THE NEWTOWN HOTELS.

Auckland Star, Volume XXXIV, Issue 89, 15 April 1903, Page 5

THE NEWTOWN HOTELS.

ANOTHER POLL ASKED FOR,

DEPUTATION TO TUB PREMIER.

Telegraph.—Press Association.)

WELLINGTON, Tuesday

A deputation, representing the Newtown Patriotic League, waited on the Premier this evening to ask that a further vote of the. people, in that district be taken on the local option question, in order that the wish of the people might be given effect to. The Premier, ill reply, said he had placed the matter before the Solicitor-General. There were two questions —that of taking a new poll, and tlifc possible action of the Licensing Committee in refusing to grant licenses. The Crown Law Oliiee had advised that licenses could be granted, and that the district now reverted to the position in which it stood before the original poll, which had been declared void, was taken. Then as to taking a fresh poll under secdon 52 of the Licensing Act, 1881, the opinion given was that while, in the case of mischance or misadventure the Gover-lior-in-Coiineil might authorise a new poll, in the present ease the poll had been duly taken, and had been declared void on the ground of certain irregularities. These irregularities did not constitute mischance or misadventure within the meaning of the Act. They arose from a breach of the provisions of the Act, whereas mischance or misadventure meant an accident such as the destruction of a polling place at the last moment, loss of ballot papers, or anything of that kind. Moreover, section f>2 had been impliedly repealed by the Act of 1895, which specifically directed that the poll should be taken simultaneously with the general election poll. Further, there was no statutory machinery for taking <a second poll. The plain intention of the Legislature in sub-section 4 of section 8 of the Act of ISOo was that if none of the proposals were carried the committee was to be notified, and licenses must continue as they were. "In my opinion," continued the legal adviser, "this covers the void of the poll, for the plain result of voiding is that none of the proposals have been carried." The Premier went on to remark that Parliament, in passing laws, ought to so perfect them that it should not be within the power of individuals, either by negligence or wilful act, to thwart the will of the people. He then, read two other legal opinions upon a point frequently raised of late, that prohibition must follow in the event of a poll being declared void. Both opinions were to the effect that there was ri'othing in this contention.