The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-04
SUBMITTED
TO COURT
.Dreier Protest to
Be Heard This
Morning.
SUPREME COURT
HAS SO DECIDED
Statement Agreed Upon by Acting
Gov. Cooper and Republican
Candidate Harris.

The protest of W. w. Harris agains
the placing of the name of Angus
Dreier upon the ballot for representa-
tive in the Fourth district will com.
up in the Supreme Court at 10 O'CLOCK
this morning.
The submission of the matter upor
an agreed statement of facts was mo-
made until nearly 2 o'clock yesterday
afternoon, and 1t was then decided by
the court that the matter should &C
over until morning. The case is en-
titled William w. Harris. plaintiff VS.
Henry E. Cooper, Secretary of the Ter
ritory of Hawaii. defendant" and is a
submission without action
The petition says:
The undersigned, William w. Har-
ris. a resident of Honolulu. Island of
Oahu, Territory of Hawaii, plaintiff,
and Henry L. Cooper, as Secretary of
the Territory of Hawaii, defendant, be-
ing parties to question of difference
which might be the subject of civil ac-
ton in the Circuit Court, have agreed
upon the following statement of facts
upon which the controversy depends,
viz:
l. That heretobefore by proclamation
duly made by the Governor of the Ter
ritory of Hawaii. did direct a special
election to be held in the Fourth Rep
resentative District of said Territory.
on Wednesday. April 9Th, 1902, for the
purpose of electing a representative for
said district in place of the late A. F.
Gilfllan, deceased.
g That on the 29th day of March.
1902 the said w. w. Harris, plaintiff
herein, was duly nominated by twen-
ty-five duly qualified electors of said
Fourth district as candidate for rep
resentative at said election. and that
he possessed all the qualifications nee
essary to be eligible to election as and
to be a member of the House of Repre-
sentatives.
3. That on the said 29th. day of
March, 1902, one August Dreier was al
so duly nominated by twenty-five duly
qualified electors of said Fourth dis
trict as a candidate for representative
at said election.
4. That said August Dreier does not
possess all the qualifications necessary
in order to be eligible to election as and
to be a member of the House of Repre-
sentatives, as specified in Section 40 of
the Organic Act of the Territory of Ha-
wall. inasmuch as he is not qualified 10
vote for representatives in the district
in which he seeks to be a candidate as
aforesaid.
Paragraph five sets out the terms of
the protest submitted to Secretary
Cooper Wednesday. and which was by
him denied
Paragraph s then says: That on
the Cd day Of April. 1902. the said III. f.
Cooper. as Secretary of said Territory
OF Hawaii. as aforesaid, overruled said
protest and notified the said plaintiff
OF said August Dreier upon the official
ballots to be used at said election.
Z. That said defendant is now caus-
ing the official ballots for said election
to be prepared and printed, with the
name OF said August Drier. as well as
the name of w. w. Harris thereon
s. That the defendants sole reason
for overruling plaintiffs said protest
and his determination TO place the name
of August Dreier upon the official bal
lots as aforesaid. is his belief that he
is without authority under the law to
inquire into or pass upon the question
as to whether or not any person NOM
mated as "a candidate in the manner
provided by law possesses all or any of
the qualifications required by law of
candidate for or members of either /
branch Of the Legislature of said Ter /
ritory.
9. The plaintiff claims that it is the
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