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

nohi, Lapaela, Kapana, Kamalii
kane, E. Awihi, Kaaua, Kepano
H. Kekoa, J. K. Kapaaua, ?. K
Honolulu. S. Enaena, g. Kauwe
Kuaana, w. B. Kamaka, Kapakuai
Aola, Kinilao, G. K. Kikaha, Imi.
ola, Iaukea, j. Paku, Publ, Kaahu,
Kailioha, Kawaikapu, Hookano and
Is others, residents of Kau, Island
of Hawaii, persons who voted and
were entitled to vote for represen-
tatives to the legislature from the
seventh election district of the Island
of Hawaii, to-wit: the Kau district,
was filed in the Office of the Clerk
of the Supreme Court, on the 29th
day of February, 1892, this date
being within thirty days following
the general election held on the Sd
of February, 1892. Sufficient costs
were deposited by the petitioners.
The petition was addressed to me
and set out causes why the election
of j. n. Kapahu, the person who
received a certificate of election as
representative for the said district
of Kau should be vacated. L set
and appointed Thursday, the oath
day of March, 1892, at l o'clock pm.
at the district court house at Waio-
hinu, Kau, Island of Hawaii, the
same being in the Judicial Circuit
where the election was contested,
as the time and place for hearing
said petition. / caused written
notices of the same to be given to
the inspectors of election of the two
precincts in the said district more
than fourteen days previous to the
said hearing and to the candidate
who had been returned as represent
stive for the district and whose seat
was contested, and also caused
written notices of the same to be
posted in the said district.
At the time and place of the hear
ing, there appeared J. N. Kapahu
whose election was contested, also
It. P. Harris, chairman, Geo. limo
teo and J. w. KuaimoKu, the in
spectors of election for the first pre-
cinct of said district of Kau, and G.
S. Patten, chairman, L. r. Macon
Der and NJ. Malakaua, inspectors of
election for the second precinct of
the said district. Mr.. J. n. Kappa
hu contested the petition and Mr..
o. K, Apiki the opposing candidate
appeared in support and filed brief
II. p ~
son made any opposition to the petit
ton. The petition was as follows
D Petitioners allege that at the
first precinct of said district at said
election fifteen votes were cast for
the said o. X. Apiki which the in
spactors of election of said precinct
refused and failed to count, claim
ing that the same were illegal
and contrary to law because they
were marked on the left hand side
of the name of o. K. Apiki. And
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
lildI SUCH D1lIOlo SilOuIu nave bcSu
counted.
(2) That one Kaaipoalima a non
resident of said Kau, did register
and vote at said election at the
second precinct of said district.
(3) That the inspectors of cleo
ton of the first precinct of said dis
trict, contrary to law, held a meet
ing for the registration of voters in
the said precinct on the 30th day of
January, 1892, and then and there
registered over 20 names of persons
as voters for representative in said
precinct, which persons so register
ed voted at said election.
az That the inspectors of election
of the second precinct of said dis
trict rejected one vote cast for the
said o. K. Apiki, claiming that the
cross was not opposite his name and
was therefore illegal. Petitioners
claim that such cross was opposite
the name of said o. X. Apiki and
should therefore have been counted.
Petitioners claim QsD that such
meeting of said inspectors of said
first precinct and registration of
voters on said Both day of January
was illegal and that the said election
is therefore void; and cd that if
all of the said votes for said o. X.
Apiki rejected by the said inspectors
had been counted, ard the vote of
said Kaaipoalima rejected, he would
have received majority of all the
votes cast, and should have been
elected.
Petitioners pray that the said al
legged election of said J. n. Kapahu
be declared void and for such other
and further relief as justice and
equity and the circumstances of the
case may require.
The first ground set forth in the
petition was abandoned by the con-
testant Mr.. Apiki, and I am of
opinion that it is unsound. Section
"a of the election law requires that
the voter shall mark a cross on the
right hand side opposite the name of
the candidate. The ballots marked
on the left hand side of the ballot
were contrary to the law and were
properly rejected by the inspectors.
The only ground of the petition
upon which evidence was taken was
the third, to wit, that the inspectors
OF election OF the first precinct of
fho ooid dicfr;of ;IIoo.1i II