Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-12-22
SUPREME COURT DECLINES
CONTINUED on Pare q

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Continued on Page q
ing party with satisfaction, and con-
sequently we find in the various
States and Territories statutes auth
orizing and requiring recount of
the votes. This tribunal verihes the
results as u matter of simple count
ing.
The Chief Justice then stated that
he did not think the Legislature
should have foisted tho work of de-
Gliding election disputes on the Su-
preme Court---though he thought 1t
was done because this body was i'm
partial--and he felt SO strongly on
the matter that he would recommend
enactment on the subject to the next
Legislature. This probably means
that he will prepare a bill providing
for Court of Appeals in such cases.
Justice Wilder had little to say,
simply concurring in what the Chief
Justice had said, and stating that he
would embody his ideas in his opin-
ion. The Chief Justice. in his opiu-
ion. also stated that If the petition
were allowed. under the questions
that were brought up, It would make
II a matter of ease for one man alone
to contest an election: that Is, one
man might see what he considered
crooked work going on at the polls.
tell twenty-nine of his friends and
get them to sign petition. This
was the point that was emphasized
by Justice Wilder, who brought it up
primarily.
Circuit Judge De Bolt, who Is sit
ting on the bench in the place of JUS
tice BallOu, in clear and concise
oral opinion stated that he was again
obliged to differ from the Chief JUS
tice and Justice Wilder in the opin-
ion. He stated that from the statute
1t was clearly to be seen that the Leg
islaure contemplated similar contin-
gency. and so constructed the law
that should one duly qualified voter
see what he was certain was an ir-
regularity in the conduct of an cleo
ton he could inform others. who
could then rightfully become signers
of a petition for recount. In the alb
sence of legislation on the point un-
der discussion, De Bolt stated that he
did not think the Supreme Court
should take such definite action. As
matter of fact. there is no legisla-
ton in the election laws covering
the point brought up by Wilder, and
great surprise was expressed on all
sides that the Supreme Court should
make such an Interpretation in face
of this fact and almost in variance
with the plain status of affairs as ex-
pressed by the election laws.
De Bolts dissenting opinion was
upheld by many legal authorities and
men who have made the election laws
a study. The point was frequently
brought out that in the absence Of
express legislation on the mooted
question asked by Wilder. the SUI
preme Court should not make rule
as matter of practice when 1t was
not made rule of law by the Legis-
lature.
Three points of law were taken up
by the Supreme Court and the attor-
neys argued them yesterday afternoon
after the evidence was all In. These
were: the materially of the evidence
that some votes were receivd in the
Eleventh of the Fifth after o'clock;
the materiality of the evidence as to
Willie Crawford being inside the poll
Ing place in the Fourteenth OF the
Fifth; and the materially Of the ev-
idence that Crawford spoke to Chi
nese voters In the Chinese language
while he was in the polling place.
George A. Davis argued on the IL
legality of Crawford being In the poll
Ing place, while A. G. NJ. Robertson
took up the matter of closing the
polls at o'clock, stating that n the
polls were not closed at that time the
vote of the entire precinct should
be thrown out. If this were done,
Fern would not be Mayor as he re-
ceived. good majority there. and
others would undoubtedly be unseat-
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