The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-22

tion''-''Application of Existing Laws
Sec APT, it is enacted: Save as other
wise provided herein all laws of the
Territory relative to elections shall gov
ern and be held applicable to the cleo
ton of county officers provided for by
this Act
Sec 430 provides: "AI persons duly
registered under the laws of the Tarr!-
tory relative to the election Of Repre-
sentatives and Senator's shall be -uali-
fed to vote for county officers in the
county and district in which such vot-
erS reside"
Sec 430 is given effect in Sec. 462,
which provides the manner in which
the polls.
Sec 431 enactS: mo special boards
of registration shall be required for the
registration of voters for county off,
GERS, but such voters may register be-
fore the boards of registration provId-
ed for by the laws of the Territory
relative to the election of Senators and
Representatives.
RULE ESTABLISHED.
This positive enactment establishes
not only rule for future elections,
when the board shall register for both
County and Territorial elections but
also applies to the initiatory step, the
election of 1908; and this last PROPOSE
ton is reaffirmed and included in Sec.
465, viz: "All of the provisions of law
relative to general elections are hereby
declared to be applicable to such cleo
ton
The entire Chapter, SO, of which Sec.
| 465 is a part, pertains to the election
T, of Nov. 8, 1903. Sec. 462:
"All persons shown by the records to
have been qualified voters at the gen.
eral election in the year 1902 shall he
| qualified to vote at such election. The
| lists forwarded by the inspectors of
election to the Secretary of the Terri
tory after the election shall be forward
ed by the Secretary at some time prior
to the election in order that the inspec-
| tors may be provided with lists of all
persons qualified to vote"
ANOTHER CONTENTION.
1t was contended by the RESPONDENTS
that this Sec. R462 strongly implies that
only those persons who were on the
voting lists of 1902 will be qualified to
vote at the election of 1903. The sec
ton admits a more reasonable con-
struction. Sec. 4S0 has already pro-
vided that all persons duly registered
for the election of Representatives and
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. 1t is therefore
necessary that he should seasonabIy
send it 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-
dence in the Territory or the District:
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. 1852 MOI
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 fol
by respondents, when put into express
terms, was not favored by Congress
may be seen in Sec. 80 Appendix L
1897. The last clause, making the off
cial voting list at a general election the
only authority for voting at a specia
election, was repealed.
THIS A GENERAL ELECTION.
Respondents also argued that this
coming election is a special election
and therefore Sec 80 Appendix L. 1897
applies. The County Act itself defines
it's special election. Chap. rs, Sec. 437
defines special election as one where
a failure occurs through a tie vote
Sec 43S makes a difference between g
general election and a special in thai
the proclamation for the former must
be sixty days and for the latter fort,
days previous to the election. Chap
49, pertaining particularly to the cleo
ton of 1908, treats it in number of its
sections as a general election
1t is held that the election of 1903 is
in the nature of a general election.
RIGHT OF PETITIONER.
Whoever is possessed of all the nee
essary qualifications for voting at cleo
lions in this Territory, except in tbs
matter of registration, is entitled to
register as a voter.
That the petitioner is so qualified is
not denied. He therefore has a right tc
register in order that he may exercise
| his right to vote