The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-10-18
DECISION SAVES
NOMINATIONS
MADE
lFrom wendnesday AdvrlL.erl

reason why the nomination papers are
not valid, is in substance the opinion
rendered by Attorney General Lindsay
yesterday to Secretary Mott Smith.
1t is not fatal to his nomination. -
Sa-s thr attorney general, ''if the can
did1te tails at the time of fling his
nomination papers to state his party
ai!liation, and he may do so subse-
qnently and by separate lester of later
date th1n of placing his nomination
lpapers in your oliice.''
When several nomination papers from
the other islands reached Secretary
MottSmth, minus the party an hation
of the nominees, the secretary interpret
ed the law against the candidate Is pa.
pers being accepted. He sought an
opinion from the attorney general, who
interprets the law differently, and be-
lieves that his opinion will be sustain
ed in the courts if it ever gets there.
i Democrats and Republicans alike failed
to place the names of their parties on
their papers, and it would have been
half a dozen of one and six of another
had papers been rejected on this ground.
Attorney-General Lindsay states the
situation in his opinion as follows:
Decision on Protest.
81 have the honor to acknowledge
receipt of yours of 14th inst, request
ing my opinion on certain facts herein
after stated, together with protest
dated October 10, 1912, from NJ c. Pa
checo, chairman Democratic Territorial
entral Committee, and II citizen and
taxpayer of the Territory of Hawaii,
against placing the names of II. A.
Baldwin as a candidate for senator and
. nf TDbr Nt1nnN ri 81 b,,1n %
J. Goodness, A. F. Tavares, Charles Ma
kekau and George p. CooEe MS candi-
dates for representatives on the official
ballot for the coming elections, on the
ground that said candidates have not
led their nomination papers in accord
ance with Act 81 of the Session Laws
of 1911
! ''The facts submitted to me are sub
stantially as follows: The nomination
papers in question reached you through
the mails on October 8, and were accom-
panied by letter addressed to you by
one S. E. Kalama (Republican campaign
manager), dated Makawao, Maui, Oc-
tober 4, 1912. These papers appear to
pe regular on their face, i.e., they were
signed by at least twenty-five duly
qualified electors of the district in
which the candidates propose to stand
for election, they were deposited with
you within the time prescribed by law,
and each nomination was accompanied
by deposit of twenty-five dollars.
None of the candidates stated by what
political party they had been nominated
or what they party affiliations were.
"On account of your not being fur.
nished with information regarding
which political party had nominated
these candidates, or whether they were
partisan, you refused to accept the
nominations for fling, and wirelessed
to each of the candidates asking them
to furnish you with this information,
and referring them to Act 81, Session
Laws 1911. The following day you re-
"eived the following wireless message
from Wailuku. Maui:
% Nominated by Republican party
state in nomination papers Baldwin,
Goodness, Makekau, Tavares, Waiaholo,
Wilcox.
Candidate G. p. Cooke was in Ho-
nolulu at this time and on October
eaned at your Office and wrote "Repub-
lican Party" plainly across his nomi
nation papers. Clearly, in his case,
therefore, there can be no doubt that
he has made the statement required by
Act ST. Session Laws 1911. aLd your
duty to place his name on the official
ballot is obvious.
Protest Not Sustained.
"The protest of Mr.. Pacheco is for
the reason that said candidates have not
filed nomination papers for the respec-
tive Offices of senator and representa-
tives in accordance with Act 81 of the
Session Laws of 1911 of the Territory
of Hawaii
"Act 81 of the Session Laws of 1911,
which amends section SO of the Revised
Laws of Hawaii, does not prescribe the
method by which nominations of candi-
dates to the legislature shall be made,
nor attempt to state what nomination
papers shall contain. Such method is
prescribed by section 81 Revised Laws.
BY the provisions of section 81, when
not less than twenty-five duly qualified
electors have nominated and requested
a candidate in writing to run for the
legislature, and such nomination is de-
posted with the secretary within the
lime prescribed together with the re-
quired deposit, it becomes the duty of
the secretary to receive such nomina-
tion and place it on file.
"Before the election the secretary
is required by law at public expense to
print the necessary ballots and section
SO of the Revised Laws, as amended by
Act 67 of the Session Laws of 1911, pre-
scribes what the secretary shall print
on such ballots, viz: the name or names
of the person or persons to be voted
for, the office or offices for and the dis.
trict in which the election is being held.
and the term or terms of the respective
offices being voted for, 'and such can
didate shall, at the time of fling his
nomination papers, state by what DO
litical party he is nominated or his non
, craftsmanship as the case may be, in or
der that such party afIiliation or non
) partisanship may be printed on the bal
lot in front Of the name Of such candi-
date.
The purpose, then, OF section 90 is
! not to prescribe the method by which
nominations are 10 be made its purpose
ls to guide the Secretary In making up
the official ballot, aud while by Act az