The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-10-09
FA|RCH|LD'
C|NCH ON kauai

John s. Chandler Will have to prove
in court his right to have his name go
on the official ballot before he can get
it on. in case the courts rule against
him, George II. Fairchild will have a
walkover for the Senate from Kauai,
as he will be the only candidate. Act
ing Attorney General Whitney render.
ed an opinion yesterday that let's in d.
Kamalii, NJ. A. Mikaele, and John Hale
muu, candidates for the House. whose
nominations were rendered to Secretary
Mott-Smith on Sunday, but shuts out
Chandler, whose nomination was not
rendered till Monday.
1t is probable that mandamus pro-
ceedings will be brought to compel the
Secretary to receive the nomination of
Chandler, and the Secretary will do
everything to facilitate such proceed
ing in order that the matter may be
tested in the courts. A copy of the
Acting Attorney Generals opinion will
be furnished to Judge Edings at once,
SO that if it is decided to begin man.
damus proceedings they may be begun
at once.
| Chambers nomination papers came
from Kauai in the same mail that
brought those of the other candidates,
but were directed to John Emmeluth,
and did not get into his hands in time
to be rendered to Mott-Smith on Sun
day.
Acting Acknowledgement Whitney's
opinion on the subject covers the facts
as well as the law of the case. The
opinion is as follows:
Honolulu, T. H.. October s, 1908.
| Opinion No. l01.-In the matter of
the nomination papers of d. Kama
lii, NJ. A. Mikaele, John Halemuu,
and John S. Chandler.
Honorable h.. A. Mott-Smith, Secretary
of Hawaii, Honolulu, Hawaii:
Sir.-In the above entitled matter,
we understand me facts to be as fol.
lows:
The three frst.named gentlemen, on
October 4, 1908, the same being a
Sunday. at about 10:45 n. M, presented
to yourself their nomination papers as
representatives from their respective
districts, such districts being without
the Island of Oahu, and rendered at
the same time $25, filing fee for each
candidate. The last named gentleman
on October 5, at about 1925, presented
nomination papers as Senator from
same time rendering the $25 required
as filing fee. LLikewise, on October
5, at the same hour, the three first
named gentlemen retendered theii
nomination papers and fling fees.
The Secretary of Hawaii had caused
to be printed and published notices tc
the effect that Saturday, October 3, at
midnight. would be the last opportun
| tn Ia inn
ton papers for representatives ant
senators to present the same to him
and the Secretary was ready up to sucl
hour to receive the same, but refused
to accept the rendered papers and fee
on October and October 3. The gen
: eral election to which these nomination
referred occurs November 3, 1908.
The nrst question of which the opin
e ion of this department is asked is
S "when does the time limited by stat
ute in which such nominations shall b
filed expire?'' Section 81, Revise
Laws, provides that no person shal
Y be permitted to stand as candidate
for election to Legislature unles
$ duly nominated. The section furthe
e provides that "such nomination shall
: except as hereinafter provided, be de
posted with the Secretary of the Ter
ritory not less than thirty days befor
the day of general election =
In computing the thirty days men
toned in the statute, we believe tn
law to be correctly laid down in III
: the Matter of Construction of the Elec
: ton Law Haw. 602, an opinion
r of the Justices of the Supreme Cour
r (being Justices Judd, Bickerton am
Dole) to the Cabinet. 1t is there lai'
: down that in statute such as this, thu
o day of election is excluded and TIL
n day upon which the request is filed i
Q included This view of the law is sus
+ tanned by the strong current of recen
opinion, and we believe the same to b
Q at the present time well establishes
: as the law. Following this rule then
g we find that October was the las
S day upon which such nomination paper
o could be fled Our opinion, therefore
as to the nomination papers of MI
: John S. Chandler is that the same ma
y not be received by yourself and flee
n AS to the other three gentlemen,
$ further complication arises from tn
d fact that October 4, the last day upo
). which nominations might be fled, fall
s on Sunday Two questions arise fror
r this state of facts: First, is Sunday I
1t be excluded in computation of tn
e time, and second, if not to be excluded
/ might the Secretary accept such non
a nations on Sunday.
id AS to the first of these questions, a
though there is some doubt existing q
re to the status of the law in regard [
re the same, all the recent cases we hav
been able to find, hold that in con
putting the time within which an az
required by any statute must be dor
E if the last day falls on Sunday, it ca
not be excluded and the act done G
the Monday following, unless there
at some statute providing that the Sunda
Mt should be excluded from the comput
10 ton. This rule of law we find la
o. down in many of the highest courts
r. the mainland including the Supren
IN Court of the United States. 1t is lik
ny wise the well settled rule in Englan
p. There is nothing in the election lay
of expressly or by implication excludil
a Sunday from the computation of tin
re- The fact that the law does express
err include Sunday when falling upon t
&C. last day for doing certain acts in CT
or tain cases would seem to show tn
a such express statute was deemed nee,