The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-12-20
MINORITY
COMPLAIN
1t Is That the Majority
Would Not Permit
Inquiry.
(From Saturdays Advertiser)

Passing the responsibility OF failure
as alleged to investigate fully the
charges of fraud in the recent gen.
.eral election up to the majority OF six
teen members was the tenor of the re-
port OF the minority of six members
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,
the minority contented itself with recit-
ing the facts of such refusal. There is
a sarcastic reference to the ante-elec-
ton profession of the Territorial ad-
ministration that 1t 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
uion was not fairly conducted the mi
norty concludes with a recommended
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:
Honorable Sanford B. Dole, Judge of
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-
1ieve sufficient evidence has been pro-
.duced for this Grand Jury, which, II
properly brought out would have Sc
cured a conviction for offenses against
the election laws of the United States,
viz: Sections 54OS, 54O3 and 55OS 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 We're presented
to the jury and evidence was given as
to what they would testify to- show
irc conclusively the corrupt and fraud
u;ent methods adopted with respect TO
the late election throughout the en-
tire Territory.
When Colonel c. p. Iaukea, the de-
fcated 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-iip TO
the present time nobody has laid he
fore me, as District Attorney, any COM
plant of any violation of the federal
laws relative to tie 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 Fe d.
eral laws. In the matter of subpoenae-
ing witnesses I shall lie guided by my
own judgment or the directions of the
Grand Jury itself. In de ,lning to sub
poena witnesses in accordance with
your diotation / do so for the reason
that l know nothing wha-aver of what
such witnesses might testify TO. Any
furthe" communication with ne on the
SupJttl must ne ndu IN Writing.
Mr.. 1aukea replied to 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: Il reply that
I shall lay before the Grand Jury what
has happened relative to subpoenaing
witnesses. That is all have to say
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
We're numbered so that the identity
of the voter of each ballot so cast
could be conclusively establish he'd
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 but through the stupid
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 tc
whom the enforcement of this law was
intrusted, to wit, the party in power
1t would be extremely unfortunate fol
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 q
straight party vote from every one re-
ceiving employment from the Govern
ment.
We believe that further investiga'
ton should be had not only on the
vital point, whether the neglect to Sc
cure the secrecy of the ballot wa:
through design or inadvertence, bu
also to determine fully what step!
should be taken to prevent a repeti
, ton of this evil. But the majority o.
the Grand Jury have declined to maxi
! INV further Investigation and tn,