THE OTAGO DAILY TIMES THURSDAY, APRIL 30, 1903. THE MUNICIPAL ELECTIONS.

Otago Daily Times, Issue 12650, 30 April 1903, Page 6

THE OTAGO DAILY TIMES THURSDAY, APRIL 30, 1903. THE MUNICIPAL ELECTIONS.

Public expectation lias undoubtedly been realised in the election of Mr Thomas Scott as Mayor of the City of Dimedm for the ensuing term by an overwhelming majority. His opponent was personally unexceptionable, but the greater length of municipal' service which Mr Scott lias behind him, and tho extent and quality of tho exertions he has put forward in the interests of the electors, constituted a olaim on his behalf for thoir support which they could not reasonably ignore. The public is not always unmindful of tho services of those who do its work on local bodies, and in tho absence of any feature of a disqualifying character about Mr Scott's life or candidature— and Mr Maitland did not suggest that his hopes of success were based upon any demerits in his opponent—it would really have amounted to an act of ingratitude on the part of the electors if, after the extremely arduous labours of Mr Scott in the City Council in the past three years, and particularly after the unceasing attention devoted by him in the past two years to tramway affairs, they had rejected him when, in competition with a candidate who was imablo to advance as strong titles to their support, he appealed to them for such a recognition of his services as it was in their power, in choosing their Mayor, to bestow upon him. In the zeal lie has/displayed in the past in watching over their interests the citizens have a substantial guarantee that Mr Scott, whom wo havo pleasure in congratulating upon his receipt of a well-merited honour, will prove an active and useful Mayor, It will be to some extent helpful to him in the performance of the duties of his important office that he will be surrounded practically by the same Council as that with which ho has been associated for the past two years. Somewhat regrettable though it was that a larger number of electors did not offer themselves as candidates in the various wards, there is obviously a certain advantage in the- fact that the bulk of the members in the new Council occupied seats in the old Council, and that consequently a continuity of policy is assured. It is perhaps unfortunate that Mr Maitland, through contesting the mayoralty, should have sacrificed his seat in the Council, and the decision of Mr Park, upon tho expiration of his mayoral term, to retire from municipal

politics for two or three years temporarily deprives tlio .community of the services of an able and indefatigable) citizen. Wo trust, however, that tlio gaps caused in the Council by their disappearance from its table will be suitably filled by the gentlemen who, as the result of yesterday's polling, enter the Council for tlio first time. The new councillors will have the benefit of the experience and advice of colleagues who have a more or less thorough grasp of municipal affairs, somo of them having, indeed, been honoured for many years with the confidence of the community; and though wo can hardly profess to bo sanguine on the matter, it may prove that the new civic representatives are in every instance quite as capable and trustworthy men as those whom they succeed. The interest that was manifested in the elections was more general than, at the time of the nominations, there was much reason to hope it .would be. . This circumstance was probably due to the vigorous contest that was fought in Leitli Ward and tho less strenuous but still fairly keen competition that took place in High Ward. In each of-these wards the election of one new councillor was inevitable, but the interest in Lnith Ward was heightened from the fact that an apparently determined effort was made to oust Councillor Lawrence. That attempt, we are glad to say, signally failed. Councillor Lawrence confessedly has certain faults of manner. Ho lias a blunt style with him, which is, however, frequently found in combination with the most perfect straightforwardness, and he is not blessed with a large amount ef tact. But he has shown himself to be invaluable in the capacity—as he would, perhaps, himself say—of a municipal "watchdog," and the good work he has done would have been exceedingly ill requited if he had been rejected.

THE CHALMERS LICENSING CASE. A perusal of the judgments delivered in tho Court of Appeal in the Chalmers licensing case brings inte powerful relief the nicety of the point that had to be decided. The petition for an inquiry into the validity of the local option poll in the Chalmers district was addressed to Mr Graham, S.M. As Mr Graham had been appointed by the Department of Justice as chairman ex officio ef the Chalmers Licensing Committee, and as tho ex pfficio. chairman of a licensing district must be a stipendiary magistrate exercising jurisdiction in the district, the petitioners were, it will occur to most persons, prima facie justified in assuming that ho was the magistrate to whom they should appropriately apply for redress. But it is provided in "The Regulation of Local Elections Act, 187G," which is the Act that applies to the circumstances, that, in the case of a disputed election, the petition for an inquiry shall be filed "in any Resident Magistrate's Court in the district," and that " ths resident magistrate of fcuch Court" shall hold tho inquiry; and tho persons desirous of . defending the validity of the' poll seized upon this fact as a- preliminary and fatal objection to tlio petition, Mr Graham, they said, is not the magistrate of the Court at Port Chalmers in which the petition was lodged: Mr Carew is . tho magistrate, and when Mr Graham sits, as occasionally happens,' it is by agreement with Mr Carew that he does so. In 1893, however, the law relating to magistrates was altered. Magistrates who previously were "resident" then became "stipendiary" magistrates. Instead of being appointed for particular districts they were appointed for the whole colony. But the law still contained provisions that seemed to recognise a quasi-local jurisdiction. And it was herein that the principal difficulty in satisfactorily settling tho Chalmers case lay. ■ Mr Justice Williams held, when.the question camo before him for deoieien, that the reference to the magistrate "of such Court" was to the magistrate who usually presides in the Court, and it was clear, lie said, upon the'application of that interpretation, that Mr Carew, and not Mr Graham, was the magistrate on whom jurisdiction in the Chalmers licensing district was conferred. In the Appeal Court this view was upheld by the Chief Justice, Mr Justice Conolly, and Mr Justice. Cooper. They are of opinion, their joint judgment states, that there are sections of the Act of 1893 that point out a particular magistrate as the magistrate whose duty it is to exercise the statutory jurisdiction of hearing the petition, and that he is the person who "usually exercises" jurisdiction aij Port Chalmers. Mr Justice Denniston and Mr Justioe Edwards, on the other hand, express opinions directly opposed to this. "Territorial jurisdiction," Sir Justice 'Denniston says, "has been abolished," and lie considers that every stipendiary magistrate is da juro a Magistrate of every Magistrate's Court in the colony. Mr Justice Edwards, finding that, by the law passed in 1893, the local jurisdiction of the Magistrates' Courts and of- the magistrates, as it existed under the Act of 1867, was swept away, holds that there is but one Magistrate's Court throughout the colony, and that every magistrate of that Court may oxerciso tho powers of that Court, so far as his appointment ,, warrants, throughout , tho colony. Mr Justice Denniston and Mr Justice Edwards being in a minority, the judgment of the Court of Appeal went in support of the of Mr Justice Williams, and the effect is to quash the proceedings that had been .commenced with the view of securing an -inquiry into the validity of the poll. It may be regarded in some quarters as a distinct hardship that upon a somewhat minute technicality the attempt to have the conduct of tho poll inquired into should be defeated, but any feeling of disappointment that may be occasioned on that account must be largely tempered by the reflection that the net result is to securo that "tho will of the electors, as expressed at tho poll, shall be carried out, .With one remark that is contained in the judgment of the majority of the Court of Appeal there will be unanimous agreement throughout the colony: "This case and others that have come before the Courts regarding both county and licensing elections point to the necessity of the Regulation of Local Elections Act being amended."