The Hawaiian gazette., 1904-12-30
COL. IAUKEA BE-
GINS HIS CONTEST
(Contirued from Page IL

the contestor deprived of the office to
" hich. but for the frauds, intimida-
tions and coercion aforesaid, he would
otherwise have been declared lawfully
elected.
You are further notified that by
reason of the Illegal ballots voted and
counted as aforesaid and the IN
timidation and coercion made possi-
BIZ. by rea son thereof the election was
wholly illegal and void at each and
every precinct where the same were
voted to wit: the 3rd of the first, The
| lst and End of the second, the End,
9Th, 9th, 10th and 18th and 18th of the
| third, the 3rd, 5th, 9th and 10th of the
| fourth. and the 1st, End, 9Th, 9TH, Sth,
| 9th, 10th and 11th of the NTH district,
and that contestor is advised and be-
leves and on such information ana
belief alleges the fact to be that such
illegal ballots were voted at many
other precincts in said Territory and
that all of the ballots cast at said
precincts were illegal and void and
none of them should have been count
ed and that the total of the votes cast
and counted for said office at the pre-
cincts aforesaid were more than 5000
and in excess of the majority of the
vote certified to have been received pv
the contestee; that in furtherance OF
| the wrongful purpose and intention OF
printing the ballot numbered as afore-
said it will appear that in the ith
precinct of the 3rd election district on
the morning following said election,
| to wit: November 9th, the Chairman
of the Board of Election Inspectors in
/ the presence of two citizens not elec-
| tion officers was publicly inspecting
| the ballots cast at said precinct and
checking them up by means of the
number and name on the poll list anu
aecertaining and making public how
and for whom each elector had voted;
that the election officers in the 10th
precinct of the 4th District after some
| 200 votes had been cast with the num-
bers on the ballots as aforesaid
| against the contestors written protest,
mutilated said ballots by wrongfully
tearing off the said numbers, and con-
testor is advised and believes and on
such information and belief alleges the
| fact to be that the election officers at
ether precincts throughout said Ter
ritory, by and with the advice and
under the direction of the Governor
and Attorney General of said Terri
tory, wrongfully mutilated the ballots
in like manner, for the purpose, as
contestor is informed and believes, OF
destroying primary evidence of the H.
legality of said ballots: that confession
protested to the inspectors of election
at the various precincts in the Src
and 4th districts, also to the Governor
and Secretary of said Territor,
against depositing the ballots in th'
box with the numbers on them, an'
again protested, before the counting
of same was begun, against tn
: mutilaton of the ballots by removing
{ the numbers after they have beel
| placed in the box, orally and in writ
ing, but to no avail; that his writer
e protest to the Governor and Secretar,
' OF the Territory was in words and fig
= ures following, to wit:
= To Geo. r. Carter, Governor of tn
Territory of Hawaii, a. l.. c. At
.. . kinson, Secretary of the Territor
Election at each and every pollin
place throughout the Territory q
u Hawaii; and to Whom it May Con
Germ
The Undersigned. Curtis p. Iauke'
N y duly qualified candidate for Delegat
to the House of Representatives {
the United States to serve for the 59t
" Congress thereof, hereby notifies yo
Y ard each of you of his intention
" protest, and he hereby does protes
- against the election held in this Tel
ritory this Sth day of November, J
- d 1904, on the ground that said eleC
" ton is null, void and fraudulent an
- In fact because no election as provit
" ed by law has been held in this Te
ritory; in that said election has bee
W held and conducted in violation of II
: Election Laws of the Territory
Hawaii, securing and assuring Il
- secrecy of the ballot, and that SUE
violation of the secrecy of the ball
has come about through the ofiici
conduct of said election, and throui
- those to whom the conduct of sa
y, election and the control of the IN
W cfinery thereof has been duly col
mitted by law.
The undersigned protests furtf
~ that the invasion of the secrecy
~ the ballot through failure of 1nsp'
tors at various polling places TO &C
, form to the law and rules and res
,,, lations providing that the number
~, the ballot. shall be detached the
~. from before the same is deposited
~ the ballot box has controlled and
49, fccted the vote of many electors p
tic ularly those employed as labor
upon public roads and public impro
~, monts whereby said voters fear
the identification Of their ballot hI
l., been intlmidated and induced to v
a., the Republican ticket, when in trl
~, and in fact desiring and planning
49,, vCtc otherwise.
(Sgd) CURTIS p. IAUKEA
~ Honolulu, Nov. S, 1904.
ned That having exhausted all OF
re- means at his command to prevent
l., A., lli