The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-03-29
ELECTION VOIDED E!
Seat Of the Declared RepreSeH-
tatiVe for Kau Vacated.
Resume of the Petition and
Grounds OF the Decision.

His Honor the Chief Justice and
Chancellor returned this morning
from kau in the Island of Hawaii,
whittier he went on Tuesday last to
hear the petition of number of the
voters of the district, alleging the
commission Of certain illegalities and
praying the Court to vacate the
Representative seat of said district
Following are the statements of
the petition which was fled February
29th ultimo:
D-That petitioners ate resi-
dents of the district of kau, being
the seventh electoral district of the
Island of Hawaii, and that on the
third day of February last past they
were and now are lawfully entitled
to vote in the said district for a
Representative to the Legislature.
(2)--That at the election held by
law on the said third day of Feb
ruary, one o. X. Apiki and one j. N.
kapahu were candidates for election
as Representative to the Legislature
from said district of Kau.
(3) That at such election the re-
suit of the votes polled was declared
to be as follows: In the first precinct
o. K. Apiki received AZ votes and j.
n. Kapahu received 81 votes and
in the second precinct o. K. Apiki
received l25 votes and j. N. Kapahu
received 1919 votes, giving the said
j. N. Kapahu majority over the
said o. X. Apiki of II votes.
(4)-That petitioners allege the
truth to be that in the first precinct
fifteen votes were cast for Apiki
which the Inspectors of Election re-
fused and failed to count, claiming
that the same were illegal and con-
trary to law, because they were
marked on the left hand side of the
name of Apiki.
(5)-Tbat petitioners admit that
such ballots were marked on the left
hand side but claim that they are
therefore not illegal, but that they
are legal and should have been
counted.
(6)-That one kaaipoalima, q
nonresident of said kau and not en-.
titled by law to register or vote, die
register and vote at said election il
the second precinct of the district.
(D-That the Inspectors of Elec
ton of the first precinct contrary tt
law held meeting for the registra
ton of voters in sad precinct on tn,
30th day of January, 1892, and ther
and there registered over twenty
names of persons as voters for Re
preventative, which persons so re
gistered aud voted at said election il
the said precinct.
(S)-That the Inspectors of Elec
ton Of the second precinct rejected
one vote cast for Apiki, claiming tina
the cross was not opposite his nam
and therefore was illegal, but peti
TONERS claim that such cross was op
posite the name of Apiki and SHOULD
have been counted.
Immediately on the filing of Til
petition containing the foregoing
allegations the Chief Justice issue,
the following order:
l hereby set and appoint Thurs
day, the oath day of March, 1892, a
| o'clock p. M, at the court house i
Waiohinu, District of Kau, in til
Island of Hawaii, before such Jus
tice of the Supreme Court as shaI
then and there be present, as til
time and place for hearing the with
petition. And that notice of thi
petition be served upon the Inspec
tors of Election for the Kau District
Hawaii, and upon j. N. Kapahu, til
candidate elect, and others who's
rights or interests are particular
interested, by serving copy of thi
petition upon L. p. Harris, Geo. III
moteo or j. w. Kuaimoku, of tn
first precinct, and upon G. S. Pat
ten, Nj. Malakaua or l.. r. Macon
Der of the second precinct; and upo
said j. N. Kapahu with notice to az
pear at the time and place aforesai
TO show cause why said petitio
should not be granted. And beside
such notice a written or printed nc
tice shall likewise be posted in tn
district aforesaid for not less tina
ten days prior to such hearing, re
curing all parties interested therei
to appear and show cause, if an
they have, why said petition shoul
, not be granted.
} The return shows that all the pr
liminaries were attended to, and II
Honor Chief Justice Judd arrivin
in Waiohinu on the morning of Il
oath inst, ordered the deputy sheri
of the district to summon the wi
nesses to attend Court at the appolu
+, ed time. All Of the Inspectors
Election were present and the eN
dence of all of them except two W
3 heard by the Court, which, with 4
t official returns made by them TO Il
, Minister of the Interior, enabled Il
!, Court to give its decision. without d
lay.
The Court sustained the action
: the Inspectors in regard To their I
a fusaI to count the Is ballots viii