The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-17
In the Supreme Court of the Republic
of Hawaii.

Oh hawaii.
Honolulu, Island of Oahu-ss.
In re Contest of Senatorial Election,
First Senatorial District, by H. L. Hol-
stein.
Petition to reverse decision of Board
of Inspectors of Elections.
The appended papers were filed in the
Supreme Court at noon Thursday by
MesSrs. Hartwell, ThurSton and Stan
ley, attorneys for H. L. Holstein, who
was a candidate at the recent election
on Hawaii. In such cases the law re-
quires at least fourteen days notice, so
the matter will not come before the
court until the 18th of next month.
Petition-To the Hon. Albert Francis
Judd, Chief-Justice of the Supreme
Court of the Republic of Hawaii.
The undersigned, H. L. HOlstein, of
Kohala, Island of Hawaii, respectfully
represents:
First-That on the Oath day of Octo-
ber, A. D. 1895, proclamation was
duly issued in accordance with law,
ordering the holding on January 9Th,
1896, of special election to elect a
Senator to sill the vacancy caused by
the resignation of Charles Motley, in
the First Senatorial District of the Re-
public.
Second-That one of the precincts
prescribed by law for the holding of
such election is designated as the
Fourth Precinct" of said Senatorial
District, being more fully described in
said proclamation; and that the duly
appointed Inspectors of Election in
and for said precinct are J. K. Dillon,
w D. Schmidt and J. B. d'Olivera.
Third-That said special election was
duly held on the said 9Th day of Janu-
ary, 1896.
Fourth-That the only candidates for
election at said special election were
Alexander Young, of Honolulu, ISL
and of Oahu, and your petitioner.
Fifth-That among the ballots cast
at said precinct upon the said 9Th day of
January, at said special election, two
ballots were marked in a manner pro-
hibited by law, viz:
In the blank space at the right of the
name of the said Alexander Young, on
one of said ballots, the name "AleXan-
der Young" is written instead of a x,
as prescribed by law, and the other of
said ballots is marked, in the same
blank space in which the name of the
said Alexander Young is printed, with
a mark of symbol as follows, viz, y, in
stead of a in the blank space on said
ballot at the right OF the name of
said Alexander Young as prescribed
by law.
Sixth-That when the said Inspect
ors counted the ballots at the close of
the said special election, both of the
above-described ballots were counted
for the said Alexander Young, and SO
reported by the said Inspectors to e.
G. Hitchcock, Sheriff of Hawaii.
Seventh-That upon the adding up
of the returns from all of the precincts
of the said Senatorial District by the
said E. G. Hitchcock, Sheriff, in accord
ance with law, the said two above
described ballots being included in
such count, it was found by such Sher-
if that there were 127 ballots cast for
each of said candidates, resulting in a
tie, and such result was thereupon re-
ported by said Sheriff to the Minister
of the Interior.
Eighth-That in accordance with the
law in such case made and provided,
the said Minister of the Interior is now
about to issue a further proclamation
to hold another special election to fill
the said vacancy.
Ninth-That your petitioner claims
that said two above-described ballots
are irregular and void, and should not
have been counted by the said Board of
Inspectors, nor reported nor returned
by them to the said Sheriff.
Tenth-That if said two ballots had
not been counted for said Alexander
Young he would have had but 125 votes
at said election. and your petitioner
would have had a majority of two
votes.
Eleventh-That all of the matters
and things hereinabove stated and set
forth appear in the records on file in
the Office of the Minister of the Interi-
or, to which records your petitioner
refers for verification hereof.
Wherefore the petitioner prays as
follows:
Firat-Thet the said decision of
said Board of Inspectors in counting