THE THAMES ELECTTON : PETITION AGAINST SIR GEORGE GREY'S ELECTION.

Daily Southern Cross, Volume XXXII, Issue 5724, 1 February 1876, Page 3

THE THAMES ELECTTON : PETITION AGAINST SIR GEORGE GREY'S ELECTION.

Mr. James Maokay yesterd.ij di-liveied to Major Kecldell, the Returning Officer for the Thames district, a petition to the House of presentatives, complaining of the undue election of Sir George Grey, K.O.B., as a member for that district. A copy was, in accordance with the provisions of the Election Petitions Act Amendment Act, 1862, forma 1 ly served on Sir George Grey at his office yesterday afternoon, shortly after the delivery of the original to M.ijor Keddoll.1 The petition was as follows, vi/.: '"To the honourable the inembois of the House of Representatives for the colony of New Zealand in Parliament assembled : The humble petition of James Mackay, of Shoitland, in the province of Auckland, land agent, Showeth : That your petitioner is a dulyqualifiod elector for the electoral district of Thames, and that his name and qualification, as such are duly set forth in the electoral loll now in force for and within the said electoi al distiict of Thames, as follows :— No. 1,770, James Mackay, jun.: place of abode— Shortland; nature of qualification— 1 freehold 2 household ; pl.ico wheie property situate and description of same— Huikaretu, B block, town of Shortland; dwelling-house on same. That in consequence of a writ under the hand of his Excellency the Governor having been addiessed to the Returning Officer for the elector.il district of Auckland City "West, ho did appoint Wednesday, the 22nd day of December last to be tho day for the nomination of two duly qualified electors to be the members of the Houso of Representatives for the said electoral district of Auckland City West. That in pursuance of such notice Sir George Grey, K.C.B., of Kawau, freeholder, a duly registered elector; and Patrick Dignan, of Auckland, freeholder, a duly legistcrcd elector, were, in the absence of any other candidates, or opposition of nny kind, declared by tho said lielurn'Yg Officer to be duly elected as members of tho House of Repiesentatives for the said electoral distiict of Auckland City West. That the Returning Officer did, in accordance with law, foi thwith endorse the writ to the effect that the said Sir George Grey, K.C.B., and Patrick Dignan had been duly elected to bo the members of the House of Representatives for the electoi al district of Auckland City West, and the said Returning Officer did forthwith return the writ to the Cleik of tho Writs. That all things and matteis neccssaiy for the due election of the said Sir George Grey, K.C.B., and Patrick Dignan, which, according to law, should be done and performed, were duly done and performed by the said Returning Officer, and they were duly elected to bo members of the House of Repiesentatives for the said electoral district of Auckland City West. That your petitioner has never heard, nor has ho .my knowledge, that the said Sir Gcoigu Grey, K.C.B., did between the 22udday of December and the 2!)th day of December, 1875, lesign his .se.it as a duly elected member of tho House of Repicscnidiivcs for tho electoral distiict of Auckland City West. That in consequence of a writ, under the hand of his Excellency the Governor, having been addressed to the Returning Officer for the electoral distiict of Thames, ho did appoint Wednesday, the 20th day of December, 1870, to bo the day for the nomination of two duly qualified electors to bo the members of the House of Representative"! for tho electoral distiict of Thames. That in pursuance of such notice Sir George Grey, K.C.B., William Rowc, Sir Julius Vogel, K.C.M.G., Charles Fcatheistone Mitchell, Charles O'Neill, ■Samuel Stephenson, John Gibbons, Roboit Giaham, Augustus Clement Comes, John Lcydon, John Sheehnn, Alexander Biodie, William Carpenter, Henry Elraes Campbell, and your petitioner were duly nominated as candidates for election as members of the House of Representatives for the electoral district of Thames. That your pctititionor did then publicly on the-hustings state his belief thsit the said Sir George Grey, K.C.B., ' was ineligible for election, ho being aheady duly elected as a member of the House of Representatives for Auckland City West.' That as the said Sir George Grey, K.C.B., was not present at such nomination, your petitioner was of opinion that he might have been proposed as a candidate without his knowledge or consent. A poll having been demanded, the Returning Officer fixed the 9th day of January, 1876, for the polling oi votes. On the 30th day of December, 1875, the said Sir George Grey, K.C.B., well knowing that he was then a duly elected member of the House of Representatives for tho electoral district of Auckland City West, did, in a certain building known as the Theatre Royal, situated at Grahamstown, in the said eleotoral district of Thames, address a large number of the electors of that district, and announced that ho was then a candidate for election as a member of tne House of Representatives for the electoral dis tiict of Thames. Your petitioner, and several other persons who had been nominated as candidates for election, then retired from the contest. That on the 6th day of January, 1876, the polling of votes for the election of two members for the electoral district of Thames took placo at the principal polling place at Shortland, and tho polling places at Ohinemuri, Mercury Bay, Coromandel, and JIastin?a, wliich had been duly appointed to be polling places for the electoral district of Thames. The candidates then voted for were Sir George O'roy, K.C.B., William Rowo, Sir Julius Vogel, K.C.M.G., Charles Fcathersfcono Mitchell, Charlo O'Neill, Charles Stoplienson, and Augustus Clement Cornes. After the completion of the polling your petitioner lcceived information that Sir George Grey, K.O.B., and Mr. William Rowe had obtained a majority of votes, and would probably be declared by the Returning Officer to be duly elected. Your petitioner, then, deeming this to be an unlawful proceeding, did, on tho 7th day of January, 1876, hnnd to the Returning Officer a protest against the said Sir George Giey, K.C.B., being declared to be duly elected as a member of the House of Representatives for tho electoral distiict of Thames, in the words or to the effect following, viz. : — 'To tho Returning Officer of the electoral distiict of Thames, — I beg to protest against the return of Sir George Grey, K.C.B, of Kawau, freeholder, as a member of the House of Representatives for the electoi al district of Thames, on the ground that ho is not duly qualified or eligible for election, ho having been duly elected for the electoral district of Auckland City West, and now being one of the sitting members of the Houso of Representatives for that electoral district. I undei stand that by law a person sitting as a member for one electoral district cannot bo lawfully returned to bo a member for another district, unless he shall have previously resigned bis seat for tho first district, and Sir George Grey being now a member for Aucklimd City West, and. you boingrequired by law to return only duly qualified j>ersons to servo as members, I now protest against your endorsing the writ to the affect that Sir George Grey htiM been drily elected, tor the elecfcor.il district of Thames, ho not being a duly qualified person according to the moaning of the Act. — (Signed) JAlfES Maokay, jun., fieeholder, Huikaretu, B 1776.' That the Returning Officer, notwithstanding the protest so made by your petitioner, did, on the 11th day of January, 187G, declare the said Sir George Grey, K.C.B., to be duly elected to serve as one of the members of the House of Representatives for the electoral district of Thames. That your petitioner belioves that the return of the said (Mr George Grey, K.C.B., to be a member of the Houso of Representatives for the electoral distiict of Thames is unlawful and void ; and that a person duly elected as a member for one electoral district is not eligible to be elected ns a member for another olectornl district unless he shall have previously resigned his seat for tho district tor which ho was first elected. Your petitioner therefore most humbly prays that your honourable Houso will tako this petition into consideration, and that your honourablo House will inako inquiiy into all matter* and questions concerning the election of the said Sir George Grey, K.C.B., to be a member of the House of Representatives for tho electoral district of Thames in order that it may be known anil determined whether he, having been declared on tho 22nd day of December, 1875, to be duly elected as a member of the House of Representatives for the electoral district of Auckland City West could afterwards, on tho 29th day of December, 1875, be nominated, and on the 11th day of January, 1876, be declared to be duly and lawfully cleoted as a member of the House of Representatives for the eleotoral district of Thames. That the question as to whether Sir George Grey, K.C.B., has been duly elected as a member of tho House of Representatives for tho electoral district of Thames has caused much anxiety to your petitioner and to large numbers of tho electors of tho electoral district of Thames, and of the electors of the electoral district of Auckland City Wost— tho result being that one or other of those important electoral districts is at present not fully represented in the House of Representatives. Your petitioner, therefore, humbly prayeth that your honourablo House will declare the election of the said Sir George Grey, K.C.B., as a member of tho Houso of Representatives for the eleotoral district of Thames to be void, or will take such other steps as will determine the question, and afford to your petitioner and large numbers of tho

eloctois of Thames and Auckland City West districts such relief as you in your wisdom shall deem fit. — Aud your petitioner will ever pray, James Mack ay.