Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-10-13

Ions Of the primary law he was nomfn-
ated and elected at the primary Of Sep
TENDER IL md that the secretary and!
clerk, though requested to do So re-
fused TO open the packets containing
the ballots to definitely ascertain
whether he had received q majority
OF the votes cast for the office He
claimed that to the best Of his kn0Wi-l
edge and belief not more than $500
ballots were cast In the fourth district
for the office Of representative, and
that he had received 1896, or q major
ity.
His petition to the circuit court was
q prayer for an order directing the
territorial secretary and eaunty clerk
to open the packets containing the bal.
lots and ascertain the number of votes
cast. To this an alternative writ was
issued, the aftorney-general interpos.
ing q demurrer raising the questions
which the circuit court reserved to the
supreme court. Il "a
j Attorney Erecons, in his argument
before the supreme courg, contended
that there has been well defined
policy on the part OF congress to al
low each TERRITORY. after the first cleo.
ton held upon its organization, to fix
by territorial law the time, place and
manper o. holding elections; also that
the policy observed By congress with
reference to any given subject may be
properly resorted to In constituting al
statute upon the subject. He argued
that congress has even eyineed, m
the words Of the supreme court 0pin-
ion. a desire to extend to this terri
tory exceedingly broad powers that
prior to the amendment OF section IS
OF the Organic Act. Of June zS, 1905,
q congressional COMMITTEES had re-
that the election laws Of
the territory be so amended and sup
plemented as to provide definitely for
the election of q delegate to Congress,
using the phrase quoted as including
the provisions Of the Organic Act rel
alive to elections; and that II no pow
er was intended to be vested IN the
legislature OF the territory to alter
any election hWs save such as were4
passed by the legislature the amend
naeHt referred to was q useless and !
idle act as the power to do 50 was
already possessed.
The supreme court discusses this to
the extent Of nearly two type-WrItten
pages. concluding as follows:
The words election laws Of said
territory taken in their general, usual
and popular significance would meant
the laws relating TO elections enacted .
by the local legislative authority, and
they could not except by a forced and !
unreasonable construction be regarded
as including an act of Congress. The !,
fact that because the local election
laws in force when the Organic Act |
was passed had been by It continued |
h force and thus placed beyond the
reach of the legislature of the terri
Tory to amend makes clear beyond |
doubt the object Of the amendment to |
section g. The first section Of the |
Organic Act provides that the phrase /
the laws Of Hawaii as used in this |
net wftout qualifying words, shall
neon the constitution and laws Of the
Republic of Hawaiiff In force on the |
18th day of August, 1893, at the time |
If the transfer OF the sovereignty Of I
he Hawaiian islands to the United (
States OF America We think the
election laws OF Hawaii referred to in
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