The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-13
A REPLY BY WILCOX.
The Hawaiian Delegate Defends His
Title to u Seat.

The brief of Delegate Wilcox of Hawaii.
in answer to the charges and protest fled
against him by Attorney George d. Gear.
of Honolulu, was presented yesterday to
House Elections Committee No. I. The
brief is exhaustive. and answers all the
allegations made. especially that Part OF
Attorney Gears petition alleging that
Delegate Wiicoxs election was null and
void on the ground that there was no law
authorizing the election of Delegate to
Congress.
Delegate Wilcox cites at length the law
passed by Congress to provide for a Gov
eminent for the Territory of Hawaii to
show that provision was made for the
election of a Delegate to Congress.
After discussing in detail the several
sections Of the organic act under which
the election for Delegate was held, the
brief continues:
1T will lie noted that section So author
ICES the election OF Delegate to serve
during each Congress; he shall be elected
by the voters giving their qualifications,
anil this significant language follows: The
times. places, ana manner of holding cleo
lions. 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 to system OF laws to
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 4 certificate
/ shall be given accordingly Certificate
was issued 10 Robert ". 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-
| lions and placed in the field candidates 10
be voted for for Delegate to Congress.
| After a 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 ID. Gear, who files the petition
| herein, St,mped the islands urging the
people to vote for a Delegate to Congress
to represent the Hawaiian people. tho
election was held resulting in a majority
for Robert W. Wilcox as determined ny
the inspectors of the election. Upon the
returns showing his election. the Cover
nor issued to him certificate Of election.
and upon the presentation OF the same 10
the House of Representatives ne vas
sworn in and is now sitting as the Dele
gate from Hawaii. All the officers of
| Hawaii whose duty Ii was to enforce the
system of election laws there acted in
coed faith. as did the electors. and they
very generally registered and voted al the
election. and the Inspiration to question
the matter of election came after the re-
| suit had been announced"
The brief will be considered BY the COM
mittee without delay, as it is Chairman
| Tayler's intention to have the case dis
posed of before the adjournment Of Con-
! gTgES.