The Hawaiian gazette., 1914-04-03
City Treasurer Takes Up Question
of Legality Of Measure with
Attorney General.

City Treasurer 9. j. McCarthy, be-
lieying that he had discovered . mig
ger in the woodpilc'' In connection
with the new direct primary law, re-
Gently put the matter up to Attorney
General Thayer, who FASTENED to reply.
Colonel Mccarthy really figures that
the point he discovered questions the
constitutionality of the act. To cover
the supposed detection in the present
law he thinks the Governor should get
bnsy and drift an amendatory bill
winch should be rushed pronto through
leongrcss mt this session in time to have
a. az operation before the primaries are
held Ia September coming. W
Tho purpose usually to be. served
by. a primary law IS, to provide ipr the
nomination of candidates for. Office by
direct vote Of the people, says the at
torpey general In reply 70 AR, Nc
laFthy, ~ nt II, will be seen that by the
terps 0f the sections Of act l5l, under
| certain, eireumstances,. a eAndidHte at
4 tho primary may be duly elected TO
ofiice and need mot stand tor election
At the general election provided for
by the Organic Act, And as section 10
OF the Organic Act provides that no
person shall sit ms a senator or repre-
sentative in the Legislature unless
elected under and In conformity there
to, II would seem that in that respect
thcre is a possible CONFLICT between
the Organic Act and the primary law.
There can be no. question that
where, an act Of the legislature comes
in. direct conflict with the Organic
Act, 4 must fail. and You, suggest that
possibly section IS OF the Organic Act
may serve TO solve, the difficulty. See.
ton s5.includes the following;
= Thu, legislature of the Territory
shall have the right to alter or amend
any part of the election laws of said
Territory Including those providing for
the election Of delegate TO Congress
psJ its action shall be the law with
fuli blRdipg force, until altered, amend.
ed or cepealed by congress.
"The Slifilenlty with this argument is
that there is nothing in the election
laws of the Territory which treats of
the date Of the general election, such
date being fixed by the Organic Act in
section IA, and while the paragraph
from section IS refers TO the election
laws providing for an election Of Dele
gate 10 Congress, there is nothing In
the election laws of the Territory on
this subject, the whole matter OF the
election of the Delegate being con.
tanned in section SO of the Organic
i Act. 1t may be argued from the fact
that congress has provided that the
legislature might amend the laws relat.
ing TO the election OF the Delegate and
that the only law on the subject is part
OF the Organic Act, that thus congress
intended that the legislature might
alter or amend the Organic Act in all
matters relating to elections.
81 But do not put much faith In this
line Of argument, for ii certainly can
not have been intended by congress
that the Legislature should be permit.
ted to amend those portions of the
Organic Act which provide for the quail,
ifcations Of electors (sections go and
%, Organic Aet,) And there is no
reason why, IL the legislature can
change the date of the general cleo,
ton, u can not also prescribe new
qualifications for voters.
After a comparison of section IA
or the Organic Act and similar provis.
ions in the constitutions and statutes
Of the various states, find that by
Tar the majority of the statutory or
constitutional provisions relating to
this matter use practically the same
/ phraseology; that is, the first election
/ y set for the first Tuesday after the
first Monday of November in a given
year and the phrase every two years
thereafter or every -four years there
after, follows. In some statutes and
constitutions, the word 'in' is inter,
1eeted in that phrase, so that it reads
and in every second year. etc. Gre
yised Statutes, Minnesota, section 1853. J
In certain other consultations the
phrase 'biennially thereafter on the
same day is used (Revisod Statutes,
Indiana, section 6S74.v
DOUGLAS, Arizona, April l.-lBy
II M - L