LOCAL OPTION POLL.

Marlborough Express, Volume XXXVII, Issue 87, 15 April 1903, Page 3

LOCAL OPTION POLL.

THE POSITION AT NEWTOWN.

Press Association. Electric Telegraph

Copyright.

Wellington, April 14.

A deputation representing the Newtown Patriotic League waited on the Premier this evening to ask that a farther vote of the people of that district be taken on the local option question, in order that the wish of the people of that district might be given effect to. * .-,,,, The Premier, in reply, said he had claced the matter before the SolicitorGeneral. There were two questions —that of taking a new poll, and the possible action of the Licensing Committee in refusing to grant licenses. The Crown law office had advised that licenses could be granted, and that the district now reverted to the position in which it stood before the original poll, which had been declared void, was taken. Then, as to taking a fresh poll under section 52 of the Licensing Act., 1881, the opinion given was that, while in the case of mischance or misadventure the Governor-in-Corineil might authorise a new poll, in the present case the poll had been duly taken, and had been declared void on the ground of certain irregularities. These irregularities did not constitute a mischance or misadventure wifchin'the meaning of the Act; they arose from a breach of the provisions of the Act, whereas mischance or misadventure meant accident, such as the destruction of the polling piaco at last moment, the loss of ballot papers, or anything of that kind. Moreover, section 52 had been impliedly repealed by tho Act of 1895, which specially directed that a poll should be taken simultaneously with the general election poll. Further, there was no statutory machinery for taking a second poll. The plain intention of the legislature in' sub section 4 of section 8 of the Act of 1895, was that if none of the proposals were carried, the Committee was to be notified and the licenses must continue as they were, "In my opinion," continued the legal adviser, " this covers a void poll, for the plain result of voiding is that none of the proposals lave been carried." The Premier went on to remark that Parliament m passing laws ought to see and perfect them, that it should not be withm the power of the individual, either through negligence or a wilful act to thwart the will of the people. He then read two other lef>al opinions upon the point, frequently raised of lito, that prohibition must follow in the event of the poll being declared void. Both opinions were to the effect that there was nothing in this contention.