The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-09-22

voting lists of 1902 win be qualified to
vote at the election Of 1903. The sec
ton admits a more reasonable con-
struction. Sec. 430 has already pro-
vided that all persons duly registered
for the election OF Representatives ana
Senators shall be qualified to vote for
county officers. The persons so qualified
in 1902 are not to be registered over
again. The Registration Board cannot
furnish the list of such voters. 1t is in
the hands of the Secretary of the Ter
ritory, the legal custodian. See See.
112 Appendix l.. 1897. It is therefore
necessary that he should seasonably
send 1t to the inspectors of election
that they may be informed officially
who this large class of voters are.
NOT EXCLUSIVE.
So construed the Sec. 462 does not ex-
clude or affect the list of newly regis
tered voters to be furnished by the
board those, who being otherwise
legally qualified to vote in 1902, failed
through absence, sickness or accident
to register that year; and those who
have come of age (21 years.; those who
have filled the required term of resi-
those who may have acquired the pre-
scribed use of the English language
in a word, those who have gained the
necessary qualifications of voters since
the election of 1902.
RIGHT OF VOTERS.
Neither by the terms of Sec. 462 nor
by necessary implication are the per-
sons Just described deprived of the
right to vote. 1t is only necessary to
be registered and their right is COM
plete. If they fulfil all the other re-
quirements for voting, of the Organic
law, they may register before the
boards of registration provided by the
laws of the Territory relative to the
election of Senators and Representa-
tives."
That the construction contended for
by respondents, when put into express
terms, was not favored by Congress
may be seen in Sec. so Appendix l..
1897. The last clause, making the Off
cial voting list at general election the
only authority for voting at special
election, was repealed.
THIS A GENERAL ELECTION.
coming election is a special election,
and therefore Sec. 80 Appendix l.. 1897
applies. The County Act itself defines
it's special election. Chap. IS, Sec. 437,
defines a special election as one where
failure occGrs through a tie vote.
Sec. 43S makes a difference between a
general election and a special in that
the proclamation for the former must
be sixty days and for the latter forty
days previous to the election. Chap.
SO, pertaining particularly to the cleo
ton of 1903, treats it in a number of its
sections as a general election.
1t is held that the election of 1903 is
in the nature of general election.
RIGHT OF PETITIONER.
Whoever is possessed of all the nee
essary qualifications for voting at cleo
tions in this Territory, except in the
matter of registration, is entitled to
register as a voter.
That the petitioner is so qualified is
not denied. He therefore has right to
register in order that he may exercise
his right to vote.
If the right to register be his. he
may require of the Board constituted
for the purpose of ascertaining and
certifying such right an opportunity to
prove his qualification as voter and
ter of Voters.
Judgment for petitioner. Let a writ
of mandamus issue accordingly.