The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-07-20

E. R. Adams, Republican Supervisor.
at-large for Oahu County, who was
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 fled yesterday
afternoon, he says the court was wrong
and that he, and not Mr.. Adams, was
elected.
Mr.. Fernandez has a 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 2S2O
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 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 a 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.
2. That he is legally qualified to be
elected and to hold Office of member
of the Board of Supervisors of the
County of Oahu, Territory of Hawaii.
8. That at the regular county elec-
tion in the County of Oahu aforesaid,
on the 20th day of June. A. D. l9o5
duly and legally held under the provl-
sions Of law and especially of Act 81
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. Ihat
as such candidate his name was duly
placed upon the official ballot TO De
used at such county election in SAID
county.
q. That as a result of the count OF
the ballots voted al said electloh' oS
the officers of said election, his oppoh-
ent. E. r. Adams, was returned as
having received majority OF the votes
cast at said election and received
certificate therefor, but that II all OF
the votes had been counted for your Pc
t;tioner that were legally cast for him
at said election and only the votes
counted that We're legally cast Tor the
said E. r. Adams, your petitioner would
have received a majority OF all the
votes cast and a certificate thereIor.
: That the said election and the
said return of the said e. Il. Adams ls
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
oabu aforesaid there were voted for
vour netitioner for said office but two
thousand two hundred and hfty votes
whereas, your petitioner aiieses'
charges and verify beileVes tha' d.
least two thousand eight hundreo anu
twenty votes We're voted TOT HIM. saiu
Abraham Fernandez, for SAID ONCE a'
said election in said county ana III 'he
various precincts composing the eiec-
tion divisions in said county. the olI-
ference between said member, ana the
p,,n,har accredited to this petitioner De-
ing errors committed in the counting
Of Tho votes by the respective officers
of election nv not keeping proper tai
lies of votes. and by not counting 'he
votes in the manner directed and re-
ouired by law. and by counting votes
for the said z. r. Adams which shouio
have been rejected. and by reJectlhs.
and refusing to count said votes TO the
number Of at least five hundred anu
seventy. alleging that the same were
defectively. improperly ana hiesais
marked. which said votes SO FeJeeeo