Local Option Petitions

Southland Times, Issue 18056, 28 January 1903, Page 3

Local Option Petitions

(Pir UniVri -Press Association.)

WEiLLING.TON, Jan. 27. »** The hearing of the petition to^ upset the Newtown local option poll, which resulted in carrying prohibition, began before Dr McArthur, S.M., to-day. At the outset Mr Skerrett, for the petitioners, objected to the appearance of Messrs Bell and Atkinson in opposition, on the groun4 x that there was no statutory au- * thority for electors to be represented as a party to a petition. He had no objection to one solicitor, appearing as amicus curioe. The magistrate, without ruling on the point, admitted both opposing counsel as friends of the court, and said he would allow them every latitude in the 'proceedu'S 8 ' Counsel for the petitioner said the grounds of objection to the poll might be summarised under three headings, two of which had not before been the subject of .legal controversy in New Zealand. They were : -*■♦,;. • {1") That the actual and true result of the poll was that three-fifths of the total number of voters who recorded their votes .did not vote for no-license, and the total number of voters whose votes, were recorded was misstated by reason of the omission to include votes recorded, "but which could not be counted because of their non-compliance^ with" section 128 of the E.ectoral Act, 1902. (2) That a number of persons v ~voted who were not entitled t*o vote and that their votes must be strucb off the poll and the result amended or, in the alternative, the poll must be declared void, (3) .That gross irregularities occurred in the*' taking of the poll which tended to defeat jtfaa -fairness of the election. lt^appeWed upon tbe-^-recount that a number" of^votes We excluded ,as •informal and not counted in the total number of votes recorded. . The contention for the petitioners was that all informal vote?, "except votes Which were informal on the ground mentioned in sub-section 1 of the Act. -should be included in the total number of voters whose votes were recorded. The clear policy of,, the Legislature was that a/poll should not haye "> the "effect of ' ditnlnishing ,the; value: -of property unless at least- /three-fifths; of the voters who went to the poll and re-corded-'their votes plainly indicated jrwch to be theii intpn&on. There was one exception only and that was in subsection i of section 7, which showed very clearly again the policy of the Legislature was to have a clear substantial maior-

ity. * .'■•'" '■■;'..■ v-' A, number of witnesses ' were called, ' whom it was shown had voted at the poll though^' they were under age, while one had been improperly enrolled on the electoral toll. Evidence was also given of officers harin'g-.left the polling; booths for a time, and: :of irregularities in handing voting papers to «lector,fl. The enquiry will be resumed on ahursday t *._, ■ DtftfEDlN, Jan. 27. At the Bruce local option poll enquiry the taking of evidence in of the allegations of , irregularities u'as concluded And a- few witnesses - were called to -give evidence .against. r the petition, buf^ counsel for W» opposing the petition did not open, being allowed to defer his address, . * t