LYTTELTON SEAT

Evening Star, Issue 19196, 12 March 1926, Page 6

LYTTELTON SEAT

WCOKB'S PETITION HEARING COMMENCED [Per United Press Association.] CHRISTCHURCH, March 12. The Electoral Court began the hearing of the petition of .Tames M‘Combs against the return of M. E. Lyons as member for Lyttelton. The petition of M'Combs prays that the ballot papers he subjected to a further recount, and that petitioner be declared duly elected, inasmuch as a majority of the valid votes were cast in his favor. Harold Wilson Harris, surveyor, gave evidence that certain houses were really in Ellesmere electorate, not in Lyttelton. Mr Donnelly, who represented Lyons, said he had proposed to arrange with his learned friend for admissions from both sides, but lie now understood the matter was one of proof. _ Mr Justice Stringer said the circumstances in the Westland petition were different. ir'Comhs objected to the votes of nineteen people on the groud that they were not residents of Lyttelton. He also claimed certain votes that had been disallowed because the voters had made incorrect marks. Respondent made similar claims. After an adjournment it was announced that certain admissions and abandonments had been made by both sides. The result would be that nine witnesses would bo called by petitioner, and none by respondent. After evidence had been given Mr Donnelly said the disputed votes of a hospital nurse and a school teacher came within the enabling provision defined in the court’s judgment in Westland, the case in regard to on elector' who periodically returned to his home. Mr Justice Ostler: There might be a distinction between a person who goes out to work and a student.

Sir O’Regan pointed out that the rules of the hospital said that a nurse must reside on the premises. The court adjourned at 12.30, and its decision is expected at 4 p.m.