The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-03-24

The case OF the OdHu LlectlOLl
was taken up the first thing in the
Supreme Court yesterday. The
issues of fact and law will be made
clear by the list of findings of fact
and law requested by the plaintiff.
The following findings of facts and
rulings of law requested by Mr.. Hart
well OF counsel, for the petitioners.
FINDINGS OF FACT.
/. That thirty-nine of the petit
TONERS have voted for Mobiles at the
election held on the Sd day of Feb
ruary A. d. 1892, on the Island Of
Oahu.
2. That four of said petitioners, to
wit, A. Marques, +. b. Thomas, G.. B.
Male and John Ross were candidates
for Mobiles at said election, but were
not declared elected.
8. 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 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:
5. That n copy of said order and
notice was published in the English
language in the PACIFIC COMMERCIAL
ADVERTISER and also in the Hawaii
an language in the Ia Leo ka La
hui, newspapers printed and published
in Honolulu, for more than ten DAYS
prior to this hearing.
6. That the said election was held,
and resulted as follows, viz: The sew
eral Inspectors of Election for the
several precincts of said Island and
division, made their respective re-
turns to the Marshal of the Kingdom,
of the votes cast at the said election
in said division, for candidates for
Mobiles: and that the said Marshal
thereupon, and acting upon said re-
turns, and in conformity Herewith,
made, executed and signed certificates
of election of Mobiles for said Island
and division of Oahu, wherein and
whereby it was in substance certified
that j. n. S. Williams, John A.. Cum
minis and Paul Neumann were duly
elected Mobiles for said Island and
division of Oahu, each to serve for O
term of six years next succeeding the
said election: that John Ena was duly
elected Noble for said Island and divi-
sion to serve for the then unexpired
term of four years next succeeding
said election, and that Arthur p.
Peterson was duly elected Noble for
said Island and division, to serve for
the then uneXpired term of two years
next succeeding said election: that an
original of said certificates was deliv-
cred by the said Marshal to each of
the persons so declared to be elected,
and duplicates of said certificates, to-
gether with the tabulated returns for
said election were transmitted by said
Marshal to the Minister of the In
terror, as provided by Section SO, of
Chapter Sc, Of the Acts of 1890.
Z. That at the said election the fol-
lowing named persons, besides those
above named who were declared, as
aforesaid, to be elected as Mobiles, were
also candidates for Mobiles in said di-
vision, and were formally and legally
qualified, notified and registered as
such candidates, as required by law in
such cases, and their several names
appeared on the ballots which were
printed and provided by the Minister
of the Interior for use, and which were
used at and upon the said election,
viz: G. B. Male, John Ross, Henry
Waterhouse, John Emmeluth, A. Mar
ques and Samuel Kaaukai, as candi-
dates for Mobiles to serve for the term
of six years; E. 3. Thomas, as cam
didate for special election, to serve as
Noble for the then unexpired term
of four years; and James Gay, as a
candidate for special election as Noble,
to serve for the then uneXpired term
of two years.
s. That none of the ballots printed
for the election of Mobiles, printed,
furnished and at and upon the election
aforesaid, contained any of the words !:
"Koho ana no ka makahiki (1S92),"
nor any Hawaiian words specifying
the name of the Office, or the name OF
the division for Mobiles, or the term
of the office, nor, in the cases of said
special elections, any words in the
Hawaiian language specifying the un-
expired terms of the office, nor the
words: "Koho Balota Kuikawa,''
but that all of said Hawaiian words
were omitted therefrom, as appears by
a specimen of said ballots hereto ap-
pended, marked exhibit "A,n and
made part hereof.
9. That in the preparation and
printing of said ballots the Minister
of the Interior neglected to insert
therein the Hawaiian equivalent OF
the name of said candidate, to wit, the
words "Heneri Walakahauki," and
none of said ballots contained such, OIL
any Hawaiian equivalent, of the name
of said Henry Warehouse, and that
said Minister was requested to insert
said Hawaiian equivalent of said can
didate's name therein, and that all o.
the said ballots contained the Hawai-
ian equivalents of the names of all the
others of said candidates having for
eign names.
10. That there were about sever
hundred native Hawaiian voters TO
Mobiles on the Island of Oahu at tn,
time of said election.
Upon the foregoing facts the ruling
of law asked are as follows:
!. The ballots should have con
tanned, in their appropriate position
the name of each candidate and tn
words g Election for 1922
"For Nobles.r
"For six years.
Especial election for the unexpire
term of four years"
Especial election for the unexpire