The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-22
THE RIGHT
OF VOTERS
To Be Registered
for the County
Elections.
Opinion Of Judge Hardy
Granting Writ of
Mandamus.
The Board Of Registration Appeal.
From the Decision to the
Supreme Court.

There was a movement on foot YES
terday to institute test registration
suit in Honolulu. but the Kauai case
having been appealed to the Supreme
Court the intention has probably been
abandoned.
w. G. Smith, Charles A. Rice and w.
Registration for the Sixth Represen-
tative District Of the Territory of Ha-
wall, have appealed to the Supreme
Court from the decision of Judge
Hardy, awarding to George E. Fairchild
a writ of mandamus against them.
Following is Judge Hardy's opinion
from which the appeal is taken:
OPINION.
The qualifications and conditions RED
uisite for voting at the election OF
Senators and Representatives, land all
other elections in this Territory are
set forth in Secs. so, 81 and 81 of can
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 fulfils all the condi-
tons for voting at the election of coun-
ty officers to be held Nov. 8, 1909. eX-
cept the condition of registration IN
1902 At that time he was absent from
the Territory by reason of sickness of a
member of his family. He is a resi-
dent of long standing, has been 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 &c
register, was that the Board was Great
ed by the Organic Act, by Congress, fol-
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. q
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 &c
register, and it was thence argued thai
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 foI
Senators and Representatives and all
other elections in the Territory, and the
qualifications of the voters at all cleo
tons are identical.-Sec. 50, Organic
Act.
At the date of the approval of that
Act, there were no counties here, and
no county elections, but it contained a
provision for the creation and govern
ment of counties by the Legislature
Accordingly the Legislature has passed
a County Act. and ordered an election
of county officers to be held Nov. g.
1903.
ELECTION LAWS APPLICABLE.
In this County Act-title of "Elec-