Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-12-06

elections because such. officers have
failed strictly to comply with tie
law. as In matters relating TO arrlng,.
meni Of polling PAGES. would be to
encourage Irregularities committed
for the very purpose OF invalidating
an election. an election Is not invalid.
atnd hv reason of such noncompliance
with the requirements Of the election
law. Hayes v. lakewood. 1876 Cal.
39G An entire vote Of ward or OF
city should not be rejected for nal.
conduct of the election board when It
, arr ears that everything WIS done in
coed faith AMI that no fraud was
committed. Atkins"n v. I.owbner. III
Cal. 4l9 The fact that candidate
, W ongfully procured his nomination or
had his name Illegally placed upNn
tickets Is not ground for contest M.
der the law quoted Powers v. Hitch
cock 1879 Cal. 325. Aiding and abnt.
ting registering officer in the HE
gal registry of voters does not con.
stltute ground for contrasting an cleo.
ton. Meredith v. Christie. ca Cal.
81. II Is not cause for an election
contest that the candidate de,llred
elected had not complied with the
| purity of election law. Treaner v.
Williams l45 Cal. 3l5.
Hawaiian legislation upon election
contests has undergone m1nv chang.
es. During the time when only repre-
sentatIyes we're elected and under
the constitution OF 1892 the Ieglsl,.
ture sat In seporate houses of nlbles
| and representatives. whenever Ants
or more of the voters of anv district
should petItion the house setting forth
that any porson choscN as represen.
tatIye for the district had been elcc.
ted through bribery or any other mn.
fair meobs. or that he IL not aualiaod
according 10 law" the house was re.
uuired TO institute an inquiry as TO
the truth of the charges and n they
found them to be true to "immedi.
ateIy declare his election null and
void" Sec. 196 C. c. The constit,l.
ton of 1887 which retained the sin.
gle house legislature. under the con.
stitutIon OF 1864 consisting of nob,es
ami REPRESENTATIVES, sitting togetbe..
In Art "a made tho mobiles elective.
/ In Act 70 &. l.. 1883. amending AMI
consolidating the election laws of The
Kingdom introducing the Australian
ballot law ore the following proyl.
sions for annnllpg elections and va.
eating seats of elective members: II
Is declared In Sec. rs that the seat
OF any elective member OF the legisla
ture should become vacant n hc
should die, resign or be convicted OF
any of the offenses dIsauaIifying per
sons from being elected or OF a vic
lation of any of the provisions Of the
act as well az for bribery. frau /,
. miscarriage or default OF the member
or of his agent whereby his election
might be Wtiated and In Sec. 70 that
upon petition OF not less than thirt,
voters OF the district in which there
was an alleged vacancy setting forth
! "any oanse or causes alleged for sucl
vacancy" the legislature should ex
| anime the question OF the vacancy OF
/. dispute thereon and take full eyf
dencc ION all matters pertainin,
: thereto" and II II found the seat va
( cant or that II ought to be so declar
ed new election should immediate
{ W be ordc.cl by the Minister Of tn,
a Interior On notice Of such vacanc,
k from the President of the Iagisla
@ ture." Sec. rs provides for proceed
ings In court for 1nnu.llng election
[ that: "ln addition TO the method
Q hero,nbafore set forth for vacatin
!. any seat IN the Legislature any car
). ildate. or any ten persons who hav
vrted or were entitled 10 vote In tn
y district mav f'e petition address
d ed to the Chief Justice OF the 81
, preme Court setting forth any caus
r or causes. why IN election shall b
, VIC fod n seat be declared vacant.
g Sec. 80 declares that at tho hearin
n tho Justice shall cause the evidenc
=. ~ A., 80 h,oal Al .y,t,tnu A., f,,I ~