The Garden Island. [volume] (Lihue, Kauai, H.T.) 1902-current, 1914-10-06
TRYING To KNOCK
OUT PRIMARY LAW

ana democratic party leaders al
most literally shudder with appre
hensiou at the thought of what
may, might, could. wouId or Should
happen if the new direct rrjmar,
law suCCumbS to the ya~.uu, at Z, Ks
IL o w being made rrcn it ti,rcrgh
the courts.
1t IS admitted fr1uE1v that f
this law is knocked out and 4 G
primary results of September -
are held null and void, Haw.ii II
politics and government Will le in
vast and almost inez,r'c1hle con
/, fusion, Just what would farp II
to the various county poyer"m,r',
and the legislature no one seems 20
know. 1t is thorght that some
kind of a special election wouIa
have to be held, but whether han
would be nee =, ,ary hofo .e o1 at,r
the November clcCtiou date III
wise-acres in law and politics do
not agree.
Meanwhile one candidate. Dele
gate Kuhio, has token time by the
forelock and filed a new sci of IL m
inltjon papers under the old law.
so if the primary law is knocked
out he will still have some stand.
ing.
. But the other legislative candi-
: dates, not realizing. perhaps, the
danger to their interests if the di
rect primary law is punctured by
the supreme court, have taken no
steps to file new papers. Under the
law such papers must be filed thir
, ty days prior to the general cleo
; ton, and of course this was the
action taken under the old conven-
tlOn system. After the conventions
had nominated their candidates,
the candidates would duly file no.
mination papers and their names
would go on the general election
ballots.
Last Saturday uight, October 4,
was the last date on which romi
nation papers could be filed, under
the old law, by candidates from
the ontside islands for the lcgIsla-
ture or for delegate, which ex-
plains the haste made late Satur-
dav afternoon to get the Kuhio
nomination signed by the requisite
number of voters.
Municipal candidates have plen-
ty of time yet in which to hand in
the nominations i'll case they wish
to do so. However, a good many
candidates may not take the trouble
to comply with the provisions of
r The old law.
TWO ATTACKS MADE.
Two separate lines of attack are
being made on the primary law,
one of them the friendly test case
) brought by Robert w. BreCkons,
viCe-cha!rman of the Republican
party, in the form of a mandamus
suit, and the other the mandamus
suit brought by George A. Davis
on behalf of petitioners who allegc
the unconstitutonalitv of the direct
primary law. Both suits, it is ex-
peCted, will be haStened to a deCi-
sion the supreme court.
1t was reported today that At
torney Davis is also filing quo wa1-
ranto proceeding, or proceedings
to oust, though this it is said.
would be an unusual legal method
of getting at the required result
lnasmuCh as primary candidates
nominated on September II are
not yet i'll office. However, this
NAV be directed against City Clerk
Kalauokalani, W h o received a
majority of all votes in the primary
cast for his office and thus under
the primary law was elected out.
right.
There are a lot of questions to
be settled hy these various attacks.
friendly or otherwise, OH the pri-
mary law, and it is generally be-
lieved that the law will be upheld
by the supreme court. Whether it
, is knocked out or not, several
troublesome questions will be set
tied by the supreme court decision.