THE RUSH FOR VOTES.

Auckland Star, Volume XXXIX, Issue 283, 26 November 1908, Page 5

THE RUSH FOR VOTES.

A CAMPAIGN* AFTEEMATH. ALL INFORMATIONS DISMISSED. This morning Mr. C. C. Kettle, S.M., igave judgment in the charges under the Electoral Act preferred against Eniil Erikson, James Edison Ikin, and John Endean. Kegarding the charge against John Endean, his Worship said:— "The defendant ig, charged with having committed a breach of section !J4 SJS.C of "The Legislature Act, 1908." The Act provides ( see sections 41 and 42) that every person entitled and -wishing to have his name inserted in any electoral roll shall sign and deliver or send by post to the registrar of electors 'a claim and declaration,' in the form numbered 1 in the second schedule to the Act, and, further, that the claim shall be signed by the claimant "in the presence' of a registrar or deputy-registrar or a J.P. or postmaster or an elector of the district. Section 84 S.S.C provides that every person who signs his name as a witness to any signature to a claim for enrolment 'without having seen such signature written or (not "and") without hearing the person signing declare that the signature is his own handwriting, and that the name so signed is his own proper name' shall be liable to pay a fine not exceeding £50. The facts, as 1 find them on the evidence, are as follows: In July last the defendant was an elector on the electoral roll for the district of Auckland Central, and was I (in company with one J. E. Ik in, who [■was an elector on the electoral roll for Auckland West) canvassing for claims for enrolment. They went together to the scow Southern Isle at the Railway wharf. The deck o[ the scow was some feet below the level of the wharf, lkin went on board the scow to solicit claims, while the defendant remained on the wharf looking on. lkin had blank claim forms •with him. lie spoke to the men and asked them if they were on the roil. One of the men (Emil Eriksen) told lkin | that he (Eriksen) did not wish to be ie-' gistered as on elector, but after some conversation with one of his mates, he consented to sign a claim for enrolment for Auckland Central. lkin thereupon filled up one of the forms in pencil and Eriksen signed it. lkin could not attest the signature as he was not an elector for Auckland Central. The defendant was standing on the wharf looking down on the scow's deck, and saw Eriksen sign the claim, lkin shortly afterward* gave the claim to defendant, wli > signed his name as the witness . Kriksen's signature thereto. Having regard to the wording of the attestation clause at the foot of the form, which is in these words: 'Signed and declared by the claimant before me,' etc., it is, 1 think, desirable that every claimant should, in addition to signing the claim in the presence of the attesting witness, declare or state to the attesting witness that he [ (the claimant) has read the claim or that it has been read over to him and that I the answers to the questions are true and I correct in every particular. The omisI sion by an attesting witness to obtain from a claimant such a definite verbal admission or declaration has not, however, been constituted an offence. All that is necessary as the law stands at present (and it may be that an amendment is dejsirnble) is that the attesting witness I should actually see the claimant write his name; or, if he did not actually see the claimant write his name, he should obtain from the claimant a verbal assurance or declaration that the signature is in his own handwriting, and that the name written is his own proper name. "As the defendant saw the claimant sign the claim, the requirements of the law (as it now stands) have been complied with, and the information is therefore dismissed." With regard to the charge against Eriksen his Worship said: "The defendant is charged with "knowingly and wil-

fully' making false statements In his l claim for enrolment referred to in my 1 judgment in the case against Endean, juiir., viz., that he was a British subject and that he hod resided in New Zealand !12 months. It is admitted that these statements are not true. The defendant is a foreigner, and he was reiuciauuy ! induced to sign the claim. The blanks in the printed form were filled up by Ikin in a rough-and-ready way. SufiV i cient care was not taken to read over and ! explain to the defendant the meaning of the questions and the answers thereto which were 'written by Ikin. The claim was not read over to the defendant, who thought and was, I think, led to believe that it was 'only a matter of form.' I am confident that when the defendant signed , the claim he was not conscious tha"» he I was committing a breach of the law. Before the defendant can be convicted, it must be shown (see section of the LogisJ lature Act, 1908) that he 'knowingly and wilfully, , i.e., intentionally and deliberately, made false statements in his claim. The charge against him must be dismissed." As regards the charge against Ikin, his Worship said: "The defendant is charged with 'procuring' Eriksen to 'knowingly and -wilfully' make false statements in the claim for enrolment referred to in the case against Eriksen and Eiidean. The information is laid under a section of the Justices of the Peace Act, 1008. As I have held in the case against Eriksen that he (Eriksen) did not 'knowingly and wilfully' make false statements in his claim for enrolment, the defendant cannot, in my opinion, be convicted of the offence of ~'proii curing,' etc. I, however, condemn the hasty, careless and rough-and-ready manner in which the claim was filled in in pencil (it should, when practicable, be in ink) and Eriksen's signature thereto obtained. If canvassing for enrolment claims is to be permitted, the persons who attest the signatures of claimants I should, I think, be required to certify ! that the claim was carefully read over land explained to the claimant, and that the claimant declared to the witness that the statements in the claim were true and correct in every particular. This is all the more necessary -where claimants are naturalised subjects or illiterate. The j information is dismissed." i ■