NEWTOWN LOCAL OPTION POLL.

Mataura Ensign, Issue 1170, 16 April 1903, Page 2

NEWTOWN LOCAL OPTION POLL.

- w . LICENSES TO BB OBAHTED.

A deputation from the Newtown Pairmtlo League waited on the Premier at Wellington on Tuesday evening to atk that a tanner vote of (be people of that district might be taken on the local option question. The Premier, in reply, said be had pUoed tbe matter before the Solicitor-General. There were two questions-thai of taking a new poll and the possible action of the licensing sonmittee in refusing to grant licenses. Tbe Orown Law Offioer had advised that licenses could be granted and that tbe district now reverted to tbe position in which it stood before the original poll, which had been declared void, was taken. Than, as to taking a fresh poll under section 52 of the LJoMOog Act, 1881, tbe opinion given was that while, in a case of misenanoe or misadventure, the ' Governor-in-Council might authorise a new poll, in the present caw tbe poll had been duly taken and bad been declared void on tbe ground of oertain irregularities. These irregularities did not constitute a miscbanoe or misadventure within the meaning of the Act. They arose from • breach of tbe provisions of the Act, whereas mischance or misadventure meant accident, suoh as tbe destruction of a polling place at tbe last moment, loss of ballot papers, or anything of that kind. Moreover, section 62 had been impliedly repealed by the Act of 1895, which specially directed that the ■ poll Bbould be taken simultaneously with tat fl general election poll. Further, there was no fl statutory machinery for taking a second pott. H The plain intention of tbe Legislature in subsection 4 of section 8 of the Act of 1895 was that if no proposals were carried the oommlt- ■ tee was to be notified and the licenses mast fl continue as they were. "In my opinion," H continued the legal adviser, " this oovers a S void poll, for the plain result of voiding Is ■ that none of the proposals have been carried. M The Premier went on to remark that Parlla- fl ment, in passing laws, ought to perfect them; ■ that It should not be within the power of individual, either by negligonoe or wilful to thwart the will of the people. He th«tlH| read two other legal opinions upon a point """■ frequently raised of late, vis., that prohibi- 1 tion must follow in the event of a poll being 1 declared vbid. Both opinions were to the I effect that there was nothing in the oonten- J