The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-12-11
FERN DEMURS TO
RECOUNT PETITION
(From Wednesdays Adve+tiser.) }

kETUu Ntuuthudy FufNitiScAI
A demurrer to the petition contest
ing his election was yesterday fled on
behalf of Mayor-elect Joseph J. Fern
by f. NJ. Watson and w. W.. Thayer
representing him. The demurrer con.
tains four paragraphs, but there are
two things in particular which are re.
lied on. One of these is section 81 of
chapter II of the City and County
Act, which is identical with section
Al of the County Act. This is as fol-
lows:
"Any candidate directly interested,
or any thirty duly qualified voters of
any election district, may file a petit
tion in the Supreme Court of the Ter
ritory setting forth any cause or causes
why the decision of any Board of In
spectors should be reversed, corrected
or changed -
The present contest is not begun in
the name of Lane himself, but in the
name of thirty-odd voters. But 1T
does not appear from the petition what
election district these voters are from,
or that there are thirty from any cleo
tion district, nor hence that the pro-
ceeding is properly brought. Involved
in this is the question of what an cleo
tion district is, whether it means an
election precinct, or representative
or senatorial district, or a district into
which the city and county is divided
for the purpose of electing deputy
sheriffs, these being the only districts
known by that name, to the law.
The other principal ground of de-
murrer is the allegation in the petition
that the total number of votes claimed
to have been cast for Lane is 21SS,
while the returns give him 22l2, and
give Fern 1920.
The demurrer is as follows:
"Comes Joseph j. Fern, respondent
above named, in his proper person, and
demurs to the petition fled against
him in the above entitled proceeding,
| and for causes of demurrer shows:
81. That said petition does not
state facts sufficient to justify the
granting of the relief prayed for there.
in, or any relief against this respond.
ent, under the provisions of Act lis
of the Session Laws of 1907, or under
any law or laws of the Territory OF
Hawaii,
"2. That the allegations of said
petition are ambiguous, unintelligible
and uncertain, in that it appears there
from that although petitioners claim
that one John c. Lane, candidate fol-
the office of Mayer of the City and
County of Honolulu at the recent elec
ton referred to in said petition, re
ceived large number of votes which
were legally cast for him but not count
| ed, and should have been declared duly
elected to said office, it further appears
from paragraph numbered IL of sale
petition that the total number of votes
claimed by petitioners to have been ST
legally cast for said John G. Lane fol
said office of Mayor numbered onl,
PISS, whereas the official returns as Sc
out in paragraph of said petition
show that said John c. Lane received
n total of 1912 votes, and that respond
ent Joseph j. Fern received total OF
2220 votes for said Office of Mayor
and was duly declared elected to sait
office.
"3. That it does not appear from
said petition in what election distric
or districts the petitioners, or any o.
them, are now, or were at the tim,
of the holding of the election referred
to in said petition, qualified voters.
"a. That is does not appear iron
said petition that the required nun
ber of qualified voters of any electio,
district have Joined in the bringing o
this proceeding, or that this court ha
any jurisdiction in the premises.
Wherefore respondent pTays iudg
ment whether he shall be required t
further answer make, and that sal
! petition against him be dismissed, an
for his reasonable costs in this behal
: sustained"