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

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 posi-
Bile by reason thereof, the election v as
wholly illegal and void at each aud
every precinct where the same We're
voted. to wit: the Bird of the first, he
1st and End of the second, the End,
5th, 9th, 18th and 18th and 18th of the
third, the Bird, 5th, 9th and 10th of the
fourth, and the LIST, End, 9Th, 18th, Sth,
eth, 10th and 18th of the fifth district.
and that confession is advised and be-
lieves and on such information and
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 We're illegal and void. and
none of them should have been count
ed and that the total of the votes east
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 by
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 fIh
precinct of the 3rd election district on
the NOR ing following said election,
to wit: November 9Th, the Chairman
of the Board of Election Inspectors in
the presence of two citizens not cleo
ton 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, wrongfuIly mutilated the ballots
in like manner, for the purpose, as
contestor is informed and believes, Of
destroying primary evidence of the IL
legality OF said ballots; that confession
L, otested to the inspectors of election
at the various precincts in the 3rd
and 4th Districts, also to the Governor
and Secretary of said Territory
against depositing the ballots in the
box with the numbers on them, and
again protested, before the counting
OF same was begun, against the
n,utilation of the ballots by removing
the numbers after they have been
placed in the box, orally and in writ
ing but to no avail; that his written
protest to the Governor and Secretary
Of the Territory was in words and fig
ures following, to wit:
To Geo. r. Garter, Governor of the
Territory Of Hawaii. A. L. c. At
kinson, Secretary of the Territory
of Hawaii: The Inspectors of
/. Election at each and every polling
place throughout the Territory of
Hawaii; ard to Whom it May Con-
Germ:
The Undersigned, Curtis p. Iaukea,
duly qualified candidate for Delegate
to the House of Representatives of
the United States to serve for the 18th
Congress thereof hereby notifies you
ard each of you of his intention to
protest, and he hereby does protest
against the election held in this Ter
ritory this Sth day of November, A.
D. 1904, on the ground that said cleo
ton is null, void and fraudulent and
in fact because no election as proVid-
Ell by law has been held in this Ter
ritory; in that said election has been
held and conducted in violation of the
Election Laws of the Territory of