The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-06
FA|RCHILD'
CINCH ON kauai
With Chandler Shut Out He
Will Have No OPP
p0nent.

il on. In case the courts rule against
him, George H. Fairchild viii 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 lets in D.
KamaIii, 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-
eeedings 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.
Chandler's nomination papers came
from Kauai in the same mail that
brought those of the other candidates,
Int were directed to John Emmeluth,
and did not get into his hands in time
to be rendered to Mott-Smith on Sun
day.
Acting Attorney General Whitney s
opinion on the subject covers the facts
as we'll as the law of the case. The
opinion is as follows:
Honolulu, T. H.. October 3, 1908.
Opinion No. 101.-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 tne facts to be as fol-
lows:
The three frst-named gentlemen, on
October 4. 1908, the same being a
Sunday, at about 10:45 a. 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
the Fourth Senatorial District, at the
same time rendering the $25 required
as fling fee. LLikewise, on October
5, at the same hour, the three first
named gentlemen retendered their
nomination papers and fling fees.
The Secretary of Hawaii had caused
to be printed and published notices to
the effect that Saturday, October 3, at
midnight, would be the last opportun-
ity for persons desiring to file nomina-
ton papers for representatives and
senators to present the same to him,
and the Secretary was ready up to such
hour to receive the same, but refused
to accept the rendered papers and fees
on October 4 and October 5. The gen
eral election to which these nominations
referred occurs November 8, 1908.
The nrst question of which the opin-
ion of this department is asked is,
''when does the time limited by stat
ute in which such nominations shall be
fled expire9" Section 81, Revised
Laws, provides that no person shall
be permitted to stand as a candidate
for election to a Legislature unless
duly nominated. The section further
provides that "sueh nomination shall,
except as hereinafter provided, be de-
posted with the Secretary of the Ter
ritory not less than thirty days before
the day of a general election :"
In computing the thirty days men
tionea in the statute, we believe the
law to be correctly laid down in Sin
the Matter of Construction of the Flee
ton Law s Haw. COZ, an opinion
of the Justices of the Supreme Court
(being Justices Judd, Bickerton and
Dole) to the Cabinet. 1t is there laid
down that in a statute such as this, the
day of election is excluded and the
day upon which the request is filed is
included. This view of the law is sus-
tanned by the strong current of recent
opinion, and we believe the same to be
at. the present time well established
as the law. Following this rule then,
we find that October 4 was the last
day upon which such nomination papers
could be filed. Our opinion, therefore,
as to the nomination papers of Mr..
John S. Chandler is that the same may
not be received by yourself and filed.
As to the other three gentlemen, a
further complication arises from the
fact that October 4, the last day upon
which nominations might be filed, falls
on a Sunday. Two questions arise from
this state of facts: First, is Sunday to
be excluded in a computation of the
time, and second, if not to be excluded,
might the Secretary accept such nom
nations on a Sunday.
As to the first of these questions, al
though there is some doubt existing as
to the status of the law in regard to
the same, all the recent cases we have
been able to find, hold that in com.
putting the time within which an act
required by any statute must be done
if the last day falls on Sunday, it can !
not be excluded and the act done on
the Monday following, unless there is |
some statute providing that the Sunday |
should be excluded from the cOmputa- !
ton. This rule of law we find laid !
down in many of the highest courts of |
the mainland including the Supreme /
Court of the United States. 1t is like
wise the well settled rule in England. !
There is nothing in the election laws |
expressly or by implication excluding |
Sunday from the computation of time |
The fact that the law does expressly /
include Sunday when falling upon the /
asst dav for doing certain acts in GER