Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-05-26
ELECTION LAW SITUATION.

There is no doubt that the situation
in connection with the conduct OF the
last election for Territorial Delegate
TO Congress is serious. 1t Is also pretty
well understood that officials who con-
Quoted the election are placed in posi-.
ton no less politically dangerous than
the Delegate.
AS a result of the disclosures made
by the Democrats In their contest Of
the election, there is a possibility of the
lnseating of the Delegate and pos.
Sibility of the unseatlng Of the exec.
tive officer on whom rested the re.
possibility for having the election con.
,uCted on the basis of an absolutely
lonest ballot and fair count.
One or both of these things might
happen, but to say that either is a Ger.
tainty is folly. II Is certain that Con.
gress will thoroughly investigate the
election. 7. Is also certain that 1t Is
possible. under the election law as II
now stands. to prepare ballots that will
honestly protect the voter in the So.
CreCy OF his vote. This was proved I'm
the County election when Governor Car.
ter was Secretary of the Territory and
was responsible for the preparation of
the ballot.
Hence there is every reason to be.
lieve that a revision OF the election
laws as they now stand cannot effect
the result Of the findings Of Congress
when 1t passes upon the election held
in November of 1894.
1t is well TO remember, in passing
that the election laws as they now
stand were the election laws of what
has been termed the best government
on earth"-the Hawaiian Republic
and as such were embodied in the law
OF this Territory by the commission
that drew the Organic Act. Hawaii
was represented on that commission
by S. b. Dole. now Judge Of the Fed.
eral court, and w. +. Frear, now Chief
Justice of the Territorial Supreme
Court. II is Interesting to note that
the work of these eminent lawyers
which Congress approved Is now put
down as so full of holes that II IL q
serious question whether the Territory
has ever held legal election.
This fact Is doubly interesting on
account of the attitude taken by cleo
ton law critics toward the County law
passed by the Legislature. The organ
of the County law opponents, for In.
stance, claims that Notwithstanding
the Territorial election law is as full
of holes as a Russian war balloon in
full retreat, no court could likely bc
found that would declare II void. In
the same breath it is claimed that the
County law passed by the Legislature
should be destroyed by the first court
II comes to because they hold that It
contains technical errors.
II should be remembered that courts
of justice working to do common jus.
tiCe do not vary the application of
principle to suit faction. 1t Is un-
fortunately true however that courts
Of Justice may become courts of in.
justice II so disposed and still find
decisions to support their conclusions.
Revision of the election law as pro.
posed by the Paris resolution now be.
fore the House Is not likely to save the
Delegate from being unseated II there
Is evidence to show that there was IRE
gularity in the last Territorial election.
Nor will the revision save or jeopardizs
laws passed by this and other Legis-
latures because of the illegality of tho
elections. Federal courts do not play
peanut politics.
On the other hand there Is no doubt
that an election law which would guar.
antee honest elections and furnish a
penalty for dishonest election methods
would be of great value to the people Of
the Territory. II would also be n
guarantee that the good name of the
Territory will be protected in future
elections, where the. natural desire to
maintain this good hame does not ex-
list. Revision, honest revision, would
put an end to tricky politics which
some people unfortunately think is
smart.