PROHIBITION AT NEWTOWN.

New Zealand Times, Volume LXXIV, Issue 4882, 6 February 1903, Page 3

PROHIBITION AT NEWTOWN.

THE ENQUIRY AGAIN ADJOURNED. A POINT FOR THE SUPREME COURT. Tiio inquiry into tlio Newtown licensing poll was resumed before Dr -McArtliur, S.M., yesterday. Messrs Skcrrett and Levi appeared for the petitioners and Messrs Dell ana Atkinson appeared on behalf of certain electors. Mr Skcrrett called F. W. Mansfield, Registrar of Electors, who gavo fuller particulars of oho circumstances under which the elector Thomson was struck off tho roll. Witness admitted that adieu him Representation Commissioners altered the boundaries, Thom.-mTs name was first placed on tho Newtown roil, but bo afterwards bad it removed, because bo discovered Olio elector in question and a Frederick William Thomson on the city roll were identical. Later witness ascertained tfiab there wore two' William Thomsons. Tho fact that the family with whom Thomson was residing had removed to the city also served to convince) witness that his namo should not, appear on the Newtown “list.” In tiie course of cross-examination by Mr Atkinson, witness said lie. bad not notified Thomson that his name had been struck off the. mil. because ho deemed ids a special case. Mr Atkinson made an application to be allowed to call witnesses later on for t he purpose of adducing evidence bearing on tho scrutiny. Mr Skcrrett said iio was desirous of ■having tho scrutiny proceeded with at once, and* would give Ids learned friend every opportunity to call evidence. Mr Atkinson: I may intimate wo intend to get tho opinion of tho Supremo Court regarding tho scrutiny. His Worship: Yes, but why should that prevent ns going on? Mr Atkinson: Certainly; wo wish to prohibit. His Worship: I don’t say I am going to open the votes before yon get tho opinion of the Supremo Court. Mr Skcrrett said ho intended to ask that tho .scrutiny bo gone on with at once. His Worship replied that lie was going on, subject to tho Supremo Conirt stopping him. Mr Atkinson, after stating that tho intervention of tho Supreme Court would be sought, called Walter Collier Cuff, who gave further evidence regarding his daughter's movements, when her namo was struck off In© roll. Purcell. compositor, Hayes street, gave evidence that bo wont to Brooklyn about the 11th August. He voted at tho general election. Ciws-examinocl by Mr Skerrett; Witness had resided in Hardware street from April up to tho time ho went to Haves streetMr Skcrrett: Hardware street is in Newtown. I don’t think you need to bother yourself any more. Witness (continuing), said las wife also resided there. This concluded tho evidence called in opposition to tho petition, and Mr Skerrett formally applied for tho scrutiny. Mr Bell asked that the two other points bo decided hy his Worship first. After investigating the single votes ho would ask whether a person who was entitled to vote, and had his name properly enrolled, was disentitled to vote because his application had been made too soon. Mr Skerrett said his learned friend was requesting his Worship to adopt quite a. different course now. Because tho decision regarding tho scrutiny had been an adverse ono for him, ho now desired that tho other points should be settled first. It was part of his (Mr Skerrett’s) case that there should bo a scrutiny, and ho could not conclude without it. Suppose for instance that, from his point of view, tho scrutiny was uiceessfrd. it might be wholly and entirely unnecessary to proceed with the other brandies of the case. In regard to irregularities, a great deal of difficulty might be made if it was found tho poll was close—one vote would make a great difference. If his Worship failed to grant counsel’s request ho might he arguing points which were entirely unnecessary, and it was found the result was equal, then ho submitted sufficient irregularities had been proved to have the poll declared void. He asked why ins Worship should deprive him of what was his right. Dr McArthur: I don’t wish to deprive you of what is your right. Mr Skerrett (continuing) said his Worship should not he obliged to give a decision unless the whole case was before him. After a considerable amnnmt of discussion, Mr 801 l said he would like to have his Worship’s opinion on tho case of a person who was of ago ml ion ho voted and whon tho writs wore issued, hut was not of ago when ho signed Ids application form? Ho wished to know if his Worship was entitled to open that ballot paper, as it was necessary that the point fihold bo decided. Air Skerrett saw no reason why such votes should not bo disallowed. Sections 2G, 30 and 40 dealt with tho matter. Counsel quoted from the sections in question in proof of his contention, and stated that section 40 also had bearing on the point. Tho last-named section provided that the Registrar had to assure himself of tho right of tho voter to have his name placed on the roll. Tho Registrar had never exercised any powers under this section. Voters had been placed on the roll by virtue of an informal and improper application, whon not entitled to be registered. It might as well bo contended that a person who ought to have been on the roll, but urns not, should bo treated as if ho was on tho roll. Ho submitted that tho votes should bo struck off. Air Levi followed in a similar strain. Air Bell, in the course of his reply, said Air Levi had very properly and candidly admitted that if a voter was struck off tho roll Ids vote was disallowed for all time. Air Bell, after quoting from authorities, asked if it was not a most extraordinary tiling to say that a man who was not entitled to vote, but whose' name was on the roil, should have Ids vote allowed, because ho personally applied to be enrolled. Air Atkinson, in supplementing what Air Bell had said, stated that the franchise was not a privilege. His Worship: You mean it is a twofold duty on the part of tho elector himself and tho Registrar to see that a name is on the roll. ’ Air Atkinson; Yes; it is the policy of tho Act to have all adult persons placed on the roll. • His Worship, in giving his decision on the point raised, said that an application for enrolment was subject to certain conditions: that the applicant must be of ape at tho time ho made tho declaration. He did not see how any wrong could mature into a right,

and in tho ease of those voters who were under ago when they had signed their application for enrolment, he would certainly cast their ballot-papers aside. The same tiling would apply to those voles, which were irregular hy reason of the residential clauses in the Act. Tim motion to prohibit IHe scrutiny pending in I lie. Supreme Court stopped llio proceedings at this stage. Mr Hell said if tiie case was adjourned to Aionday they would probably he able to get two Judges to adjudicate cm the point. After a consul tat ion it was agreed to adjourn tho case till .Monday.