The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-21
his APPLICATION Is
PROMPTLY DENIED
Lobenstein Attempts a
Proceeding to Dust
Wilcox.
JUDGE HUMPHREYS RULES IT OUT
CONTENDS THAT THE ELEc
TON WAS So7.AUTKoR-
lied BY LAW.
Says Elect has Usurped
the ohee-Asks for an Or
der to Show Cause
OF Acton.

4 3. Loebensrsin Yesterday made AZ
Intellectual attempt TO institute against
Robert Wilcox an order 10 show cause
shy be should not be ousted from tho
0:zse Of territorial delegate to congress.
b his attorney. George \. Davis. he :
I-ared before Circuit Judge Humphreys
and made az application for the ordar.
Il was promptly denied by the judge.
Mr. Davis appeared in court at the
Opening Of the morning session. paper
in hand. he started TO address the
court. Judge Hamphreys refused to
hear him. saving hat it vas not a court
case. huf case 20 be heard in charl-
bers. Mr. Davis reminded the judge
that he had promised to hear the matter
. yesterday st 10 O'Clock. The court Their
Commanded the bailif to announce that
the Judge was now sitting in chambers
This id NOT take long and the judge
resumed his seat and Mr. Davis Offered
his application.
The application is denied said the
judge quickly. and that settled the MAJ
ter. The court went into session again
and the paper with the denial was placed
on file
Mr.. Loebenstein's application recites
that an election was held November 6 foI
q delegate to the Fifty-sixth and Fifty
seventh congresses; that Loebenstein Is
Ia citizen of the United States and an
elector of the Territory of Hawaii tina;
at the election Wilcox received the higl-
est number OF votes and on the 18th
and both of this month and divers other
times he has claimed the office and
usurped it in fact. Loebenstein AYERS
that he verify believes that neither tn
Organic Act nor any law of the United
States authorized the holding of an cleo
ton for either office. He says Wilcox
claims the office without any legal war
rant. right or authority whatsoever
He holds that such pretense is against
the dignity of the territory and acts to
its great damage and prejudice The
relator and complainant prays that the
consideration Of the supreme court b.
had in the premises and by due process
of law n decree may be awarded against
Wilcox TO compel him to make answer
and show by what authority he claims
the office. The application concludes as
follows:
That said election for delegate to
the house of representatives of the Unit
ed States of America so held on the 9th
day Of November, \. D. 1900 in this
territory was held contrary TO law and
said relator and complainant alleges and
says that said election is null and void
And said complainant and reIator
therefore petitions and prays that an or
der may be issued by your honor. the
Honorable \. S Humphreys. First cir
cult judge. granting leave to file this
information and demand Judgment
G)-That said election for delegate TO
the house of representatives so held rs
set forth in the foregoing i:formation be
declared null and void. (21-That SAID
defendant. Robert W. Wilcox. be adj
judged not 10 tee entitled 10 said office
Of delegate to the house of representa-
tiveS and that he be ousted therefrom
by the judgment of this honorable |
,ourt