The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-01-16
CARRIED INTO COURT.
HoLsrEIN ASKS THAT TWO BALLOTS
BE DECLARED ILLEGAL.
IN THE SUPREME COURT OF THE
REPuBLIC oF HAWAII.

REPUBLIC OF HAWAII.
Honolulu, g.
ISLAND OF OAHU,I o.
In re Contest of Senatorial Elec
ton, First Senatorial District, by
H. l.. Holstein.
Petition to reverse decision o.
Board OF Inspectors of Elections.
The appended papers were filed
in the Supreme Court at noon to-
day by Messrs. Hartwell, Thurston
and Stanley, attorneys for H. l..
Holstein, who was candidate at the
recent election on Hawaii. In such
cases the law requires at least ID
days notice, so the matter will not
come before the court until the 18th
of next month.
PETITION.
To the Honorable Albert Francis
Judd. Chief Justice Of the
Supreme Court Of the Republic
of Hawaii.
The undersigned H. L. Holstein,
of Kohala, Island Of Hawaii, re-
spectfully presents:
1. That on the 24th day of Octo-
Der, A. d. 1895, a proclamation
was duly issued in accordance with
law, ordering the holding on jan
uary 6, 1896, of a special election
to elect a Senator to fill the vacancy
caused by the resignation of Char
les Motley, in the First Senatorial
District of the Republic.
2. That one of the precincts pre-
scribed by law for the holding of
such election is designated as the
"4th precinct" of said Senatorial
District, being more fully describ-
ed i'll 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.
3. That said special election was
duly held on the said sixth day Of
January, 1896.
d. That the only candidates for
election at said special election were
Alexander Young, of Honolulu,
Island of Oahu, and your petitioner.
S. That among the ballots cast
at said precinct upon the said sixth
day Of January, at said special cleo
ton, two ballots were marked in
manner prohibited by law, viz.l
In the blank space at the right Of
the name of the said Alexander
Young on one Of said ballots, the
name Alexander Young" is writ
ten instead of a as prescribed
by law, and the other of said bal
lots is marked, in the same blank
space in which the name of the
said Alexander Young is printed,
with mark of symbol as follows,
viz; instead of X in the
blank space on said ballot at the
right of the name of said Alexan-
der Young as prescribed by law.
6. That when the said Inspectors
counted the ballots at the close Of
the said special election, both of the
above described ballots were count
ed for the said Alexander Young,
and so reported by the said Inspec-
tors to E. G. Hitchcock, Sheriff of
Hawaii.
7. 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 accordance with law, the said
two above described ballots being
included in such count, it was
found by such Sheriff that there
were one hundred and twenty seven
ballots cast for each Of said candi-
dates, resulting in a tie, and such
result was there upon reported by
said Sheriff to the Minister of the
Interior.
8. That, in accordance with the
law in such case made and provided,
the said Minister of the Interior is
now about to issue further pro-
clamation to hold another special
election to fill the said vacancy.
9. That your petitioner claims
that said two above described bal
lots are irregular and void, and
should not have been counted by
the said Board of Inspectors, nci
reported nor returned by them to
the said sheriff.
10. That if said two ballots had
not been counted for said Alexander
Young he would have had but I2s
votes at said election. and your pc
titioner would have had majority
OF two votes.
II. That all of the matters and
things hereinabove stated and Sc,
forth appear in the records on file
in the Office of the Minister of thu
Interior, to which records you,
petitioner refers for verificatior
hereof.
Wherefore the petitioner prays
as follows:
i I. That the said decision of sale
Board of Inspectors in counting
and reporting and returning to tn
said Sheriff the said two ballots 70
said Alexander Young be reversed
and that said two ballots be declar
ed illegal and void, and that th'
petitioner be declared to be tn
duly elected Senator for said Sen
atoiial District at said special cleo
ton.
2. That the Minister Of the In
terror be enjoined by a writ Of in
junction issued by your Homo
from issuing proclamation 10
another special election in sal,
District or otherwise proceeding il
the premises until this cause shall
have been finally disposed of b.
this Court.
a. That such notices shall b
given and made to said Inspector
. and to said Alexander Young an
to the Minister of the Interior ant
to any others whose rights or in
t terests are particularly affected an
: who shall be designated by tn
r Court as the law requires, and ths
$ said Inspectors and said Alexande
Young, and the Minister of I'll
Interior be summoned to appear .