Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-19
STEWART FILES
ELECTION CASE
IN SUPREME COURT

The petition in the matter of c. b
Male and others relating to the recent
county election and praying that the
decision of the boards of inspectors Of
1 election of several of the precincts OF
the Fourth and Fifth Districts be re
versed. was filed in the Supreme Court
this forenoon by Attorney 2. McCants
Stewart.
The petition signed by thirty duly
qualified voters of the Fifth District
1t sets forth that the total number OF
ballots cast was $3.50 and that the in.
spectors Of election of the precincts
referred to rejected about 7i5.
The First Precinct of the Fourth
District is mentioned as having been
presided over by the following inspect.
ors: John Eninger (chairman), Harry
Macfarlane and stephen Muaunia. II
Is further mentioned that In counting
the ballots, twenty were rejected on
the ground that the voters thereof vot.
ed for too many supervisors. or clerks,
or both; twenty on the ground that
cross was in the small space below
the name of the candidate; two on the
ground that the same contained marks
OF identification, making a total OF
forty'two ballots.
II is claimed that in rejecting these
ballots the inspectors acted contrary
to law; that the rejected ballots were
valid: that no more names were voted
for than there were offices to be
filled, except the Office of Supervisor,
or clerk, or both, that the rejected bal.
lots did not contain any mark or sym.
Dol whereby they may be identified or
any mark or symbol contrary to law;
that two or more OF said ballots were
not found In the ballot box so folded
together as to make clearly evident
that more than one ballot was put in
by one person; that the ballots were
in conformity with law.
The petition goes on to mention the
various precincts protested against.
giving the names of the inspectors and
the number of ballots thrown out the
latter being as follows: Third Pre-.
cinct of Fourth. A.; Fis,h OF Fourth,
82 Eighth Of Fourth. ii; First Of
Fifth. IS; Second Of FIT 20; Sixth
of Fifth, 90; Seventh OF Firth, l7S.
Other grounds claimed by the in.
speCtors for throwing out ballots and
not already mentioned in the case of
the First Precinct OF the Fourth Dis.
trict, are as follows: Soiled. spoiled
blotted or blurred ballots; improperly
made crosses; one leg of a cross made
too long; marks made half in ink and
half in pencil: torn ballots.
Lastly, the petitioners allege that
the law provides for free ballot and
q fair count, and for an award of the
certificates of election to persons leg.
ally indicted thereto.
The petitioners pray that process
may issue, citing the inspectors of
election referred to and the PERSONS
having RECEIVED certificates OF 'elec.
in fourteen days after service. Fur.
ther that, upon the hearing of the pc.
ution. petitioners may have judgment
% setting aside the decision OF the
Board OF inspectors of Election; (2l
counting said ballots; (3) declaring
what persons have been legally elect
ed said county officers; (4) awarding
them certificates of election and direct
ing the Secretary of the Territory
10 issue the same. and five granting
such other relief as the Court may
deem just
The order of the court, setting the
return day for December I, is as fol-
lows:
Let Summons issue commanding the
High Sheriff of the Territory of Ha-
vail, or any OF his Deputy Sheriffs, of
the Island of oahu, to summon the
Boards of Inspectors of Election of
the First, Third and Eighth Precincts
Of the Fourth Election District, and
the First, Second, Sixth, Seventh,
Eighth and Ninth Precincts OF the
Fifth Election District, and the follow
lug named candidates returned by
them as elected, namely: Mark p. Rob-
iLson, John Lucas, Frank II. Harvey.
\. Hooking, j. A. Gilman, j. NJ. Ke-
aloha, and 5. X. Mahoe, Supervisors:
Assessor; and Arthur NJ. Brown, Sher-
If; Harry T.. Murray. Clerk; c. p. lau-
kea, Tax Assessor; Isaac II, Sherwood,
Auditor; William T. Rawlins, District
Attorney; $. L. Damon, Treasurer;
Chris J. Willis, Surveyor, to appear at
~ o'clock a. m. on Monday, December
Z, 1903, before the Supreme Court OF
the Territory of Hawaii, to answer the
annexed petition OF c. b. Male and
Others, praying that the decision of
said Inspectors of Election in the mat
Ter OF the election of County officers.
held on November 3rd, A. ID. 1903. be
set aside, etc, service hereof made
upon the chairman of each of said
Boards of Inspectors OF Election shall
be sufficient service upon such Inspec-
tors of Election; and to have then and
there said Summons with full return of
his proceedings thereon.
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