The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-09-22

|
having been appealed to the Supreme
Court the intention has probably been
abandoned.
w. G. Smith, Charles A. Rice and w.
| ]. Sheldon as respondent Board Of
Registration for the Sixth ReDresen-
tative District of the Territory of Ha-
| wall, have appealed to the Supreme
Court from the decision of Judge
Hardy, awarding to George T.. FairchiId
writ of mandamus against them.
Following is Judge Hardy's opinion
from which the appeal Is taken:
OPINION.
The qualifica tons and conditions req
usite for voting at the election Of
Senators and Representatives., land all
other elections" in this Territory are
set forth in Secs. 60, 81 and 62 of IAN
Act to Provide a Government for the
Territory of Hawaii"
The respondents in this case admit
that the petitioner has all the necessary
qualifications and fulfls all the condi-
| lions for voting at the election of coun-
ty officers to be held Nov. g. 1903. eX-
cept the condition of registration IN
| 1902. At that time he was absent from
the Territory by reason of sickness of
| member of his family. He is a resi-
dent of long standing, has been a voter
| for several years, and desires to regis
ter and vote at the coming county
election. He is nominated as a candi-
date for the Office of County Super
visor.
ARGUMENT OF RESPONDENTS.
| At the hearing, the argument most
insisted on by the respondents against
the prayer of the petitioner for an or
der of Court to respondents that they
convene to give him an opportunity to
show that he is qualified to vote and TO
register, was that the Board was Great
ed by the Organic Act, by Congress, for
the special purpose of registering vot-
ers for Senators and REPRESENTATIVES,
and for no other purpose, and the DOW
er of the Territory to impose upon the
| Board additional duties was questioned.
1t was pointed out that it was required
| to meet at such times between Aug. RI
and Oct. 10, 1900, and in the same way
every second year thereafter, as many
| times as may be necessary to enable
them to register all persons entitled TO
register, and it was thence argued that
the Board was not authorized to meet
for such purpose in 1903.
CONTRARIWISE
The reply is that these boards are
boards of registration for the Terri,
tory, appointed by the Governor with
the advice and consent of the Senate.
and their duties are to ascertain the
qualifications of voters at election for
Senators and Representatives and all
other elections in the Territory, and the
qualifications of the voters at all cleo
| tons are identical.-Sec e., Organic
Act.
At the date of the approval of that
Act. there We're no counties here, and
no county elections, but it contained
provision for the creation and govern
ment of counties by the legislature.
| Accordingly the Legislature has passed
| n County Act, and ordered an election
of county officers. to be held Nov. 3,
1903
ELECTION LAWS APPLICABLE.
In this County Act-ttle of "Elec-
tion'-"Applicatio of Existing Laws
Sec. 427 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. 43O provides: "Al persons duly
registered under the laws of the Terri
tory relative to the election of Repre-
sentatives and senators shall be 0uali-
| fled 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
such registration is made available at
the polls.
Sec. 431 enacts: "No 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 n rule for future elections,
when 1.-The board shall register for both
| County and Territorial elections but
also applies to the initiatory step, the
election of 1903; and this last PROPOSE
tion is reatiirmed and included in Sec.
49, viz. "All of the provisions of law
relative to general elections are hereby
declared TO be applicable to such cleo
| ton"
The entire Chapter. IS, of which Sec,
400 is part, pertains to the election
OF Nov 3, 1903 Sec. 462
IAN persons shown by the records TO
have been qualified voters at the gem
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 insuec-
tors may be provided with lists of all
persons qualified to vote"
ANOTHER CONTENTION.
1t was contended by the respondents
that this Sec 462 strongly implies that
only those persons who We're on the