The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30

Hawaii, securing and assuring the
secrecy of the ballot. and that such
violation of the secrecy of the ballot
has come about through the official
conduct of said election, and through
those to whom the conduct of said
election and the control of the ma
chinery thereof has been duly COM
mitted by law.
The undersigned protests further
that the invasion of the secrecy of
the ballot through failure of Tnspec-
tors at various polling places to con-
form to the law and rules and regu-
lations providing that the number of
the ballot shall be detached there
from before the same is deposited in
the ballot box has controlled and af-
fected the vote of many electors par
tic ularly those employed as laborers
upon public roads and public improve
ments, whereby said voters fearing
the Identification of their ballot have
been fntimidated and induced to vote
the Republican ticket when in truth
and in fact desiring and planning to
vote otherwise.
(Sgd.) CURTIS P. IAUKEA.
Honolulu, Nov. 8, 1904
That having exhausted all other
means at his command to prevent the
preparation of the frauds complained
Of. contestor in the afternoon Of said
election day, presented his bill for
az injunction to the Honorable SaE-
ford B. Dole, Judge of the United
States District Court for the Territory
of Hawaii, and obtained an order
against the election officers of th,s 10th
precinct of the 4th district restrain
ing them and each of them frora de-
facing, destroying or otherwise inter-
fering with or changing the saia ball
lot so illegally cast as aforesaid, but
before said injunction was served the
said election off RS had nutilated,
detaced and CHANGED said ballots, and
this injunction proceedings were also
Gnavailing to prevent the wrong and
outrages hereinbefore set FORTH.
Wherefore. the confession shows that
at the said election and by the means
ard methods aforesaid. Jonah X. Ka-
Ian ianaole was not duly elected as
Delegate from the Territory of Hawaii
to- the 59th Congress of the House Of
Re representatives. of the United States
of America, and that the said election
held as aforesaid was illegal and void
enc therefore the return declaring
ard returning the said Jonah K. Ka-
Ianianaole as duly elected to said Of
flee is fal~e.
Contestor therefore. prays that the
said House Of Representatives after
hearing the proofs of the aforesaid
allegations and charges may order, adj
judge and decree the said election ts3d
return of said Jonah K Kalanianaole
to the office of Delegate as aforesaid
to be Illegal and void, and that con-
testor be declared to have been duly
elected to said office, or that said seat
be declared vacant.
And he will ever pray,
{sgd) CURTIS p. IAUKEA.
Contestor.
C A GALBRAITH,
E. NJ. WATSON,
Attorneys Cor Confession.
Territory of Hawai)
)s.s.
Island of Oahu. }
Curtis P. Taukea of Iawful age, first
being duly sworn on his oath deposes
ard says; that he is the confession
tice of contest of election: that he has
carefully read the facts and state
ments therein contained and that the
same are true, except the facts alleg-
ed therein on information and belief
and those he believes to be true.
(Sgd) CURTIS P. IAUKEA.
Subscribed and sworn to
before me. this 9th day of
December, A. d. 1904
tsgd) CLARE F. WEBSTER,