The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-03-13
OPINION OF THE COURT, BY JUDD, C. ].


The election in question, a special
one ordered by the Minister of the
In;etlur to fill vacancy caused 10y
the resignation of Charles Motley
Senator of the First Senatorial Dis
trict, was duly held on the 9th jan
uary last. The proper officer made
return to the Minister of the Interior
that the election resulted in a tie,
each of the two candidates, II. L..
Holstein and Alexander Young, re-
ceiving the same plumber of ballots,
to wit, 127.
A petition was filed by said II. L
Holsteiu in this Court, within the
statutory time of thirty days after the
election, claiming that two illegal
ballots had been cast and counted for
said Alexander Young, in preciuci
four of said district, and praying thai
the decision OF the inspectors OF the
precinct where the alleged illegal
ballots were cast counting them for
said Alexander Young, be reversed
and that the said ballots be declared
illegal and void aud that the petit ouer
be declared the duly elected Senator
for said Senatorial District.
The opposing candidate, Alexander
Young, thereafter but within the
statutory time, filed his petition to
this Court, alleging that some ten
illegal ballots had been cast in the
various precincts OF the district for
said II. l.. Holstein, and that there
were some ballots legally cast for said
petitioner Young that were unlaw-
fully rejected, AS an examination of
the ballots cast at the election will
disclose, and praying that the illegal
ballots cast for Young and rejected
by the inspectors be counted and that
the petitioner be declared the duly
elected Senator for said Senatorial
District. Ali the inspectors of election
of the district, the opposing candidate
and the Minister OF the Interior had
notice of tine petition and appeared
waving summons AMI submitting to
the order of the Court.
The said Alexander Young there
after answered the petition of h. L..
Holstein and alleged that ten ballots
cast for Holstein were illegal and that
Holstein should not have these count
ed for HIM, and that therefore he
should not be declared elected and his
petition should be dismissed.
AT the day set for hearing Mr..
Thurs,on, counsel for II. l.. Holstein,
moved that the Court either proceed
to look into the whole question as to
who WAS elected Senator at said cleo
ton, on the petition of II. l.. Holstein
aud the answer of Alexander Young,
or postpone the hearing until the
petition of Alexander Young be re-
turnable. That the Court should not
consider each petition and answer
separately, but hear both petitions
together and determine upon all the
ballots legally cast who was elected
Senator.
Messrs. Kinney and Ballou con
tended that the sole question before
the Court was whether Young had
received credit FOR two illegal ballots
ami il so, whether Holstein had not
received ten illegal ballots which
would show that be was not elected,
anu therefore bis petition should be
dismissed. That the Court should
fine itself to the exact issues raised
by the petition and answer, and that
Holstein's petition was not suf11clent
upon which to warrant the Court TO
proceed with an examination as to
who was elected Senator.
we l6lu Oh Tie llSl Il cpI udi thoe
as both petitions alleged that certain
illegal votes were cast at the election,
the consideration of the fist petition
should be postpone1 until the return
day OF the second petition and that
then the Court would hear both petit
tions and their respective answers
together.
On the 9th February Mr.. Holsteiu
filed his answer to Mr.. YouDg's petit
ton, alleging aud specifically desig-
mating many more illegal ballots that
were counted for Mr.. Young and pray
ing the Court to cause an examina
ton aud recount OF the ballots, and to
decide which of the two candidates
was elected.
On the return day of Mr.. YouDg'ss
petition February 2Sthl counsel
for Mr.. Young objected 10 the Courts
receivingin evidence ballots cast at
any precipcI not mentioned in the
pIeadings in Mr.. Holstein's petition
and answer; that Holstein should not
be granted affirmative relief unless he
appears entitled to it upon his own
psiitiop filed within thirty days after
the election and the pieadings there !