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

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voted for than the law authorizes.
Each ballot which shall he held to
be invalid as aforesaid shall be in.
dorscd on the back by the chairman
OF inspectors, with his name or mi.
tials. and the word rejected" This
was originally Section los &C. L.. APP
pendiX, p. S2i) of Rules and Rcgula-
tons for Administering Oaths and
> Holding Elections. promulgated by the
president with the approval of the
cabinet. under Section 20 OF the Con
stitution of the Republic. The word
hereof" in paragraph Ave of this see.
ton, clearly refers, as we think. not
to the section itself. but TO all of the
rules and regulations so promulgated
as ono document, otherwise the words
in the same paragraph lin any other
way" become meaningless, for the
ways" of the paragraph itself are
each and all specifically set forth The
expression lin any other way" was
certainly intended to add to that spe.
NlHC uSl ways III WHICH " DdllOJ
might be contrary to the provisions
mentioned. Nor do we find ourselves
able to construe this subdivision or
paragraph as referring solely to de-
fects on the face OF the ballot itself.
such as improperly placed crosols,
blots and marks of Identification. Such
markings and other physical defects
ON the paper itself had already been
mentioned in that section. Ballots
may be contrary to the provisions
hereof for reasons other than i'm.
proper marks or physical defects. a
few Illustrations may be OF assistance.
The Organic Act, in Section IA, names
a day In each two years when the reg.
ular election Is to be held. II one or
more ballots, otherwise valid, should,
after midnight at the end Of election
day, be prepared and offered to in
: spcctors to be deposited In the ballot
box, would they not be invalid, and
would II not, under Section "a, be
within the power and duty of inspect
ors to so decide and refuse to permit
the voters to cast thcm?, II in a pre-
cinCt having In full operation "a lawful
polling place fifty voters, for whom
lawfully prepared blank ballots had
been surrcptitiously secured, should
mark the ballots In saloon or other
unauthorized place, and II shortly be-
fore closing time box containing
those fifty ballots should be presented
to the inspectors at the lawful polling
place with the request that the votes
so furnished be counted. would not
those votes. although IN every way
correctly marked. be invalid, and
would not the inspectors be justified
and required. II they did their duty,
to then and there so adjudge and re-
jcct the attempted ballots? II ballots,
in every other way regular, should be
offered by women or by persons OBJ
viously minors would not the same
action be proper and requisite? We
cannot but think that these questions
answer themselves. In each such In.
stance the ballot would be contrary
to the provisions hereof" Not every
! piece of paper correct In color and APP
parently correct in form is valid bal
lot. The time and the place of the
marking and the casting. and the
identity and the qualifications OF the
person Offering it may all be, under
l.I,a tot In nt
monts essential to rendering 1t valid
ballot
In our opinion the fact that ballot
was prepared and cast after ) o'clock
presents an issue of validity or inva'
lidity TO be determined in view Of the
provisions of the statute. SO also
does the fact that the voter mot dis
abled. under Sec. 80. n. L., after
marking his ballot, and before casting
It, wilfully exhibits It to another. How
these two questions Of alleged invalid.
ity should be determined, whether for
or against the contentious of the petit
, toner, is a wholly distinct matter.
Both were questions capable OF being
. decided" by the inspectors one way
or the other under Section So of Act
lis.
! But It is said that il does not appear
from the petition that the. inspectors
made any decision" concerning the
ballots claimed to have been exhibit
cd Whether or not IL can dc held
/ that there was decision relating to
/ the ballots the exhibiting of which
, was not seen by or known to the in
, spectors at or shortly after the eXhib-
: iting, need not be determined on this
, demurrer. II Is a question which has
. not been argued and which may not
: arise at the trial. Since, however the
), petition Is held amenable In certain