Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-12-06
FULL TEXT OF
Court DECISION
CONTINUED from Page 6)


petitioner prays that the finding and
declaration Of the election inspectors
Of the sixth precinct that Fern re.
ceived 230 votes and the petitioner
$50 votes he declared null and void;
that the same be reversed: that It be
adiudged that no legal votes were cast
there and that all the ballots counted
by the inspectors for the Office of ma.
yor be declared Illegal, and that the
total vote in that precinct be rejected
and that upon proof OF these allega.
lions the court adiuige that the peti.
toner was elected to the ohice of
mayor. and for such further order
and relief as the circumstances OF the
case may require and as the law
leadlngs and proofs shall warrant.
The petition alleges. and II appears
by the annexed copies of tabulated
returns. that 1906 votes were cast for
Fern and 1854 for Lane making
majority of SO for Fern. and that OF
the votes cast in all other precincts
than the sixth precinct Lane received
majority Of &c.
The respondent demurred to the
petition on the ground that II does
not show that the court has jurisdIc.
ton OF the subject matter thereof and
does show that the court Is withon.
jurisdiction In the premises; that tho
petition Is indefinite and insufficient
in falling to set forth facts or circum
eta 10 t,-n 10 fst.it, a
flcie that sufficient Of the allege |
Illegal votes were cast for the res.
pendent TO inyalidate or change the
result of the election or that the six
ty.four votes we're not cast for the
petitioner and hence did not change
the result of the election: that Tire
petition does not show that any votes
were Illegally cast or that the alleged
Illegal course at the election In any
wise influenced It's result and thlt
the relief prayed for Is not authorized
by any law of Hawaii.
The petitioners motion to dismiss
the demurrer as not authorized by
the statute relating to election con'
tests was denied and the demurrer
$40, aru,nl
c. ~ - A, no @ 7 ,oo7 en,i.
a., 49, A., 90 I,onrnora,o Tho CITY
and County Of Honolulu" reads as
49, oona,,,,o a,tec,, i,,eres,en
q" anv thirty duly qualified voters Of
any Election District NAV file a nati
ton In the Supreme Court OF the Ter
,,,ar,, o,,ino ,or,h any' c,use o,
&c., nhy IN. aecIsio, of an,
pnord NJ Inspoc,ore sbould be reyers
q, oorrectaa or changed"
!, Il, attained hv the petit,oner thai
,ho casa nresented IN HIS petltion |.
n,o,arlv brought under the proyi
49,, -, Coo ~ obove ouoted. ant
u,a, mo ",,,so or c,uses" for reyers
,na .,he dacJ.ion of any Raard nj In
,,ao,ors, inc,ula not only decision,
hy ,ha ,,sn1ctors anon the validity O
ho,tn,s IN ,eiectIng ballots not In nc
corJ,nce with the reoulyements o
Gao "a p but also their actio,
On ,o,nt,ng h,,Iots c,st after 4 ocIocl
and aIIowing tho yiolotI,ns of IN,
oIoctinn laws alleged in The petition.
rho rasro,don,s con,entjon 10 IN,
,he n,ovis,ons Of Sec 57 refer 10 thos
,s sac "a nr 40 be nuts II that Ser
70 90 Inc comn,ement of So, &c Sec
n roaaa no follows.
"Au oueations as To tho yalidlt
r, any ballot cast nj anv election bel
upder ,b,s Act sholl h, decided imm,
a,ota,v and the oninjon of the maiol
,ty Z, tho poord ~ Inspec.ors Of nj !,
,i,, at each Willing prec,nct sb al b
Cn,I and binding subIect 10 reylsio
hv Tho supreme Cont of the Terrltor
ma hereinafter proyfded."
The respondent insists that move Z
tho aI,,ped violations of the eIectio
laws whether ON the pa"t of unantl
or,zed nersons In the polling bCoth q
nj The inspectors in keeping the nj
ing booth omen after 5 o'clock an
" ,Iouing yotao cast oftar that hnur 4