ELECTION CHALLENGED.

Auckland Star, Volume XLIV, Issue 107, 6 May 1913, Page 8

ELECTION CHALLENGED.

A MOUNT EDEN EXCITEMENT. ATTITUDE OF AN EX-COUNCILLOR. THE EFFECT ON THE BOROUGH. At a special meeting of the Mount Eden Borough Council last night, the first since the recent election, intimation was received of a pending action to have the election declared void. The returning officer (Mr Gray) intimated that two days before the election he had received from Mr John Davis, an ex-councillor, a letter declaring his intention to have the election voided unless the impending election were abandoned and a fresh election fixed, to enable him to bs nominated. Mr Gray reported that he intimated to Mr Davis that the election would be proceeded with, as he believed that it was in order.

The text of Mr Davis' letter, dated April 28, is: —

••I hereby beg to give you notice that owing to your wrong and irregular iu;tion in ri.«peri of tbe appointment of a day for tlie nomination or candidates for tins election, I have liren deiianod troin beius a candidate at tue olcviiun. Accordtug iv the local appearing iv tile 'Auckland fc>tar' or tue 22ud Inst., and according to your oUicial ndvtM-tisuuiunt inserted iv the 'New Zealand Herald , of Wednesday, tbe Sard iust.. you closed the time for nomination of though \he' date Used for the election is tut- :>Uth lust.

'•Knowing that tbe election was fixed for tuc .'itith iust., I had a 'nomination paper iv the prescribed form, signed by two electors of the district and by myself, and proncaed to deliver it to you before uoou or the 23rd lust. I was under the impression tbal the usual and the proper day for tbe Domination of candidates was a week prior to the day of election. I still think, according to tuii wording of section T of the Loral KUtttlcns and Polls Act, that tbe proper day Is oltncr Weilueedny, the 23rd. or some day nearer the election than that day, and that your Closing of rbe nominations earlier than "the 'iard Is irregular and voM.

"1 now lieg to give notice that I propose to take Immediate steps to have the election declared void. In case you do not nt once abandon the same, ami li;ive a frosh rtiiv Used, so that I may not bo. debarred from the exercise of my rights as a ratepayer nud n candidate—Yours raithfully, (signed) John Davis." THE MAYOR EXPLAINS. The Mayor (Mr O. Nicholson) explained that the position was one in which the Council itself had no" voice. The Council appointed the returning officer, but hud nothing to do with the conduct of the election, which was entirely in the hands of the returning officer and beyond the jurisdiction of the Council. It' was a matter between the returning oflicer and ex-Councillor Davis. According to the Act the returning officer had to give public notice of the election and to appoint a day, not less than five or more than seven days before the day of the election, for the closing of nominations. The returning oflicer for the borough of Mount Eden followed the course adopted by all the other returning officers, who inserted notices that nominations would close on April 22. All the first notices were to that effect,, but subsequently the city and some of the suburban returning ofDcers, by advertisement, altered their closing dates to April 23. Mount Eden retained the original date. It was now contended by ex-Coun-cillor Davis that he was under the impression that nominations closed on the 23rd. and consequently he did not put in a nomination. The s]>eaker had been informed by ex-Councillor Davis , solicitor that it was his absolute intention to take proceedings to have the election declared void. If ex-Councillor,Davis were correct in his contentions, the irregularity was one that could not be cured, and a fresh election would be necessary. The Mayor mentioned incidentally that if the Mount Eden election was irregular, then the elections of the city and other suburban areas were also irregular in the matter of giving notice of the nomination date 14 days before the election. That irregularity could, however, be cured by the Uovernor-in-Council.

It all turned on the point whether "seven days" and "fourteen days" meant so many clear days, uot including the date of nomination, as had been held in parallel cases that had been disputed in Court. But the matter was one for the magistrate to decide. If cx-Comicillor Davis were held by the Court to be correct in his contention, it would mean that there would be no Council representing Mount Eden district for a period of some three or four weeks; and, if the Mayor's election were assailed, there would be also no Mayor. In any case he would not undertake to resort to the expedient of opening trust accounts to carry on the affairs of the borough. That would mean that the whole of the work in the district wonld have to be suspended for three or four weeks, and every employee of the borough would have to be discharged from his position.

WHO'S TO BLAME? That responsibility (the Mayor continued) must be on the shoulders of exCouncillor Davis, who, as an ex-Coun-cillor of some years' experience, must have known that it was the duty of every candidate for election to look up the notification inserted in the daily newspapers for his guidance as to the nominations. There was no excuse for his action, which was due to neglect in not keeping himself acquainted with the aii'airs of the district. All the other candidate* had followed the advertisements and had acted according to them. The matter would come before the Court, concluded the Mayor, and until it was formally decided it was inadvisable for the Council to commit themselves to any policy in the affairs of the year. There was nothing for the Council to do but await the decision of the magistrate.

In answer to questions by Crs. Jones and Sha.cklpf.ord. the returning officer said that Mr Davis had not presented any nomination on the 23rd, and that no communication had been received from him till the 28th, when he presented the letter that was put before the Council. The office, Mr Gray stated, was open as usual all day on the 23rd.

IN THE MEANTIME. The Council reappointed the old Finance Committee and the old Streets Committee, with the addition of Cγ. Lee, to carry on affairs in those departments tiirthe decision.of the Court on the election was declared.

It is anticipated that the matter will be brought before- a magistrate and decided within the next fortnight.