The Hawaiian gazette., 1909-01-01

is like that OF a creditors bill in which
zone or more creditors represent all
others. In the latter view all of the
thirty voters and not merely one or any
less number than thirty must combine
to present cause in order to make a
contest In the former case the only
responsibility in bringing the petition
is that thirty voters desire reversal
of the inspectors decision which they
believe to be erroneous. In the latter
case, in order to obtain reconsideration
of election results, emphasis is placed
upon the necessity of a contest or a
cause of action by each of the thirty
voters in respect TO some one or more
decisions, which controversy could not
exist unless each of them had Mt least
heard of an alleged wrong decision.
The petitioners attorneys says that
those whom they represent do not un-
derstand why the court allows con-
test to be made and ballots reexamined
on the petition of one person, he being
a defeated candidate, and not on the
petition of thirty voters. This is
misunderstanding of the causes for the
court places the petitioners on the same
basis, applying the same rule to each in
requiring some fatal fact within the
knowledge or information of the petit
toner, when he is defeated candidate,
or of the thirty petitioners when they
bring petition.
1t is urged by the petitioners that
the court has no authority to raise the
question as to their knowledge or in
formation, the question not being rails
ever, neither admits nor denies the pc.
titioners averment of their knowledge
or information but leaves them to it's
proof. In a controversy of a public
nature the court would not perform
its duty to the public if it did not re-
quire the status of the petitioners not
only as qualified voters but as having
information and belief of their charges
to be shown before having the ballot
bags opened.
In the American cases cited by the
petitioners it is clearly stated that the
object of the notice of a contest of an
election is not to perform the function
of declaration at law but to apprise
the opposite party that contest will
be made on the grounds mentioned.
Our statute on the contrary requires
a contest to be presented by the petit
ton. Even in statutes like that of Mas
sachusetts permitting any ten voters to
obtain recount of ballots upon "the
filing of the proper statement in writ
ing by ten or more qualified voters of
the ward that they have reason to be-
lieve that the returns of the ward are
erroneous" Opinion of the Justices,
1856 Mass. $500, statement by ten or
more voters that other than themselves
or that any less number than ten had
reason to believe this would not com.
ply with the statute.
Tn Lawrence v. Norreys, 80 L. R. CHI
D. 213, also cited upon the claim of the
petitioners that it would be unauthor.
lied practise for court of equity to
question the truth of the averment in
their petition of their information and
belief instead of leaving them to put
in their estire case, Stirling, j., said
upon this subject: "Now, as to that
it is undoubtedly true that as a rule q
; plaintiff is allowed in this court to state
his case in the first instance without in
any way verifying it by oath; and the
court ought to be slow, as / conceive
when a plaintiff bona fide brings for
ward case, in shutting him out from
stating it, and from trying it in thu
!. manner provided by law" Up. 225.,
,, Upon appeal, however, this ruling wa
reversed, the appellate court saying
Cotton, L. ~: "But the jurisdiction
of the court to prevent it's process be
! ing abused, and to prevent actions be
ing brought which are mere vexation,
original and does not depend ON tn
: general orders of the court.
: The plaintiff has not, in my opinion
shown that he has any reasonabl
d ground for making those allegations o
= fraud, and the conclusion which dra,
is, that they were made without an
y reasonable ground for making them.
Up. 231).
y The inquiry made by the court il
this case was justified by precedent a
: well as upon principle.
A majority of the court find n
ground for reversing the former rulinI
: which is accordingly affirmed.