Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-15
REPUBLICAN FILINGS VALID
Continues from Pas. y

have the honor to acknowledge re-
ceipt of yours of 14th inst. requesting
my opinion on certain facts hereinaft-
er stated, together with a protest dat
ed October -, 1912, from NJ. c. Pa
checo. chairman Democratic Territor-
ial central committee. and a citizen
and taxpayer of the territory of Ha-
vail against placing the names of II.
A. Baldwin as a candidate for Sena-
tor and of John Wilcox, Edward Wal
aholo, p. J. Goodness, A. f., Tavares.
Charles Makekau and George p.
Cooke as candidates for representa-
tives on the official ballot for the COM
ing elections ION the ground that said
candidates have not filed their nomi-
nation papers in accordance with Act
s. on the Session Laws of t911."
The facts submitted to me are sub
stantially as follows: D.
The nomination papers in question
reached you through the mails on Oc-
tober 5th, and were accompanied by a
letter addressed to you by one s. E.
kalama, Republican Campaign Man
ager", dated Makawao. Maui October
4. 1912. 4 These papers appear to be
regular on their face, i.e.s they we're
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 accompa-
MED by deposit of twenty-five dol
lars. None of the candidates stated
by what political party they had been
nominated or what their party affilia:
lions we're.
On account Of your not being fur,
nisiied with information regarding
which political party had nominated
these candidates, hor whether athey
were non.paftisRn, you. refused to &C.
cept the nominations for filing. and
wirelessed TO each Of the candidates
asking them to furnish you with this
information and feferfing them to
Act 81, Session Laws 1911. The fol.
lowing day, you received the follow.
ing wireless message from Wailuku,
Maifit1 H..l- 49, ,sitA - 3tnauhru g.. g,
:t.Ncmfnated by Republican i
Pafty state in nomination papers 1
wares lWaiaholo Wilcox. - 80
Cahdidate q. P. Cooke was in Ho-
nolula at this time and on October 6
called aksypHr office and wrote IRE:
publican Party" plainly across his
nomination papers. 5Glearly, I'm his
case, therefore, there fcan ssibe no
doubt that he has made the state
ment required by Act 81, Session
Laws. .1911 and Your duty to place his
name on the official. ballot Is obvi-
ousrih-it<a ,tapris i -. ~.-4:".
Upon the receipt of the wireless
from Waikiki above set forth, the
nomination papers of the candidates
were stamped with the .Secretary,s
receipt stamped and marked October
s, 1912, at 1905 p. m. 1
The questions upon which you de-
sire my opinion are as follows:
l. Whether You should place the
names of the candidates protested
against upon the official ballot?
2. If that question be answered in
the affirmative, whether You should
place the party utilization of the can
didates on, the Official ballot? !
3. 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 Officer
4. Can the candidate state his
party utilization through an agent or
by the officers of a political party
acting in his behalf?
The protest of Mr.. Pacheco is "fbr
the reason that said candidates have
not filed nomination papers for the
respective offices of Senator and Re
preventative 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 Re
Vised Laws of Hawaii, does not pre-
scribe the method by which rlominar
lions of candidates to the Legisla-
ture shall be made, nor attempt to
state what nomination papers shall
contain. Such method is prescribed
by Section 81 Revised Laws BY the
plONloI1Ao VI OOCtlOH O1, "ucn uOL
less than twenty-five duly qualified
electors have nominated and re-
Quested candidate in writing to run
for the Legislature, and such nomina-
tion 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 it on file.
Before the election the Secretary is
required by law at public expense ,oI
print the necessary ballots and Sec
ton So of the Revised Laws, as
amended by Act 81 of the Session
Laws of 1911, prescribes 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,
and the term or terms of the respect
i've offices being voted for and such
candidate shall, at the time of filing
his nomination D3DarS state nv what