The Nelson Evening Mail. WEDNESDAY, AUGUST 1, 1866.

Nelson Evening Mail, Volume I, Issue 127, 1 August 1866, Page 2

The Nelson Evening Mail. WEDNESDAY, AUGUST 1, 1866.

The election of members to fill the vacancies iu the Board of Works, took place yesterday, and created a stir not usual in Nelson. The friends of tho various candidates made the most active exertions to secure the return of the men of their choice, and it was evident that the election was not regarded by any of them as a mere formal affair. It was gratifying to notice the activity of some persons -who had not been accustomed to take part in civic elections. The increase in the value of rateable property in tlie town, and the general opinion that we are on the eve of great changes in refereuce to the management of town affairs, seemed to impart an unusual ardor to the contest. This is as it should be. The time is past when men will be permitted to enjoy the advantages of property without incurring its responsibilities, and they sec tlie necessity of electing men who will be faithful to the trust the electors repose in them. As we expected the ratepayers re-elected the members who retired from the board by rotation. It was paying then a compliment tliey well deserved, for no men could have been more attentive to their duties, and they are entitled to some praise for having educed something like order from the confusion into which the monetary affairs of the board had been allowed to fall. The re-election of the retiring members is a proof that they enjoy the confidence of their fellow citizens. It will also be regarded by them as au inducement to the putting forth of greater energy, and will stimulate them to try to merit and receive at the end of the period for which they have been elected, a renewal of that confidence and a repetition o^ that approval which are the principal motives which prompt public men to engage in irksome and laborious duties. At tlie end of a well contested election, the ReturningpiTieer,Mr. Ivlerrington, announced the state of the poll as follows : — Mr. Burn, 141 ; Mr. Carter, 140 ; Mr. Bentley, 119 ; ! Mr. Aitken, 87; Mr. Webb, 72; Mr. Osman, 68 ; Mr. Jennings, 65. He therefore declared. Messrs. Burn, Carter, Bentiey, and Aitken, duly elected members of the Board. Before the return was announced. Mr. Webb handed a paper to the returning officer, which, after the announcement of the result of the poll, that official read to the meeting. It was a protest agaiust the election, on the ground that it was contrary to law. The protest was witnessed by Mr. W. T. Fisher. Early in the day it was confidently stated in the town that a protest would be entered against the validity of the election on the following grounds. The 4th clause of the Nelson .Improvement Amendment Act specifies that the mode of voting shall be conducted in the same mauuer as is provided for the election of members of the Provincial Council. This provision, say the objectors, was not attended to, ancl hence the election is invalid. The Act for the regulation and conduct of elections for the House of Representatives, passed 19th August, 1858, prescribes the mode of election, which is binding ou all other bodies. Amongst its provisions are the following : — Clause 13 provides, that no other persons shall be present in the polling booth, but the returning officer or his deputy, the necessary poll clerks, the agents of the candidates, and the constables necessary to keep order. No one shall speak to the elector but the above officers before he has sigued the entry, under a penalty of £20. Section No. 3 of clause lo of the same Act, provides that the elector shall affix his signature to the entry, which shall be witnessed by the Returning Officer or Poll Clerks. Clause 16 provides that no inquiry shall be made of any person about to vote, but as to whether lie is the person whose name is on the roll, and whether he has already voted. The above mentioned provisions were not complied with, say the objectors, by the Returning Officer, in the election yesterday. The customary and legal mode of signing by the electors was dispensed with, and Mr. Rout, a member of the

board was present for the purpose of receiving arrears of rates clue to the board. It is to be observed that the Nelson Improvement Amendment Act on which the objectors rely, was passed May 13th, 1858, and the act for the regulation and conduct of election for the House of Representatives, August 19th, 1858. The protest will be laid before the Superintendent, whose province it is to decide on the validity of the election, and to state authoritatively whether the departure from the strict letter of the law is sufficient in this case, to justify another election. The Returning Officer has hand ed his return and the protest of Mr. Webb to the Superintendent, who will consult the law officers as to the validity of the election. The worst that can happen, is a new election which would most likely result in the return of the four newly elected members by a greater majority than that of yesterday. Experience will also be gained by this little contretemps, and greater attention will be paid in future to the letter of the law.