THE TRAMWAY POLL
MR. MARTIN'S OPINION
POSITION SAID TO BE CLEAR
The position with regard to the forthcoming tramway poll is now stated to ho cleat;, Mr. \r.trtin having ;j,iv<-n il as his opinion (bat onlv ratepayers are entitled lo vole. hi connection with a stafomonl made hy Mr. Rickl'ord al Lh« _jnoetinj» at To Hapara on Friday evening, tlial Mr. Martin had surestod the taking out of an originating summons u> determine the question as to whether the roll should be the electors or the ratepayers roll, a perusal of Mr. Martin's two opinions shows that he was definite in his view that iho- ro'.l used must he the ratepayers roll. At the conclusion of (lie opinion received last week, Mr. Martin said: "If desired. bring < on quickly originating summons deciding which*roll is to housed at- fresh poll."'
rt will he clear that Mr. Martin merely made this suggestion in case the council was not satisfied to accept hi s opinion. However, if the council had wished to take out an originating summons the provisions of serf ion 66 of the Loci! Elections and Polls Act makes it essential that the poll should he taken within 25 days of the Magistrate's"decision upsetting the previous poll.
Therefore, it would have been quite impossible to have had the originating summons' disposed of and a fresh roil prepardd within the necessary time. There is, of course, no suggestion that the council disagrees with Mr. Martin's opinion, especially in 'view of his recognised standing in municipal legal matters.
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https://paperspast.natlib.govt.nz/newspapers/PBH19261108.2.82
Bibliographic details
Poverty Bay Herald, Volume LII, Issue 17185, 8 November 1926, Page 8
Word Count
255THE TRAMWAY POLL Poverty Bay Herald, Volume LII, Issue 17185, 8 November 1926, Page 8
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