The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-03-31

Justice shall cause the evidence to
be reduced TO writing in full, or suffi-
GENTLY to ascertain all of the facts
involved, and shall thereupon give
judgment, stating all of his findings
of fact and the law thereupOn, which
shall then be transmitted in full to
the Minister of the Interior, provided
no appeal shall be taken. If such
finding shall be that the election was
invalid, and the seat therefore vacant,
new election shall at once be ordered
by the said Minister"
AS Section 80 requires the Justice
hearing the case to state "all his find
ings of fact and the law thereupOn,"
/ will first proceed to find from the
evidence the facts.
find the following facts to have
been shown and proved by the evil
dence:
l. That thirty-nine of the petit
TONERS have voted for MOBILES at the
election held on the third day of
February, A. d. 1892, on the Island of
Oahu.
2. That four of said petitioners, to
wit: a. Marques, f. B. Thomas, c.
B. Male and John Ross, were candi-
dates for Mobiles at said election, but
were not declared elected;
3. That the petition herein filed,
was filed If the office of the Clerk of
the Supreme Court within thirty days
following said election;
4. That notice of not less than four
teen days of said petition and OF the
time set for hearing the same was
given to the Chairmen of the several
Boards of Inspectors of said election
for the Island of Oahu, and also to all
the candidates for Mobiles who were
returned as elected at said election,
| by service made by the Marshal upon
each of them of a copy of the follow
ing order:
1.-THE petition of John Ross and fifty
others, having this day been filed in
| the office of the Clerk of the Supreme
| Court, addressed to the Chief Justice
| of the said Court, and setting forth
certain causes whereby it is claimed
by said petitioners that the late cleo
| ton for Mobiles, in and for the Island
| and Division of Oahu, held on the
third day of February, a. d. 1892,
was and is invalid, null and void, and
should be vacated, and praying for a
hearing of said petition, and for jndg-
ment that said election was and is in
| valid, null and void.
|
said petition be heard before such
Justice of the Supreme Court as shall
be sitting at Chambers, at AliiOlani
Hale in Honolulu, on the said Island
of Oahu, at 10 o'clock A. NJ, on Mon
day the 21st day of March, instant
when and where all persons inter.
ested may appear and show cause, il
any they have, why the prayer OF
said petition should not be granted.
"And also, that copy of this order
and notice be served by the Marsha
upon each Chairman of the several
Boards of Inspectors of Election
within and for the several precincts o.
said division of Oahu, and upon j. n
S. Williams, John A. Cummins, Pau
Neumann, John Ena and Arthur P
Peterson, they being the candidate:
who were returned and certified a:
having been elected at said election
as Mobiles for said division.
"And also, that copy of this orde
and notice be published in the Eng
lish and Hawaiian languages, respec
lively, in the PACIFIC COMMERCIAL
ADVERTISER Tin English) and in Ks
Leo ka Lahui Gin Hawaiian), they
being newspapers printed and pub
lished within said island and division
for the space of ten days prior to thu
date hereby fixed for the hearing o
said petition"
5. That q copy of said order ant
notice was published in the Englisl
language in the PACIFIC COMMERCIAL
ADVERTISER and also in the Ha
waiian language in Ka Leo o ka La
hui, newspapers printed and publish
ed in Honolulu, for more than tel
days prior to this hearing:
6. That the said election was he'll
and resulted as follows, viz: TIL
several Inspectors of Election for tn
several precincts of said island an
division, made their respective re
turns to the Marshal of the Kingdom
of the votes cast at the said eieU. 10
in said division, for candidates fo
Mobiles, and that the said Marsha
thereupon, and acting upon said re
turns and in conformity therewitt
made, executed and signed certif
Gates of election of Mobiles for sal
island and division of Oahu, wherei
and whereby it was in substance Gel
titled that J. n. S. Williams, job
A. Cummins and Paul Neumann wer
duly elected Mobiles for said islam
and division of Oahu, each to serv
for term of six years next succeed
ing the said election; that John En-
was. duly elected Noble for said is
and and division to serve for th
then uneXpired term of four veal
next succeeding said election, an
that Arthur p. Peterson was dull
p elected Noble for said island and div
sion, to serve for the then uneXpire
term of two years. next succeedin
said election. That an original of sal
certificates was delivered by the sal
Marshal to each of the persons so d.
clared to be elected, and duplicates
n said certificates, together with tt
tabulated returns for said election
were transmitted by said Marshal
the Minister of the Interior as pr
vided by Section SO of Chapter Sc,
, the Acts of 1890.
= Z. That at the said election the 70
r lowing named persons, besides tho
II above named, who were declared
d aforesaid to be elected as Mobiles, we
e also candidates for Mobiles in said div
d sion, and were formally and legal
qualified, notified and registered
e such candidates as required by law
II such cases, and their several nam
?, appeared on the ballots which we
IS printed and provided by the Minist
C of the Interior for use, and which we
l. used at and upon the said electio
e viz: G. B. Male, John Ross, Hem
n WaterhOuse, John Emmeluth, !
n Marques and Samuel Kaaukai as ca
d didates for Mobiles to serve for Il
d term of six years; j. B. Thomas as
/ candidate for special election, to ser