TRAMWAY POLL

Gisborne Times, Volume LXIV, Issue 10489, 14 October 1926, Page 6

TRAMWAY POLL

.PRELIMINARY POINTS

SETTLED

PETITIONERS’ LENGTHY EVI-

DENCH

RESPGNDEINTS’ WIN FIRST

ROUND

Forty-tAvo witnesses will have to be heard by the Magistrate, Mr EG. Levvey, S.M., in connection with the inquiry into the tramway poll, this course being ruled as _ necessary ;\y the Magistrate in deciding two preliminary points on which argument was heard this week. The hearing of tlie petitioners’ evidence will be commenced on Monday next. It will be recalled that the idea of a lowing preliminary legal argument vpuid enable tire Magistrate to determine whether or not the poll was valid. Counsel debated two issues. For the petitioners Mr Lysnar submitted that certain conditions precedent to the taking of the poll had not been complied with, wliile Mr Burnard for the respondents claimed that the requirements were not precedent to the taking of the poll, but precedent to the obtaining of a revoking order, and that these conditions had been carried out. On the second issue Mr Lysnar maintained the po.l had been taken under the wrong Act, while Mr Burnard submitted v.ns issue involved mixed facts and iaw, and that this point could) not be argued until evidence had been given.

Delivering his reserved decision on both issues yesterday morning, the Magistrate stated that the first of the legal points raised was that the poll was taken under the. wrong Act. On this point the Court was satisfied that there was no doubt that the poll must be held prior to the application for the Order-in-Councif to revoke the tramway lifting made in accordance with section 2.

Counsel for tlio petitioners, continued Mr Levvey, had' urged that the advertisements contained such insufficient and incomplete information as to be non-ccmpliant with the terms of the Act. There was no doubt that the original intention of the- Statute was primarily in. conjunction with orders for the construction of tramways, but as the Act ai so dealt with the revoking of existing services, it must also apply in that connection. He considered however, there was difficulty in applying the clauses of .the Act insofar as cancelling the license of existing services was concerned, and in practice and commonsense lie considered it was practically impossible to apply these subsections to the case that had arisen. On that ground the Court did not consider that the poll was invalid. in regard! to the other legal point of whether the poll was taken under the wrong Act, a different- position arose, said the Magistrate. The Court had come to the conclusion that a certain degree of fact was involved with legal argument-. Therefore, he reluctantly had to rule that argument on this point could not be heard until evidence had been heard.

Mr Lysnar stated lie had 42 witnesses to call, and it was agreed that the inquiry should be adjourned until Monday next at 10 a-.m. to low the summoning of these witnesses.