STRATFORD PETITION

New Zealand Times, Volume XLVI, Issue 10540, 17 March 1920, Page 5

STRATFORD PETITION

FURTHER EVIDENCE RESPONDENT'S CASE OPENS. "FLIMSY GROUNDS OF THE CHARGE." (By Telegraph—Special to "Times.") ; STRATFORD," March 16. i The hearing of the elecition petition against the return of Mr Robert Masters as member for Stratford was continued before the Chief Justice and Mr Justice Chapman at Stratford today. The petitioners . were "William Home HorgreaTos Young, George Hall, and John Bird Hine. On the court resuming this morn-, ing, much time was 1 occupied in argument regarding a further scrutiny. Mr Myers asked for a scrutiny, but Sir Robeiib Stout contended tha* the .scrutiny .asked* for, of the counterfoils of the ballot papers, would not proved Mr Myers's case. The court will give its decision la* ter on the point. ' A list of sixteen persons was then put in who had admitted being aliens. An officer of the Government Statistician's Department a-fc Opunako then produced record cards proving that some voters who voted were ajaens. .' EXAMINATION OF' COUNTERFOILS.

Resuming after lunch, Sir Robert Stout announced that tfche Bench had decided to allow the examination oi counterfoils by the returning office! and the registrar of the court, each party to have a representative _ present." The Object of the examination was to see what counterfoils did not bear a number. „ This did '• not mean that tihe books in which there were counterfoils without numbers would be. rejected. The examination was for the purpose of having information available when there was legal argument on the matter. j The examination was then proeeeded with. Mr Myers proceeded, witih the examination of the witnesses whom 1 it was claimed were aliens, and voted improperly, and 'then closed the case, i RESPONDENT'S CASE OPENS, ; Sir John Findlay's case opened with an examination as regards aliens and parsons not resident in the electorate or resident for an insufficient time. * Sir John Findlay said the time had •come when there should be uniformity in respect of proceedings for naturalisation. One witness who claimed' British nationality said he had been two years in the Kansas Legislature, 5 U.S.A., without being an American d. tizen, and without the question of na-; turalieation being '• raised. One woman seemed under the impression that her husband had gained naturalisation through having 6erved witia" settlers who took up arms at the time of the Parihaka raid.

Opening his case after lunch, Sii John Findlay said that petitioner's case rested on three grounds, corrupt or illegal practices, impeachment «6 votes by persona, not eligible, irregularities for which respondent was not ■responsible. In the first ground thej I relied on the supply of free picture? and music at the King's cinema. Thif was alleged to be bribery and corrupl I practice under the Act. To prove bribery it was necessary to prove valu; ! able,*,Cprisi<ieration given to influence i votes in a certain direction. It was alleged that free pictures and music were a valuable consideration. Respondent's reply was that, even if he supplied pictures and music, it was not a corrupt practice. In the Wairau case it was held to make treating a corrupt practice. It was necessary to prove corrupt intention if an indigent voter were supplied with J meals which he otherwise could -not 'get, then it was corrupt practice, hxii a small amount of drink supplied to a man in good circumstances would not be corrupt. WAIRAU. CASE QUOTED. In the Wairau case treating urew proved in two instances ; but there had already been twenty-eight and two instances could not be called part of the system. The Bench in the Wairau case said New Zealand electors were generally independent, and could not be supposed to be influenced by a few drinks in casting votes. Theii Honours, held that in • the circumstances before a charge was sustained there should 'bo evidence similar to that required in a criminal trial. If there was any doubt, accused should have the benefit of it: thrempMoe a .votei Counsel drew attention to the heavj punishments provided and the flimsj grounds of the present charge. The "valuable consideration'' worked out at about threepence per head. it was absurd to suggest that independent electors would be influenced by threepence worth of pictures. If threepence worth of .pictures would influence vote 6, it led to interesting conjectures as- to what would influence votes. If Major Bine had called a meeting of ladies, and appeared in full regimentals, and with all his medals, would not that corrupt these electore more than three penn'orth of pictures. Mr Myers: No decent man would.do it.

Mr Myers had asked, continued Sir John I'indlay, if Mr Masters's actios ■was legal, why a candidate should not give entertainment nightly. That •would be systematic, and -would be illega). An action done once only could not be held to be systematic. Counsel quoted a case in which the chairman paying. for drinks for those present at a meeting was justified on the tscore of custom, but the Bench in that case said that custom could not be pleaded•' too far, else bribery itself might be 60 justified. Counsel held that in supplying pictures Mr Masters had not the absurd idea, of in.fluencing votes, but of getting peoplo to his meeting. Before he secured the King's cinema, Mr Masters knowthat Mr Hino had pencilled the Town Hall, and that there was no other hall available. This explained Mr Masters's anxiety to secure tho King's cinema. Mr .Hine was not in the position ho alleged, and he could have spoken at the Town Hall, and those who went to the King's cmeraa to eeo pictures could have adjourned to the Town Hall when the. pictures, were Counsel asked the court if the valuable consideration sought to bo proved •would justify, the heavy ..punishments provided in the Act. Counsel held that the payment by Mr Masters for tho pictures could not be held .as payment for promoting his • election, and even if it were it would come under schedule 5, under the headL of expenses of holding meetings. Tha j#y«

menfc Mr Masters mado for pictures and music was necessary in order for him to secure the King's cinema, and, therefore, it was part of the cxponso of holding the meeting. Thus it cam* under tho clause allowing £25 for miscellaneous matters. ALLEGED IRREGULARITIES OF POLL CLERKS.

Tho idea that tho election could bo upset by reason of tho irregularities of i poll clerks had never been accepted in New Zealand even beforo it becamo law. Counsel said that if experienced returning officers were asked they would say that no election was held, no mat- ' tcr how much care was displayed, but what such irregularities occurred. Ono Df tho most common irregularities was to fail to put tho roll number on coun- : i.o.i. The only reason tor nutting the number on tho counterfoil was in order to identify the ballot-paper. Beaftuso the. roll number had not been nit on tho counterfoil petitioners wanted the election upset. If this was upheld counsel ventured to say that no election in Now Zealand would stand. It was complained that some papers , cot the official stamp, but legislation had been passed validating such votes, if the returning officer wore satisfied that papers had been issuod by the de-puty-returning officer; and Mr Myers's ; own witness (Mr Purcell, the returning officer) had given evidence that he . was satisfied that all the papers at tho election had been properly issued by " deputies. As to tho papers in ballot- \ boxes exceeding the number of namos . (struck off tho roll tho Legislature con- . templated that because of soldiers' votes and declaratory votes when there was no name to strike off. Experience had proved that the omission . to strike a name off was so common ♦■hat legislation was provided to cover :it. r" CLEAN-HANDED AND ABOVE 5 BOARD. Counsel held that no election had ;'been fought in New Zealand more ■ olean-liamiod and: above board than ; the last Stratford election. Mr Hine : had searched all Mr Masters's actions, and the present grounds were all he could find. The mountain had labour•ed and brought forth a contemptible mouse—a vcontemptible mouse of three- ; pennyworth of pictures —a contemptiole [mouse of fifteen shillings divided between three musicians. Counsel said {that in the heat and excitement of the 'election campaign small breaches of ; electoral law were inevitable when a. candidate was responsible for tho actions of members of his committee who 'might not be familiar with the law. \, Mr Myers: Probably you can 6peak ( from experience. Sir John Findlay: Probably bo. The ; Bvidence would show, said counsel, that : the orchestra at the Town Hall meeting had first proposad to play for no- , thing.

; More important evidence for respon. i.denfc wijl be given to-morrow.