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

w 'ouiNihpidAt y 'lNFlNE w Nht p'hH
at ) o'clock aud the polls having been
kept open until $3.50, could anyone
have been misled or left In ignorance,
after the acceptance and counting Of
the sixty.four ballots, as to the decis.
ion of the inspectors that those bal
lots were valid? We think not. The
same is true of the acceptance and
counting of the exhibited ballots, II
the exhibiting was with the knowl-
edge of the inspectors.
1t may be said that the use Of the
word cast in the phrase in Section
Sc, "all questions as to the validity of
any ballot cast - Bod a shall be dccid-
cd" shows an intent on the part Of
the Legislature to couiine decisions to
ballots which are already in the box
and excludes the legal possibility Of
decision prior TO the physical pres
cncc of the paper in the box. 1t seer
to us that this position would not b."
sound. A ballot may be cast, within
the meaning of this section, which Is
not yet physically In the box. II is
cast when the voter has exhausted all
reasonable efforts to have II placed In
the box Inspectors certainly are not
compcllablc, closing their eyes to II
regularity and TO all glaIing causes of
invalidity, to accept every paper of
fcrcd as a ballot and put II in the box
II voter after receiving blank bal
lot openly and dcnantly leaves the
polling place and marks his ballot out.
side ut the dictation and In full view
Of u candidate. and then offers to
place his ballot in the box. or IL such
offer be made by person who admit.
tcdly has already cast on the same
day a ballot In the same precinct, or
by an alien, or by woman, or by one
indisputably minor,--in every such
inctancc inspectors may then and
there decide" within the meaning of
the statute, that the ballot is invalid
and may reject the same. That Is one
Oh 'he innings that they arc there ior.
The Legislature so intended. II would
be proper practice, undoubtedly. In
such cases, for the inspectors after
"'aINihs 'i'cni ior remuneration 10 set
as'uc anu preserve ior possip'c use III
this court on u contest, all sach bal.
'o's' p"' .ne TACT rcn''ihS' as we thihK
'n"' '"o oo'iSioh contemplated III the
S'''ute may '"hc ln'rc peiorc' as wei
as "'.' ,"e p"!Sra' presence VI '"'
paper u" '"e o'N' INC "oSeneo VI any
PRIV 'o'' Ie'u'iins t'c nla'NI"s q TO-
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'ne' s"'' ''''o'ioii ''Nes pace o'ioic
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