WAIKATO DISTRICT NEWS.

New Zealand Herald, Volume XXI, Issue 6997, 21 April 1884, Page 6

WAIKATO DISTRICT NEWS.

[fbom our own cobbespondejts.] Cambridge, Friday. The case heard yesterday at the Resident Magistrate's Court, with the object of up. setting the late licensing election at Cambridge West, is one of general interest, and the first tried on the same grounds. 16 waa proved and admitted that a large number of voting papers put in by the temperance party contained the names of four candidates only uncancelled. Two points of law were, however, raised and discussed, and on theje the Court reserved its judgment. The one was, that having brought forward their applications under the 3rd section of the disqualifying clauses of the Regulation of Local Elections Act, which refers to cases in which those not entitled to do so have voted. Mr. Campbell, for the defence, when the opposing solicitor, Mr. Hay, en* deavoured to show that several nf the voting papers had only four names uncancelled, objected.that, having rested his case on the third section, Mr. Hay waa barred from raising that question ; that section 3 referred only to the question of a ratepayer's personal claim to vote,' and not to t-ie manner of his voting; that Iwhen he received the ballot paper from the retnrning officer his right was established. . On the other hand Mr. Hay contended that when he received the ballot paper he only proposed to vote, and the vote was not completed until the ballot paper had been received and scrutinised, and that therefore if a voter was bound to leave five names uncancelled and left only four he rendered himself in doing so. liable to this clause as having done what disentitled hia to vote: The second question, whether a voter must vote for five candidates, neither more nor less, was discussed, Mr. Hay relying upon tie signification of the word "only." That "he shall leave uncancelled the names of five candidates only," as stated in the schedule to the Adt, , meant the exact number (5), and that the word " only," as he showed by the dictionary, meant j "singly," "merely," "this and no other." He' argued that if the Legislature had in* tended a man might vote foe a less number than 5, the words used would have been "not more than 5." Mr. Campbell argued the absurdity of supposing that a man should be compelled to vote for others than he approved of, instancing a case where, out of eight candidates for a licensing Committee, six might hold direct contrary views to the voters ; yet the latter would thus be compelled to assist in returning five men, three of whom, an actual majority, would be opposed to his views. The arguments of counsel occupied the Court for aeveralhours, and Mr. Northcroft said that, as it was .the first case of the kind, and there was ho appeal, he would reserve his decision to Friday next, at Hamilton: The effect of the petitioners gaining their case would be to have the voting papers, which were produced and received in evidence by the Court, reviewed by the Resident Magistrate, and Returning .Officer, and such votes struck out as were recorded for less than fife csndidates. The persons then having the greatest number of votes would be declared elected.