Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-12-06


cd vote must have been seen by an
other. n veto not being exhibited
within the meaning Of the law which
is merely held 20 that another can
rec, who does not In fact see: that
IN order to support a cause OF aciioh
there must have been fifty-two OF
more invalid vctcs; and perhaps, also,
although upon this question no opin-
len is expT csscd, that In order TO
decision concerning exhibited bal
lots tho exhibiting must have been
scen by or known to the inspectors
at or shortly after the time OF the
occurrence The reason for the re-
quircncnt concerning Gfty-two In
valid votes is obvious. II tho total
number Of inva i'd votes is less than
the majority OF the successful Eandi-
date u may well be assumed at the
threshold that they were cast Tor the
respondent, for tho result OF the cleo
ltion will still remain the same.
SweIyton v. Barton. 80 Ark. Sag.
, 557. Meme of thcse matters mention
cd in this paragraph are alleged In
the petition. The petition, however,
/ Ia capable Of amendment as to all OF
/ them II the facts Justify that course.
The a to of McCandless and VOL
ter. in so far as they were contrary
to- the law. do not Of themselves In
validate the election or any OF the
votes cast. The statutes do not SO
provide expressly and must therefore.
within the rules above mentioned, he
regarded ms directory. The remedy.
IL any. is by fine or Imprisonment un.
der chcp;er . of the Revised Laws.
Il need rcarccly be added that such
contlu II highly reprehcnsiblc and
ought to be punished II the law per-
mlts II.
In our opinion the demurrer should
be Sustained on the ground, not that
the cnurt is without jurisdiction, but
that the rH.'s avorred do not eonsti-
tute a statutory cause of contest,
with liberty to the petitioner to
amend Within ten days IL so advised.
q. a. Davis A. +. Judd. X. W.
Brcckonp and G. S. Curry for petit
toner: w. w. Thaycr and C. w. Ash
ford for respondent.
Orn.nn by IIartwell, c. j., Dissenting
In Part.
Petitioner, who WAS candidate for
the ollicc OF mayor Of the City and
County of Honolulu alleges that ut
the e.,ction held November 3, 1910,
there were violations of the election
laws in the sixth precinct of the
Iuu.th election district by reason OF
six,y.luur electors having voted af-
! ter five O'c.ock and cast their ballots
! after Ave O'Clock In the AFTERNOONS OF
\ the said day, whose ballots were
counted by the election inspectors for
! the onico OF mayor" the petitioner
| claiming that those votes were lille
/ gal and should not have been count
cd and returned and that the sixty
four voters had no right to vote at
| ter five O'Clock in the afternoon"
wherefore he claims all the ballots
cast in the sixth precinct were He
gal ana void and should not have
been counted" that after five o'clock
| In the afternoon Of the election day
the Q were over sixty people In the
polling booth at said precinct "at one
time and two or three electors about
10 cast their ballots and actually en-.
gagged IN marking the same were In
the same compartment in said polling
booth talking to one another and
marking their ballots In the presence
of each other openly" that Lincoln
l.. McCandless, candidate for the Of
fee of delegate to congress, was In
the polling booth after five o'clock
and banded "pehcils to numerous
electors for the purpose OF marking
their ballots and was trying to infiu'
ence e'Sctors by words and acts to
vote for" Fern (who has been Official.
~ declared tn have been elected mH-
yo), and that Wolter, a candidate
for the Office OF representative OF the
fourth district, was in the booth and
instructed large number OF cleo
tors after Ave O'Clock how TO
vote iand cadeavorlng by acts and
words to influence certain electors In
said polling booth to vote Tor Fern
for mayor. wherefore. as the petition
or claims. the votes cast In the sixth
precinct were Illegal and none OF
them should be counted and he ''ro'
ce!ved a majority of twenty-slx votes
legally cast over the said Joseph j.
Fern for the said Office OF mayor; "
that between -four o'clock and half
past five o'clock In the afternoon of
the election day there were at all
times two or three electors In each
compartment of the polling booth
marking their ballots together and in
the presence Of each other without
secrecy, openly and in fragrant viola
tion Of law" aud that by reason there
| ~ Tho ,.at,., a, thal Hnnngit.