The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-08-15


validity of the statute incorporating the
city and county of Honolulu will be
under fire in the courts within a week.
The Democrats have an attorney WORK.
ing on the matter now and on Tuesday
next, at meeting of the committee, 1t
viii be decided what will be done. John
Emmeluth, secretary of the Territorial
Central Committee, so stated last night.
The matter is to be forced into the
courts on injunction proceedings, to be
brought against the County Clerk. This
is to enioin him from issuing the notice
of election under the new munierpaP
law, which, it will be claimed, is null
and void The injunction will be
brought in the name of some taxpayer,
who will claim that the official is about
to bring about an expense on the county
unlawfully.
There is another way in which the
matter could be tested, that is by
bringing mandamus proceedings against
the Board of Supervisors TO compel
them to give notice of election under
the old County Act provisions, claiming
that by not doing so the members have
entered into conspiracy to retain their
Offices for the next two years without
a contest.
If the test is allowed to go until
after the election under the municipal
law is held and that law was then de-
clared unconstitutional or defective, the
effect would be that the present Board
of Supervisors and the heads of the
county departments who are elected
would keep in office until January, 1911,
as the terms of the County Act would
come again into force and under them
the elected officials would retain office
until their successors were elected and
had qualified. This would be a severe
blow to those who had gone through the
heat and burden of the fray, as it was
when under a somewhat similar case
against the County Act, the elected or
fcials found themselves out of office
after a ten-day sample.
The Democrats are planning to at
tack the municipal law from severai
sides. They viii claim ambiguity in
construction as regards the qualifca.
tions of voters. the clauses dealing with
this being so framed as to apparently bar
some voters qualified under the general
acts; they will claim unconstitutionality
in that the citizens of the county, the
ones most affected by the law, were not
consulted in any way before the law
was passed, and there are other points
in the act supposed to be vulnerable.
McCANDLESS, THE SILENT.
There was considerable disappoint-
ment manifested at and after the Demo
cratic meeting at Aala Park on Thurs,
day because Link McCandless failed to
speak There were large number or
his former Republican running mates at
the park on purpose to hear the Demo
cratic convert in his first address from
a Democratic platform. Among these
was Delegate Kuhio, present to have a
sample of the ammunition that is to be
used against him on the stump next
month. McCandless refused to come
up. however, in spite of the requests
of the chairman of the meeting and the
calls for him from the crowd Smiling
fv he kept his seat, evidently preferring
TO let his money continue to talk for
him for the time being.
IT is said. with a show of authority. !
that the Democratic leaders are not al |
together pleased at Link s insistence to
run for Delegate. As matter of fact
the wisest among the party would pre-
fer to allow the Delegateship to go by |
default to Kuhio. even to head their |
ticket with Kuhio and eonfine their |
energies TO fighting for Legislature and !
county tickets. It has been suggested !
that if the convention came out ahead T!
of the Republican convention with an
endorsement of Kuhio it would gain the |!
party strength all over the Territory |
for their local candidates. 1t is recog
nized pretty generally by all but ono
man that McCandless has no possible !
show to beat Cupid in the race and il |
has been suggested to him more or less |
bluntlv that he would do better for !
himself and for the party he has af- |
filiated with if he would cut down his !
ambition to Territorial Senate size and |
make that run.
McCandless, of course, hates to see it |
that way, but the indications are be- |
ginning TO multiply that he Is getting !
ready to tumble. He has pulled in his i
financial horns. stopped paying carfare !
for his runners and generally getting |
out from under.
IT IS ALL !KUHIO IS.
George R. Carter would like to be |
the Hawaiian Delegate, but it is GER |
tain that he viii not make any attempt
to beat Knhio to the nomination. He
has said that so long as Cupid wanted
the job he might have it, so far as ne
(Carter) was concerned.
This viii leave Kuhio s election and