The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-03-30

1890, being "An Act to Amend and |
Consolidate the Election Laws of the
Kingdom" Sections 81, SS, 80 and |
80 of said Act read as follows:
"Section 81. In addition TO the |
methods hereihbefore set forth for
vacating any seat in the Legislature,
any candidate, or any thirty persons
who have voted, or were entitled to
vote in the district, may file petit
tion addressed to the Chief Justice
of the Supreme Court, setting forth
any cause or causes, why an election
shall be vacated or seat be declared
vacant. Such petition shall be filed
in the office of the Clerk of the Su
preme Court within thirty days fol-
lowing an election, and prior to the
hearing thereon the Clerk shall re-
ceive a deposit OF such costs as may
be necessary in the case. The hear
ing may be had before any Justice of
the Supreme Court, and shall be
held in the Judicial Circuit wherein
the election is disputed. Provided,
however, that the Supreme Court
shall have no jurisdiction over any
such case during the session of the
Legislature.
"Secton SS. A notice of not less
than fourteen days shall be given to
the Inspectors of such election as
may be contested, and to the candi-
date who shall have been returned, or
whose seat is contested, and TO any
others whose rights or interests are
particularly affected, who shall be
designated by the Chief Justice of
the Supreme Court. Besides such
notice, written or printed notice shall
be likewise posted in the district, or
published in some newspaper circu-
lating in the district, for not less
than ten days prior to such hearing"
"Section 80. No person who has
voted at any election shall, in any
legal proceeding, be required to
state for whom he has voted"
"Seclion 80. At the hearing the
Justice shall cause the evidence to
be reduced TO writing In full, or sufli-
ciently 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 va
cant, new election shall at once be
ordered by the said Minister
AS Section 80 requires the Justice
hearing the case to state 'all his
findings of fact and the law there
upon" / will first proceed to find
from the evidence the facts.
| find the following facts to have
been shown and proved by the evil
dence:
|. That thirty-nine of the petit
tioners 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, +. b. Thomas,
g. b. Maile and John Ross, were can
didates for Mobiles at said election,
but were not declared elected;
3. That the petition herein filed,
was filed in the Office of the Clerk of
the Supreme Court within thirty days
following said election;
4. That notice of not less than
fourteen days of said petition and of
the time set for hearing the same
nj IN thn (hnir Of
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 following order:
"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 election for Mobiles, in and
for the Island and Division of Oahu,
held on the third day of February,
A. ID. 1892, was and is invalid, null
and void, and should be vacated,
and praying for hearing of said
petition, and for judgment that said
election was and is invalid, null and
void.
Therefore it is hereby ordered
that 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. M, on Monday the 2lst day of
March, instant, when and where all
persons interested may appear and
show cause, if any they have, why
the prayer of said petition should not
be granted.
And also, that a copy of this
order and notice be served. by the
Marshal upon each Chairman of the
several Boards of Inspectors of Elec-
ton within and for the several pre-
cincts of said division of Oahu, and
upon j. n. :. Williams, John A.
Cummins, Paul Neumann, John Ena