LOCAL OPTION POLLS

Otago Daily Times, Issue 14357, 29 October 1908, Page 7

LOCAL OPTION POLLS

A POSSIBLE DIFFICULTY REMOVED. (Fhom Our Own Correspondent.) WELLINGTON, October 28. Doubt having been suggested to tho Government by the New Zealand Alliance regarding section 22, subsection 1 of "The Legislature Act, 1908" (Consolidated Statutes), as to whether the words "shall have the force of law,'' in that section, were final and conclusive, notwithstanding' the later words, " shall not come into effect until the expiry of the then existing Parliament." The Hon. Dr Findlay (Attorney-general) has sent the following telegram to Mr A. S. Adams Licensing Act.—l am quite satisfied that the difficulty suggested by you is not- a valid one. The ell'ect of section 22 of The Legislature Act, 1908," is that tho report is final and conclusive from the date of the proclamation, but does not come into effect—that is, it does not come into operation—until the expiry of the existing Parliament, (See subscction 3 as to what happens when the report takes effect.) The Gazette notice under section 8 (c) of "The Licensing Act, 1908," will be issued by the Governor, and gazetted at once. 11l it the correct names of the constituent electoral districts will be given, and this will lessen the risk of confusion between the old and the new district of Dunedin South, it may be that section 8 (c) applies only where prohibition exists in some part of the area of the new district, but as a measure of further caution the Gazette notice will be issued in respect of every new district. With reference to the above, Mr Adams said I may say that .1 interviewed the Attorney-general (Dr Findlay) in Wellington last week on the subject mentioned, and pointed out a possible difficulty of construction of section 22 of the Legislature Act. I discussed the matter with the Attorney-general, and entirely agreed with the conclusion at which he had arrived. I think there is no other possible construction of the words mentioned. In connection with the section of the Licensing Act, il is one requiring , the Governor by notice in the Gazette to define the sections of the act under which the local option polls arc to be taken in the reconstituted electoral or licensing districts, and the course now to be , adopted will make that matter perfectly clear. The question arose through the old names of Dunedin North, Dunedin Central, and Dunedin South being retained in the Licensing Act. Dunedin , West is now substituted for Dunedin ' South by the joint effect of two statutes. VALID POLLS. ' AN AMENDMENT SUGGESTED. (Pee t'snsri Psiss Association.) THAMES. October 28. Replying to a no-license deputation, who explained that Mr F. W. lisitt was only being nominated for the Thames seat in order to secure a valid local option ' poll, the. Hon. J. M'Gowan said that as ' to the condition making it necessary for ' half the voters on the roll to vole to make a local option poll valid in the case ' of an uncontested election, he wonld "bo ' inclined to abolish such a provision. It ' was scarcely fair that, those who were too apathetic to go to tho polling booth were practically allowed lo vote against those who did.' [f a vole was not recorded it ! should not be considered in the matter.