The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-21
ELECTION
NOT VOID
Scheme To Down Wilcox
Is Frustrated.
HUMPHREYS DECISION
A. B. loebsnstein Of HiIo Petition 5
tbs Circuit Court ia -
Vair.


An attempt was made yesterday by A.
b. Loebenstein to have the recent cleo
ton for Delegate to Congress declared
void. and the Office made vacant. Loe-
bernstein filed a petition in the Circuit
Court. asking that Robert Wilcox be
brought into court and commanded to
cease assuming the title OF Delegate
elect and that the election be declared
null and void.
AIR. Loebenstein proceeded on the the
DRY that the election was void as accord
ing TO the terms OF the Territorial Act
elections for Delegate are to be held at
the times. places and in such manner as
Is fixed by law" As no Legislature has
been yet In session and no laws have
been passed In regard TO such elections,
Mr.. Loebenstein contended that the cleo
ton was void. Judge Humphreys did not
agree with him. however. and he refused
70 issue the order 10 show cause. thus
lending an incident which for a time seem
ed to mean pilikis for the Congressman
elect.
Loebensteir's petition recites that he
Is an elector Of the Territory of Hawaii;
that on November q. 1909. an election was
held for the ONCE OF Delegate to the
States. TO serve during the unexpired
term os the Fifty-sixth Congress Of the
said United States and the Fifty-seventh
Congress. At this election one Robert
w. Wilcox received the greatest number
or votes for said Delegate TO the House
lof Representatives.
On the 18th and 10Th days of November
and at other times since the election, ha,
lclaimed the Office of Delegate and has
lusurped this office.
I.oebenstein further holds that Their,
was no authority in the Territorial Ac
nor In any law OF the United States moi
lof the Territory. to hold an election fol
Delegate to the House of Representative,
10 serve during the unexpired term o.
the Fifty-sixth and for the Fifty-seventl
congress. He states also that Wilco,
during all the time since November 6tl
has claimed to be Delegate to the Hous
or Representatives and to have use ant
lenjoy all the liberties. privileges AM
franchises appertaining to said Office
Wilcox. he goes on, has usurped and doe
usurp this office against the dignity o
the Territory and TO its damage an
! prejudice
Boebenstein prays that Wilcox may b
> compelled TO make answer to his petitio
and TO compel him to make answer to nj
petition and to show by what authorit
ne claims to have use and enjoy the OF
flee of Delegate, and that election be DE-
clared null and void.
He prays therefore that an order be !,
sued granting permission to file this In
: formation and demands judgment. ths
the recent election for Delegate to Cor
gress be declared null and void and ths
Robert W. Wilcox be adjudged not to /
entitled to the office of Delegate to N
House OF Representatives, and that he I
ousted therefrom by the Judgment OF n
court.
SAILORS GET THEIR MONEY.
TnS striking sailors of the bark Empil
are TO get their money. Judgment hs
been satisfied in the case brought b
Christopher Collins and others OF II
crew against the Empire and the ca.
VIII be discontinrd 1t will be remen
be red that the case was dc cided again
tie bark by Judge Estee I'm the Unit
3 States District Court some months az
! and that II was appealed to the Circu
. Court OF Appeals at San Francisco. tt
5 papers have already been forwarded
r the San Francisco court but the owne
y and agents Of the vessel have decide
- that the amount involved, which was ye,
3 small. did not Justify them I'm 'carryir
B the case higher. 40 the Judgment viii
n paid and the case brought TO an end.
= DIVORCE CASE DRAGs
The Miner divorce case made lit
~ progress In the Circuit Court yesterda
AZ fnOtt OF tne Gay was consumed IN n
+ guments on an objection TO a questi'
Z propounded 10 Mrs. Miner early IN :
day. The question related to alimcn
y ard counsel for the different sides of :
3 case-Messrs. Hatch lind Silliman 4
q Mrs. Miner and Cecil Brown ana "
- COON and Thompson for DIR. Miner a
y gued the matter all the rest "a the ds
3 the objection being finally sustained
= Judge Humphreys. The trial will b
q sunsd today.
q ENRICHMENT SUIT SETTLED
q The ejectment suit OF Benito Cue re
~. A. dos AMOS Perry was settle,l
compromise yesterday and a discontir
& ance was filed. The case involved Ian
n at wailupe. just beyond Diamond He'
q PETITIONS FOR LETTERS.
e. Mrs Kaimiwaiwai Kama yesterday ;
- piled for letters of administration of
estate Of Manuahi Kanelawaia. a, nat
e fisherman OF waihee. Oahu. who died
q July 18th. 1899. His property consists
real estate and personally valued at s
- APPoINTMENT FOR a. @. KACL
KOU.
Abraham G. Kaulukou yesterday
IS srmed the duties of fourth deputy cl
q OF the Circuit Court. taking the place
a Frederick ID. Smith, who resigned.
Kaulukou will be remembered as
= Dung Hawaiian whose graduation
4 dress at oahu College last June crea
Z. such a stir and caused so much favora