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

vote; and on the part of the board
VI inspectors In permitting more per-
sons than are authorized by the stat
ute. Sc. 10 n. H.. to be within the
space around the polling place set
apalt In o der to prevent Interior
,n,e with the conduct Ct the ele :
tion. and In keeping the polls open
for about an ohur after FIVE o'clock
and counting the ballots. about sixty
four IN number. east In that time by
voters who had voted af er that hour,
Sec. as II. l.. prescribing that the
polls be kept open until Ave o'clock
unless all the voters registered In
the precind shall have voted soon
err. "after which the polls shall be
closed and the votes counted"
No question Is presented as to the
invalidity of any ballot for noneom-
pliance with the provisions of Sc
81 II. l.. In any CT the ways therein
enunera:ed or In any other way con
trary to the provisions OF that soc
ticn. in any Of which cases the in
spcciors are required to mark re
iected" On the ballots. The section
in full Is as follows:
Sec. Subjected Da.iots. u more
rames are voted for on ballot than
there are Offices to be filled; or
"Ir on a ballot for representative
= larger number OF votes are marked
than the law authorizes; or,
II ballot contains any mark or
symbol whereby II may be Identified,
or any mark or symbol contrary TO
the provisions hereof; or.
"lf two or more ballots are found
IN tho ballot box so folded together
as to make Il clearly evident that
more than one ballot was put In by
one person; or,
III ballot IN any other way be
contrary to the provisions hereof,
then such ballot and all II contninS
must be rejected.
"Bu. no ballot shall be rejected for
containing less number Of names
voted for than the law authorizes.
Each ballot which shall be held to
10 invalid as Aforesaid shall be In
dorsed on the back by the chairman
OF inspectors, with his name or ini-
tials, and the word rejected.
The court being agreed that no
cause OF contest Is shown by The ac-
ton O. the inspectors In keeping the
polls open aud counting the votes cast
after I'VE o'clock. the only question
on which the court has not agreed Is
upon the necessity OF II decision upon
the validity OF ballots cast by voters
who had wiifully exhibited them. II
acceptance aud counting OF such bal
lots were regarded as deciding that
they are valid. and II the inspectors
have not set the ballots apart for
! Identification In order that their deci-
sion may bc reviewed In contest MP
on It's correctness. then In every sucl
instance. and whether the inspectors
were right or wrong. rs those ballo.s
are not before us. It would be impos.
sible TO take evidence of the voter oil
OF others OF the exhibiting or Of IT.
wilfuiness, for II may be done limo
Gently aud others may not have seen
the names voted on the ballot
Hence the necessity OF decision
being made, however informally, by
the inspectors upon question as to
the validity OF any ballot cast at al
election II contest IL TO be made
upon the correctness of the decision
Whether the question of the yalidit,
OF any ballot be presented when II |!
presented or after the polls ar,
ciosed, |. Is ballots which are cast
to which the decision OF the board o
inspectors relates.
II ballots are accepted aud counte,
without objection, and perhaps with
out the attention OF more than one In
spector having been drawn to the fac
that they wee marked so that other
might, and perhaps did. see I'll,
marks. or II he thought there was n,
exhibition of the ballots. or none vii
fully made, there would be no deci
sion on the subject made bv tn
Board. and no contest on the decision
: could be made.
II violations OF election laws by In
spectors. voters. candidates or 9th
ers make an election Illegal. II nigh
: he so decided In quo warranto pro
4. ceedings in which the court passc
/ upon the seriousness OF the violation
! of law from their possible effect up
/, on the election or upon the law bein
: mandatory, whatever the result OF II
!. violation. but not on u contest upo
, decisions Of inspectors which hav
? not been made and to which the stat
, ute authorizing election contests doe
!, not refer The effect OF this concir
:, sion on future elections will perhap
!, be that the inspectors. voters an
candidates will be more alert and oil
; serve the requirements of the la,
and any violations thereof.
asrse that this case Is not to b
= decided on "tcchnicalities." teri
. IL. a.