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

arately. provides tart iO) I'm case
any election To seat In either House
Is disputed and legally contested. the
Supreme Court shall he the sole hdgo
Ct whether or not legal election -?
such seat has been held; and. n II
shall find that q legal election his|
been he'd. 1t shall be the soie jul GO
of who has been elected" II will be
observed that the power IL very g.eIt
under this article aud authorizes the
supreme court to determine general.
ly whether an election is legal Of
not
Act 8 OF the Laws of the Repub
lie Of Hawaii. relating to elections and
contested seats In the Legislature,
onumC.ates In Sec. the causes for
which the seat % any elective mem.
ber Of the legislature shall become
vacant, being substantially the same
"a those enumerated In the former
law, and provides In Sec. s: ANY
candidate directly Interested. or any
- du uuailfied voters OF any
election district. may file petition
In the Supreme Court. setting forth
any cause or causes why an election
shall be declared void or seat In
the Legislature vacant or the deci.
si3n of any BoarI of Inspectors or OF
the Marshal or my Sheriff reversed
~ CHANGED" Sec. ~ provides that
II at n hearing of such petition the
nnuing shah be that the election
was invalid or the seat vacant a new
. elr' Hnn shall at once be ordered"
:. In none of the laws cited was there
any authority for the court to de.
. clare who was elected. its r5wer be.
ing confined to declaring an election
: void in any OF the CASES enumerated.
BY the Organic Act the legislature
/ passes upon the qualifications of its
members and by implication the su
. preme court could not take jurisdic
. tion OF any petition to declare void
the election Of sorrto~ or rer"ncen.
ta'ive or to determine what candidate
, We. legally elected Act 80 s. H.
' 1875, commonly referred To as the
: County Act, os well os Act ais s. l.,
! 1907. lncorr Grating the City and
. County Of Honolulu contains only
!. that portion OF the above cited laws
!. which authorizes this court TO hear
; petitions In contested elections to re-
. verse. correct or change the decision
. OF anv board Of inspectors on "qnes'
1 tions as To the validity of any bal
e lot"
d The Legislature his not granted t.
/ this court the authority to declare
i elections void for Illegal acts other
than are shown In inspectors deci
I SONS unon the validity of ballots
l. and thoTc are the only decisions
Q which can be reversed or chang
" 81 In proceo ling brought IN
+ der Sec 81. Act l1s. S. l.. 1907. The
, petitioner does not aver In his peti
Q ton that any such question came be
!, fore the boari for It's decision or wa
n decided. unless counting the sixty
n four ballots cast after Ave o'clock T.
It decision. in the absence OF an,
Y question raised that those ballots
G wee valid.
hut II Is conceded In argument by
h the petitioner that the questions
& for the board OF INSPECTORS TO pass
" upon In reference to the validity o
& any ballot" are confined to the pro
g ,'gic-- ~ s"c''"t w. Y. lSen. los
a. Ap. C. Ii, reading MS follows:
r Reelected ballots. " move name
e. are voted fer on ) lot than Their
Ie are Offices ~ hn GnHd: or.
" III on n ballet for representative"
n larger humble" If votes are marke
d. thrn the law authorizes; or.
Is "R a b1llot cNnta'rs any mark o
Is symbol whereby ii may b, identified
* or any r,h"k or symbol contrary 4
n tho provisions hereof: CT.
re "If two or more ballots are fonn
he In the ballot box so folded togethe
IS ns to mix, It c'nlriy evident tn,
IL -rc~e 'h"' c"e" ballot was put In b
Sc one person; or
be, n ballot In any other way b
:" contrary 10 the provisions hereof
ig then such ballot and all 1t contain
&c must be rejected.
or "Dut no ballot shall be rejected 10
he containing less number of name
IN voted than the law authorizes.
d. Each ballot which shall be bel
n 10 be invalid IS aforesaid shall b
In Endorsed On the back by the chat
,r, man of inspectors, with his name
II Initials. and the word rejected"
on I. Is app,ren' that this section OF
re " Is referred to In the following Sc
ce ton:
IN Sec. %. Validity OF ballot deci,
he cd immediately. All questions as
he the validity of any ballot shall b. d
IL clded Immediately. and the opin!2n
or majority of the inspectors shall |
FINAL and binding"
se II is true that by Sec. 40 of Act II
IN S. l. 1907. The general laws az
ne rules governing an election OF sena
. ors and representatives OF the TIE
'ct rltory shall apply In the election