HAWKE'S BAY HERALD TUESDAY, NOVEMBER 18, 1862.

Hawke's Bay Herald, Volume 6, Issue 335, 18 November 1862, Page 2

HAWKE'S BAY HERALD TUESDAY, NOVEMBER 18, 1862.

Now that another general election for the Provincial Council may be looked forward to as one of the events of the next three months, the fact is painfully recalled to our notice that all the new claims sent in during the first three months of the present year, have been disallowed ; and that, in consequence, 34 persons for the district of Napier and 32 for that of Clive, have been deprived of a vote for a particular district, if not altogether disfranchised. This state of things is the more to be regretted from the fact that, amongst the number of electors thus summarily disqualified, there are some who would, otherwise, have been candidates for a seat in the Provincial Council — most likely with a successful result. j Our readers are already aware of the grounds upon which Mr. Hart, the Revising officer, came to a decision which has so materially affected the political privileges of the residents of Hawke's Bay. The new claims were sent in upon a form printed at this office, which form was printed in accordance with the schedule of the " Registration of Electors Act, 1858." It had altogether escaped the notice of the printer, as it probably did that of most people, that in an amended Act passed in 1861 (a copy of which, indeed, we never saw) the word "truly" was interpolated in the declaration of particulars. The omission of that single word wrought the whole mischief. Mr. Hart states that he consulted the Law Officers of the Colony and that they agreed with him that the omission was fatal to the validity of the document. Hence the disallowance of the new claims. But the question will naturally arise, — Was this in reality a fatal flaw in the claim ? We believe, in reply, that it was fatal only on account of Mr. Hart having held the Revision Court at Wellington. That gentleman had publicly notified that the court would sit at Napier on the 19th July ; meanwhile, the White Swan, by which opportunity he intended to visit the province, was lost, and, Mr. Hart beiug physically unequal to the performance of the overland journey, he issued a counter announcement to the effect that the sittings would take place in Wellington on the 31st. There they did take place ; no one attended ; and it required no prophet to foretell the result. But had Mr. Hart j held his court at Napier (as he was bound to do in justice to the interests of the electors) the case would have been very \ different. Under the 22nd clause of the Act of 1858 it is provided that "matter omitted or insufficiently described" may be supplied to the satisfaction of the Revising Officer, But Mr. Hart's arrange- ! ments wholly precluded the possibility of this being done. His amended notices reached Napier by the overland mail on the 25th July ; they appeared in the Herald of the next ( Saturday ) morning ; and the court was held in Wellington on the Thursday following ! The mention of these dates reminds us, by the way, that the whole proceeding is of questionable legality, seeing that Jive days' notice, instead of Jtjteen as required by the 19th clause of the Act, was all that was given to the electors specially interested. We would not be understood as wishing to cast reflections upon Mr. Hart. Disappointed in the first place through the loss of the White Swan, his engagements at Wanganui and elsewhere may have operated in compelling him to follow the course he adopted — seeing, it should also be remembered, that the work of revision must be completed before the 31st August. We have too high an opinion, of Mr. Hart as an able and an honest man,- evinced during the. period that he held the office of District Judge, to believe that he would do other, under any circumstances, than act conscientiously. But we think that the appointmeut of Revising Officer for this District should be at once conferred upon some gentleman resident within the pi'ovince ; for it is perfectly evident that the responsible duty of revising the electoral rolls can not be efficiently performed by a Wellington man, how able or conscientious soever he may be.