The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-03-30
kAU ELECTION.
held by the Court To Be Void.
Ap Il Wins His Case-The Peo-
PIE viii Have Another
chance To Elect.
Him.

Inc hau Election Case is over,
and the Chief Justice and his party
were able to return to Honolulu bv
the Hall, which reached port yes
terday morning The grounds on
which the plaintiff rested his case
will appear from the following al
legations Of his petition
l. That petitioners are residents Of
the district Of Kau, being the seventh
electoral district Of the Island Of Ha
wall, and that on the third day Of
February last past they were and
now are lawfully entitled to vote in
the said district for Representative
to the Legislature.
2. That at the election held by law
on the said third day of February,
one o. X. Apiki and one j. n. Kappa
hu were candidates for election as
Representative to the Legislature
from said district Of Kau.
3. That at such election the result
Of the votes polled was declared to
be as follows: In the first precinct
o. X. Apiki received AZ votes and j.
n. Kapahu received 81 votes, and In
the second precinct o. K. Apiki re
ceived 125 votes and j. n. Kapahu
received 129 votes, giving the said j
n. Kapahu majority over the said
o. X. Ap!ki of II votes.
4. That petitioners allege the truth
to be that in the first precinct 15
votes were cast for Apiki which the
Inspectors of Election refused and
failed to count, claiming that the
same were illegal and contrary to
law because they were marked on the
left hand side of the name of Apiki.
5. That petitioners admit that such
ballots were marked on the left hand
side, but claim that they are there
fore not illegal, but that they are
legal and should have been counted.
g. That one Kaaipoalima, a non
resident of said Kau and not entitled
by law to register or vote, did regis
ter and vote at said election In the
second precinct Of the district.
Z. That the Inspectors Of Election
of the first precinct contrary to law
held meeting for the registration OF
voters in said precinct on the Both
day of January, 1892, and then and
there registered over twenty names
of persons as voters for Representa-
tive, which persons so registered and
voted at said election in the said pre-
cinct.
8. That the Inspectors of Election
of the second precinct rejected one
vote cast for Apiki, claiming that the
cross was not opposite his name anc
therefore was illegal, but petitioner
claim that such cross was opposite
the name of Apiki and should have
Immediately on the ming OF tn
petition containing the foregoing al
legations the Chief Justice issued tn
following order:
[ hereby set and appoint Thurs
day, the Oath day of March, 1892, a
l o'clock P. M, at the Court House il
Waiohinu, District of Kau, in til
Island of Hawaii, before such Jus
tice of the Supreme Court as shal
then and there be present, as til
time and place for hearing the with
in petition. And that notice of thi
petition be served upon the Inspet
tors of Election for the Kau Distric
Hawaii, and upon j. n. Kapahu, tn
candidate elect, and others who's
rights or interests are particular
interested, by serving a copy of TIL
petition upon T. p Harris, Geo. T
moteo or j. w. Kuaimoku, of til
first precinct, and upon G. S. Pa
ten, M. Malakaua or l.. r. Macon
Der of the second precinct; and upC
said j. n. Kapahu with notice to a.
pear at the time and place aforesai
to show cause why said petite
should not be granted. And besid
such notice q written or printed n
tice shall likewise be posted in tt
district aforesaid for not less tht
ten days prior to such hearing, +
quiring all parties Interested there
to appear and show cause, if az
they have, why said petition shou
not be granted.
The plaintiff relied chiefly upc
the fact that the Inspectors hi
held a meeting and registert
voters after the expiration Of Il
period prescribed for this purpo
by law. The Court held that tn
action was illegal, and invalidat'
the election, the number of perso
thus registered in violation of Il
law having been sufficient
change the result. The Court 81
tanned the Inspectors in their /
lection of ballots marked with
cross on the left instead of t
right hand side of the name.
No appeal was taken, and nt
election must be ordered by t
Minic+ar of the inferior