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

The petition sets forth that the
petitioners, fifty-One in number, are
residents of Oahu; that they voted or
were entitled to vote for Mobiles of the
Kingdom at the general election held
on the Island of Oahu on the third day
of February, 1892.
That the election was held; that
proper returns were made, and that
certificates of election were made,
signed and delivered to the persons so
declared to be elected. That dupli-
Gates of the certificates, together with
the tabulated returns, were transmit
ted by said Marshal to the Minister of
the Interior; that the following named
gentlemen were declared elected: in.
S. Williams, John A. Cummins and
Paul Neumann for the term of six
years, John Ena for the uneXpired
term of four years, and Arthur z.
Peterson for the unexpired term of
two years.
That c. B. Male, John Ross, Henry
Warehouse, John Emmeluth, A. Mar
ques and Samuel M. Kaaukai, candi-
dates for six years, E. B. Thomas for
four wears, and James Gay for two
years, were formally and legally quail
flied and registered as such candi-
dates; that their several names APP
peared, together with those before
named, on the ballots provided by the
Minister of the Interior for use.
That it then was and is the law that
each ballot should express in the Ha-
waiian language what it did in the
English language; that none of the
ballots used at said election contained
any Hawaiian words expressing what
was printed in English.
That in the preparation and print
ing of said ballots the Minister of the
Interior refused and neglected to in
sert therein the Hawaiian equivalent
of the name of said candidate Henry
Waterhouse, viz the word "Walaka-
hauki,u although said Minister was
formally requested to insert said Ha-
waiian equivalent, and although all
of the said ballots contained the Ha-
waiian equivalents of the names of all
the others of said candidates having
foreign names.
That by reason of such omission
from said ballots of said words in the
Hawaiian language, and of the Ha-
waiian equivalent of the name of said
Henry Waterhouse, it was impossible
for Hawaiian voters for Mobiles who
were unacquainted with the English
language (Of whom there were several
hundreds) to learn the meaning OIL
particulars of said ballots, and conse-
quently were thereby deprived of Their
legal and constitutional rights under
the law.
And prays that said election be va.
Gated and declared null and void.
The specimen ballot appended to the
petition is in this form:
ELECTION FOR THE YEAR 1892
DIVISION OF OAHU.
FOR MOBILES.
For Six Years.
G. B. MALE.
HENRY WATERHOUSE.
J. N. s. WILLIAMS.
(Wiliama).
PAUL NEUMANN.
(Paulo Neumana).
A. MARQUES.
(Makuika).
JOHN ROSS.
(Kapena Loke).
J. A. CUMMINS.
(Keoni Kamaki).
JOHN EMMELUTH.
(Emaluka).
SAML M. KAAUKAI.
Special Election.
For the Unexpired Term of Fou
Years.
E. B. THOMAS (Kamaki).
JOHN .ENA (Keoni Inal.
Special Election.
For the Unexpired Term of Tw
Years.
JAMES GAY (KimO Ke).
A. P. PETERSON aka Piketona
The law under which these Pre-
ceedings are brought, is Chapte
LXXXVI. of the Session Laws
1890, being can Act to Amend an
Kingdom" Sections 81, SS, 50 an
80 of said Act read as follows:
"Section 81. In addition to til
methods hereinbefore set forth IL
vacating any seat in the Legislature
any candidate, or any thirty person
who have voted, or were entitled [
vote in the district, may file q pet
ton addressed to the Chief JustiC
of the Supreme Court, setting fort
any cause or causes, why an electiO
shall be vacated or seat be declare
vacant. Such petition shall be file
in the office of the Clerk of the ST
preme Court within thirty DAYS 70
lowing an election, and prior to ii
hearing thereon the Clerk shall +
ceive deposit of such costs as ms
be necessary in the case. The hea
ing may be had before any Justice
the Supreme Court, and shall be he
in the Judicial Circuit wherein tt
election is disputed. Provided, hoy
ever, that the Supreme Court sha
have no jurisdiction over any SUE
case during the session of the Legi
lature.n
''Section IS. a notice of not lie
than fourteen days shall be given
the Inspectors of such election
may be contested, and to the cand
date who shall have been returne
or whose seat is contested, and to al
other whose rights or interests q
particularly affected, who shall
designated by the Chief Justice of t
Supreme Court. Besides such motto
written or printed notice shall
likewise posted in the district,
published in some newspaper circ
lating in the district, for not less tn:
ten days prior to such hearing.n
'SectiOn SO. No person who h
voted at any election shall, in al
legal proceeding, be required to sta
for whom he has voted.n
Section 90. At the hearing t