The Queen v. Gay

• Decision Date: 14 March 1892
• Citation: 8 Haw. 468
• Parties: THE QUEEN v. JAMES GAY.
• Court: Hawaii Supreme Court

8 Haw. 468

THE QUEEN v. JAMES GAY.

Supreme Court of Kingdom of Hawai'i.

March 14, 1892.

DECISION MARCH 19, 1892.

APPEAL FROM POLICE JUSTICE OF HONOLULU.

Syllabus by the Court

The statute, Section 49 of the Election Act of 1890, requires each candidate, within ten days following an election, to furnish to the Minister of the Interior a sworn itemized statement of his expenses as a candidate. Failure or neglect furnish such sworn statement is made a misdemeanor and punishable by a fine or imprisonment, or both.

Held the proof that no expenses were incurred by or for the candidate is a complete defense to the charge under this section, and exculpates him from the necessity of furnishing an " itemized statement" to the Minister.

C Creighton, Deputy Attorney-General, for the Crown.

P. Neumann, for defendant.

JUDD, C.J., BICKERTON AND DOLE, JJ.

OPINION

JUDD, C.J.

The defendant was arrested by warrant issued from the Police Court of Honolulu, on the charge of neglecting and failing to furnish to the Minister of the Interior, within ten days after the election of February 3rd, 1892, a sworn itemized statement of his expenses as a candidate for election, he having been a candidate for election as Noble at said election. He plead not guilty, and after proof on the part of the prosecution that no sworn statement had been furnished by defendant of his expenses as a candidate, and that defendant was a candidate and a request had been filed for him in accordance with the statute, and the fee of fifty dollars paid, he testified in his own behalf as follows: " I have not had one cent expenses. I paid no $50 fee as a candidate." Cross-examination: " I was a candidate at the election; don't know who paid $50 for me, or whether it was paid. I had no runners and made no contribution to campaign fund. I did not spend one cent for anything, or incur any obligation in regard to my being a candidate." This was not contradicted by any evidence. The defendant was found guilty and the minimum penalty of $100 fine was imposed. He appealed to the Supreme Court in banco on the point of law, that the charge being the failure to furnish a sworn statement of an itemized account of defendant's expenses as a candidate, and the proof being that defendant had incurred no expenses whatever, no breach of the law had been committed, and he should have been acquitted.

BY THE COURT.

The object of the Section 49 of the Election Law is undoubtedly to prevent the improper and illegal use and expenditure of money in the conduct of elections. This section is followed by a list of what are the expenses to be legally incurred by or for a candidate:

1. His personal expenses as a candidate. 2. Expenses of printing and advertising. 3. Cost of stationery and postage. 4. Expenses of public meetings. 5. Rent and supplies of committee rooms not to exceed one for each polling place.

It would hardly be anticipated that a candidate would put into his statement items that were clearly for objects and purposes forbidden by the law, and thus subject himself to a prosecution for a " corrupt practice." On the other hand, the denial under oath at the trial that money had been expended by him or on his behalf, for illegal purposes, if proved to be false, would subject him to a prosecution for perjury.

The manifest object of the law is to obtain a discovery of what money has been expended by or for a candidate. An honest man would not expend money for illegal purposes, and a dishonest man would hesitate to do so, if by that means he subjected himself to prosecution, either for a " corrupt practice" or for perjury. So the statute has a deterrent effect. Now, in this view, there is no sense in requiring that, in the schedule of expenses which may be legally incurred, the item " his personal expenses as a candidate" should be held to include the fee which is required by Section 47 of the Act to be deposited by him with the Minister of the Interior " on...