OTHER OPINIONS.

Press, Volume LXI, Issue 18544, 20 November 1925, Page 8

OTHER OPINIONS.

SIR FREDERICK LANG'S VIEW. (sriCIAL TO "THr PRESS.") AUCKLAND, November 19. On at least one occasion previously a member of Parliament has been returned by the casting vote of the Returnins Officer. This occurred in Motueka in 1871, and subsequent events were Interesting. The candidates were Sir David Monro, who had been Speaker of tho House of Representatives for 10 years, and Mr Charles Parker. The poll was taken on February 10th. 1871, and both candidates received 193 votes. The Returning Officer gavo his casting rote for the retiring member. "When tho new Parliament met on August 14th, Sir David Monro recalled that at the end of the previous session he had announced that ho would not seek re-election as Speaker, and ou his motion Mr l>illon Bell was elected to the offico. On tho following day a petition was presented challenging tho validity of the election in Motueka, and a committee was appointed to investigate the matter. Tho result was tho disclosure that a vote had been polled for Sir David Monro by a man who was not registered as an doctor. He had inherited property from his father, by virtu© of which .the latter had been qualified as an elector, and, the nr.mes of father and son being similar, the son had been allowed to vote. This ballot paper was disallowed by tho committee, and on September 20th, 1871. Sir David Monro was unseated and Mr Parker declared elected.

A Retaining Officer's Opinion. The position that has arisen in both Westland and Lyttelton electorates was submitted last evening to an Auckland Returning Officer with many years' experience of general elections. While the present position js unique, the possibility of- such a point Rrising has often. fc<een contemplated, and this Auckland officer said that many years age he had discussed this verv problem with other Returning Officers. Without exception they had all stated that if the occasion arose they would give their casting vote in. favour of .the retiring member. In the opinion of this officer the letiring member is not defeated until the Returning Officer has given his casting vote, ■ and to his mind it was not for the Returning Officer to defeat tho retiring member. That, ho said, was the view of most Returning Officers with Whom he had come in contact.

Ex-Speaker Discusses the Point. While he had no recollection of a tio having previously occurred in a Parliamentary election, Sir Frederick Lang, M.L.C., a former Speaker of the House of Representatives, quoted the rule in the Mouse when tho voting was oven. In that case tho Speaker gave his vote to maintain,^ho existing order. In other words, he voted that things should remain as they were—that thero should be no change. In tho case of Lyttelton and Westland, if this precedent Were applied, the Returning Officer's vote would go in favour of the retiring members, Mr J. MeOombs in Lyttelton, and Mr J. O'Brien in Westland. Of course, in the case of Westland, Mr Seddon was an ex-member, who had represented tho. constituency for longer than MiO'Brien, "and that might have influenced the Returning Officer, but in the case of Lyttelton Parliamentary procedure was clearly in favour of the casting vote going in favour of Mr MoCombs. When a tio occurred in local body elections, it was a wellestablished custom for the Returning Officer, to give his casting vote in favour of the retiring member: It was assumed that where one of those concorned was a retiring member the electorate had not voted for a change. PRIME MINISTER RETICENT. . (PRESS ASSOCIATION TELEGBAM.) DUNEDIN, November 19. When asked this morning to com-, ment on the Lyttelton and Westland' elections, Mr Coates said: "I suppose* there are recounts and so on still to come. At' least tiere probably will be. 1 prefer to say nothing about the matter at the present stage." WESTLAND SEAT. PETITION TO BE LODGED. (special to "the tress.") GREYMOUTH, November 19. It is understood that a petition will be filed at an early date, asking that the election for the Westland seat should be declared void, or that Mr O'Brien should be declared elected. It is alleged that a great many irregularities occurred in connexion with tho qualifications of voters and the manner in which 'their votes were recorded.