Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-15
REPUBLICAN FILINGS VALID
tEsn.istkd sfsn 80 1pt

The a10fney1gen9EaI Ssopin10n, an-
dressed to Secretary Mott-Smith, says:
IhaNe the honor to acknORleage rs-
ceipt OF yours OF 18th inst, requesting
my opinion on certain facts hereinaft,
er stated, together with protest dat
ed October ~, 1912. from n. 6. Pa
checo. chairman Democratic Territor-
ial central committee. and a citizen
and taxpayer of the territory Of Ha.
wall against placing the names of H.
A. Baldwin as candidate for Sena-
tor and Of John Wilcox, Edward Wai-
aholos p 4. Goodness, A. F. TayRres,
Charles Makekau and George p.
Cooke as candidates for representa-
Tires on the official ballot for the COM
ing elections. sson the ground that said
candidates have not flied their nomi-
nation papers in accordance with Act
81 on the Session Laws of 1911"
The facts submitted to nae are sub
stantially as follows: ~
The Nomination papers In question
reached. you through the mails on oc-
tohen 9TH, and Nerelaccoinpanied by a
letter addressed to you by one s. E.
Kalama, Republican Campaign Man
ager", dated Makawao. Maui. October
4. 1912. These papers appear % be
regular en- their face Ia. they we're
signed by ats leasts tNenty-five duly
qualified ,eleetors Of the district Fin
which the candidates propose to stand
for election, they were deposited with
you within the time prescribed by law,
and each nomination was accOmpa-
MED by q deposit o. tWefity-five dol
lars. None of the candidates STATED
by what political party they had been
dominated Or what their party affilia-
lions were.
On account OF your not being fur
aished with Information regarding
which political party haa fionihated
bhess. candidatess. Or NhetheE they
wereF non-paftisan yDu lfsfnsedpfo ac-
cBpte thaa nnlliaatiois f0ks4iling, and
Wirsleesedg 10 seaah yafl thu candidates
asking them stnl furnish y0K NTH this
inEenshatie and s referring theaA TO
AzAiRF, tDsssion LAVA 1Blk 1Flle fol-
loNins adags yaIie reaeissdp the follow.
ing wireiBss message from Wailukil,
Matii;E star 500 sreeigGii tEs s1
as s1luifiihAtei colby ssRap1blichn
ARafty state In nomination papers
BallMihsa aoOdness MakekanATa.
wares Waiahol0s Kfileon.nsss ala,.
Candidate % kR.s 0ooiEa tWhsain Ho-
iiolitln at this time and aOn October
called aAkat sui offices aha MroteE Re-
publican, Phttytlia plainly ai aefusA his
npfaination apapelase Clsafisssiin his
paSa,s therefore, s,theres can ghe ne
6onbksskhat bAvhas fnntiar The state
naHnt feqsired~ byHAnt Ell Session
Laws iS1lf and nour duty to place his
name 0slifhe dofffcialS ballot issu Obvi-
0ilss I'LL and yestf ,iiits IL piap
naUpon athsi feeelpt@ Or the wireless
from Waikiki above set forth, the
nomination papers Of the candidates
were stamped with the Secretaryis
receipt stamped and marked October
., 1912, at 7:O6 p. m. -
:. The questions Apon which you de-
sire my opinion are as follows:
L. Whether you should place the
names of the1,s candidates protested
against upon the official baliota I.
2. II that question be answered In
the affirmative, whether you should
place the party utilization of the can
didates on the official ballot?
Is. Should the candidate state his
party affiliation simultaneously with
the filing of his nomination papers or
can he so state subsequently and by
separate letter of later date than the
date OF placing his nomination papers
in your office! sar 80
A. Can the candidate state his
party affiiiation through an agent or
by the officers OF q political party
acting in his behalf? & gs S
The protest Of Mr.. Pachecn is sfof
the reason that said candidates have
respective offices Of Senator and Re
preventative in accordance with Act
81 of the Session Laws Of 1911 of the
Territory of Hawaii. a =
{. Act 81 of the Session Laws OF fS11.
which amends. Section s. of the Re
yised Laws of Hawaii, does not pre-
scribe the method by which .nonaina
tions of candidates to the Legisia-
ture shall be made, nor attempt 20
state what nomination papers shall
contain. Such method is prescribed
by9 0cCStC4l I1CN1SCa 16WSs.4s Lie
provisions of Section 81, when not
less than twenty-five daily qualified
electDfs have nominated and re-
euested candidate in writing I'd. run
for, the Legislature, and such nomina-
ton is deposited with the Secretary
within the time prescribed together
with the required deposit, 1t becomes
the duty, Of the Secretary to receive
such nomination and place 1t. on file.
Before the, election the Secretary Is
required by. law at public expense 20
print the necessary ballots and Sec
ton 60 of the Revised Laws, as
amended. by tAet 81 D. of the Session
Laws Of 1911, preseribes what the
Secretary shall print on such ballots,
viz the name or names of the per.
son or persons to be voted for, the
office or offices for and the District
in which the election is being. held,