davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-08

tives by the legislature of Hawaii. Why
the legislature transferred that duty to
the Supreme Court [ cannot saw. 1t
may bel should like to feel that it
was-because it thought that this court
would be of a non-partisan nature and
that it might safely enough RELY upon
its integrity. But however that may be,
there is the responsibility and we have
to meet it. We have no time to examine
statutes elsewhere to see what are their
requirements of petitions. Under this
title Elections, and subtitle Con
tests, our statute gives either the los
ing candidate or thirty of the qualified
voters IN any election district the right
to file petition in the Supreme Court
of the Territory setting forth any
cause or causes why the decision of
any board of inspectors should be re-
versed, corrected or changed.
'tNow what is a contest9 1t is not
an imaginary affair-not that certain
voters think there probably were errors
and it is almost sure that there were
and always will be errors. Is contest
based on mere belief or upon informa-
ton more or less defiuitea That is to
have all agreed that it cannot be. that
there must be something definite before
this court will consider that a cause
making a contest is before it upon
which reexamining the ballots either
of one precinct or of all is justified, and
it Is seen that ordinarily recounting
the entire vote results from examining
the votes of\one precinct, since re-
suit in favor of the contestant requires
the other party to insist upon our go
ing through with the other precincts to
see how they would bring him out
CHOW we have come to the concIu-
sion-a majority of us-that the in
formation which would Justify us in
regarding contest as presented by
thirty qualified voters requires that
they shall know or have information.
not secondhand, but direct information
from those who have personal knowI-
edge Of irregularities in at least some
one precinct requiring the bags CON
tanning the ballots in that precinct to
be examined, otherwise any voter hav-
ing information about Irregularities in
various precincts can state to twenty
pine others that he has heard so or can
state to four or FIVE voters that he has
heard of irregularities in another pre-
cinct, and so on, and the thirty be made
up in that way. We think that the
statute does not contemplate this. There
is something more than responsibility
or good faith in signing the petition
which is required to present a contest.
/ take it that any one of the voters in
this county would properly have felt
justified, upon hearing from any other
voter of the things alleged concerning
the fourteenth precinct and being ad-
vised by counsel that those IRREGULAR
ties would be sufficient to invalidate
the entire election, in joining with the
twenty nine others in signing the peti-
ton, being, unconsciously perhaps. in
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-08
IN THE SUPREME COURT OF THE
TERRITORY OF HAWAII.
OCTOBER TERM. 1908.

James Kulike, Lyons K Naone, David
Kalei, Charles Holoua, Thomas Keo-
lanui, James William Lloyd, Edward
L. Kauai, Bob P. Kaaihue, Joseph
Kalana, VIM. Paoakalani, Robert
Hebron, Jr., Charles Kanekoa, Geo.
Kaolopa, c. Arthur Macintosh, VIM.
Kaheluekahi, John Kaaua, II. NJ. Won
Holt, A. St. C. Piianaia, Samuel Ma
loi, John Fl. De Fries. r. w. Aylett,
C. B. Male, B. P. Fabian, George C.
Beckley,- John J. Cook, Chas. Opu-
nui, VIM. II. Keawe, Robert H. Ho-
bron, VIM. Henry, Geo. E. Bruins,
Daniel Kekaha, VIM. Fl. Knox, John
A. Hughes, Leland S. CONFESS, F. w.
Maefarlane and Paul W. Burns V.
Joseph j. Fern.
ORIGINAL.
Heard December II, y, 81, %, %
and 30. 1905
Decision fled January 7, 1909.
HARTWELL, C. J.; WILDER, J..
AND CIRCUIT JUDGE DE BOLT
IN PLACE OF BALLOU, J.
Elections-petitions for contest-im-
material allegations.
Averments in a petition to contest
an election, that in one precinct GER
tain number of persons voted after
five clock when the polls should have
been closed, and that in another pre-
cinct a tally clerk was unlawfully al
lowed to remain in the polling place
and by conversing in Chinese he at
tempted to and did influence Chinese
voters. are immaterial unless further
shown that these matters invalidated
or changed the result of the election.
Elections-coHtest by voters.
An election can not be contested by
thirty voters unless they all have di-
rect knowledge or information of one
or more Irregularities which would in
validate or change the result of the
election.
Observation-Disclosures
Under the Municipal Act of 1907
there is but one election district in
which the Mayor is elected.
OPINION OF THE COURT BY HART
WELL, C. J.
(Circuit Judge Be Bolt Dissenting.
This is petition by James Kulike
and thirty-fve others, filed December
Z, dAeSlhS tHdt bheS are uIy qudlI-
fed voters of the election districts of
the County of Oahu signed and
sworn to by all of them, their jurat
setting forth that "the facts, state
ments and allegations in the petition
were Just and true to the best of their
knowledge and belief except such mat
tiers therein set forth and alleged to
be upon information and belief, and
as to these matters, things, allegations
and statements they verify believe
them to be true the petitioners pray
ing that upon legal proof being adj
duced on the facts, statements and
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-08

from the testimony of the petitioners
that there are not thirty of them hav-
ing knowledge or information with ref
erenee to alleged irregularities in any
one voting precinct. The opinion upon
this matter, as well as upon the Others
ruled upon this morning, will be pre-
pared and filed. l will now state a few
considerations which have led the ma
Jority of the court to this conclusion.
To begin with, the Australian ballot
system in force here, which has been
adopted in the states gradually during
the last twenty years, has undoubtedly
accomplished what it was intended to
do IN removing great many of the
opportunities previously existing for
the exercise of coercion, intimidation
and cheating at the polls, and it is a
significant fact that in the contested
election cases before the court | be-
heve | am correct in saying there has
been no instance showing actual fraud
as contradistinguished from the legal
fraud resulting from violations of the
regulations of the voting law, the OPP
portunltles still remaining, and as long
as human nature continues they will
remaln-as long as 1t continues as it is
of mlStakes-honest mistakes-made
on the part of the officials-of the in
spectors-whether they be in counting
wrongly or in improperly or enormously
rejecting or accepting ballots for the
one side or the other. And it is also
true that in no community is the result,
especially in close contest, going to
be accepted with satisfaction by the
losing party. How can they do so know,
ing the fallibility of human nature-the
liability to mistakes of perfectly up.
right and honest menu Consequently
you Will find, | believe, in the states
and the other territories generally that
there are statutes, which we have not,
which authorize and require a recount
and denomination of the ballots
either upon the request or petition of
the defeated partey or of stated num-
Der of the electors. The tribunal which
entertains those petitions verifes the
official results as a matter of simple
counting for one thing; they hear any
objections made at the time of the re-
examination of the ballots as to the
validity of special ballots-individua
ballots-and pass upon those objections
Exceptions may be taken by either side
to the ruling of that tribunal on mat
tiers of law which are taken up like
ordinary bills of exceptions in actions
at law to an appellate court which
passes upon them. | feel SO strongly
upon the natural and proper wishes of
any community for such a tribunal that
it IS my intention to recommend an
enactment on the subject to the legisla-
%nr hrr+ &c hn "a Il, - h.
legislature has seen fit to intrust TO
this court the serious responsibility of
deciding whether a contest is present
ed-causes Of cOntest-or not, and if so,
the duty of reexamining the ballots.
That function was formerly performed
with reference to elective representa-
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-08

lated BY the clerk of the county, and
that Lane was duly elected by a ma
lorlty of one hundred twenty-five over
Fern.
The defendant S 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
i districts had joined in bringing the pro-
! eeedlng was overruled. Justice Wilder
thought that the election districts in
tended by the statute were those desig-
mated IN Section of the Municipal
/, Act, but acquiesced in the overruling
Of the demurrer The Chief Justice and
Judge De Bolt thought that the district
intended was the one designated in
! Section /, including the "'Island of
! Oahu and all other islands in the Ter
/ ritory of Hawaii not included in any
| other county and the waters adjacent
thereto. - Thereupon the defendant
tled his answer including therein the
averment that the petitioners were not
/ duly qualified voters of any election
] district within the meaning of Section
81 of the act
At the time set for hearing the petit
TONERS appeared voluntarily at the sug-
gestion of the court as in Brown V.
Iaukea, IS Haw. 131, Cornwell V. Kaiue,
| IS Haw. 167, and Blake v Baker, 10
:. Haw- or in obedience to subpoenas TAX
en- out by their attorneys and were
examined by the court as well as their
attorneys in respect of their qualifca-
lions as voters, the districts in which
tbav voted nd thoir 1aAc
formation concerning the averments
made in the petition. From this ex-
animation it appeared that thirty of the
petitioners had not direct knowledge
or information concerning any one or
more irregularities which would invali-
date or change the result of the cleo
ton. Most of the petitioners had ac-
quired their information from each
other or from persons having no knowI
edge of the irregularities relied upon.
| The court then called for argument on
the materially of the averments in the
petition relating to the presence OF
Crawford in one of the polling booths
his talking in Chinese to Chinese voters
and the keeping open of the polls after
| FIVE CLOCK, finally ruling that the aver
ments were immaterial to the case.
After argument upon the subject the
| petition was dismissed on the morning
of December % on the ground that it
appeared from the testimony of the pc
titioners, and was admitted by them,
F., that they had no direct knowledge or
! information concerning any irregularity
which would defeat or change the re
suit of the election, the court fling the
following opinion, Judge De Bolt dis
! senting:
! Hartwell, c. J.
1.-THE opinion of the court is that
the petition must be dismissed upon
the ground, amongst other things re-
ferred to in the rulings upon the ques-
tions argued yesterday, that it appears
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-08

allegations in the petition the court ad-
Judge and decree that John C. Lane was
duly and legally elected Mayor and
further that the court require all the
ballots east at the election to be pro-
duced before it and that they be in
spected and counted in support of the
allegations in the petition and that
such other order and relief be given
the petitioners as is in accordance
with law and that the respondent Fern
be cited to appear and answer. the al
legations being upon the petitioners
information and belief.
The petition itself alleges in sub
stance, beside certain formal aver
ments. that all the votes legally cast
for Lane were not counted and that
there were forty-six not counted; that
in the eleventh precinct of the fifth
district more than one hundred fifty
seven votes were counted for Fern
which were not legally east for him
and that if all the votes legally east
for Lane had been counted for him and
only the legal votes for Fern counted,
Lane would have received a majority
of one hundred twenty-five and been
Gulv elected; that in the third pre-
cinct of the fifth district the inspec-
tors counted only fortythree votes for
Lane and failed TO count four votes
legally east for him; that in the see
end precinct of the fifth district the
inspectors counted only eight votes foN
Lane and failed to count eight which
we're cast for him; that in the ninth
precinct of the fifth district the in
la - Mt
Lane. counting for him in all seventy
votes instead of seventy five; that IN
the fourteenth precinct of the fifth
district the inspectors counted only
seventy-seven votes for Lane instead
of one hundred four which were cast
for him.. and that one Crawford, act
ing as clerk and keeping a tally sheet,
did not keep a correct count of the
votes cast for Lane, which were one
hundred four and not seyenty-seven as
shown by the tally sheet kept by
Crawford and returned by the inspec-
tors; that Crawford, in violation of
Sec. 81. CHI 7. R. L., remained in the
space set apart for the polling place
and Influenced Chinese voters favoring
Achi IS election-offered to bet that
Achi would receive majority of the
votes from there; that in the eighth
precinct of the fourth district the in
spectors counted only one hundred ten
votes for Lane instead of one hundred
tw Give which were east for him; that
in the eleventh precinct of the fifth
district the inspectors allowed twenty
persons to vote after five clock p. m.
when the polls should have been
closed. so that the votes so cast were
illegally cast, making all the votes cast
in that precinct, being one hundred
fifty-seven for Fern, seventy for Lane
and one hundred for Achi, illegally
cast; that Lane received twenty one
hundred lightweight votes and not
twenty-five hundred twelve as tabu-
The daily Alaskan., 1909-03-22
PIONEER
 PASSES BEYOND

Michel Labcrge is dead at Chateau quay at the age of sixw-otghr Who was Michel Labcrge? Well. Inc was one of the first explorers of Che Yu. Ion interior. some forty odd years as1 There are two lakes in the Yukon named after bim With Francois Mercier. who died in Montreal ten years ago. he pioneered the route of ! telegraph line for the United States government Mir Laberee also eN- plorcd the former Hudson Bay tarr.- tory and engaged in the fur trade with the Indians there. He, like his friend Mcrcier. was a fine figure of a man. and a type of the French. Cana dian to which this country and the United States owes so much.-vic- toria Times.
The daily Alaskan., 1909-03-22
HUGE ICEBERG
 TURNED TURTLE

One of the huge iccborgs which have been floating around in the channel the past week was lassood Monday afternoon and lowed to the Orscn & Orange fish house. where a number of workmen got down ou it to break it up. While several men were at work the berg basm to turn turtle. All the won but one got off safely. Che oX-,aa.. hd a somewhat spectacular $, mt u an cn- deayor to keep on top and succeeded though at one time mp to his waist in water-uueau Transcript
The daily Alaskan., 1909-03-22
HASEY FREED
 UNDER BONDS

Jubge s. M. Folsom. acting under an understanding had with ludg. Gunnisou before the latter wont Co Washington. Friday afternoon an. proved the bond of E. c. Hasoy for 5000 and a few minutes thoraalr. Mr. Hasey was discharged from cus tody of the United States marshal An appeal will be perfected a. once and in che meantime lIr. Hasey Is free to go where he pleasos Tho
 transcript in the case is exceptionally large and it is doubtful if it can h. completed in time to get tho ease into the May term of court in wh... event it win not ba called botor. next Oytobor-Juuom Record
The daily Alaskan., 1909-03-22
WIRE WORKERS
 MIN VICTORY
tsy United Press0

PARIS. France. March 22-Iho threat of a sympathetic strike which was made by all the labor unions Of France. caused the government off. cials to give way to the demands oi the striking telegraph operators and a compromise was reached yesterday after the government officials met the strike leaders.
 The wire workers have now all gone back to work ct an increased wage and the trouble is permenantly adjusted.
The daily Alaskan., 1909-03-22
Gov. H0g81lt Ordered Home
SET
 FREE 0N BOND
(sy United Press0

NASHVILLE, Tenn. March 22-CoL Cooper and Robin Cooper, his son who were convicted of murder in the second degree Saturday for killing Senator Carmack, were today released on $25.OOO bonds apiece, pending ap- peal to the supreme court The Coop CTS intend to take a trip to Europe.
The daily Alaskan., 1909-03-22
HOGGATT ASKS
 LEAVE ID STAY
Csy United Press.J

WASHINGTON. D. C.. March % Gov. Milford B. HoEEatt Of Alaska hus applied to the department Of the interior for permission to remain st Washington. D. C. for three moLth' The application on the part of Gov. H-ggaG was made after h- was nr. dered by Secretary Of the Inter. io- BaIHnEer 10 return to Alaska.
The daily Alaskan., 1909-03-22
COTTAGE CITY
 BROUGHT SIXTY.

The Cottage City Of the Pacific Coast Steamship company arrived in skagway at 9 o'clock yesterday af. ternoou from Seattle and left al 6 o'clock on her return trip The Cot. tara City brought up 60 passengers. and s2 tons ot freight She took out two passengers and about five tons of freight
The daily Alaskan., 1909-03-22

The annual ice carnival will be held at whitehorse tomorrov ET. cursions will be run from Bennett and Caribou and cordial invitation has been extended 10 the people Of Skagwsy. The famous whItehorse hospitality will be on tap.
The daily Alaskan., 1909-03-22

WASHINGTON, Q. c. March 22- Gov. Milford 8. HOssatt of Alaska has been ordered to leave the capital and return to Alaska.
 Secretary of the Interior eallinger today issued orders to the effect that Gov. Hosgast should return to Alaska and stay there to attend to his 0f- fieiaI duties unless especially sum noned to Washington.
 The officials of all other territories have also been ordered to leave Wash ington.
 Gov. Hoggatt has spent most of his time since his appointment, in Wash
The daily Alaskan., 1909-03-22
IS
 READY ID G0
(sy United Press)

OYSTER BAY, N. r. March 22- Ex-Presidcnt Theodore Roosevelt Is holding a family reunion today at his country home at Oyster Bay. Roose. welt leaves for New York tomorrow and from there will sail for Africa where he will remain for several months on a hunting expedition
The daily Alaskan., 1909-03-22
Alaska's Lobbying Execu- tive Is Told To Go Home And Stay There---Action
 Is A Distinct Triumph for Delegate Wicker s ham.
lunlted Press TeIearaph.cabIe servIcel

ington D. C., where Ee lobbied to oo' tain legislation, and usually worHea against the elected delegate from Alaska. The people of Alaska have repeatedly protested against this, ba. to no avail.
 When Delegate wicEersham left fo' Washington ts stated that ho woui, brook no interference on the part Hoggats. wiekersham said he was elected representative of tie pc ard intended to represent teem.
 Secretary Ballinger is a cousin of Delegate wickersham and it is un- doubtedIy through his influence that Hogeatt has been ordered to leave Washington.
The daily Alaskan., 1909-03-22
PRINCESS MAY DUE AT !

The Princess May left Juneau at n o'clock this morning and is expect ed to arrive here at o'clock to- night She has 70 passengers aboard and lO4 tons of freight.
The daily Alaskan., 1909-03-22

The Base Ball Benefit Ball of the W. P. A. Club. will bo thn event ol the year. Wednesday evening March &lst. Get out and root
The daily Alaskan., 1909-03-22
STR. JEFFERSON
 LEFT SATURDAY
tBy United Press.3

SEATTLE, Wash, March 22-Tha Jefferson sailed from here last Sawr- day night. Clyde Gupdn, who will sue, cced R. A. Carroll as local agent at Skagway is on board. V. | Hahn Of Slagway is also a passenger
The daily Alaskan., 1909-03-22
DENIES ANY
 AGREEMENT WITH HOGGATT
Limited Prcss rolegrnpa-cablo soryIes,)

WASHINGTON. n. c March % The reports to the effect that Gov. E6gratt and Delegate Wickcrsham of Alaska had reached an amicabIc understanding and agreed to a dIvi- sion of Che federal appointments iu Alaska are strongly denied by Wick.
The daily Alaskan., 1909-03-22
JOHNSON WILL
 FIGHT JEFFRIES
tsy United Press.)

CHICAGO. nl. March 22-Jack Johnson today promised Hugh McIn- tosh. the Australian fight promoter, that he would fight Jim Jeffries for purse of $5O.OOO. the winner to take SO per cent. of the money. This puts the matter sQuarely up to Jeffries.
The daily Alaskan., 1909-03-22

crsham
 The fact that Hoggatt has been ordered to leave Washington bears out wickersham's denial Of tho truce. as it is believed here that Wicker sham is Is responsible for HoEEatts being sent back to Alaska.
The daily Alaskan., 1909-03-22
TOWN TALK

sam Guyott. Che we'll known travel ling man. arrived on the Cottage City.
 R. J Britain and wife arrived on tho Cottage City and left today for Carcross.
 Tho Peterson arrived from Fort Sc ward this morning. Col Reynolds va one of the passengers.
 Wossrs Scott of San Francisco and Gilmore of Juneau. travelling men. ar. rived on tbc Cottage City
 R. II McsroIa arrived on the Cot aga City and lef. for the interior He is taking a mining outfit to Hooc al.uqua
 ThoroW be good music and a good time at tho W. r. A. C. Base Ball Benefit Bah March aIsJ Better come
 There wu be a special meeting Of u. town council tonight for the pur. pos. of appointing judges and clerks for ma municipal election April 6
 AL Clark. a travelling man went south on no Cottage City
 Col Sol RpusH and his neice, Miss Norma Rlpiush. came up from uHn.s on Che Peterson today and mad. a short visit in skaEway
 The White Pass Athletic Club will give ball on Wednesday. March 3i, for the benefit Of the White Pass Athletic club base ball team. Several novelties have been planned and the dance promises to be one Of the events of the social year
The daily Alaskan., 1909-03-22

Show your enthusiasm for the Am crican game by attending thc W. P. A. Club Base Ball Benefit Ball. W"d., March &lst
The daily Alaskan., 1909-03-22

The Arctic Brotherhood will give a dance next Friday. March 26th
The daily Alaskan., 1909-03-22

Subscribe for The Alaskan.
The daily Alaskan., 1909-03-22

The Press of Penticton, R. C.. states that Mrs. c. V. Zinkan of Skag- way has arrived there and purchased a fruit lot and that NIr. Zinkan is eX- pected in a short time Mr. White and Mr. Lowlc of this town have fruit lots at Pentic,ou.
The daily Alaskan., 1909-03-22

!.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-12-31
ST. JOHN IS STRONG
IN DENIAL
|. w W.. ORATOR INSISTS THAT
SPOKANE FIGHT is NOT
YET OVER.

Vincent 81 John. better known as
The Christian" addressed d meeting
OF the local Industrial Workers OF
the World at the. headquarters OF the
striking switchinen near the Isis
theater last evening. The main topic
of St Johns discussion was the lat.
disturbance at Spokane, of which he
spoke at great length.
The main drift of his discourse was
as follows: During the first stages
Of the free speech campaign in Spp-
kane. Judge Mann handed down the
opinion that free speech was Cod
given right II later became evident
that he made this statement before
he had consulted his boss. the Wash
ington Water Power company. as he
soon revoked this decision and decided
that speech was not free and that the
act of speaking on the street was a
misdcmeanor which could only be
justly punished by 80 days on the
rock pile. The methods used by the
Spokane police in endeasoring to en-
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-12-31
SWAIN IS CHOSEN
PRESIDENT

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