The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-12-09
FERN DEMURS To
RECOUNT PETITION
Says 1t Does Not Set Out
Grounds Warranting Any
Such Action.

| A demurrer to the petition contest
ing his election was yesterday filed 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 III 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
ton in the Supreme Court of the Ter
ritory setting forth any cause or causes
why the decision of any Board of In
specsors 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 it
does not appear from the petition what
election district these voters are from,
or that there are thirty from any cleo
ton 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 a 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
10
murrer is the allegation in the petition
that the total number of votes claimed
to have been cast for Lane is PISS,
while the returns give him 2212, 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 filed 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 rs
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 elaimI
that one John c. Lane, a candidate for /
the office of Mayor 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 east for him but not count |
ed, and should have been declared duly |
elected to said office, it further appears
from paragraph numbered IL of said
petition that the total number of votes
claimed by petitioners to have been so
legally cast for said John G. Lane for
said office of Mayor numbered only
PISS, whereas the official returns as set
put in paragraph of said petition
show that said John C. Lane received
4 total of 2212 votes, and that respond
snt Joseph j. Fern received a total of
1920 votes for said office of Mayor,
and was duly declared elected to said
,ffice.
'3. That it does not appear from
aid petition in what election district
,r districts the petitioners, or any of
hem, are now, or were at the time
If the holding of the election referred
o in said petition, qualified voters.
"a That is does not appear from
aid petition that the required num-
,er of qualified voters of any election
district have joined in the bringing of
his proceeding, or that this court has
NY jurisdiction in the premises
Wherefore respondent prays judg-
nent whether he shall be required to
urther answer make, and that said
'etition against him be dismissed, and
or his reasonable costs in this behalf
-