The Hawaiian gazette., 1905-07-21

elected last June, is to have his seat on
the Board of Supervisors contested by
Abraham Fernandez, Democratic can
didate for the same Office, whom the
executive of the territory by virtue of
having given certificate of election to
Mr.. Adams. indicates was defeated.
Mr.. Fernandez, however, is of differ |
-ent opinion, for in suit in the Su-
preme Court which he filed yesterday
afternoon, he says the court was wrong
and that he, and not Mr.. Adams, was
elected. =
Mr.. Fernandez has bunch of Demo-
cratic attorneys behind him to argue
his case-Messrs. Watson, Ashford and
Edings. Mr.. Fernandez claims that dis
honesty in making the count was re-
sponsible for his defeat. If an honest
count had been made, Mr.. Fernandez
AYERS, he would have received 1920
votes. He believes that $40 votes
cast for himself were thrown out
and that these, if counted to his credit,
would have elected him. He tells the
whole story in the following document
which is now a matter of record in the
Supreme Court:
IN THE SUPREME COURT OF THE
TERRITORY OF HAWAII.
To the Honorable, the Justices of the
Supreme Court Of the Territory of
Hawaii.
The undersigned, Abraham Fernan-
dez, petitioner, citizen of Honolulu,
Territory of Hawaii, respectfully repre-
sents:
1. That he is citizen of the United
States. and of the Territory of Hawaii,
and has been a duly qualified elector
of said Territory and of the Island of
Oahu, now the County of Oahu, for
more than one year prior to the Goth
day of June, A. d. 1905.
g. That he is legally qualified to be
elected and to hold Office of member
of the Board of Supervisors of the
NOulty VI Niiu, ItiiitOiy Va Aid wan
g. That at the regular county cleo
ton in the County of Oahu aforesaid,
on the Goth day of June, A. d. 1905,
duly and legally held under the provi-
sions of law and especially of Act SO
of the Laws of the Territory of Hawaii
of 1905, he was a candidate for election
as a member of the Board of Super
visors for the County of Oahu afore-
said to be elected at large and to hold
said Office from the first day of July,
A. D. 1905, until twelve o'clock M. on
the first Monday in January, 1907. That
as such candidate his name was duly
placed upon the official ballot to be
used at such county election in said
county.
4. That as a result of the count of
the ballots voted at said election, by
the officers of said election, his oppon-
ent, E. r. Adams, was returned as
having received a majority of the votes
cast at said election and received a
certificate therefor, but that If all of
the votes had been counted for your pc
titioner that were legally cast for him
at said election and only the votes
counted that were legally cast for the
said e. r. Adams, your petitioner would
have received majority of all the
votes cast and a certificate therefor.
S. That the said election and the
said return of the said E.. r. Adams is
false, fraudulent and untrue in this:
That at the general return of votes
for said Office it was untruly returned
that at said election in the County of
Oahu aforesaid there were voted for
your petitioner for said office but two
thousand two hundred and fifty votes,
whereas, your petitioner alleges,
charges and verify believes that at
least two thousand eight hundred and
twenty votes We're voted for him, said
Abraham Fernandez, for said office at
said election in said county and in the
various precincts composing the cleo
ton divisions in said county, the diff
ference between said member, and the
number accredited to this petitioner be-
ingEerrors committed in the counting
of the votes by the respective officers
of election. by not keeping proper tall
lies of votes, and by not counting the
votes in the manner directed and re-
quired by law. and by counting votes
for the said f. r. Adams which should
have been rejected. and by rejecting
and refusing to count said votes to the
number of at least five hundred and
seventy, alleging that the same were
effectively, improperly and Illegally
marked. which said votes SO rejected,
your petitioner charges and alleges,
We're improperly rejected and marked
defective by said officers. and should
have been counted for your petitioner
as will appear by a recount of the bal
lots voted at said election.
g. That all of said acts were done
and committed with the intent and
purpose of holding an undue election
and with the desire TO prevent an hon
est expression of the popular VIII at
said election and a true ascertainment
of the real votes of the qualified cleo
tors re iding in said island and county
who voted at said election and that in
pursuance of said conduct on the part
of the election officers the popular will
OF the voters at said election was not
ascertained. but was defeated.
Wherefore your petitioner prays;