The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-30

class OBJECTED to) ballots as did the
contestee. OF the official vote in the
district. as certified by the Secretary
OF the Territory, Kalanianaole received
about 81 per cent of the total vote
il $50: Iaukea received about "a per
cent and Motley received about 10 per
cent: while, after deducting the whole
1927 class l ballots, and from each the
portion of them received by him. Ka-
lanianaole has So plus per cent of the
legal vote remaining; Iaukea has "a
per cent, and Motley has II plus per
cent. This is another convincing dem
onstration that the numbered ballot de-
vice was really conceived in the inter
est of the honest, free election, and that
The allowing of any of them to be cast
with the numbers undetached was
simply an error of judgment on the part
of election officers, which worked no
harm to any of the candidates.
The Delegates attorneys say that
charges of intimidation, with refer
ence to about 1900 employees, are not
proven. I'VE are inclined to the opin-
ion.'' they say, that contestant had
and has, little faith in this charge for
he signally fails in securing any evil
dence to show that any real coer-
cion or intimidation existed or cost him
any considerable number of votes
Assertions that employees of the Ter
rftorial government We're organized in
to clubs and marched to the polls is
disposed of by quoting at length from
the testimony of Samuel Johnson.
Prince Kuhio's attorneys say there is
positively no evidence that any electors.
employees or others We're prohibited
from attending DeO1opr3 tic Their
party meetings or influenced not to do
so by their bosses, superintendent, or
other official of the Territorial govern
ment. In conclusion the brief says:
After thoroughly examining the rec
ord and Analysing the testimony, as
we'll as the charges contained in con-
testant's notice of contest. and in the
remarka BILE document filed as a brief
by his counsel. we are forced to the
conclusion that this is a case where,
without improper intent and from
msconception of their duties, election
officers have permitted in some pre-
cincts and to some extent, the illegal
reception and deposit by legal voters of
illegal ballots. In some cases they have
not sought to remedy this error, but in
such cases, as is fully set out in the
foregoing brief and in our table in the
appendix, we concede that the ballot
which we have enumerated as class 1
should be thrown out by the commit
tee and Congress, and the number of
votes received by each candidate upon
such ballots-which is fully set forth
in the record and shown by the ballots
ir evidence-be deducted from the re-
spective total votes credited to each
candidate for Delegate in Congress. We
i IL L. a l.
if the stub, containing a serial num-
Der, from which the official ballots
containing a similar number was torn,
We're preserved by the election officers
and the voters name written thereon,
it might be possible to disclose the
contents of such ballots and connect
them with the voters after the same
had been deposited, and thus the Sc
crecy be destroyed. But such is not
the case with regard to the ballots Of
class 2, where, although the ballot was
deposited by a legal voter with the
identifying number attached, it was, as
soon as the ballot box was opened, de-
tached by the officers of the election in
such manner as to make it impossible
for any person ever to discover how the
particular voter who deposited such
ballot had cast his vote"
The prayer of the attorneys is as fol-
lows:
"Contestee submits that the contest
ant has totally failed to make such
a showing as would destroy his prima
facie right to the seat in Congress as
a delegate from the Territory of Ea-
wall, now held by him, and he asks
the Committee on Elections and the
House of Representatives to find and
declare that Curtis P. Iaukea was not
elected delegate to the Fifty Ninth
Congress from the Territory of Hawaii,
and that Jonah K. Kalanianaole was
elected delegate to the Fifty Ninth
Congress from the Territory Of Ha-
wall
Secretary Atkinson has not reached
Washington, although the officials of
the Interior Department have been
watching for him. It Is understood
here that he is in New York
Mr.. Louis Marks, of the firm of Nc
Cabe, Hamilton & Renuey stevedores
of Honolulu, has been in Washington
this week on business before the De-
partment of Commerce and Labor with
reference to certain boats.