The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-02-01
.IAUKEA'S CONTEST
COMES TO NOT HING
PROCEEDINGS BEFORE THE COM
MITTEE ON ELECTIONs-ADvAN-
TAGE OF NATIONAL PARTIES.

Star Since my last writing thu contest
against my seat in Congress has been
heard before elections committee Num-
Der of the House. The hearing oc-
cupied continuous sessions throughout
| two days and was completed on Janu-
airy 18th so far as argument was con-
! cerned No new evidence was intro
duced by either side at that time, the
hearing being confined to the evidence
as contained in the printed record and
outside facts or argumets having a
bearing upon those points Judge Gal
braith as counsel for the contestant oc-
cupied almost the entire first day, con-
fning himself very largely to the read
ing of extracts from the printed record,
and from his brief Ex-Attorney Cen
eral E. p. Dole also appeared for the
contestant, although his activities i'm
the case were limited to the answering
of a few particular questions. In a
| hearing of this sort the attitude of the
members of the committee is largely in
Dictated by the line of questions which
they ask The entire committee show
ed personal interest in the hearing and
questioned closel the counsel for both
sides, but there were no questions from
anyone, save two of the Democratic
members, that indicated a tendency to
favor the contestants cause. Con-
gresham Humphrey, of Washington,
went so far at the closing as to say to
Judge Galbraith's argument on the
first day that if there were no more
facts to be shown for the contestant, he
could see no grounds upon which the
contest could be sustained. Congress-
men Randall and Gill were the two De-
mocratic members who, by their ques-
tions appeared to champion the con-
testant's side, and they frequently in
terrupted the proceedings with quss-
tions. or arguments deduced from their
answers. On the other hand Congress-
man Claude Kitchen, of North Carolina
who is one of the ultra-radical Demo-
Gratis of the House, stated frankly to
Judge Galbraith that he had not heard
statement of any legal grounds on
which a contest could be sustained. 1t
had already been conc =ded by Judge
Galbraith that their charge of the cor
rupt use of money in the election and
the placing of the ballot number OPP
posite the name of the voter on the
record of voters was unfounded. He
also withdrew the contention that the
contestant should be seated, and Unite
himself to the plea that the election
/ should be set aside and new one or
1 dered. On the request of my counsel,
i General Dudley Mr.. Mcclellan made
I the opening argument for my side of
i the case, making a summary of all the
local facts connected both with the
placing of the numbers on the ballots,
and the conditions obtaining in the
Territory at the time of the election.
He also stated the facts in regard to
the loan fund appropriation and how
| that, because of that, the number of
government employees was larger than
usual both at the time of the elections
and aftsrward. In response to great
many questions from the committee in
regard to the detailed features of the
voting process, Mr.. Mcclellan stated at
some length the actual process of vot-
ing as it was carried on that day, the
conditions Of an open count in the pres
ence of electors in each precinct, and
the fact that the ballots as soon as
counted, were Immediately sealed up.
General Dudley then closed my case
with a very strong and effective legal
argument, quoting a long line of pre-
cedents to establish the fact that even
if all the returns were thrown out eY-
cept those of the twenty-siX precincts
in which no numbered ballots were
shown to have bcen cast, the final re-
suit would have been unaffected, and
my election would stand. Both Cen
eral Dudley and Mr.. Mcclellan argued
largely from the analysis of the cleo
ton returns by precincts which had
been prepared by Mr.. Mcclellan and
made part of the brief for tine cOntes-
tee.
The case was closed with another
short argument by Judge Galbraith and
further questioning by the members of
the committee.
No decision has been reached in this
case as the committee only met today
for their own consideration of the ar
guments, but, if the line of question:
put by the members may be taken as a
guide, it is safe to say that the cleo
ton will not be disturbed, and my right
to sit in the 59th congress will be af-
frmed. Indeed General Dudley as
sured me at the end of the first day
llldl ne was certain VI the ltoulLs
Mr.. Kitchen. of North Carolina en-
livened the committee hearing with
some recitals of election doings of the
Ku-klux clan in the South, and seemed
to make light of the effort which had
been made to show intimidation at the
Hawaiian election in fact only one
member of the committee seemed at
all inclined to consider that charge
seriously on the showing of the evil
dence.
One fact stands out prominently in
regard to this election contest and
that is the value of amliation with one
or the other of the two great national
; parties. The cause of the contestant
was backed i'm the committee by some
Of its members, apparently because II
was the contest of a Democrat Had
! tba g911oa oODtaCt bppO brought nv a