The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-08

ion shows the County Act to be har-
monious with the Organic Act, as, for
instance, where it provides that all per-
sons shown by the records to have been
Qualified voters at the general election
in the year 1902 shall be qualified TO
vote at the county election.
Respecting the argument on the Coun-
ty Act provision that all of the provi- |
sions of law governing general cleo !
lions shall be applicable to the county |
election, the opinion says it might per-
haps be a sufficient answer to say that,
if the rule in question is taken literally, |
either it has already been complied
with, for the boards did sit in 1902 and
are not required to sit again under that
rule until 1904, or else that the rule is
inapplicable because it makes no pro-
vision for meetings in 1903.
LIABILITY OF TROUBLE.
Even if the rule could he applied, it
is shown how it would be liable to re-
suit in conflict of provisions and con-
fusion of registration lists. There
might result two registration lists or
one amended list that would shut out
qualified voters of 1902, through in
ability to come forward for registration.
If the old lists were copied, intact, on a
new register there would be registration
on two distinct bases, and those on the
old lists would be entered contrary to
law because without personal applica-
ton.
Upon the contention that if the Coun-
ty Act does not permit persons to vote
who are qualified except in the matter
of registrat ton the law is invalid in that
respect. the opinion says it is true that
some courts have held that where the
constitution prescribes the qualifications
of voters and does not include registra-
ton among them the legislature cannot
add that as a qualification; although
it is said to be the better opinion that
the legislature may, as a matter of
regulation, require registration in such
! cases.
MIGHT PREVENT ELECTION.
| The opinion says if the provisions of
: the County Act in this respect were
contrary to those of the Organic Act,
1.-The question might arise whether the
/ result would not be that there could be
no election rather than that the board
could register others than those who
are in terms permitted to vote. But in
! the present case all question of the
I validity of the law in This respect is
removed by the fact that, as above
shown, the Organic Act itself in effect
provides that the list of 1902 shall alone
| be used at the election of November 3,
1907
/ DECLINES SIDE ISSUE.
The court declines to consider, as not
before it, the question suggested by
counsel as to whether Mr.. Fairchild is
an elector of the county, so as to be
qualified for election as a member of
the county board of supervisors-this in
view of the fact that he was not regis
tered in 1902 and cannot be registered
' prior to the county election.
I CRIMINAL BUSINESS.
The grand jury reported on between
thirty and forty cases to Judge Gear
yesterday afternoon. OF twenty-one
true bills found only two of the accused
persons were in custody, SO that all the
other presentments went on the secret
file. Frank Sanders and Watanabe
each indicted for embezzlement, were in
court and their arraignment was set fol-
$50 this morning.
I George Naiwi was among about a
dozen who were discharged upon re-
ported no bills. He was arrested some
shooting of lad out hunting with him
on Punchbowl. It was the general opin-
ion at the time that he told the truth
when he claimed that the shooting was
accidental, and had he not waived ex-
amina ton in the District Court it is
doubtful if his case would have gone tc
: the grand jury. When discharged by
Judge Gear he walked out of the court.
: room with c. F. Peterson, his counsel
Attorney General Andrews, who con
Quoted the Territory's cases in cour
yesterday, entered a nolle prosequi il
the case of Francisco belgrade ant
Hoy Chez, jointly charged with child
7 stealing.
. Judge Gear sentenced Polise Ealesan
: der. convicted of assault with weapon
: to imprisonment at hard labor fou
5 months.
Levi Daniel. a native boy charged
with stealing $50 and odd at a luau
. stood his trial by jury yesterday. H
, was defended by C. F. Peterson and thu
jury hopelessly disagreed and were dis
= charged.
Kanda Kitagawa and Horio were oil
trial. when the court adjourned, 70
q assault with deadly weapon on Ka
wamoto at Laie. S. F. Chillingwortl
is defending them.
CIVIL CALENDAR.
Trustees of Bishop Estate VS.. Luli;
(w), ejectment, continued on tria
throughout yesterday before Judge D
Bolt and will be resumed this morning
Judge Robinson had fifteen specia
jurors before him yesterday mornin.
from which to complete the panel 70
the trial of the action to quiet title O
Lucy K. Peabody VS.. Emily P. Judd e
al. Only one man was called and ex
amined when the jury was found salts
factory as follows:
Louis H. Miranda, Thomas Honan
William T. Schmidt, George W. Macy
William Ringer, Charles Warren, Ed
ward Hanapi, S. Mahelona, c. S. Hol
loway, Harry A Juen, Frank Godrel