The Hawaiian gazette., 1908-12-29
ELECTION CASE
UNDETERMINED
After Hearing Argument Court
Adjourned to This
Morning.

the mayoralty contest is yet undeter-
mined. The Supreme Court heard re.
argument yesterday forenoon on one
point argued previously, and argument
on new point not before raised. When
the court rose at noon, it was with the
expectation that a decision would be
rendered at 2 o clock. But soon after
2 O'Clock Chief Justice Hartwell an.
nounced an adjournment of the court
until 10 o'clock this morning. h
The point re-argued was whether the
statute required thirty qualified voters
in order to sustain a contest under the
statute to have knowledge or direct
information of any one irregularity,
which, if shown by the evidence, would
invalidate the election.
The new point submitted was whether
or not the court had authority to ex.
anime the petitioners as to their knowl-
edge or information of the matters
charged in their. petition.
The argument on both questions was
largely technical, and many authorities
were cited by both sides. At the open
ing of court yesterday morning Chief
Justice Hartwell said that in this case
entitled Kulike and thirty.five Others
against Fern, before calling for the re-
argument set for this morning he would
summarize briefly the proceedings. This
statement was as follows.
None of the defeated candidates
sought to make any contest concerning
the validity of the election. Petitions
setting forth causes why the decisions
of boards of inspectors should be re-
versed, corrected or changed are re-
quired to be "filed in the office of the
clerk of the Supreme Court within thir.
ty days following the election proposed
to be contested. The election was
held November 8. On December 2 the
petitioners filed their petition setting
forth that they are "duly qualifie vo.
tiers of the election districts of the
County of Oahu" signed and sworn to
by all of them, their jurat setting forth
that "the facts, statements and allega.
tons in the petition were just and true
to the best of their knowledge and be-
lief except such matters therein set
forth and alleged to be upon informa.
tion and belief and as to these matters,
things, allegations and statements they
verify believe them to be true,' the Pc
titioners praying that upon legal proof
being adduced on the "faets, state.
ments and allegations in the petition
the court adjudge and decree that John
G. Lane was duly and legally elected
Mayor" and further that the court
require all the ballots cast at the cleo
tion to be produced before it and that
they be inspected and counted in sup.
port of the allegations in the petition
and that such other order and relief
be given the petitioners as is in &C.
cordance with law and that the respond
ent Fern be cited to appear and answer.
The defendant IS demurrer to the pc
tition, based upon four grounds, the
principal one of which was that it did
not appear from the petition that the
| petitioners in any election district or
districts had joined in bringing the pro-
ceedings, was overruled. Justice Wilder
| thought that the election districts in.
tended by the statute were those desig-
mated in Sec. 2 of the Municipal Act.
The Chief Justice and Judge De Bolt,
however, thought that the district in.
tended was the one designated in Sec.
l, including the "Island of Oahu and
all other islands in the Territory of
Hawaii not included in any other county
and the waters adjacent thereto. y
Thereupon the defendant filed his an
swer including therein the averment
that the petitioners were not duly quail
fed voters of any election district with
in the meaning of Sec. 81 of the act
At the time set for hearing, before
proceeding to the examination of the
petitioners as to their qualifications,
stated that since the demurrer had beer
overruled Justice Wilder had shown mt
a statement of the reasons for his opin
ion which had impressed me so mucl
that if the question had not been ruled
upon should feel great doubt about it
The petitioners appeared voluntaril,
or in obedience to subpoenas taken gu
by their attorneys and were examined
by the court as well as by their attor
neys in respect to their qualification
as voters and the districts in which the!
voted and also concerning their know
, edge or direct information concerning
the averments made in the petition
From this examination it appeared tina
most of the petitioners had acquire,
! their information from each other an
not from persons having any direc
! knowledge of the Irregularities relic
upon