Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-10-14
ANOTHER ROUND
ON THE PRIMARY
Law CALLED FOR
Attorney Breckons Petitions
Supreme Court for Rehear-
ING in Cooke Case
MAINTAINS ERROR MADE
I'M PREVIOUS DECISION
Draws Attention to Alleged In
correct AnachroniSm in RM-
. ing as to Election.

Holding the supreme court has erred
In its conclusions regarding the amend
ments to the Organic Act relating to
the election laws of Hawaii, Attorney
r. w. Breckons, representing Clarence
H. Cooke, this morning filed petition
In supreme court asking rehearing
OF the reserved questions involved in
Cookies mandamus suit against the
territorial secretary and county clerk.
The suit, it win be remembered, was
brought as test case, 10 determine
whether Cooke and three other Repub-
lican legislative candidates in the
fourth district were elected at the re-
cent primary.
The portion OF the supreme courts
opinion, given yesterday, to which
Breekons takes exception, is as fol-
lows:
@The first section Of the Organic
Act provides that the phrase the laws
Of Hawaii as used in this act without
Qualifying words, shall mean the con-
stitution and laws OF the Republic OF
Hawaii In force on the 18th day Of
August, 1898, at the time of the trans.
fer OF the sovereignty Of the Hawaii
an Islands to the United States Of
AnericA We think the. election laEss
OF Hawaii referred TO III the amend
ment to section IS were none other
than such as were included In the gem
eral definition OF section 1. =
Breckons now contends, however,
that this amendment, made In 1906,
expressly includes within "the election
laws of Hawaii" those providing for an
election of delegate to Congress-,
which were not part Of the Hawaiian
election laws Of 1893, and that there
fore the -election laws Of Hawaii" re-
ferred to In the 1906 amendment must
have included those for delegate and
members of the legislature as well as
those for county officers.
Rehearing Not Settled.
The petition for rehearing was
filed with Chief Justice A. G.. NJ. Rob-
ertson. Whether the petitioner will
be granted hearing Is not yet an
nounced. There need be no hearing
unless member OF the tribunal de-
cides Breckonsf contention has suffi-l
cent merit to warrant further discus
sion.
Attorney-general Stainback, discuss
ing the new petition today, said he be-
lieved the supreme courts opinion was
entirely consistent.
In the petition filed this morning It
Is set forth:
Comes now Clarence H. Cooke, re-
lator and petitioner In the above en-.
titled cause, and petitions for rehear-
ing herein, ON the questions Of law
reserved to this court
"And said petitioner, briefly and dis
tinctly stating his grounds for his pc
tition for rehearing, says that by
the opinion Of the court herein It was
held that the words ''the election
laws" Of Hawaii referred to In the
amendment to section 85 OF the Organ,
ic Act, were only such as were In
cluded in the definition Of section 1 OF
the Organic Act or the territory Of
Hawaii; that section / of the Organic
Act Of the territory OF Hawaii defines
the laws Of Hawaii" as meaning the
constitution and laws of the republic
Of Hawaii In force on the 18th day Of
August, 1898. at the time of the trans
fer OF the sovereignty of the Hawaii
an islands to the United States OF Amer
lea; that the amendment to the Or