The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-11
THE FIRST BATTLE
IN ELECTION CASE

At the hearing of the question OF
Jurisdiction in the Oahu county election
contest, which the Supreme Court is
expected to decide this morning, there
was a large attendance of directly and
indirectly interested persons all day.
the latter element evidently being COM
posed in the main of native Home Rul-
ers.
Deputies E. c. Peters and VIM. T.
Rawlins of the Attorney Generals de-
partment appeared in behalf of most of
the Republican candidates whose cleo
tion C. b. Maile and others seek to
overthrow. H. c. Birbe, Jr, chairman
of inspectors of the seventh precinct
of the fifth district, was specially rep
resented by Henry Hogan. e. NJ. Wat
son is counsel for Frank Harvey,
Democratic-Home Rule candidate for
supervisor, and w. A. Whiting for c.
P. Iaukea, elected Home Rule candi-
date for assessor, in the event of the
courts taking jurisdiction. II. McCants
Stewart conducted the argument for
the contestants. C. W. Ashford, at
torney and defeated candidate for su-
pervisor, sat near him all day.
Mr.. Hogan led off with an argument
on Birbe's demurrer. Mr.. Peters occu-
pied the greater portion of the morn
ing session arguing plea to the juris-
diction. He contended that there was
no law for such a contest as that ini-
tiated. The only provision in the Coun-
ty Act for a contest was in section 454,
which, however, only gave power to a
candidate to contest an election and
none to electors such as was assumed
by petitioners in this case. Section 455,
moreover, said:
.'In all contests relative to county Of
ficers, the petition required by law to
be filed in the Supreme Court shall be
filed in the Circuit Court in such coun-
ty, and such Circuit Court shall have
such jurisdiction relative to such con-
tests as is given to the Supreme Court
by law"
Mr.. Stewart replying, argued that
while the County Act in general did not
come into effect until January !, 1904
and therefore admittedly it's provisions
regarding elections in general were not
now in force, yet the trainers of the
Act and the Legislature provided for
such a contingency by inserting chap
ter SO especially for the first county
election just held. This chapter con-
tanned the following sections, upon
which counsel relied
Sec. 465. All of the provisions of law
relating to general elections are hereby
declared to be applicable to such cleo
ton.
"Sec. 466. All of the provisions of law
are hereby declared to be applicable to
such election, except that all records or
information thereby required to be for
warded to any sheriff, shall instead be
forwarded to the Secretary of the Ter
ritory."
1t was urged that these sections
brought into play the old election laws
and not the provisions foT elections in
other parts of the County Act. There
fore, on the further presumption that
the Organic Act by making each house
of the Legislature the judge of the
qualifications and election of its own
members did not repeal the old law of
election contests, the Supreme Court
should properly take jurisdiction of
contest of this special county election.
Messrs. Peters and Hogan offered
brief replies before the court took the
matter under advisement.