The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-02-12
WILCOX MAKES ANSWER
Hawaiian Delegate Declares He IS
a Legal Member of the House.
Asserts That All Provisions of Law
Governing Elections in the Island
Were Observed, and That His Ac-
cuSer Made Speeches in His Cam
paigu-GIst of the Brief Presented.

Delegate Wilcox of Hawaii this morning
fled with House Elections Committee No.
l his brief in reply to the charges and
protests fled against him by Attorney
George D. Gear. of Honolulu. The brief is
exhaustive and comprehensive and gives
in detail the provisions of the law under
which the Delegate from Hawaii was
elected. The chief argument advanced by
Attorney Gear IS that Wilcox should be
ousted and the seat be declared vacant
because. he asserts. there was no law TO
authorize the election OF a Delegate TO
Congress.
After citing the law passed by Congress
to provide for a government for the Ter
ritory Of Hawaii, Delegate Wilcox in his
brief says in part:
Z submit that from 1894 the Republic
Of Hawaii was an organized government
with laws complete. for the ruling Of he
same. and with general election laws Tor
the election by precincts and districts. of
Senator's and Representatives of the Re
public
That by sections ; and 6. the laws
of the United States, which are not 10
wall. not inconsistent with the Constitu-
ton and laws of the United States or the
provisions OF this act were from the time
of the adoption Of the organic law Of tie
Territory. 10 wit, forty-fve days after
april 80. 1900. the law of Hawaii governed
il all respects the election.
Section Il provides for a general cleo
ton in November, 1900, and every second
year thereafter not specially for Scn2-
tors and RepresentatN cS. but We submit
as well for Delegate to Congress. This
section provided that the Governor may
call a special election but only when in
his opinion the public interest shall re
quire special session Of the legislature
"A careful scrutiny Of the organic act
discloses no authority in express terms,
authorizing the Governor to call special
| election for Delegate TO Congress; here
after, and we're we TO rely upon con-
struction that would hold the seat of the
! Delegate .-1m Hawaii vacant, then the
territory would be deprived OF a Delegate
| till. IN the language Of section ii. every
/ second year thereafter that is, after 10
Vember 1900 at which the election was
/ authorized for q Delegate in the organic
| law The necessity Tor making applicable
/ the laws OF the United States, and the
! laws Of Hawaii, in this instance becomes
apparent.
/ Section 68 says that all the powers
and duties which by the laws OF hawaii.
/ are conferred upon OF required OF the
/ President or any minister OF the EePup-
/ lie Of Hawaii (actiug alone or IN con
nectiOn with any other officer or person
( or body} or the Cabinet or Executive
/ Council and not inconsistent with the
/ Constitution or laws OF the United States,
/ are conferred upon and required OF the
| Go-ernor Of the Territory of Hawaii, IN
| less otherwise provided But under the
| limited construction suggested tins gives
| no relief 20 the people OF the Territory,
| nor justifes an election, OF any mere Va
| Idity than the election held for the sit
| ting member
| whether under the terms Of section
! Il the LEGISLATURE would be deferred from
( authorizing the Governor 10 call a spe-
/ CIaf election for Delegate is one open 10
construction. but it may be doubted
/ whether the Legislature could authorize
q special election unless q liberal inter
probation shall De given to- the organic
! law, and q liberal rule OF construction
! be adopted in favor OF granting the right
/ to the people to have q Delegate in Con
| gress, as the organic law evidently con-
! templated they should have from the
! November election Of 1906
! The portion OF section Il authorizing
| the Governor 10 call the Legislature n
! session. If in his opinion the public in
/ terCst shall require a special session OF
the legislature was TO provide fog con-
| tineency not involved in the question here.
1 and II being in the original draft OF the
! bill introduced in the first days Of the
/ Fifty-sIxth Congress in anticipation OF an
! early passage Of the measure, was car
/ ried through to its delayed passage in
/ April but six months before the general
| election. AS bearing indirectly on the
! subject il might be stated matter
| that we cannot make specific in the brief
ami rsa- low hat
! President Dole had IN contemplation, the
I calling together of the old Legislature OF
Hawaii after the passage Of the organic
! law. but the information is THAI by an or
der or executive proclamation IN some
! fora the Executive of the United Sta.Ss
directed otherwise
1T will be noted that section s. author
| izes the election of a Delegate to serve
! during each Congress; ne shall be elected
! bv the voters" giving their qualifications,
and this significant language follows. The
times. places. ana manner Of holding cleo
| tons. shall be as fixed by law.
| The reasonable construction Of this
! provision is that the Delegate shall be
/ elected according to the general election
| laws Of Hawaii already fixed and in force,
! and not according 10 a system OF laws 10
be thereafter adopted The general cleo
! ton machinery was carried in force by
/ the organic law. and that law authorized
the election OF the Delegate from Hawaii
in The general election of November, 1900.
That election was held and pursuant TO
the clause, the person having the greatest
number OF votes, shall be declared by the
I Governor duly elected and certificate
| shall De given accordingly Certificate
was issued to Robert W Wilcox, pursuant
to these provisions The Governor issued
his proclamation for the election in due
form Before that time three separate
parties had held their nominating conVen-
J tions and placed in the field candidates 10
! be voted for for delegate 10 Congress
| After q campaign accompanied with the
| usual American campaign speaking torch
! light professions, and parading OF bands,
in which the voting population very gen
orally participated. and in which campaign
George D. Gear, who files the petition
| herein. sIumped the islands urging the
people to vote for q Delegate to Congress
| 10 represent the Hawaiian people, the
| election was held resulting in 4 majority
! for Robert ". Wilcox as determined by
| the inspectors of the election Upon the
!! returns showing his election. the Cover
| nor issued TO him a certificate OF election
| and upon the presentation Of the same 10
/ the House Of Representatives he vas
| sworn Ia and is now sitting as the Dele
I gate from Hawaii. All the officers OF
| Hawaii whose duty il was to enforce The
! system OF election laws there. acted il
| good faith as did the electors and they
| very generally registered and voted at the
| election. and the inspiration to question
| the matter of election came after the re-
I suit had been announced"