The Hawaiian star., 1902-04-04
THE CASE OF
The CANDIDATES

The text of the petition of W. w. Har-
ris against the placing of August
Droiers name ON the official ballot foI
the special election next week is as f0l-
lows.
81. That heretofore by proclamation
duly made the Governor of the Terri
tory of Hawaii did direct a special cleo
tion To- be held iu the Fourth Repre-
sentative District of said Territory ON
pose of electing a Representative for
said District i'm place of the late a. +.
Gilhllan, deceased.
80 That ON the 29th day of March,
1902 the said w. w Harris, plaintiff
herein, was duly nominated by twenty
five duly qualified electors of said
Fourth District as a candidate for
Representative at said election, and
that he possesses all the qualifications
necessary TO be eligible To election as
and to be a member of the House of
Representatives.
"3. That on said 29th day of March,
1902, one August Dreier was also duly
nominated by twenty-five duly qualified
electors Of said Fourth DisJuCt as a
candidate for Representative at said
election.
"4 That said August Dreier does not
possess all the qualifications necessary
i'm order to be eligible to election as
and to be a member of the House of
Representatives as specified i'm Section
40 of the Organic Act of the Territory
of Hawaii iuasmuch as he is not quail
fed to vote for Representative i'm the
District i'm which he seeks to be cam
didate as aforesaid.
Paragraph five sets forth the fact that
the following protest was sent to Coop
er on April 2:
Hon. II. r. Cooper,
FTH..aa d H.sNaH ..N To-
Waii.-Sir.
THE undersigned a duly nominated
candidate for election to the House of
Representatives for the Fourth District
at the election to be held on the 9Th
inst. hereby respectfully protests
against the placing of the name of
August Dreer upon the official ballot
The ground of this protest is the fact
that said August Dreier is not qualiti-
ed to vote for representatives in
said Fourth District and therefore not
eligible to be a Representative, and
that he is by reason of said fact, not
an eligible candidate for said office.
Yours very respectfully,
wv. w. HARRIS
The document continues as follows:
"6. That on the 2d day of April, 1902,
/ the said II E. Cooper as Secretary of
! said Territory Of Hawaii, as aforesaid,
| overruled said protest, and notified the
/ said plaintiff of his determination to
/ print the name of said August Dreier
upon the official ballots TO be used at
! said election.
~. That said defendant is now caus-
| ing the official ballots for said election
! to be prepared and printed, with the
| name of said August Dreier, as well as
! the name Of w. w. Harris thereon.
IS. That the defendants sole reason
| for overrulng plaintiffs said protest
and his determination to plaNe the
name of August Dreier upon the Oiti-
| cial ballots as aforesaid is MS DelleI
| that he is without authority under
| the law to inquire into or to pass up
| on the question as to whether or not
! any person nominated as a candidate
| i'm the manner provided by law pos
| sesses all or any of the qualifications
required by law of candidates for OF
members of either branch of the Leg
I islature of said Territory.
80 The plaintiff claims that it is the
right and duty of the Secretary of the
! Territory, under the law, to inquire in
to. pass upon and determine the quail
/ ficatiOns of all persons who may be
nominated as candidates for election
| to the House of Representatives OF
| said Territory and that if, in any case
( he should find that any such nominee
/ is not possessed of all the qualihca-
| tions required by law to be possessed
/ by candidates for and members of said
| House of Representatives, it is his duty
to refuse to accept such nomination
( and to refuse to place the name of such
nominee upon the official ballots,
/ 10. The defendant claims that the Sec
retary of the Territory has no right Oh
authority to inquire into, pass upon OF
! determine whether or not any person
I duly nominated as a candidate for cleo
tion to the House of Representatives is
possessed of any or all of the quail
fications required by law to be pos
sessed by candidates for or members
of said House Of Representatives
AN adjudication is requested upor
the respective claims of the parties
| hereto"