THE GREY ELECTION

Dominion, Volume 11, Issue 305, 13 September 1918, Page 7

THE GREY ELECTION

PETITION AGAINST MR. HOLLAND'S RETURN ' ISSUES SUBMITTED TO THE COURT By. Telegraph.—Proes Association. Croymouth, September 12. . Tho election petition of Thomas Eldon Coates was resumed at the Courthouse this morning, before Their Honours Mr. Justice Chapman and Mr. Justice Mr. Haiinaii, counsel for petitioner, stated- that both petitioner's and defendant's counsel had agreed to submit ths following issues to the Court for decision:— . , . 1. An unmarried person registering on the Grey electoral, roll obtains .emi ploymont in an adjoining electoral district': more than six months before a by-election, and resides there whilst followiiK' his occupation, but does noi apply for registration or become registered on the electoral roll of such adjoining district; if he returns to the Grev electorate occasionally, and remains in such electorate more than six davs, either continuously or at intervals during the six months immediately preceding the date of an election, stayinrr on such occasion either at an hotel or boardinghouse. Is his i-ote 2. A married person registered on the "Grey electoral roll .-obtains employment in an adjoining electoral district more than six months before the date of. the election, and resides there with his iamily whilst following his occupation, but does not apply or become registered on the electoral roll of such adjoining district. Ho returns to the electorate occasionally, and remains in such electorate for more than six days, either continuously or at-intervals during the six months 'immediately-.preceding the date of .the election,, staying on such occasions eitl-.r at an hotel or boardinghouse: Is his vote valid? . ' 3. An unmarried .person living witn his relatives in the Grey electorate ant registered on the Grey electoral , roll obtains employment in' an adjoining electoral district mote titan six months precedih" the date of an election, and remains there, whilst following his occupation, but does not apply for registration or become registered therein. He returns to the Grey electorate occasionally, and remains therein .with such relatives.for more than six days either continuously, or at intervals during the six months preceding the date of -he election. Is his vote valid.-' i A married man living with Ins wife'iii the'Gi-A- electorate, and registered. on,tho Grey electoral.roll, obtains employment in an adjoining electoral'district more than six months, preceding the date of tho election, and remains there whilst following his occupation, but does not apply for rewistratibii or became registered there: ,itv Ho returns to the Grey electorate : occasionally, and remains therein with his wife more. than ' six days eitiier continuously- or at intervals during tho six months immediately preceding the date-of the election, is that voto valid? . "•'■ '-,-■... '•-. • •■■ .■■■ "C. A person duly .registered as an '-elector'leaves the Grey electoral district more than one month, but less, than., six months from the date of .the election, having no intention to re/tui'n, and; not in fact returning. Is his vote valid? . , 6. A person whose name does not appear on any roll for tlio. electoral district of Grey since tlie year 1913, and whose name has not been removed votes on a declaration. 'Is. his voto valid? •■■'■. ■■• -J"-' . . ' 7. :• A person obtains a ballot paper in consequence of a false statement in his declaration, and records his vote. Is his vote valid? ." i 8. A person whoso name is already registered "oil the "roll of an adjoining 'electorate is .'enrolled irii .a£Sli'cabinu in the electoral district of Grey, his name, still remaining on- the roll nf such adjoining'district. Is'his Voto valid? . '.- / .- ■ , ■'..;. ; ■' Mr. Haniian, dealing with issitfs 1 find 2, contended that only qualification for a voto was residential, and that the.right' to vote was tho voter's placo •of residence. The whole foundation of onn man onu fote was strictly residential, and ho maintained that votes under issues 1 and 3 were not valid. According to the Act. "place of residencfi" was "whore tho voter has his usual place of abode," notwithstanding any occasional absence from such placo of abode. Any man who" removed to a now-.district was entitled to voto in that district after one month's residence, anil he coiitended.thattlie voter's qualification for tho'other, district was therefore cancelled. Tho whole test was: "Had lie changed .his place of residence," which, when boiled down, Tame to ''where a man habitually slept." With issue No. 2 Mr. Hannau contended that there could be lioargii--

ineilt as to tho invalidity of such a I vote. This was a clear case of removal of residence. Tho whole test in issue .No. 3 was, "Had ho changed his place of residonco?" and in counsel's opinion, there could bo , little- doubt about it' No. 4 was, iit counsel's opinion, a clear caso of where a man removed to another district, but did not change his placo of residence. There could bo no argument in this case , , as tho voter was legally entitled to vote. Kcgnrding issue No. 5, ■counsel contended that tho man in this caso had clearly iorfeited his i evidential qualifications. Mr. O'Regan, speaking to issues 1 and 2, said that the test under these issues was residence. But the question before the Court was, "What is residence?" The torm.residence had a special meaning. In a general senso tho word "residence" indicated permanence. Under certain sections of the '.Act a man might separately or continuously visit his residence, and in the case of a man who had two residences, ono where he worked and another in the district in which ho was enrolled as a voter, he should be entitled to vote. Mr. O'Regan stated that men, particularly miners, who had no settled abode, would in many- cases bo deprived of a voto if the contention of the petitioner's counsel was upheld. People as a rule took little or no interest as to what roll they were tin until an, election was approaching. In the case of the Iteefton miners, many of these people could be in any one 'of three electors, as Duller, Grey, and Westland electorates all bordered on Reef ton. Many of the -miners worked at mines in oither the Buller or the Westland electorate, but they macfo their homes in Reefton, and being enrolled on the Grey electorate they certainly retained tin right to vote. Mr. O'ltegan spoke for two hours and a The' Court adjourned till 11 o'clock to-morrow. ' ' . .