The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-12-16
THE MINORITY REPORT
Continued from page one.)

The minority report is as follows
Honorable Sanford b. Dole, Judge of
United States District Court, Ter
rtory of Hawaii.
Sir: A minority of the Grand Jury
empaneled and sworn and charged by
you on the 18th day of December, A.
d. 1904, begs to submit herewith the
following report:
We dissent from the report of the ma
iority of this Grand Jury as we believe
sufficient evidence has been produced
for this Grand Jury which, if properly
brought out, would have secured a con-
viction for offenses against the election
laws of the United States, viz: Sections
54OS, 54O3 and 55OS of the Revised Sta
tutes, if taken before a Trial Jury.
Other alleged violations of Federal
laws besides those testified to by the
witnesses present came to the knOwl-
edge of this jury in the course of their
deliberations, and were not investigated
There was an absolute refusal
on the part of the majority of this
Grand Jury to further pursue inves-
legations which in the opinion of the
minority would undoubtedly expose nu-
merous other frauds and violations of
the law punishable in this jurisdiction
The names of q witnesses, besides
those summoned were presented to the
jury and evidence given as to what
they would testify to, showing con-
clusively the corrupt and fraudulent
methods adopted with respect to the
late election throughout the entire ter
ritory.
When Colonel c. P. Iaukea, the de-
feated candidate for Delegate to Con-
gress, applied to the U. S. District At
torney with list of witnesses, he re-
piled as follows:
Mr.. Breckons to Mr.. Iaukea: up to
the present time nobody has laid before
me, as District Attorney any COM
plant of any violation of the Federal
laws relative to the recent election.
You now hand me list, headed Wit
nesses who should be subpoenaed be-
fore a Federal Grand jury 1 decline
to receive any dictation as to what
persons shall be brought before the
Grand Jury to prove violations of Fed
ing witnesses / shall be guided by my
own judgment or the directions of the
Grand jury itself. In declining to
subpoena witnesses in accordance with
your dictation. / do so for the reason
that / know nothing whatever of what
such witnesses might testify to- Any
future communications with me on the
subject must be had in writing"
Mr.. Iaukea replied Mr.. Breckons.
1t is not in any way suggestive.
hand you this list, so that you can use
It at your own discretion"
Mr.. Breckons replied 81 reply that
shall lay before the Grand jury what
has happened relative to subpoenaing
witnesses. That is all l have to say.
1t is a matter of common knowledge
that the voting this last election was
substantially not secret. Probably a
majority of the total number of ballots
cast throughout the Territory were
numbered, 80 that the identity Of the
voter of each ballot so cast could be
conclusively established. This was due
IN the main TO the neglect, and In some
cases, the refusal of inspectors to re-
move from the ballot its number be-
! fore placing II IN the ballot box.
II Is claimed that this failure TO in
sure the secrecy OF the ballot, specih-
cally provided for by law, ON the part
Of those to whom the enforcement Of
the law was intrusted, came about not
through design but through the stupid
ny ana ignorance Of the inspectors, u
Is unfortunate In this connection that
the failure 10 carry out the law result