WITHDRAWN.

Auckland Star, Volume LXX, Issue 15, 19 January 1939, Page 13

WITHDRAWN.

ELECTORAL PETITION. _____ LEAVE GRANTED BY COURT. ** HO ILLEGAL PRACTICE." (By Telegraph.—Own Correspondent.) WHAXGAREI, this day. Stating that the substance of Press Association telegrams on the subject was only a half truth, the Chief Justice, Sir Michael Myers, made it clear at the Electoral Court at Kaikohe to-day that the Court had not refused to postpone the henring of the Bay of Islands electoral petition. With the Chief Justice were Mr. Justice Blair, Mr. E. G. Rhodes, deputyregistrar of the Supreme Court, Wellington, and Mr. W. £. Mason, associate to the Chief Justice. The Court granted leave to withdraw the petition, the petitioners being instructed to pay 20 guineas and disbursements to respondents. Mr. W. C. Wilie, of Kaikohe, appeared for the petitioners, a'na Mr. D. L. Ross, Whangarel. for the respondents. In outlining the reasons for seeking withdrawal of the petition. Mr. Wilie said that the petitioners did not think continuation of the petition was warranted in view of the tremendous expenditure. After the General Election in October, be explained, there had been reports that certain people not entitled to vote had voted. It was estimated that there were 300 such persons in the Bay electorate. Only 28 days had remained after the final declaration of the poll in which to lodge the petition, and the petitioners had been obliged to decide within that period. They had considered that the majority of those 300 votes, if properly treated, would turn the result of the election. "Tremendous Expenditure." The majority gained by Mr. C. W. Boswell (Labour) over Mr. H. F. Guy (National) he continued, was 163. Referring to reports that illegalities had occurred in other electorates also, he said that it had appeared to the petitioners that there was something wrong that these alleged abuses should be allowed to occur, and that, on these grounds, the petition should be lodged and publicity to the state of affaire in the Dominion. There was a far wider tnplication, he said, than the mere winning of the Bay seat.

He went on to explain, however, that in some cases it would be necessary to trace back the ancestry of a number of Maoris to four generations. Mr. Wilie agreed with the Chief Justice that the investigation would involve tremendous expenditure. Until a final decision wan reached, the Bay electors were uncertain of the position and they wanted to know definitely who was their representative. Moreover, he said, the information gathered could be used to purge the rolls on future occasions. It was hoped, he said, that the publicity would do some good. In answer to the Chief Justice, Mr. Wylie Raid there was no hint of Ulegal practice. He added that consideration would also have to be given to the case of 40 absentee Europeans, who, it -was said, had lost the right to vote in the •bay. Investigation into those case* would necessitate Dominion-wide inquiries. "' The Chief Justice: You feel that you were not justified in incurring this expense? Mr. Wylie: That is so. Mr. Wylie then formally asked for the withdrawal of the petition. No ofojectione were raised by Mr. Roes. At this etage the Chief Justice mentioned the context of certain Press Association telegrams pn the subject which had appeared in papers throughout the country.

"Only a Half Truth." In tlie«e, he said, there were suggestions that the petitioners had been forced by the Court to withdraw the petition as the Court had refused to grant a postponement. Mr. Wylie Raid that there was nothing to that "effect In the request for the withdrawal. "I am glad that you say that,' eaid Sir Michael. "The Press Association telegrams are only a half truth." He then pointed out that the whole position had been explained both to him and to Mr. Justice Blair in Wellington. It had been indicated that when the matter was discussed at the election Court sitting, an opportunity would then be given for a postponement of the hearing in order that further evidence might be secured. The petitioner*' representative in Wellington had considered that a sound proposal. The Chief Justice made it clear that there was no pressure by the Court toward* postponing the hearing. He added that it had been difficult to arrange « flsture on account of other •nikiin tiiulnna. and both he and Mr.

public business, ana Dom ne »■>" ■ Justice Blair had to take a considerable part of their vacation to fit in the work. - > Leave to withdraw the petition was then formally granted. In order to fulfil the formalities of the statute, Mr. Wylie assured the thief .Fust'ce there was no corrupt arrangement involved. Regardinsr costs, the Chief Justice intimated that these were to be ijorne by the petitioners, a position which M. r - Wvlie said he appreciated. Mr. Wylie ancl Mr. Rosa then agreed on 20gs and disbursements to be paid by the petitioners to the respondents.