The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-10-16
SUPREME COURT
SETTLES ISSUES
OF PRIMARY ACT
---
No Candidate For Legislative Of
flee Can Be Elected At
First Contest
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Organic Law Fixes Date For
That Purpose, Which Cam
not Be Altered
tFrom wednesday Advertiser

(From Wednesday Adyertiser.)
Section SO CT the Organic Act. az
amended June 20. 1906, authorizing the
legislature TO alter or amend the cleo
tion laws Of the Territory, does not
authorize the legislature to provide by
statute for the election Of members OF
the legislature at tine othsr than
that hxod by section IA o. tao oreanio
Act for the holding OF general cleo.
lions,
From the syllabus Of tho supreme
court decision rendered VI sterday In
the petition for a writ ~ mandamus
brought by G. II. Cooke against W. w.
Thayer, territorial secretary. and
David Kalauokalani Jr., city clerk.
Even had IL beeh shown that Clar-
enee II. Cooke received a majority Of
the vote cast at the recent primary
In the fourth district for nomination
as Republican candidate for the
house of representatives, the opinion
Of the supreme court Use - the effect
that Cooke was not elected outright at
the primaries and will have 10 take his
chances with the other candidates NJ
the regular election in November. This
settles the ease 50 far al G. n. Cooke.
ID. Paul X. Isenberg, Norman Watkins
and William T.. Rawlins are concerned.
Their names will go again on the Off
eial ballot and they must be elected
in November in order TO serve Ia the
legislature.
Scope Of Primary Law
eve hold that the proviso contain.
ed in section l6 Of the primary law
can not legally apply TO candidates for
membership in the egislature,'' says
the supreme court opinion in eonclu-
sion. sour answer TO the first ones
ton reserved is in the negative. :,
In the syllabus the court also holds
that ttthe proviso contained In section
10 of Act ISL of the session laws Of
1913, to the effect that any candidate
at a primary held pursuant TO the Act
in the month Of September who re.
ceives o majority Of the registered
voters voting Of the district in which
ne Is a candidate shall be thereby duly
and legally elected to the Office for
which he - eandidate, can not apply
illegally to candidates for membership
in the legislature in view. of the provi-
sion Of section IA of the Organic Act
that general biennial elections for
members Of the legislature shall be held
on tho Tuesday next after the first
Monday in November y
opinion BY. chief Justice
The opinion Of the supreme court
was written by Chief .Iustice A. G. M.
Robertson and is concurred In by Asso-
eiate Justices r. M. Watson and Ralph
+ Quarles. r. w. Breckons appeared
for Clarence III. Cooke, the petitioners.
and Ingram N. stainback, attorney
general, for the respondents, Thayer
and Kalauoknlani.
As far as this opinion is concerned
no other feature of the primary law
was passed upon by the supreme court
and the many doubts which have been
generally expressed in regard TO the
constitutionality Of the act remain uu.
settled, for the court was not called
upon az the petition in question to pass
watkins WIN Withdraw
Representative Norman Watkins, who
was the third highest IN the number
Of votes received in the fourth dis
trict, at the recent primaries for mem
bers Of the house Of Representatives,
will withdraw as candidate, his place
on the Republicans ticket to be filled by
the territorial central committee Of that
political organization.
s''I win file my withdrawal as can.
didate with Mr.. Thayer, the territorial
Secretary said Mr. Watkins last
night. " have already notified the
tarntorial central committee of the
party of my intended withdrawal.
OF course, ! could let the thing
slide, fail TO pay my nomination fee OF
twenty-five dollars within tho required
period and that would settle il. But
this would not be doing the right thing
by the party, as the ticket would In
such case be minus a candidate. BY
fling my notice OF withdrawal with the
territorial secretary the party organiza,
ton will then be in position to act
and select the candidate who will take
my place.
Business Is Reason
Mr.. Watkins has already given his
reasons for Withdrawing as candidate.
His business has been affected TO a
great extent, ON account of the present
war in Europe ana Mr.. Watkins has
deided that he must devote his entire
time and energy 10 his business IN
tefests in order that these may not
suffer more than would otherwise he
the case
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