Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-04-14

jcctcd.
In due time the contcstcc filed nm
answer TO the notice of contest. which
Is, In substance, general denial Of
the material allegations set forth In
the notice OF contest.
The contestant. through his coun.
sci. expressly stated that the contcs.
tee was not personally responsible. di.
rectly or indirectly. for any Of the ir.
Irregularities or violations Of law set
forth In the notice of contest.
The Law
Section SO Of the Organic Act for
the government of the Territory of
Hawaii provides:
| That Delegate to the House Of
Representative of the United States,
to serve during each Congress. shall
be elected by the voters qualified to
yot for members of the House Of Rep.
rescntatlves OF the Legislature. Such
Delegate shall possess the quallilca'
tons necessary for membership OF the
Senate Of the Legislature of Hawaii.
The times. places. and manner Of
holding elections shall be as fixed by
law. The person having the greatest
number of votes shall be declared by
the Governor duly elected, and a Ger.
tihcete shall be given accordingly. Ev.
cry such Delegate shall have seat In
the House Of Representatives with the
right of debate, but not Of voting
| Section OF that Act provides:
THAT the laws of Hawaii not incon.
sistCnt with the Constitution or laws
of the United States or the provisions
of his Act shall continue In force. sub
ject to repeal or amendment by the
Legislature of Hawaii or the Congress
Of the United States"
Section Ga OF said Act provides that
the rules and regulations for holding
elections under the Republic shall con
tinue In force after the annexation
with a few notifications therein sci
forth, which were made necessary by
the change Of government from the
Republic to Its present status as q
Territory of the United States, and nc
provision Is there made for the elec
ton of Delegate TO the Congress.
Section Go OF said Act provides:
That the Legislature of the Terri
E tory may from time to time establish
: and alter the boundaries of election
districts and voting precincts, and ap
! portion the Senators and Representa-
tivcg to he elected from such dis
trlctG."
Section Sc of said Act. which set
forth and Cnumcrages the lcgislativ,
powers Of the Territory. confers n,
I Jurisdiction ON the Territorial Legisla
: tura to modify or amend the election
law, and makes no reference to II. Thu
= election laws of the Republic contain
cd no provision for the election of
7 Delegate TO Congress. for no such OF
= fee existed. and the Organic Act ha
s no provision for that purpose excep
I as contained In Section SO, and appar
( emily cOnfers no power on the Lcglsla
! ture of Hawaii to amend or supplement
r tho9c laws. But Hawaii Is entitled I,
}. Delegate In Congress. and such De-
n egato must be elected by the voter
Z qualified to vote for members of tn
n House OF Representative OF lis Legs
/, lature. The time for holding sucl
l. election Is fixed by Section IA OF III
r Organic Act, but neither In that AC
l. nor In the laws of the Territory
d there any definite procedure for tn
!. conduct of such election. Therefor
L the Secretary of the Territory wa
y Obliged TO formulate entirely new an
4 Independent rules and regulations 70
h the election OF n Delegate, or To so az
$ just and supplement its present eleC
u tion laws and machinery MS tn accom-
y pllsE tho same purpose. The COunsC
D. for both parties to this contest al
l. sumcd that the Delegate should
n elected according to the election law
- of the Territory, so lar as they al
y piled and made their briefs and arg
mcnts on that assumption. The r,
case (Rowcll's Digest of Contestc
Election Cases, p. G01 is an autho
ity In support Of their action.
Under the Hawaiian election law
was the duty OF the Secretary of Stat
to lave all the ballots printed M
sent to the several voting precinct
to fnrnish ballot boxes, and general
TO provide the ways and means Il
holding elections. This he undertoC
10 do. The statute requires that tw
suitable ballot boxes he provided Il
each election precinct. That one
marked IN plain letters, "For Sen
tors" and the other For Represent
tiyes." That was done, and a thil
box was provided and marked, "F
. Delegate" The statute requires tn
ballots for Senators be of blue pape
and the ballots for Representatives
white paper, and In the absence
nv statutory direction the ballots for ID
~ ogatt were made OF pink paper. Tn
far no fault Is found with the prepaT
IL. LII
IN action Of the Secretary of State
.nnplnn,nntinu OF Az npnvl