The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-05-20
THE BOW WONGS WIN NEW CRIMINAL WORK
UNITED SOCIETY SUIT Is DIS
MISSED
Judge Gear Holds That the other Fac
tions' Election was Illegal and Bow
Wong Election According to Custom.

Judge Gear this morning granted a
motion to dismiss the suit of the Terri
tory of Hawaii against c. X. All ct al.
giving the Bow Wongs a victory in the
contest over the election of the officers
of the Chinese United Society The
court decided that neither of the fac
tions had held legal election according
to the bylaws, but that the Bow Wong
ELECTION had been according to the
usages and customs of the past IL years
ana tnat any objections to such customs
had long ago been waived.
The.case for the plaintiff was closed
with the testimony of Lin Shin Chow.
who tried to identify the bylaws and G.
). Crane who told of election notices
published in the Advertiser. When the
evidence was closed Judge SUHman
moved to dismiss on the ground that by
their own evidence it was shown thar
the election of the defendants was in
accordance With the usual procedure of
the society. Silliman COntended that
the meetin7 of January /, at which the
Bow Wong set of officers was elected.
was legal, though he admitted that
there were violations of some unimport-
ant provisions Of the bylaws.
Lorrin Andrews wanted the court to
order new election. lie contended
that both elections had been illegal, but
that the ConsuIs faction. in the election
~ held on January 81, had done all that
was possible to carry out tue bylaws.
Andrews quoted a recent decision of
the supreme Court of Hawaii, to the
elIect that where corporation election
was shown to be void it was the duty
Of the court to order a new election.
Judge Gear said that he didn't see
how he could order a new election, even
cOnceding that the bylaws which II
hAarn NFf1 10 t...I l..
effect There is no proof, however" he
said, that the bylaws were ever ap-
proved by the Minister of the Interior,
as is required by law to make them
valid. The evidence shows that there
were 80 or 40 members of the society IN
1886 and that since then no members
have been elected Men have been in
Nited' to become members and have
come in without any ceremonies or int
tauon or payment OF dues. 1t was
the custom every year for the presi-
dent or secretary by his order to write
list Of those who had taken part and
these We're notified of the meeting TO
elect officers. This was done last
January
only four of those who it is claimed
are the only legal members of the So
clety attended the meeting of January
81, at which the plaintiffs claim that
'i'~i Neo a lCSdl tlttllOll. II lile DN-
laws were in force there could not be an
election with four members 1t is
claimed that these members, some OF
them having according to their own
testimony left the society years be-
fore, We're still all there was of the
society because they were the only ones
legally elected.
There We're no objections for l6 years
To the method of election pursued in
the meeting of January l. 1t having
been shown that the officers alleged to
nave been chosen on January 81 were
not legally elected, and it appearing
that the officers chosen on January 1,
whose elections We're ratified on Jan
uary 20, were elected in conformity with
with usages and customs followed for
10 years, the motion to dismiss the bill
is granted"
The consul's faction will take an ap-
peal it is stated, basing their hopes for
a tinal victory on the Supreme court $
opinion in somewhat similar case.
that the court should order a new cleo
ton. The Bow Wong officers some time
ago took possession of the society head
quarters and still remain i'm charge.
ACKNOWLEDGEMENTS