The Hawaiian gazette., 1903-10-06
FRANCHISE
PRIVILEGES
Question Of Right
of Citizens to
Register.

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
Attorney r. w. Breckons and NJ. f.
Prosser represented Mr.. Fairchild, who
was present in court.
The Attorney General contended that
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 a 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 We're correct 1t 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 a candidate, until the board
of registration acted for even a gen.
eral election there would not be a sim
gle qualified elector in the Territory to
sign a nomination paper.
Argument extended into the after
noon. Mr. Farchild is doubly inter-
ested, being 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. NJ. Jones, charged with
two murders, for leave to inspect the
minutes of the grand jury. The de-
PENDANTS counsel then moved to quash
the new indictments, among other
grounds alleging that they We're not
found or returned by any duly consti-
tuted or qualified grand jury and that
they We're not signed by the foreman
of the grand jury, Samuel Parker. In
the absence of Mr.. Parker, the court
had allowed the substitution of f. ].
Church as foreman. The allegations
also included one declaring the law of
1908, relative to the drawing of jurors,
to be contrary to the Organic Act in
that it permitted persons other than
citizens of the United States to serve
as grand jurors. The law uses the
word residents" and on this the con-
tention is hung.
MeSsrs Robertson and Dunno argued
for the motion, and Mr.. Peters against.
Judge Gear took it under advisement
until this morning.
CRIMINAL TRIALS.
Polise Ealesander, Porto Rican,
was convicted of assault with a
weapon, before Judge Gear yesterday
morning. l.. NJ. Straus assisted the
prosecution, while w. r. Rawlins APP
peared for the defense.
+. Fisher, Robert Mooney and f.
Buckley. three Camp Mckinley SOL
diers, were put on trial in the after
noon for burglary in the first degree.
Deputy Attorney General l.. c. Peters
appeared for the Territory, and E. NJ.
Watson for the defendants. The fol-
lowing jury was empaneled: George
Woolsey, F. j. Robello, Sol. Keoloewa,
l.. p. Fernandez, l.. r. A. Hart, j. II.
Wise, Carl Willing, j. l.. Aholo, j. II.
Boyd, ]. p. Makainai, L X. Rathburn
and u. Kawananakoa. The defendants
are alleged to have broken into a
saloon at Waikiki just after closing
time one Saturday midnight and at
to carry off a portion of the
wet stock.
Cases numbered 81 and 9S will follow
the present trial.
VERDICT DENOUNCED.
II. e. Hendrick by his attorney,
Thomas Fitch, has filed a motion for
a new trial of ]. C. Axtells suit against
himself, on the grounds that the YER
dict of $4,000 damages for plaintiff is
against law and evidence, and excess
sive damages, appearing to have been
given under the influence OF prejudice ,
and passion"
PROBATE MATTERS,
Judge Robinson has approved the ac-
counts and granted the discharge of
Iiiku Kato and Yaichi Mitsuta, admin
stra tors OF the will OF Iwakichl Kato,
besides ordering the property delivered
over to Kiku Kato, widow OF the tesla
or and sole legatee and devisee.
Judge De Bolt granted letters of tenn
Dorary administration without bonds
IN the estate OF Kulia George, deceas-
ID, TO George Liilii Nicholas, the dead
husband.
ACCOUNT OPPOSED.
The accounts Of ]. Lightfoot, admin
strator of the estate of ]. X. Kauna-
nano, deceased, are attacked by Lum