REASONS FOR THE RULING.

Northern Advocate, 8 May 1915, Page 4

REASONS FOR THE RULING.

Li-UJt'-LATIV}-: COUNCIL OFFER. Alter reviewing the Bay of Islands petition the Court said that the first question was whether the offer of a s.-at hi i.lm Lcg'slaiive CeicuA: was an ohence within the meaning of sub-sec-tion U of clause -10 of tiie Legislature Act, RffJS. A. seat in the Council carried wiih it the discharge of the highest public duties on behaif of the people cf tiie Dominion, and the-"Court considers that it comes within the deliiUnion of an offence. The evidence established thai respondent assured .Mr Johnson thai tiie offer had suflieieni basis of eerrtinty in it, so ilia; on the strength of it Mr Wilkinson could safely retire and not be disappointed. It was intended that this proposal should be as lirni and certain as respondent's alternative promise to retire. While the Court regarded these facts as sufficient to establish the offer of an office, it thought that if they did not reach that mark they upheld the promise to procure the office or to endeavour to procure it as fully as did the letter In the Wellington Suburbs election. By the assurance of a seat given by respondent there was at least an implied promise that he would' act in favour of getting it for Mr "Wilkinson. RESIGNATION UNDERTAKING. With respect to the second charge, founded on respondent's undertaking to resign at the end of twelve months, the Court regarded this as but part and parcel of one offer, not the subject of a distinct charge, and did not think this could he the basis of two distinct -charges of bribery. The Court therefore passed over this charge as included in the first charge. EXPENSES QUESTION. With regard to the charge made, of offering -Mr Wilkinson his expensfe*. ii' he -would retire, the Court considered this had not been established. It was true that. Jacentho made the offer, hut in the Court's opinion he did so without any authority, express or implied, emanating from respondent. The Court accepted respondent's word on this point and held the charge disproved. FI XAL FINDING. The judgment concluded: "We hold die first, charge proved, and determine and certify that the election of respondent to the House of Representatives by the poll on December 10, 1014, for the- Bay of Islands electoral district, was and is void." The Court remarked on the fact that all the witnesses, including respondent, gave their evidence frankly and fully. .The evidence of respondent himself left, an impitess-jm on' their Honours' minds that the candidate was not conscious that in what he did he was committing what the Court hold to be a breach of the law. The Court fixed the term of disqualification of respondent at one year. A certificate of indemnity will be given io Jacentho, Johnson and the respondent.