The Hawaiian gazette., 1902-11-25
prsnA AND TINE SENATE.

OtShA ANU IHt StNhIt.
W. believe the senate has made a
mistake IN It's treatment 81 pcshas
contest ~ the senatorial election ON
Hawaii
In formal petition 10 the Senate
Mr. Dosha alleges that AZ the count ot
ballots In Hilo. three members OF the
election board arrived at three differ
out totals, and that the total giving
him the lowest number was adopted AZ
the official count This count gave
Paris one majority. II one of the other
counts had been adopted. Desha would
have tied Paris, while the third wosld
have given him one majority THESE
undisputed facts throw so strong
doubt upon the correctness Of the count
that no living man knows today wheth-
er Paris or Desha was elected, OF
whether they received a tie vote. Under
these circumstances the Senate owes II
not only TO Mr.. Desha and his support
ers, who are shown to be at least With
in one of the full strength of the party
on Hawaii, but to itself, to ascertain
which man was elected. 1t is ques-
ton of right not of expediency; of tact'
rot of harmony.
Under the monarchy and the republic,
disputed elections were decided by the
Supreme Court. The organic act
transfers that power to the respective
houses of the Legislature. Under the
old law an investigation was matter
of right and could not be prevented by
either the court or the Legislature.
Rights should be as sacredly guarded
now as then. The Senate has the pow
er to refuse to Investigate petition OF
this character, but 1t does not have the
right to do so. To refuse to act, simply
because the power to refuse exists, Is
neither just nor polite.
The fact that Paris and Desha are
both Republicans seemed to some of
the Senators to be a reason for refusing
to investigate This is a strange prop
osition. The argument is that If the
contestant had been a Home Ruler,
then it would have been proper to con-
slider It; but being by a Republican
against Republican, that it was prop
err to ignore it. This Is craftsmanship
with vengeance, that a political oppo-
nent should be given more considera-
ton than a political friend.
The only sound position to take Is
that Desha's politics has nothing to do
with the matter. If the people of Ha-
wall elected Desha Senator, he and
they are entitled to have him seated,
regardless of whether he Is a Republic
can or a Home Ruler. Likewise If
doubt exists as to whether he was
elected or not, he and they are entitled
as of right to have the question re-
spectfully considered and decided. The
party cannot afford to affront it's sup
porters by refusing them hearing, any
more than 1t can afford to be unjust to
| political opponent.
The Senate is establishing precedents
which will be cited as a guide in the
future. 1t should be careful to make
precedent which is founded on broad
principles of right. Such course will
strengthen the party - the opposite
course will weaken it.
The argument is made that the court
instead of the Legislature should settle
| contested elections on the ground that
the former decides from judicial
standpoint, after investigating the
facts, while the latter ignores the facts
and decides from a partisan stand
! point. There can be no better evidence
Of the correctness of this argument
| than the action OF the Senate in the
case in question. 1t should in justice
to the people of Hawaii and in the in
terest of sound precedent and party
harmony, reopen the question, grant
Mr.. Desha's petition, and establish the
| principle that an appeal from a respon-
s!ble source, which on its faces raises
n reasonable doubt, will be Investigated
ana fairly decided upon it's merits, ire
| spect!ve of the politics of the contest
! ants. If the recount shows that Desha
is not elected. he and his supporters
will be satisfied. If the recount is re.
fused it is going to leave sore spot
which may plague the party in the
| future.