The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-11-09
MAKE
FRAUD CHARGES
Say the Secrecy of Ballot Was De-
stroyed and Get Out an
Injunction.

The excitement among the Demo
Gratis over what they called the viola
tion of the secrecy of the ballot at
yesterdays election, decided them TO
make a contest. On their application,
Judge Dole issued an injunction
against the inspectors of election for
4 the Tenth precinct, Fourth district.
The injunction follows:
I'm THE DISTRICT COURT OF THE
UNITED STATES IN AND FOR
/ THE DISTRICT AND THE TER
RITORY OF HAWAIIAN EQUI-
TY.
Curtis P. Iaukea vs. w. H. Charlock,
| 6. A. Long. and Daniel Kalauawa,
INSPECTORS of Election, Tenth Pre-
cinct. Fourth Representative Dis
triet, Territory of Hawaii-injunc-
ton
To the Honorable Sanford B. Dole,
Judge OF IuS DISlI1CI COd1l VI tAC
United States in and for the Dis
trict and Territory of Hawaii.
The undersigned, Curtis P. Iaukea,
complaining of w. H. Charlock, G. A.
Long and Daniel Kalauawa, residing
at Honolulu, Island of Oahu, Territory
aforesaid. duly qualified and acting in
| spectors of election for the Tenth pre-
cinct of the Fourth Representative
District of the Territory of Hawaii,
respectfully represents and shows unto
your Honor as follows:
| That he, the said Curtis F. Iaukea, is
| the duly qualified candidate of the
Democratic party for the office of Dele
gate to the House of Representatives
of the United States of America, to
serve for the seth Congress thereof, and
/ has been voted for as such delegate
/ by electors who are qualified to vote
| By law at said Tenth precinct of said
Fourth Representative District. That
a large number of ballots have been
deposited by said electors for said Of
flee of Delegate to Congress, as fol-
| lows: Said ballots are attached to
mum bered stub, and in one corner of
said ballot, which corner is perforated
for purposes of detachment therefrom,
Is contained HuElO0T O1 Sdio DdlIOl,
being the same number which is print
ed upon the stub aforesaid. That over
two hundred ballots have been cast in
said precinct, with the numbers upon
said ballots as last above referred not
/ having been removed or detached from
/ the same. That said ballots $50 cast are
1 absolutely illegal, null and void, and
/ that it is the duty of said inspectors to
hot + And
Attorney General of the Territory of
Hawaii, has this day rendered an
opinion as such attorney general, hold
ing that said ballots have been legally
cast and should be counted, and petit
tioIer is informed and believes that
it is the purpose and intention of said
/. Inspectors of Election at such Tenth
spolling precinct to detach the numbers
from said ballots so illegally cast. as
aforesaid, whereby, said ballots will be
6efaced and the evidence of their lille
gality lost and destroyed.
/ Wherefore, and inasmuch as petit
toner is remediless at law, he prays
1 that a summons may be issued
out of and from this Honorable Court
| directing the above named defendants
to appear and answer this complaint as
provided by law, and that meanwhile a.
| temporary injunction issue out of this
Honorable Court restraining and en-
Joining said Inspectors, and each of
them, from defacing, destroying or
otherwise interfering with or changing
said ballots so illegally cast as afore-
said until the further order of this
/ Court, and that upon a final hearing
| hereof that the Court make said tenn
| porary injunction permanent, and for
| costs, and for such other and further
| relief as may appear to the Court to be
| equitable and proper.
(Sgd) CURTIS P. IAUKEA.
w. A. Kinney, C. A. Galbraith and
| E. NJ. Watson, attorneys for petitioner.
| Territory of Hawaii, }
| Island of Oahu. )ss.
| Before me this day personally APP
| peared Curtis P. Iaukea, who, being
l first tluly sworn, on oath says: that he
I is the petitioner named in the fore
| going complaint: that he has read the
| same and is familiar with the contents
| thereof; that the matters and things
therein alleged are true, except as to
/ the matters and things alleged on in
1 he believes them to be true.
| (Sgd.) CURTIS P. IAUKEA.
| Sworn to and subscribed before me
this sth day of November. A. D. 1904
| (sgd., GUss1E H. CLARK
| Notary Public, First Judicial Circuit,
| Territory of Hawaii.