The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-12-15
Failure TO Resign As NOtary'Pub-
Iic May Cost Republican
Seat In House
MILES, FIFTH DISTRICT I
BOURBON, IN SAME FIX
Latter Still Holds On To Commits
sion AS Lieutenant In Nat
ionaI Guard Of Hawaii

Steps are being taken, il was learned
yesterday, to contest the seat of Repre-.
sentative-elect James X. Jarrett in the
next legislature, which will meet in Ho-
nolulu on Wednesday, February 81,
coming. f..
II is claimed that Jarrett was not lie.
gally elected representative, because
he failed TO resign as notary public
prior TO the election, an Office he still
holds under the government, it is con-
tended.
On the subject of disqualifcations of
government officers and employees, Sec.
ton II of the Organic Act, which is the
waii, says:
"That no person holding office in or
under or by authority of the govern
ment of the United States or of the
Territory of Hawaii shall be eligible to
election to the legislature, or to hold
the position Of a member Of the same
while holding said Office"
Authorities Seem Unanimous
A footnote in the Revised Laws of
Hawaii, 1915, says: ''Notaries and
similar officers were held within inhibi-
ton of somewhat similar provision of
Const. of 1887; to be eligible, officer
must resign before election: s H. SOL"
The late Justice MeCully, OF the SUI.
preme court of the Kingdom Of Hawaii,
held in the syllabus of an opinion rem.
1ered in 1887, "that notaries public
and similar officers are officers within
thc prohibition of Article 20 of the
Constitution. and are not eligible to
election to the legislature. "
In the decision itself, the jurist held
"that tho persons referred to are in.
capable of being elected. Such per.
sons, if elected, do not become capable
by afterwards resigning the Office.
They remain disqualified, as much so as
minors or women, or others not eligi-
Bile. -
11It opinion Eas-frccIy expressed'yGg'-
to-day that Mr.. Jarrett was not n
qualified candidate for represe ntative,
and that, therefore, his election on No
0ember I, last, was not legal and is
void
House To Decide Question
The question of whether or not Jar
rett was elected will be left to the
Legislature to decide, however, for Sec
ton - of the Organic Act reads:
THAT each house shall be the judge of
he elections, returns and qualifications
of its own members"
James X. Jarrett, a law clerk in the
office of Attorney Lorrin Andrews, who
was also elected a member of the lower
house last November, is one of the six
Republicans returned as elected from
the Fourth District. The fact that Jar
rett had not resigned and still held on
to his notary commission was disclosed
Yesterday when The Advertiser printed
the sworn statement of Mrs. Philip l..
Weaver and Mrs. w: J. Forbes, of the
College Club, in regard to their recent
conference with Governor Pinkham.
The statement was sworn to by these
two women before James X. Jarrett, a
notary public. James X. Jarrett, no
tary public, is the same person who was
returned as elected to the house of rep
rrsPntatives last November
Democrats Elated
Democrats claim that Jarrett was not
elected, because of his failure to com.
ply with the law as candidate and
that one of their own candidates, Col.
f. H, F. Wolter was elected. Wolter
was the seventh high man when the
election returns came in. As only six
were to be elected from the fourth dis,
trict, Wolter became the dean of those
elected to stay at home.
jarrett, with PICS, led the six re-
turned as elected. Next to him, in the
order Of the votes cast, those returned
as elected were c. H. Cooke, LOrrin
Andrews, Gerrit p. Wilder, Charles N.
Marquee and r. II. Petrie.
Following Petrie, who received l947