The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-06
FRANCHISE
PRIVILEGES
Question Of Right
| Of Citizens to
| Register.
Legality Of Grand Jury
Attacked in Jones
| Murder Case.
Conviction Of Weapon Wielder.
Administrators Account
Questioned.

George IL. Fairchild'S mandamuS
suit against the Kauai Board of Reg
istration was taken up by the Supreme
Court at the opening of the first ses-
sion of the October, 1903, term yester-
day morning. Circuit Judge Hardy
granted the writ, commanding the re-
spondents to convene and register the
complainant as a voter, and they ap-
pealed from the decision. The issue
is watched all over the Territory, as it
affects the voting registers for the
county elections.
For the purpose of hearing the case,
Circuit Judge De Bolt was called to
sit with Chief Justice Frear and AS
sociate Justice Galbraith, in place of
Associate Justice Perry, absent from
the Territory. Attorney General An
drews and John D. Willard appeared
for the appellants, while U. S. District
Attorney r. w. Breckons and M. F.
Prosser represented Mr. Fairchild, who
was present in court.
the Organic Act limited the registra-
ton of voters to every alternate year
at convenient time prior to the Terri
torial biennial elections.
Mr. Breckons argued that regiStra-
ton was not intended by Congress as
one of the qualifications of voters, but
rather as a regulation incident to the
right of voting. A man who possess
ed the prescribed qualifications of a
voter had right to be registered and
it was the duty of the board to convene
and register any such prior to an
election. The advocate stated that
he had a personal interest in the issue,
as he had come here from Wyoming
too late to be registered last year.
Judge Hardy had held that, to all in
tents, the county was a general cleo
ton. Mr.. Breckons said that if the
Attorney General were correct it did
not matter whether this was called a
general, special, usual or unusual cleo
ton. In that event.. as the law re-
quired twenty-five qualified electors to
| nominate candidate, until the board
of registration acted for even a gen.
eral election there would not be sim
gle qualified elector in the Territory tic
sign a nomination paper.
Argument extended into the after
noon. Mr. Fairchild is doubly inter-
| ested, being a candidate for county
| supervisor.
JURY SYSTEM ATTACKED.
! Another assault was made on the
validity of the grand jury yesterday
Judge Gear overruled the motion Of
| counsel for E. M. Jones, charged with
two murders, for leave to inspect the
minutes of the grand jury. The de-
PENDANTS counsel then moved to quasi
the new indictments, among othel
| grounds alleging that they were no
found or returned by any duly consti
| tuted or qualified grand jury and tina
they were not signed by the foreman
of the grand jury, Samuel Parker. II
the absence of Mr.. Parker, the cour
had allowed the substitution of F. j
| Church as foreman. The allegation
also included one declaring the law o
1908, relative to the drawing of jurors
to be contrary to the Organic Act, il
that it permitted persons other thai
| citizens of the United States to serv
| as grand jurors. The law uses tn
word residents" and on this the con
tention is hung.
MeSsrs. Robertson and Dunno argue'
for the motion, and Mr.. Peters against
Judge Gear took it under advisemen
until this morning.
CRIMINAL TRIALS.
Polise Ealesander, a Porto Rican
was convicted of assault with
weapon. before Judge Gear yesterda!
|