The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-10-07
NO CHANCE TO REGISTER
SUPREME COURT REVERSES JUDGE HARDY AND HOLDS
THAT THERE IS NO AUTHORITY IN LAW TO RE
QUIRE THE BOARDS OF REGISTRATION TO REGIS,
TER VOTERS FOR THIS ELECTION.


Supreme a opinion morning
Judge Hardy registration The
holds that there the coming county
ballot candidate supervisor may be determined another
proceeding to ascertain he is qualified eco The syllabus OF
the decision this morning says
provisions Organic County
can be registration Of voters for the first election
Il" would contended be hardship could
have registered last be prevented from voting this
otherwise qualified and of doubt the naturally would
lean that construction which would permit him register and
the provisions both Organic and the County which
bear this question plainly against the petitioners conen
ton preclude the relief sought. *
opinion by Justice Frea
lowing;
ct thus clear that the register used the last preceding regular
general election for the be used not only
intermediate elections OF representatives but also at all other elections
the Territory including elections Ii the County Act
tanned provisions inconsistent with these provisions Organic Act
would course, be invalid and imperative
But the County Act itself would call for the concu
son The portion OF that Act that provides Tor the hrs county election
chapter 49, which includes Sections 45o The only section that
provides specifically who this election which reads
All shown by the records have been qualified the
general election the shall be qualified such cleo
The lists forwarded by Inspectors Election
ar of the Territory after the election shall be forwarded by the Sec
retary at some time prior to the election in order that the Inspectors
may be provided with lists all qualified vote This shows
clearly be shown by implication that only those
this election whose the lists prepared for the general cleo
ton of 1902
1T commended further that the County Act does not permit per
who qualified in the matter OF registration the
law is invalid in that respect is that have held
that where the constitution prescb the qualifications and
does include registration hm the Legislature add
tha-alhough be the opinion that legislature
from voting who become otherwise qualified after
1.-THE last of the board before election
provided that interval uneasonab long If the provision
Section Of the County Act the the
Organic Act in this the question might arise whether the result
would could election rather than
could register others than who permitted
But in the present question Of the validity Of the this
sp removed by the fact that above shown the Organic Act
self effect provides that the list of shall alone be used the
election of November g. 1903
st is also conended that registration is only regulation
que condition and qualification There passages
lin the Rules referred favor this although pointed
above Sections 90 and OF the Organic Act expressly
Organic Act (Sec 62 requires the this election be subject
Ito all the conditions well all the qualifications
led of for representatives Of which is registration
and Section Of the County Act makes the list Of the sole
Iof all persons qualified vote al this election.
1T suggested by counsel both sides that express
lis minated might be presented another whether the petitioner
lis eector the within the meaning Section tine
County Act be qualified for election member of the County
Board of which he has been nominated This qus
this but has been argued We
feel that should express opinion upon it.
he order of the Circuit Judge appealed from aside and the
emanded him for further proceedings that may proper
consistently with this opinion.
"R w, Breckons and NJ F. Prosser for petitioner
attorney General L. Andrews D. Willard respondents