CARDS AT LICENSING ELECTION'S

Dominion, Volume 2, Issue 498, 4 May 1909, Page 6

CARDS AT LICENSING ELECTION'S

. ft : ■ ; * A CASE IN COURT. (BY. TELEGII AI'II —SPECIAL CORRESPOND3SNTJ : Palmorston North, May 3. ■ All interesting case was argued at the Magistrate's Court, before Mr. A. D. Thomson,; this njorning, when Michael Moyiuhan, publican, , of Shannon, was charged on four.'counts' With breaches of the Licensing Act by issuing small cards at'.the licensing elections on March 9, containing instructions how to vote. ' The case was the first of its kind heard in Now Zealand, and was laid, in two oounts under Sub-section. A and two . under Subsection B.of bection. 157 of the Legislature Act. The allegations, as stated by Mr. Lougiinan, prosecuting counsel, were that on 9, at. the Otaki licensing .the delondant accosted,, two men, Thompson and JJonton, who were'on their way to tho polling booth, and delivered to' them a card (produced) .containing..names of candidates,, some of which/were, scored out, -. according to tho ticket supported by defendant.. The .card. was. headed: "Otaki Licensing Election," this being followed'• the "words, "How, to yote," .in large type, jind the words, "Vote for the Moderate party. Mark tho voting paper that will-' be given you in the booth, thus." The names followed in alphabetical.order, as on the ballot paper, with the names of some 'scored out: The charges were'laid under , the Licensing ' Act of 1008, which, by Sub-section 44, adopts the procedure of the Legislature Act of 1908 in respect to licensing committee olections. Mr. Cooper, for the defence, contended, in the first place, that the. whole of°. tho Legislature Act could .not be brought in under Section 44 of tho Licensing Act, and quoted; extensively _ in support of his con- ' tention. The section, as to penal offences obviously did not Apply to liconsing committee elections., ,ln~tho second placo, merely handing a . card to. a person as ho walked along the road was not an interference unless the person was absolutely stopped. Then the card was-not imitation of tho ballot paper. Tho section was no doubt intended to prevent the 1 possibility of , ignorant people putting imitation papers into the ballot box instead-of tho proper papers. In reply, Mr. Loughnan pointed out that, if-tho ponal clausos did not apply to licensing committeo elections, thcro would be nothing to, stop any of tho parties doing • just as.thoy liked. They could go into the polling booths and coerce'electors, and do everything that was guarded against in the ' Act in order to get thetf ticket elected. After further argument his. Worship reserved judgment. ; ..... v