The Hawaiian gazette., 1904-11-11


against the inspectors of election fol
fine Tenth precinct. Fourth district
The injunction follows:
IN THE DISTRICT COURT OF THE
UNITED STATES IN AND FOH
THE DISTRICT AND THE TER
RITORY OF HAWAII-IN EQUI'
'TY.
Curtis P. Iaukea VS.. w. II. Charlock
G. A. Long. and Daniel kalauawa
INSPECTORS of Election, Tenth Pre-
cinct. Fourth Representative Dis
trict, Territory of Hawaii-injunc-
ton.
TO the Honorable Sanford B. Dole,
Judge of the District Court of the
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,
your Honor as follows:
That he the said Curtis p. 1aukea, Is
the duly qualified candidate of the
Democratic party for the office of Dele
gate to the Houte of Representatives
of the United States of America, to
serve for the 59th 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
numbered stub, and in one corner Of
said ballot which corner is perforated
for purposes OIL detachment therefrom,
is contained the number of said ballot,
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
absolutely illegal, null and void, and
that it is the duty of said inspectors to
Attorney General of the Territory of
Hawaii, has this day rendered an
opinion as such attorney general, hold
Eng that :aid ballots have been legally
cast and should be counted, and peti
tiorer is informed and believes that
it is the purpose and intention of said
Inspectors OF Election at such Tenth
polling precinct to detach the numbers
from said ballots so illegally cast, as
aforesaid, whereby said ballots will be
defaced and the evidence of their lille
gality lost and destroyed.
Wherefore, and inasmuch as petit
doner is remediless at law, he prays
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 |
T.. NJ. Watson. attorneys for petitioner.
Territory of Hawaii,
Island of oahu. )ss.
Before me this day personally APP
peared Curtis +. Iaukea, who, being
first duly sworn. on oath says: that he
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
and belief. and as to these
he believes them to be true
(SgdD CURTIS 7. lAUKEA.
Sworn to and subscribed before me
this Sth day of November, a. D. 1901.
tSeal)
1SgdD GUSSIE II, CLARK,
Public First Judicial Circuit,
Territory OF Hawaii.