The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-17
MINORITY
COMPLAINT.
1t Is That the Majority
Would Not Permit
inquiry.

as alleged to investigate fully the
/ charges of fraud in the recent gen
II eral election up to the majority of six
II teen members was the tenor of the re-
| port of the minority of six members
Il of the Federal Grand Jury presented
to Judge Dole yesterday morning. So
! far as the refusal of the District At
/ torney to call witnesses was concerned.
Il the minority contented itself with recit-
Il ing the facts of such refusal. There is
Il a sarcastic reference to the ante-elec-
/ ton profession of the Territorial ad-
i ministration that it desired fair and
legal election, followed by the express
| sion of conviction that the efforts to
secure that end were but indifferent.
| BY implication alleging that the cleo
| ton was not fairly conducted the mi
nority concludes with a recommends
ton to Congress in behalf OF amending
| the election laws of the Territory so
that no loophole for Irregularities shall
| be left Following is the minority re-
port:
4 ~
United States District Court, Ter
ritory of Hawaii:
| SRA minority of the Grand Jury
| impanelled 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
majority of this Grand Jury as we be-
hoe hoe
duced for this Grand Jury, which, if
properly brought out would have Sc
cured a conviction for offenses against
| the election laws of the United States,
viz: Sections 540S, 5403 and 5508 of
the Revised Statutes, 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 investi-
gated.
There was an absolute refusal on the
! part of the majority of this Grand Jury
to further pursue investigations which
in the opinion of the minority would
undoubtedly expose numerous other
| frauds and violations of the law punish
able in this jurisdiction.
| The names of twenty-seven witnesses
besides those summoned were presented
to the jury and evidence was given as
to what they would testify to. show
inC conclusively the corrupt and fraud
usent methods adopted with respect TO
| the late election throughout the en-
tire Territory.
When Colonel c. P. Iaukea, the de-
feated candidate for delegate to Cor
gress, applied to the United States Dis
trict Attorney with list of witnesses
he replied as follows:
Mr.. Breckons to Mr.. Iaukea-l5p to
the present time nobody has laid be-
fore me, as District Attorney, any COM
piaint of any violation of the Federal
| laws relative TO the recent election.
You now hand me a list headed "Wit-
nesses who should be subpoenaed be-
fore a Federal Grand Jury" L decline
/ to receive any dictation as to what
persons shall be brought before the
Grand Jury to prove violations of Fed
eral laws. In the matter of subpoenae-
/ ing witnesses 1 shall he guided by my
own judgment or the directions of the
Grand Jury itself. In de Ginning to sub
poena witnesses in accordance with
your dictation L do so for the reason
| that know nothing wha-aver of what
| such witnesses might testify to. Any
further communication with ne on the
subject must be had In writing.
| Mr.. Iaukea replied to Mr.. Breckons
| 1T is not in any way suggestive. 1
| hand you this list, so that you can use
| it at your own discretion
Mr.. Breckons replied: "I reply that
I shall lay before the Grand Jury what
has happened relative to subpoenaing
| witnesses. That is all I have to saw,
1t is matter of common knowledge
| that the voting this last election was
substantially not secret Probably a.
majority of the total number of bal
lots cast throughout the Territory
Were numbered. so that the identity
of the voter of each ballot so cast
could be ccnclusively established.
This was due in the main to the neg
lect, and in some cases the refusal
of inspectors to remove from the bal
lot its number before placing it in the
ballot box.
1t is claimed that this failure TO in
sure the secrecy of the ballot specific
ally provided for by law, on the part
of those to whom the enforcement of
! the law was intrusted, came about not
through design bat through the stlnid-
ity and ignorance of the inspectors.
1t is unfortunate in this connection
that the failure to carry out the law
resulted to the advantage of those to
whom the endorsement of this law was
intrusted, to wit, the party in power
1t would be extremely unfortunate for,
the good name OF this Territory if the
failure to procure the secrecy of the
ballot should have come about through
the hands of the very administration
which was seeking to enforce a.
straight party vote from every one re-
ceiving employment from the Govern
ment.
We believe that further investiea-
ton should be had not only on the
vital point, whether the neglect to se-
cure the secrecy of the ballot was
through design or inadvertence, but
also to determine fully what steps
should be taken to prevent a repeti-
ton Of this evil But the majority of
the Grand Jury have declined to make
any further Investigation and the