THE The Grey River Argus. PUBLISHED DAILY. SATURDAY, FEBRUARY 15, 1879.

Grey River Argus, Volume XXII, Issue 3276, 15 February 1879, Page 2

THE The Grey River Argus. PUBLISHED DAILY. SATURDAY, FEBRUARY 15, 1879.

It will be remembered that at the last election of County Chairman two of the candidates between whom the election hung voted for themselves, the successful candidate, Mr A. R. Guinness, being literally returned by his own vote. At the same time there was an expression of opinion outside that in voting for himself each candidate had committed a breach of the Counties Act, in having taken part and voted upon a matter in which he was personally interested, and had, in consequence made himself liable to the penalty provided by the Act. We pointed out, however, in these columns that the disqualifying section of the Act could not, and was not, intended to apply to the election of Chairman, as that was a matter in the ordinary business of the Council, and in which the self-interest was merged in the common interest which the public would feel on a subject such as this. The opinion we expressed haa now been confirmed by court of law for the first time, and this decision will set at rest any further doubts on ihe question. At the Resident Magistrate's Court, Palmerston, on the 7th inst, Mr Wm. Green, a member of the Waikouaiti County Council, was charged, on the information of a ratepayer, that he "on the 2nd day of December, 1878, then being a member of the County Council of the County of Waikouati, and a nominated candidate for the office of Chairman of the said County, knowingly voted upon a matter in which he was directly interested, to wit, the election of a Chairman for the said County, such Chairman being deemed by him, the said Wm. Green, to be then entitled to an allowance of Ll5O per annum, contrary to the 75th section of the Counties Act. " This section reads as follows: — "No Councillor shall vote or take any part in the discussion of any matter before the Council in which he ha 3 directly or indirectly, by himself or his partners, any interest apart from, or any interest in common with the public ; and any Councillor who knowingly offends against this section shall be liable to a penalty not exceeding L5O for any such offence ; and on being convicted his seat shall become vacant." The facts of the case were stated by the counsel for the prosecution as follows : — At the first meeting after the constitution of the' County in January, 1877, Mr Green was elected Chairman of the Council, and a salary was voted to him of Ll5O per annum. At the last election six members were present, and there was a contest for the Chairmanship — Messrs Green and MacKenzie being nominated. Three, including the candidate, voted for Mr Green, and three, including the candidate, for Mr MacKenzie. Mr Green, holding office until the new Chairman was elected, exercised his casting vote in that capacity, and voted for his own election. There was no new vote as to salary, and Mr Green continued to draw at the rate of Ll5O up to 31st December, 1878, and in consequence of so doing the present charge had arisen. The Court was asked to presume from the facts of the case that Mr Green knew the Chair- > man was entitled to Ll5O a year, and that when he voted he contemplated a pecuniary interest arising out of hie vote. It was contended by the prosecution that in this way he was directly interested within the meaning of the Act. The facts having been duly proved by the County Clerk, and some preliminary objections having been raised by the counsel for the defence, the real question was argued whether in voting as he had Mr Green had conrmitted an offence contemplated by the Act. Mr Haggitt contended that the Legislature had not intended to debar a member from voting on a question of his own election as Chairman, as if so, the present information might have well been laid under section 62 of the Act, which provided that any person holding any office or place of profit under or in the gift of the Council, should be incapable of being a Councillor. If this language was strictly interpreted, then there could te no County Chairman. He submitted finally that in voting for himself as Chairman, Mr Green legally exercised his right as a Councillor, and further that if, in the language of the information, "voting upon a matter in which he was directly interested, to wit the election of Chairman," was not an offence, then deeming it to be an office worth ,£l5O a year did not make his act criminal. The Magistrate said, taking the matter in its strongest light as against Green, supposing he thought himself entitled to a salary of .£l5O, and if he had voted for himself solely to receive the benefit of the i>l so, while the mere act of voting himself Chairman was not illegal or criminal, how could it be made criminal by any belief of Mr Green ? He was of opinion that Mr Green could be held to have no interest, in the meaning of the section, in voting for the election of Chairman, and the information must be dismissed. This decision will, no doubt, be regarded as a precedent in any similar cases. The clause of the Act under which the information was laid was intended for a very different purpose; it was to

disqualify and punish those who in their places in Council vote corruptly in regard to contracts and things of that kind. Probably it is a fortunate thing that no one thought ifc worth while to apply the Act to some of the members of the late Grey Council, for we fancy it would have gone rather hard with them had the Jaw been set in motion.