LABOR VICTORY

Evening Star, Issue 19197, 13 March 1926, Page 6

LABOR VICTORY

MR iraHS RETURNED LYTTELTOR CASE WIIOUE [Pee United Peebs Association.] CHRISTCHURCH, March 13. Tho Electoral Court decided that Mr M'Combs wins the Lyttelton scat with a majority of eleven votes. The figures given by the court are M'Combs 4,900 Lyons ... ••• 4,889 Interviewed later, Mr M'Combs said: “I have known all along that, even with the loss of tho seamen’s votes, I had a majority of those who voted and a majority of. those who were legally entitled to vote.” Mr Lyons said: ‘‘l will be there again in three years’ time, and much better known ”• THE JUDGMENT The court in its judgment said that it considered tho nine cases in which the petitioner objected to the votes of persons on the ground of their not being entitled to be enrolled as electors. These were admitted by respondent, and therefore rejected. Petitioner offered proof of illegal enrolment in six other cases. Four of these votes would be rejected. The court held that tho case of a probationer nurse was distinguishable from that of a medical student, and that her place of residence was the hospital, not Lyttelton, Respondent lodged objection to fourteen votes, but offered no evidence in regard to nine. The other live -were admitted by petitioner, and the votes w r ere rejected. Tho court also examined the votes recorded by moans of a cross, and held that these were irregularly rejected by the magistrate, and must bo allowed. The court-gave indemnity to witnesses, and ordered that respondent must pay petitioner’s costs as on a claim for £5Ol. UHPfIEGEDEHTED REVERSAL The Lyttelton case stands unique in the history of New Zealand politics, as it is the first occasion in which an Electoral Court has unseated the candidate docUred elected after the magisterial recount and given tho seat to another candidate without recourse to a fresh election. [The return of Mr M'Combs makes the state of parties (apart from the Government) ;—Nationalist audL'beral, 12; Labor also 12. J