The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-22
ELECTION
CONTEST
Committee Hearing
On HaWaii's
Case.
Committee on Elections No. ,,
House of Representative

House of Representatives
Washington, D. c., Feb. /, 1905.
The committee met at 11.25 o'clocl
a. m. Hon. Marlin E. Olmsted il
the chair.
The committee had under considera
ton the following memorial:
| Memorial of the independent Hom
Rule party of Hawaii praying for tn
| appointment of a commission to in
vestigate the recent election in tina
| Territory.
RESOLUTIONS.
| Whereas the official printed ballot!
used in every election precinct through
| out the Territory of Hawaii on the
| Tuesday November 81 after the frs
| Monday in November, 1904, were bal.
| lots attached to a numbered stub. anc
| in the right corner of said ballot
| which corner is perforated for pur-
| poses of detachment therefrom, is con-
tanned the number of said ballot, cor
| responding with the number printed
| upon the stub aforesaid; and
Whereas these aforesaid numbered
and perforated ballots We're so num-
bered, or caused to be numbered, print
ed, or caused to be printed by A L.
c. Atkinson, esq, secretary of the
Territory of Hawaii, the only official
in the Territory vested with the power
to print and issue ballots to be used
in all the election precincts of the
Territory; and
Whereas these numbered and per-
forated ballots aforesaid have been sent
and forwarded by the said secretary
of the Territory to the several boards
of inspectors in each and every elect
oral precinct throughout the Territory
of Hawaii; and
Whereas these numbered and per-
forated ballots We're so made printed,
or caused to be printed by the said
secretary of the Territory to be used
by each and every qualified voter in
voting for a Delegate to the Fifty
ninth Congress, and senators and rep
resentatives to the Territorial Iegis-
Iature as provided by law, and said
numbered and perforated ballots have
been used by the qualified voters, who
have throughout the Territory, on said
election day, voted for Delegate to
the Fifty-ninth Congress, and senators
and representatives to the legislature
as aforesaid; and
perforated ballots used by the qualified
voters as. aforesaid that 1 Delegate to
the Fifty-ninth Congress. and ? sena-
tors from the first senatorial district.
2 senator's from the second senatorial
district, and 1 senator from the fourth
senatorial district, and 80 representa-
tiYes have been elected, making a total
of SO persons Be it therefore
u ID +J,<
tee of the Independent Home Rule
party met in the city of Honolulu.
Island OF Oahu, Territory of Hawaii,
on this 18th day of November, 1904,
to pass the following resolutions:
First That this committee con-
dennis and denounces the illegal and
unlawful act of the said secretary of
the Territory in printing or causing
to be printed and issuing the aforesaid
and perforated ballots, for
the said ballots are contrary to the
provisions of the Territorial election
laws" more particularly the rules and
regulation for administering oaths and
holding elections set forth in BaIlou's
Compilation. Civil Laws Appendix
QS9O, as amended and reenacted by
Congress relating the Contents of
ballots as follows, TO wit:
ballot shall contain the name or
names of the person or persons to be
voted for. the office or offices for. and
the district in which the election is
being held. and the term or terms of
the respective offices being voted for.
= A ballot shall bear no word.
motto. device, sign, or symbol other
than allowed herein.
CooonH That every figure
or number printed on said official bal
lot is a word device. sign, and symbol
contrary to the provisions of the said
ELECTION laws and therefore all such
ballots are absolutely illegal, null, and
void; and it should have been the duty
of said secretary of the Territory to
instruct the several boards of inspec-
tors to reject the same.
Third. That the said secretary of
the Territory has no authority by or
under the election laws of the Terri
tory of Hawaii or any other law of
the Territory of Hawaii to so make,
print, or cause to be printed, such
numbered and perforated ballots with
which the qualified voters had,
throughout the Territory of Hawaii,
exercised their voting privileges on said
election day.
Fourth That the said secretary of
the Territory has. in so doing, making,
printing, or causing to be printed such
numbered and perforated ballots, event
uaily so made for the purposes of
identifying or intimidating the voter,
violated his sacred duty or trust to-
ward the people of this Territory and
the powers which appointed him in
such office.
Fifth That the election held on the
said Sth day of November, 1904, from
8 o'clock of the morning to O'Clock in
the afternoon of said day. during which
time the said illegal numbered and
perforated ballots have been used by
the qualified voters of the Territory in
the exercise of their electoral fran
chises and privileges. was alb initio
null and void: and that each and every
person thus elected on that day has no
right or claim de facto and de jure
by or under the election laws of the