The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-12-11
STORE , OPEN EVENINGS.

key of the safe in which they were
kept The respondent, however, was
permitted to show, if he could, that
the ballots had actually been tempered
with, but the introduction of such evil
dence was postponed until after all the
packages of ballots had been present.
ed and opened so as to give the ms
pectors of the various precincts an OPP
portunity to examine and observe their
condition in order to see whether that
was the same as when they had done
up and sealed the packages. Evidence
upon this point was introduced towards
the close of the case but with refer
ence to only two precincts, as it was
with reference to those alone that the
facts disclosed upon opening and
counting the ballots seemed to warrant
an attempt to show that the ballots
had been tempered with. The court
now holds upon the entire evidence on
this subject that the ballots were in
. the condition in which they were when
deposited with the county clerk and
that they had not been tempered with.
We cannot refrain from saying, how
ever, that too great care cannot be
exercised in preserving ballots as pres
cribed by law SO that there may be
no question as to their genuineness;
and, especially in view of the facts in
this case that no one so closely iden-
titled in interests with one of the can
didates or the committee conducting
his campaign as the assistant clerk in
question should be permitted to have
access to the place in which the bal
lots are kept We may observe fur
Their while upon this subject that there
is mo evidence whatever of fraud or
attempted fraud on the part of the pc
titioner or any of the inspectors or
other officers having anything to do
with the election or, so far as dis
closed by the ballots, on the part of
any voter. There is no indication
whatever that a single vote was ac-
tually marked for the purpose of fden-
| tification or voted in a particular way
in consequence of intimidation or i'm
, proper inducements, or otherwise except
i'm the exercise Of the voters free
choice"
The syllabus is as follows:
Election contest-not recount,
allowed by statute.
THE statute relating to county cleo
, tions does not permit a recount as
, such. 1t provides merely for a contest,
| to sustain which the petitioner should
allege of his own knowledge or on in
, formation and belief and not as mere
guess-work, facts sufficient to change
' the result of the election.
| Ballots as evidence-must have
been kept safely
Before being admitted as evidence,
ballots cast at county election should
be affirmatively shown to have been
kept in their original condition.
"BaIIots--classes of, held valid.
"The following classes of ballots are
valid, when the defects mentioned are
inconspicuous or appear to be the re-
suit of accident, carelessness, ignor-
ance or want of skill or not Of evil
intent: ballots marked with an instru-
ment other than a lead pencil; ballots
on which the crosses are imperfectly
formed as when the lines are irregular
or repeated or have small hooks at the
ends of the arms, or when the lines
are Of varying lengths so as to give the
cross the appearance OF a Y or T or y
or when the cross has the appearance
of a figure 4; ballots on which the lines
of the cross are perpendicular and hor-
zontal instead of oblique, or on which