The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-03-30
NOBLE ELECTION VALID!
ThG Ballot is a Good One
in Law.
What the Legislature Failed to
Enact the Court Cannot
Decree.
Full Text CT Mr.. Justice BiCker-
tons Decision Oil the Oahu
Election Protest.

IN THE SUPREME COURT OF THE HA-
wAIIAN IsLANDs--AT CHAMBERS.
In the matter Of the Petition of
JOHN ROSS and others to vacate
an election of Mobiles for the Di-
vision of Oahu.
BEFORE BICKERToN, j.
The petition sets forth that the
petitioners, fifty-one in number, are
residents of Oahu; that they voted
or were entitled to vote for Mobiles
of the Kingdom at the general elec-
ton held on the Island of Oahu on
the third day of February, 1892.
That the election was held; that
proper returns were made, and that
certificates of election were made,
signed and delivered to the persons
50 declared to be elected. That
duplicates of the certificates, to-
gelher with the tabulated returns,
were transmitted by said Marshal to
the Minister of the Interior; that the
following named gentlemen were de-
clared elected: j. n. s. Williams,
John A. Cummins and Paul Neu-
mann for the term of six years,
John Ena for the uneXpired term of
four years, and Arthur p. Peterson
for the uneXpired term of two years.
That G. B. Maile, John Ross,
Henry Waterhouse, John Emmeluth,
A. Marques and Samuel M. Kaaukai,
candidates for six years, K. b.
Thomas for four years, and James
Gay for two years, were formally
and legally qualified and registered
as such candidates; that their sew
eral names appeared together with
those before named on the ballots
provided by the Minister of the In
terror for use.
That it then was and is the law
that each ballot should express in
the Hawaiian language what it did
in the English language that none
of the ballots used at said election
contained any Hawaiian words ex-
pressing what was printed in Eng
lish.
That in the preparation and print
ing of said ballots, the Minister of
the Interior refused and neglected
TO insert therein the Hawaiian equi-
valent of the name of said candidate
Henry Waterhouse, viz: the word
enthusiastically" although said Min
lister was formally requested to insert
said Hawaiian equivalent, and al
though all of the said ballots con-
tained the Hawaiian equivalents of
the names of all the others of said
candidates having foreign names.
That by reason of such omission
from said ballots of said words in
the Hawaiian language, and of the
Hawaiian equivalent of the name of
said Henry Warehouse, it was i'm
possible for Hawaiian voters for
Mobiles who were unacquaintcd with
the English language (of whom
there were several hundreds), to
learn the meaning or particulars of
said ballots, and consequently were
thereby deprived of their legal and
constitutional rights under the law.
And prays that said election be
vacated and declared null and void.
The specimen ballot appended to
the petition is in this form:
ELECTION FOR THE YEAR 1892.
DIVISION OF OAHU.
FOR MOBILES.
For Six Years.
C. b MALE,
HENRY WATERHOUSE,
J. N. S. WILLIAMS,
(Wiliama).
PAUL NEUMANN,
(Paulo Neumana).
A. MARQUES,
(Makuika)
JOHN ROSS,
(Kapena Loke).
y, a. W vi MINE
(Keoni KamakD.
JOHN EMMELUTH,
(Emaluka)
SAM'L NJ. KAAUKAI.
Special Election.
For the Unexprrd Term of Fom
Years.
E. b. THOMAS, (KamakD.
JOHN ENA, (Keoni Ina).
Special Election.
For the Unexpired Term of Two
Years,
JAMES GAY, (Kimo Ke).
! A. P. PETERSON, (Aka Piketona)