DISFRANCHISING TERRITORIALS

Evening Star, Issue 15478, 28 April 1914, Page 7

DISFRANCHISING TERRITORIALS

A LEGAL OPINION. fSescun zo xsm Stab.] TIMAKU, April 27. The action of the returning officer M Tlrnaru in establishing a polling booth at the Kowhai camp was the subject of * letter which was mentioned at the meeting of the - limara Borough Council tonight, the General Committee reporting that the letter had been read and noted. The letter, addressed by the borough solicitors (Messrs Perry and Kinnetney) to the returning officer, is as follows; In compliance with your instructions, we now advise on the following que*tioos;-“(!) la it lawful for the returning officer for the Borough of Timaru to establish a polling place at th* Kowhai camp or elsewhere outside flu limit* of the borough? (2) Are the expenses of the establishment of such polling places and taking polk thereat legally payable out of the borough fond*! In England it is provided by various statutes that all polling places mist be established within the limits of the district for which the poll is taken, but in this Dominion the law as to taking polk for local elections is different. Section 14 of the Local Elections and Polk Act. 1908, which provides for the establishment of polling booths by returning officers, does not contain any words indicating that such booths must be established only in the district lor which the poll is to be taken, and in this respect it differs from section 7, providing for the nomination of candidates at a place to be appointed by the returning officer “within the distrust.” Any doubt that might exist on the subject of the competency of the returning officer for local elections to appoint a polling place or places outside the district is, to our opinion, removed by clause (6) of section 7 of the Act, which provides that “no election shall be liable to be questioned by reason onlv that any nomination of candidates, taking of votes, or declaration of the poll has occurred at any place outside the district affected by such election, or that any polling place was appointed outside the said district, if such public office or polling place has been actually appointed.” We lures© with the view expressed by Mr Jollffe, the Crown Law Draftsman, to his work on ‘Local Government in Boroughs, and repeated in his work on 'Local Government in Counties,* that “section 7 contemplates and permit* the appointment of a polling place outside tbs district.” Even if in view of this provision it is considered that a doubt exists on the subject-, it Is, in our opinion, only right to give ft considerable body of electors at Kowhai camp an opportunity of voting rather than practically disfranchise them. The question of the validity of their votes can be decided afterwards, if anyone cares to raise the point, but unless their votes are taken there would be no opportunity of having it decided. In any case, the allowance or disallowance of th© vote* taken at the Kowhai camp cannot affect the validity of the ©lection. As we have said, however, 'we consider that polling booths can legally be appointed and votes taken outside the district. (2) It follows from what w© have stated that the expenses of establishing SUch polling booths and taking polk thereat are legally pay aok out of the borough funds.