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

voter In accordance with the require
noLt ~ The statute aad not ,,uel-
we. a queAtiUh vi lne N1ud.iy OF
the bal.ot Is not involved In the In.
spectU.s duty II such be their duty.
to close the pols al i've O'Clock. II
any wong Is dune or mistake made
by them in keeping open longer 1t
might come under the head Of NAL
conduct and be the cause OF conte.t
under such statutes as those Of Cali.
fornia, above cited. Giving the
broadest scope then to our statute
and assuming solely for the purpose
OF this case, and not as a pre- edent
for future cases, that Il was unncc-
essary that any question should be
presented for the inspectors to pass
ubOh concerning the validity of the
ballo but that their mere act of
counting ballots is TO be treated as
decision, still II is clear that a case.
such as Is authorized b. the statute,
is net presented by the petitioner.
Nothing Is gained b. cOn5idering de.
c!sions made elsewhere under stat
utes unlike our own.
'The diversity of state legislation
upon the subject renders the local de.
cisiCns Of one state Of little aid in
CONSUMING the ele ton laws Of an
other. Each act must be viewed in
the light Of the Legislative vii. as
expressed, and hence the citations OF
authorities by appellee under the par.
ticular enactments OF different States
such AZ California and Pennsylvania.
are innpplicable here" Bull south
wick. Gildcrs,ceyc (N. NJ, sci.
$40.
, Thus the ease from 1875 Cal. lG. re-
lied on by the petitioner. was
brought under n statute similar to
our gro warranto, as amended by the
act tf 1907. authorizing actions for
usurpation Of an Office and authoriz.
Ing the count to determine whether
the incumbent Ct the Office held il
lawfully or uulawfully. The only
questio In that ase argued nv coun-
sci or discussed by the court was
whether at the e'eciion Ct the mayor
OF san Francisco the polls had been
legally closei In two of the city
wards at FIVE o'clock. as required by
the general State law, or. rs was
done In the other wards. at sundown.
rs required by the mayors pro lama
tion issued under an ordinance
= tnf. - a,,tt IA a
the city charter. The court. hold
Ing that the charter authorized the
ordinance and therefote that sun
q down wPa the CORE I hour for clos
!. ing the po ls. necessarily held that
b. the election was invalid In the wards
. In which the polls were clGjeG ut five
O'Clock.
In Kentucky the law appears C
3 authorize the court to annnl an ele =
non IL Il Is Illegal; and 1t was held
y In the cases cited from SO Ky. $50
and 104 Ky SAC, re led upon by the
petitioner. that keeping the polls
open long after shutdown, the time lie
qulred by the constitution. in con
nection In the second of these eases
!, with other grave violations of the
, lelectiCn laws. made the ele tons H.
, legal. .......
On the cher hand, the consider
!, able number Gf decisions cited by ih'
. Respondent. that noncompliance will
statutory requirements do not In
= validate an e,ectiCn Tn the & aun'
1 tha' no harm was done or that Thu
statutory requirements We're merel!
n directory, have 10 bearing upon Thu
L. present case viii n rests upon tn
o lack Of judicial power, on any o
the grounds named In the petition
a to annul an election OF To declar
;. who was elected.
20 Al held In Ellinsham Y. Mount, q
n. J. l.. 40, 473:
% These proceedings cal ing In ques
I; tion this election, were Instituted b.
~ the authority of the provisions of tn
elt tion law embraced under tn
" ninth head. which relates to contest
10 ed elo lions Ct county and ttwnshi
officers. Rev. p, a5j. The entir
d remedy thus given is a statutory de
De vice. and no part OF II has any exist
r. ence outside OF this ena tment: and
DR. upon inspection It will be found tina
the extent of this remedy has bee
IL carefully defined. The act, plainl,
T. does net give this method OF redres
In every case In which an Illegal ele
" ton has occurred. II such had bee
" the design, judicial jurisdi tion owe
y, the subject would have been given !
w general terms: but. go far is TIL
from having been done, the ground
81 such Jurisdiction are CAREFUL
20 sperined and described; SUI h ground
~ being distributed under seven dii
tinct heads"
o.l The statute enumeraies the cause
~. tt - .l,., Ia