done. the election must be
conducted. as prescribed by law and IN
der the safeguards which the law al
fords Without the existence OF these.
~ least in substance. however unmis-
taxable the fact OF choice there is No
election in law. The act Of election d.
rives all its force and validity from its
substantial conformity TO the constitu-
ton and laws" Poster y. Scarf. -
Ohio 81. -t32j
1t Is those provisions OF the statutes
relating to the time and place Of holding
elections. the qualifications of voters. and
such others a. are expressly made es-
sential prerequisites to the validity Of an
election that are held to be mandatory:
all Others are directory merely;
But it is equally well settled that neglec,
Of directory provisions Of a statute de
signed to prevent fraudulent voting il
ground for rejecting the entire vote Of
precinct" tRussell Y. Mcdowell. ~
Cal. ~
The polls should be opened and
closed at the hour If any. fixed by the
statute" Cam. and Eng Enc. of L. p.
691.l An election must not only be
held AT the time and place prescribed by
law but it must also be conducted sub
stantially in the manner and with the
formalities prescribed" (Supra.. p.
69O.)
1t seems to Us perfectly clear that any
change in the hours for holding the polls
open as provided by the election law Of
Hawaii would vitiate the election and
lead to endless litigation and confusion.
\ more vicious proposition than that Of
Secretary Cooper could not have been set
forth for the consideration of the people
II he had been hunting for som" action
which would invalidate the election and
cause il To 60 for naught he could not
have struck upon more perfect method
60 accomplish such an object II would
hardly seem possible that Mr. Cooper
could have had such an idea in view.
though his position on this question has
led many people to believe that the whole
plan was. and is. a scheme TO invalidate
the election in case it failed to result as
certain parties wished it to. We cannot
bring ourselves to take this soriid view
Of the matter. Mr.. Cooper simply DER
leaped himself and proposed to issue in
structionS for which he had. and has. no
more authority To issue than any news
hoy on the street