ELECTION PETITION.

Dominion, Volume 2, Issue 418, 29 January 1909, Page 6

ELECTION PETITION.

DUNEDIN NORTH SEAT. MR. THOMSON EETIJRNED. (BY' TELIQttAFH. - BPECIAI* C3ERKBPOKDKTT.J ■. '. Dunedl'n, January 28. ■ " The Dunedin North , election petition catte before their Honours Messrs. Justice /Williams and Denniston. in,the Supreme Court this morning. Mr. .Solomon"; Mr. Barclay),' explained that' petitioner did : not ground his complaint regarding'the return of Mr. Thomson upon' any misconduct,' and there was no suggestion of misconduct .in .respondent's, answer. .The sole, ground-upon, which the' petition was based was that the respondent did not really receive , a-majority of votes'of persons ..who were duly qualified to vote. It was contended that Mr.. Thomson, I who. on the _declaration of the. poll/had ai majority of six_ votes, , had received one informal vote, which would'have , reduced' his majority, to five/ In addition to that there were, three persons who: were supposed to have voted twice., If this had been,the case Mr. Thomson would have, been in" a minority of one. Subsequent examination tended to confirm the view ; taken by Mr. •■ Barclay on both, these points, but the.answer to the ■petition was. that certain'voters who had voted for Mr; Barclay; were disqualified from voting. In addition to that it was ascertained that some: other voters,., who .had voted' for Mr. .Thomson,,were not qualified to vote-for him. It:was. impossible, to ascertain.the exact state of affairs until the.roll : was examined. Mr. Justice Williams made an order for Ike parties ,to "examine, the roll. They had examined each ; vote, and had taken credit for all the votes; they maintained each party was entitled to get, and after deducting from each party_the votes which.they, on"Mr; Barclay's behalf, maintained were properly-set .aside, he had been compelled to come to ■' the conclusion that the result left Mr. Barclay ■! :n a minority of'.one vote. There were-one or two other votes about which there was. a dispute, but taking: credit for'all the votes' they, were, entitled.to,get,-there was still'a majority : of, one for Mr! Thomson. Under 'the.;circumstances, he/had found it his bounden diity'to advise Mr. Barclay that'Vo good purpose would be served by going any fur- ; ther into:the matter.' : Although Mr. , Barclay felt, disappointed; no other- course" was.: open to.him; but-to "accept the advice.'The question ;.wos- what 'Was to-be done under, the Statute in'-the circumstances ? . The. petitioner. inust.giVe notice'to the other.side andadver'tise his intention not.to proceed further, with .the'matter.' The parties examination of the roll/was not made until yesterday,: and it o'clock in the. afternoon , before; it was decided: that. it:.was hopeless to proceed. Under'-, those . circumstances they could : uot do;;what was ..provided.,by: the Statute,--and it, occurred : to. - both, sides -.that the-proper thing to do was to.come.to ithe: Court' and .say. that/they did not. propose to call-any evidence;/and.that as "a , matter-of • law/Mr. Thornson- was. entitled-to-retain the seat. " .' Mr.''Justice. Williams-' said'.'that' they: had ,to consider the. interest, o.f/.the.pubiicin the matter:'apart from the'-interests of the par.ties.■ Counsel would'have no : - difficulty in putting before- the' Court, the 'facts which had led .them, to the -conclusion , just,, stated./ It could/be done/shortly (by.-eVidence: ■ .'•.':.:-. -■'■: Mr: Solomon then.stated .the^facte.fully,: . Mr.: Wobdhp'use, for/Mr; , Thomson, /said ; that he■' presumed : it\ was not: necessary.' for him, in v\ew of the preseiit i .aspect of. the case, to-address-the Court.-. ,ft,'/ ;,. ■'k -,. ~, '//-/...; His/Hohoiir: Hardly, I.think.. ;-.i ./■ l -. , '-■: Mr. , Wobdhou'sei con.tin.ued that he' had fol-. lowed' Mr.' Solomon in/his: calculations so/far as they: went,'but. : there.'we're 'other-matters not..deal_t with-.by .Mr.VSolomon; for;respon,dejit's side .claimed more'votes than those, "'Mr;-' Solomon." had/mentioned'; "'.'However., -it' was not .necessary to go into ; that," as • if their contentions ' were, ■right.they/ would only in-. crease .Mr/Thomson's majority.''.: •'• ■■-''- : Mr. ''Justice Williams: "-It• comes;to;this,making every possible'assumption /in-. Mr.. Barclay's favour, there,still.remains a.major--'ity-of .one :in''Mγ.- Thomson's'favour? '."...■ ••-.'Mr. : -Wopdhouse: : agree:d:with..his:Hdnour's sta'te'ment./- ■ //;■ ,'.■,/.-,//' '// /v/ .;:,' ' Mr. Justice Williams:'.And;if,some.-of these cases .'were investigated:, the -majority:, might: be mbrey.rbut there;is a; minimum: J majority:'of, ;one, which '.IB sufficient, to. justify , sion 'that "Mr. Thomson had "teen duly 'returned. That will be the finding of the tiourt," and 'we shall report accordingly..;.'' :;; ~ . ■ "Concerning, costs, it. was mentioned, that'it' had been agreed that Mr. Barclay should, pay costs: to Mr. Thomson..•■*.'■-".',.- : .,- ■ '■'•>' '"/■'