The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-03-11

honest efforts to make the prescribed
cross and not for the purpose OF enabling
the ballot TO be distinguished. Held,
they should be counted.
Where a number of ballots objected to as
not complying with the law if counted or
rejected, would not change the result the
Court declined to consider them.
OPINION OF THE COURT, BY JUDD, c. ].
The election in question, a special
one ordered by the Minister of the
Interior to fill a vacancy caused by
the resignation of Charles Motley
trict, was duly held on the 9Th JAM
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, H. L..
Holstein and Alexander Young, re-
ceiving the same number of ballots,
to wit, 127.
A petition was filed by said H. L
HoIstein 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 precinct
four of said district, and praying that
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 81. l.. HOlstein, and that there
We're 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, ami 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. All the inspectors of election
of the district, the opposing candidate
and the Minister of the Interior bad
notice of the petition and appeared
waving summons and submitting to
the order of the Court.
The said Alexander Young there
after answered the petition of b l..
Holstein and alleged that ten ballots
cast tor 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..
Thurston, counsel for II. Il. 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 III. l.: Holste1n
and 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
and if so, whether Holstein had not
received ten illegal ballots which
would show that he was not elected,
and therefore his petition should De
dismissed. That the Court should
confine itself to the exact issues raised
by the petition and answer, ana tnat
HOlstein's petition was not suInclenC
upon which to warrant the Court 10
proceed with an examination as 10
who was elected Senator.
We held on the 2Ist February mat
as both petitions alleged that certain
illegal votes were cast at the election,
the consideration of the first petition
should be postponed until the return
day of the second petition ana tnaI
then the Court would hear both petl-
tioDs and their respective answers
together.
On the 9th February Mr.. HOlstein
filed his answer to Mr.. YOung's petit
ton, alleging and specifically desIg-
mating many more illegal ballots that
were counted for Mr.. Young and pray
ing the Court to cause an examina
ton and recount Of the ballots, and TO
decide which of the two candidates
was elected.
On the return day of Mr.. 4oung's
petition February 29thl counsel
Tor Mr.. Young objected 10 the Courts
receiving in evidence ballots cast at
anv precinct not mentioned in the
pIeadings in Mr.. Holstein's petition
and answer; that HOlstein should not
be granted affirmative relief unless ne
sppears entitled to it upon his own
netition fled within thirty days after
the election and the pleadiDgS there