THE CLUTHA LICENSING ELECTION.

Clutha Leader, Volume XX, Issue 1030, 20 April 1894, Page 6

THE CLUTHA LICENSING ELECTION.

The hearing of a petition against the validity of the recent licensing election and the local option poll in the Clutha district came on at the Magistrate's Court hers on Monday, beforo Mr R. S. Hawkins, S.M. Mr D. D. Macdonald, with him Mr S. Solomon and Mr Sinclair, appeared for the petitioners ; Mr D. Stewart for the returning officer and the local authority (the county council) ; and Mr A. S. Adams for the respondents (the members of the licensing committee). The following was the petition presented to the court : — " We, the undersigned electors of the licensing district of Clutha, hereby declare that we verily believe that at tho election of the licensing committee of tho said district, holden in the said distriH on the 21st day of March 1894, at which John Johnston, James Brugh, John Gibson, James Taylor, James Scott, John M'Coll Smith, Allan Stead, and Alexander Russell were declared to be duly elected as the said licensing committee, and at the poll taken at the same place and time to determine whether the present number of publicans', accommodation, and bottle licenses is to continue, to be reduced, or to be granted, it was declared that the proposals that no such licenses be granted, and was duty carried, the said election and poll are void upon the following grounds : — 4< 1. The polling booth at Clinton, in the said district, was open till half-past 6 o'clock in the evening. "2. Intimidation was used at such election to such a degree as to prevent some electors from polling. "3. Charles Dallas, deputy-returning officer at Te Honka, in the said district, told voters while in the polling booth to vote for prohibition candidates and for no publicans' licenses. "4. John Sanders, deputy-returning officer at Heriot, in the said district, told voters while in the boiling booth to vote for prohibition candidates and for no publicans' licenses. " 5. Neither the returning officer nor any of his deputies properly counted the votes given at the various polling booths in the said district, and the result as declared by him is not correct. "6. Persons not interested were allowed into the polling booth to instruct voters. "7. The secrecy of the ballot was violated by the returning officer and deputies and others. " And we pray that an inquiry may be made into the &aid election under the provisions of ' The Regulations of Local Elections Act 1876,' and that the said election may be declared to be void." The petition was signed by the undermentioned ejectors :— John Dunne, John M'Corley, Roderick M'Keuzie, Peter Blackley, Carl Peters, and William Lawton. Mr Macdonald said : This petition was prepared with the object of protecting all the rights of the petitioners. There may be grave doubts as to whether the magistrate has power to adjudicate on that pa/t of it, which affects the local option poll. However, the party which we represent has had a conference, and we are instructed not to attack the committee at all. Oi.r real grievance is the local, option poll, and we consider that that can be attacked more conveniently and effectually in the Supreme Court. We, therefore, do not intend to proceed further with the petition, with a view of taking proceedings in that court. Mr Hawkins said he entirely concurred ■with learned counsel's view of the case. The only object that he could see of bringing the case before that court was to get a case to go to the Supreme Court on. Mr Macdonald admitted that that was so. Mr Adams remarked that what his learned friend confessed was the object of the petition wa9 a very improper one. That was using the machinery of that court for the purpose of fishing out evidence to bring before the Supreme Court. Under the circumstances he must ask that the other side be ordered to pay all expenses. Mr Solomon : Of cousse we cannot object to the payment, of costs. Mr Hawkins : The only question is, what costs ? Mr Adams observed that the matter was entirely within the discretion of the court, j Mr Macdonald said he did not think it could be contended that Mr Adams should not be allowed costs ; but he maintained that the returning officer had no right to be represented in court. Mr Hawkins : In the Supreme Court the returning officer would be the chief person in the case. Mr Stewart : That is so. Mr Macdonald contended that if the returning officer had a right. to be represented by counsel, all his deputies had the same right. Although his conduct was being inquired into during the investigation of the case, it did not at all follow that he had a right to appcer in that court by a barrister. After further discussion on the point. Mr Hawkins said he did not think he could allow anything more than ordinary fees for a solicitor. As it happened in the inquiry there had been no work done. If the sitting of the court had lasted longer he might have considered what a fair remuneration should be. It did not seem to him thut he was at all bound by the R.M. scale of fees in any way. At the same lime he did not think he should be justified in allowing anything more than ordinary fees for attendance, taken on the most liberal scale. Mr Adams said his worship would no doubt attach some importsnee to the fact that this matter was of more importance than a case where a small amount of money was involved, inasmuch as had the petition been gone on with and been successful it would have thrown the whole country into a. turmoil on this question, and would have involved another' local option poll. Mr Hawkins said there was no amount claimed. That was ore of the difficulties. He did not know of anything to guide him in the matter at all, but he did not think he had a right by means of costs to punish the petitioners. Mr Adams contended that the other side < had no right to put the respondents to the expense of bringing him there. They

might have given him notice that they did not intend to proceed with the petition. Mr Macdonald said he did not know that Mr Adams was going to appear. He only saw a paragraph in the Daily Times referring to the matter. After further discussion, his Worship intimated that he would allow L 3 33 professional coats and, and Ll 5a for costs of advertising.