WESTLAND SEAT.

Press, Volume LXII, Issue 18635, 9 March 1926, Page 8

WESTLAND SEAT.

ELECTION PETITION. MANY DISPUTED YQTES. ELECTORAL COURT SITS. (PBESS ASSOCIATION TELEGEAM.) GEEYMOUTH, March 8. Mr Justice Stringer and Mr Justice Ostler sat to-day to hear the petition of James O'Brien, ex-M.P., against T. E. Y. Seddon's election as member for Westland. Mr W. J. Joyce appeared for the petitioner, and Mr J. W. Hannan and Mr J. A. Murdoch for the respondent. Mr O'Brien's objections were: (a) That the names of some persons were illegally registered or illegally retained on the electoral roll. (b) Thatf the names of a number of persons were illegally registered or illegally retained upon the roll. (c) That a number of votes validly recorded outside the electoral district were not allowed by the Returning Officer, and not taken into account. _ (d) That some voters received their ballot papers and recorded their votes outside, and not within the polling booth. (e) That a number of voters entitled to vote were not permitted to do so, and were refused ballot papers. (f) That a number, of valid votes received for the petitioner were declared and counted as informal by the Eeturning Officer. (g) That a number of declarations by voters validly made were disallo-ved by the Eeturning Officer. (h) That a number of ballot papers on which voters recorded their wtes were marked or written on so that the identity of the voters could be ascertained, and such votes were allowed. (i) That voters entitled to vote only once recorded their votes at two or more booths. (j) That a number of ballot papers issued had not come into the hands of the Eeturning Officer at the time when, or before, the declaration of the poll was made. (k v That a number of votes were allowed to Mr Seddon by the Eeturning Officer which should have been declarod informal. (1) That the secrecy of the ballot was not maintained. . (m) That votes were allowed to Mr Seddon by the Eeturning Officer which were not recorded. (n) That the ballot papers used at the election, and on which votes had been recorded, were held at polling booths by the Deputy-Registrar for An unnecessarily lengthy period before being transmitted to the Returning Officer. At the General Election in November Mr Seddon was declared elected on the casting vote of the Returning Officer. The petitioner's case occupied all day. Eegarding the' objection to John Cain and his wife, of Greymouth, evidence was given that they had voted at Brooklands, Christchurch. They had been for six months there, and had come back to Greymouth four times. On the fourth occasion they remained permanently at Greymouth. D. A. Macintosh, postmaster, Greymouth, stated that Robert Blake was employed at the post office, Greymouth. Another voter objected to had left for Westport on March 15th, 1925, left for Eangiora on June 18th, and did not return to Greymouth. He had been employed at Rangioxa ever since. L. W. Louisson, clerk of the Court at Hokitika, deposed that Matthew Cain, of Kanieri, pensioner, drew his pension from April to November, 1925, at Blenheim personally, Frederick Alex. Thorpe, of Woodstock, drew his pension for January to March, 1925, at Birkenhead, and from April to September, 1925, at Dargaville, and for October, 1925, at Birkenhead. Since then he had received it at Hokitika. ■ Regarding other questioned votes, W. Shannon, Hokitika, said that H. Caldwell and his wife left Hokitika in March, 1925, a'nd had not seen them since. Regarding Francis Coote, evidence was that he left Greymouth on June 24th last. He had not returned to the Coast. As to Charles Corbett Cowie, pensioner, it was; shown that he had left in May last. The pension was eventually transferred to Konahu. Vivian Fail, surveyor, left the Forest Service at Hokitika on May 14th. He was in Tapamii, and was still employed there, while William Hay, another employee, left Hokitika on May 26th on transfer to Hanmer. Charles Harcourt, who voted at Athol, Southland, as an absentee, left at the end of June last, but had retained interests on the West Coast, and a banking account. Coral Fox, student at the Training College, Christchurch, had left her home at Hokitika," returning last November. William Gaulter stated that he had been on the Westland roll since 1506. Mnry Anne Hoskins, an absent voter at Wellington, deposed that she was on holiday for a year, and James Duncart Murdoch, medical, student, was stated to return homo to Hokitika periodically. , F,idence' was given concerning several other persons, whose votes were disPU <J. F. C. Coles, Registrar of Electors for Westland district, produced cards for the registartion of Bessie Cains. The application was received on May 25th, 1925, and that of John Cains for registration was received oft May oth, 1925. ' A number of votes came to hiin from outside districts, which were not admitted on various grounds. Four absent votes were disallowed, and declared informal. The grounds'of disallowance were marked on each paper in accordance with the Act. His recollection as to why these votes were disallowed was because the Registrar of Electors was not satisfied with the manner in which the votes were recorded. The number of votes objected to as informal was 124. He referred to what a witness had designated the Buller votes. Witness said that by some means six electoral and six licensing votes reached the returning officer of Buller. They were rejected because no declarations accompanied them. The absent voters' system was new one under the .1925 Act 'led to some humbug through lady voters voting just outside their own district. Mr Joyce contended that the fact of six people voting without declarations at Buller would be a gross irregularity. Witness (to the Bench): No telegrams accompanied these six papers. There were not counterfoils with the declarations, and the procedure was that the votes were sealed in small envelopes, and then placed with the others. When he received the voting papers he found they had previously been opened at "Westport. He detailed the booths mentioned on five. One of the six had no booth marked. Mr Jußtice Ostler: You could have found out from the returning officer what the names of those voters were? Mr Joyce: I submit that the returning officer received the votes and the declarations went elsewhere, and to all appearances something went wrong with the voting papers in transit. Mr Joyce agreed to delete the clause dealing with the secrecy of the ballot. He submitted that it was the last resource to appeal for a recount. Mr Justice Stringer: We are not 4»a-

posed to accept roving commissions to find out who voted for Mr Seddon. Paragraph 14 of the petition, was withdrawn. Mr Murdoch suggested that paragraphs 11 and 12 be withdrawn. , j Mr Justice Ostler: You' knew that paragraph 11 referred to the Euller votes? Mr Murdoch: Were we called to go i through the 9000 votes. Mr Justice Stringer suggested tho deletion of the- paragraph 12. Mr Joyce contended that informal votes had been allowed. Mr Justice Stringer: You've got to prove that, and you can't do that without specifying. Witness resumed his evidence wholly on details of votes accepted or rejected. Much other evidence was given on similar details—as to voters' places of residence, the dates on which they had gone to live there, and the like. Ihe Court adjourned at 7.30 p.m. until ( to-morrow. LYTTELTON PETITION. TO BE HEARD ON FRIDAY. On Friday morning, at the Lyttelton Magistrate'* Court, the hearing of the petition by Mr J. McCombs against xhe election of Mr M. E. Lyons, M.P., JuSce Ostler 6 *' 06 ringer and Mr Ifovf' t" of Wellington, and Sitlne J r; *,? *$ Mr 1? tft t* • rAI T - Donnelly and dent Lmn B«tone for the respon-