Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-02-01

lie IildiH petition FeclteS as 1OHO"S.
Your petitioner, George D. Gear, re-
specially represents
81 That your petitioner now is, and for
number of years last past has been. a
resident Of the Hawaiian Islands, and was
said resident and citizen of the United
States before the annexation thereof. That
since said annexation your petitioner was
and Is a duly qualified voter of the territory
of Hawaii, and at the election held therein
on the 9th day of November 1900 your
petitioner voted at said election.
That prior to said election, to wit: on
or about the 22d day of September. 1900.
the governor of said territory of Hawaii
issued an election proclamation calling for
the election, on the 9Th day of November
following, Of a territorial legislature as
provided for by the laws of the territory Of
Hawaii and at the same time called for the
election of a delegate to Congress for the
Fifty-siXth and tifty-seyenth Congresses
Of the United States.
20 That there existed no law for or no
machinery, or mode. or manner of holding
an election for such delegate to Congress
under the laws Of the territory of Hawaii
at the time Of the calling of said election
or at the Tune OF such election, but that
nevertheless said election was held on the
9th day of November. 1900, and at said
election one Robert w. Wilcox, candidate
of a party known the independent home
rue party, received the highest number of
votes cast for delegate, leading Samuel
Parker, candidate of the republican party.
by 2d3 votes. the said Samuel Parker re-
ceiVing the next highest number of votes
Judicial Decision on Writ.
Petitioner is informed and believes that
at the time Of holding said election there
were many voters who did not believe thar
delegate to Congress co,-'d properly be
elected until after some proper machinery
or method of holding the election was pro-
vlded by the legislature of the territory of
J. a ND hr
said belief
That prior to the issuance of the certifi-
cate of election to said Robert W. Wilcox
as delegate to Congress your petitioner, as
one or the attorneys for certain citizens
and voters of the territory of Hawaii an
Piled to the proper judicial tribunal of the
territory of Hawaii for writ of quo war
rant to test the legality Of said election
Tor said office of delegate to Congress- but
said writ was denied on the ground that
Congress was the only judge of the cleo
non, and an application for an Injunction
against the issuance of the certificate of
election was also denied without a decision
as to the legality of the election, and petit
TONERS had no other remedy in the courts
OF the territory of Hawaii.
AND your petitioner is informed and be-
lieVes that the said Robert w. Wilcox
was on or about the year 1889 married
TO an Italian lady, one Gina Sobrero, in
Turin, Italy; that few years thereafter
he separated from said Gina Sobrero and.
or about the Goth day Of August, 1896,
intermarried with another, one Theresa
Cartwright. with whom the said Wilcox
lived continuously thereafter up to the
present time, and petitioner is informed
and believes that no divorce was ever de-
creed between said Gina Sobrero and said
wilcox until the year 1900. when the said
GINA Sobrero In Turin. Italy, obtained
decree of separation against said Wilcox
said wilcox not being permitted by said
decree TO remarry, and by reason of said
second marriage Wilcox was and is guilty
of bigamy
Alleged Conviction of Treason.
"Your petitioner is further informed ana
believes that the said Robert w. Wilcox
was arrested and tried for treason against
the kingdom of Hawaii in the year -;
| was tried and found guilty of treason
against the republic of Hawaii in the year
1895, and was sentenced by the military
commission to be hanged therefor, but upon
recommendation of the cabinet the sentence
was thereafter mitigated and modified by
| the president Of the republic of Hawaii by
a sentence of thirty-five years impr1son-
ment and $4,000 fine. as appears by
| copy of the proceedings filed herewith ana
marked Eek. A. said Wilcox being subse-
quently pardoned, however. That said VIII
cox in his speeches prior to election made
use of the strongest kind Of anti-Amerlcan
utterances for the purpose Of carrying the
election telling the native Hawaiians that
the Americans had stolen their country and
that q vote for him was vote for the