THIRD ELECTION PETITION.

Auckland Star, Volume LIV, Issue 73, 26 March 1923, Page 7

THIRD ELECTION PETITION.

— . EEE V. MACPHERSON. VALIDITY OF VOTES. BEFORE THE COURT. (By Telegraph.—Press Association.) J WELLINGTON, this day. ' An Election Court before the Chief . Justice and Mr. Justice Adams is sitting : to-day to hear the petition of Ernest Page Lee (formerly Minister of .lustioe) . against the return of John Anderson i Macpherson for the district of Oamaru at the last general election. Sir John , ; Findlay and Mr. Payne (Dunedin) appear for the petitioner, and Messrs. . Skerrett, Levi, and Ongley for respond- • I ent. ! | The petition states in part "That the official count of votes made by the | returning officer was only made, and | result declared as follows:—For Mac- • pherson, 4074; Lee, 4051; informal, 50; majority for Macpherson, 23 votes; that . the returning oflicer therefore declared Mr. Macpherson duly elected. The petitioner thereupon obtained a recount by |a stipendiary magistrate (Mr. Bundlel. . j The magistrate on such recount held . over several voting papers, and, after i all other papers had been disposed of, gave consideration to papers so held J ' over, and recorded them as votes for MaephcJiion, whereas, petitioner contended, they were informal. As the ' result of the recount the magistrate found the declaration of the returning, ' oflicer to give an amended public declaration as follows:—Macpherson 4067, Lee ' 4053, informal 61, majority for Macpherson 14. Petitioner claimed that he had a majority of valid votes cast, and , that therefore the petitioner was duly j elected. Petitioner stated that in the | count and recount a large number of I voting papers which were invalid or ! informal were counted in favour of Maci pherson, and ought to be struck off the j poll. " : *fWt% Further, he said that a number of votes in favour of petitioner were im- ' properly and contrary to law rejected, and that these votes ought to have been added to the poll of petitioner. Petitioner therefore prayed that a recount and scrutiny be directed; that Macpherson's election was null and void; and that the petitioner was duly elected and ought to have been returned. Mr. Skerrett, in moving to have the petition set aside, said the petition was addressed to the Chief Justice, and was being heard by two Justices of the Supreme Court. He doubted very much if there was such a thing as an Election Court. Affidavits showed that security for the petition had been paid into the | public account and not into the proper I account prescribed by the Legislature ! Act. * ~ i Sir John Findlay said the security was paid into the proper fund on the sth February, and therefore there had been complete compliance with the require-, ments of the Act. V. ,' Mr. Skerrett: That was too late. | Mr. John Fondlay: Yes, but it is only fair to point it out. I The inquiry is proceeding.