Akizaki v. Fong

DISSENTING OPINION OE

ABE, J.

The majority of the court holds that there is a conflict between Article II, § 7, and Article III, § 13.

Article II, § 7 reads: “Contested elections shall be determined by a court of competent jurisdiction in such manner as shall be provided by law.” The pertinent portion of Article III, § 13 reads: “Each house shall be the judge of the elections, returns and qualifications of its own members....”

The majority court says: “We must resolve the apparent conflict between these two provisions before proceed*362ing further. Simply stated, the question presented is: should the…