The Clutha Leader. BALCLUTHA : TUESDAY, FEB. 27, 1900.

Clutha Leader, Volume XXVI, Issue 1379, 27 February 1900, Page 2

The Clutha Leader. BALCLUTHA : TUESDAY, FEB. 27, 1900.

Mr Stratford S.M., gave a long carefully prepared decision on Monday last in the petition by the Temperance party for an enquiiy into the Local Option Poll taken in December last. The Returning Officer had declared tha^ no proposal had been carried, while the petitioners contended that the true results of tho poll was that reduction Jiad been carrie 1. The Returning Officer for Bruoe adopted a coarse chat seems to have been general'y but erroneous'y followed by Returning Officers throughout the colony. Section 8 of The Alcoholic L ; quors Sale 0>n f rol Ac JS9S, provides that ' The Returning Officer shall count the votes and reject all the informal votes and shall ascertain and determine the results' file. But, the Returning Officer only counted the votes recorded at the Milton booth. Ho had telegraphic reports from the deputy returning officers of tho number polled at their respective booths ; these ho added together and dec'ared the result accordingly- When the figures first appeared we pointed out that a mistake had manif'St'y taken places at Pukepito, Miiburn, and Waitahuna Gully, that at these booths the votes for reduction, had not. b-^en counted and that had th^y li-rh counted, reduction would have b j en carried in the Bruce district. Tie T -mp'-r Mice pirty being also satisfied of tho mis'ake lodged a petition for an enquiry. A similar case arose in the Oiinaru district where an enq liry wju held by Major Keddell who found that the returning officer ■ hurl nn!v counted the votes recorded afc tho principil booth. In this c.ise the MaijisTa'p iiHd that the wliolo votes not having been counted by the R"hirning Officer voided the poll, and declared it void accordingly. We at the time expressed the opinion that this decision was erroneous ; that the ftct of the whole of the vo'ea not having been counted by the Returning Officer could not make void the poll \ that it only amounted to this, that the Returning Officer had stopped short of his duty, and the magistrate should have called on him to complete his duty by counting the whole of the votes and declaring whatever result that count, might show. The Act does not limit th.-i time within which the votes must be counted or the result declared, so that it was quite within the magistrate's power to order this to be done now. Mr Stratford has taken this view of the matter on the Bruce petition, and concludes his judgment; I hereby decide that the declaration already purported to have been made is null and void and of no effect, and I call upon and direct the Returning Officer fo ascertain the result of the poll in the manner provided by section 8 of the Amendment Act last mentioned, and to make a declaration of tho result as provided by section 9 of that Act ; and to enable the Returning Officer to perform that duty I authorise the Clerk of the Magistrate's Court at Milton, as custodian of the packets of voting papers, to permit such packets to be opened by the said Returning Officer for the purpose of enabling him to comply with section 8 of the said Act as to counting the votes, and I adjourn this inquiry, sine die, for that purpose accordingly.