The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-20
with the Consideration there

as well as others who were suggested |
during the course of their examination. |
From the evidence adduced by means |
of witnesses we are enabled to report: |
l. representation of voters.
Two charges of alleged impersonation |
of voters and resulting Illegal voting, /
were found to be unfounded in fact, |
and the evidence of the witnesses tes-
tifying in relation thereto mere hear |
say Further, in two cases it was
found that illegal voting had been in
dulged in but the identity Of the Of
tenders was conflicting and seems to
have been done only after careful ex-
animation by the inspectors present at
the time of the commission of the al
legged offense, and nlala fides on the
part of said inspectors does not appear.
Evidence before this grand jury dis
closes the fact that at several polling
places attempts were made by persons
to this grand jury unknown to vote
in the name of other persons living but
absent from the Territory, and in all
instances the person so attempting to
vote was Immediately evicted from the
booth by the inspector.
2. Alleged rejection of ballots by
IlldklHE lhSICOli VI
with linked fingers.
Your grand jury particularly investi-
gated the charge of improper identi-
fication marks thereon with linked fin
gers by the inspector of election count
ing the ballots. And we are enabled to
report that the ink marks and marks
of Identification by means of ink ap-
peared to be the result of carelessness
of voters at the time of marking the
ballots. In many instances ink marks
were the result of soiled shelves in
voting compartments. While many
ballots We're properly rejected through
reproduction Of the ink marks made
by the voter in the folding of the bal
lot And in view of the above facts
this grand jury strongly suggests that
ink stamps be eliminated from future
elections. Your grand jury made an
examination of ballots rejected for the
reason of ink marks and Identification
marks contained thereon in the 7th
precinct of the 9Th district, and I'VE
find that the proportion of Home Rule
and Republican ballots rejected bears
the same ratio as the proportion of
Home Rule and Republican votes cast,
and that therefore such rejection CT
ballots would have had no effect gen.
orally upon the result of election in
that precinct.
3. Discharge of employees for political
reasons.
We find this charge absolutely I'M
founded, and in the case of Government
employees that their discharge was due
to the fact of the financial condition
Of the Territory.
Your grand jury further desires to
report that irregularities in and con-
corning the election laws occurred at
the polling place of the 7th precinct
of the 9Th district. And that such ir-
Irregularities are due to the action of
| the chairman Of the board of inspec-
| tors, Fl. C. Birbe. While the grand
| jury does not believe, and it did not
| so find, that Mr.. Birbe acted wilfully
| and with intent fraudulently to vio-
| late the election laws, still the proper
| conduct of elections in the future
would be better subserved should Mr..
| Birbe and men of his character be
omitted from boards of inspectors.
Respectfully submitted: Samuel Par
ker, foreman grand jury; George J.
! Campbell, T. r. Mossman, A. r. Bindt,
Chas. Wilcox, F. J. Church, w. Legros,
| H. A. Giles w. L. Eaton, VIM. l..
| Peterson, Ulysses H. Jones, j. K. Inch,
| c. F. Herrick r. K. Pahau.
MINORITY REPORT.
| Honolulu, November 10, 1903.
To the Hon. George D. Gear, Presid-
| ing Judge for the term of the Circuit
| Court for the First Circuit.
| May it please your Honor:
| The undersigned members of the
| grand jury of this honorable court and
| term beg leave to report, in connection
with the investigation into the charges
submitted to us of the frauds and Of
| lenses committed at the recent county
| election for the county of Oahu, as
| follows:
| That many witnesses had been ex-
amined by the grand jury, who have
| also inspected many of the ballots cast
| in said election. That at no time dur
| ing said investigation have there been
| more than fourteen members of the
| grand jury present, acting or voting.
| That it has appeared to the under
| signed, by a great mass of evidence,
| much of which was uncontradicted,
| that serious violations of the election
| laws were committed at said election,
and that indictments were justified
| by said evidence, but the meager num-
| Der of grand jurors on the panel per-
mitted and permits the defeat of any
| effort to indict, unless the grand jury
| shall be practically unanimous.
We feel that the failure to return in :
| dictments in this behalf amounts to a
| failure Of justice; we believe that Should
the same matters be submitted to full
| panel of grand jurors, and the same
| facts be laid before such full panel, as
were ,laid before US, indictments would
| result.
| We therefore venture to suggest to
| this honorable court, in the interest of
| justice, and of the purity and indie
pendence of the ballot il -his Territory,
| that the matters concerning the recent
| county election for the county of Oahu
which were submitted by your Honor
to this grand jury, be resubmitted to
another grand jury to consist of a ma
terially greater number of grand jurors
than took part in the labors of this
| ity,-x-