Local ORtion Petitions

Southland Times, Issue 18057, 29 January 1903, Page 2

Local ORtion Petitions

(Per United Press Association.)

DUiN'EPIN*, Jan. 28. The hearing of the Bruce licensing petition was concluded to-day.

Mr Woodhouse, in opening for the opponents of the petition, contended that the evidence for the petition did not show that the poll had not been open, as required by law, and submitted that aeci-esy of voting, while essential in electorul voting, waa not so in a licensing poll ; that simultaneous delivery of the ballot papers was a' physical impossibility as long as they were under tho control of separate officials, and that even if tho alleged irregularities were proved ihey were so slight that they could not he construed as tending to defeat the fairness of the election.

Mr Adams addressed the court on practically the same lines as in the 51atiuira petition.

Mr Chapman, in replying for the petitioners, contended that, the evidence showed clearly that the poll was not open within the hours prescribed by law and if his Worship accepted the evidence he had no option but to declare the election void. As to secrecy of voting, it was well known that there were powerful interests at work endeavouring 10 give effect to one or other of the proposals, and people were entitled to be guarded- against these influences by being afforded the opportunity of recording their votes secretly. The law clearly recognised this and insufficient provision for secrecy was a grave irregularity.

Decision was reserved

(By Telegraph.)

(From our own correspondent.)

DUXKDIN, Jan. 28

At the enquiry to-dny i".to 'ne alleged irregularities in connection with the Bruce licensing poll Mr Woodhouso, in opposing tho potition, said l:jat his Worship whs asked to te«e too 'fce.ious responsibility of setting aside c po:l of the electors of the district which had been fortified by a recount «:f vo*.es and would require to be convinced that acts had occurred which, beyond c'"Ubt, tended to defeat the fairness of the election. As to Hh& hours of polling he submitted it was a matter for argument whether sub-section 2 of section 50 of the Local Elections Act, 1876, applied. The hours named in the Electoral Act were different to those in the Licensing Act. The hours did not correspond, as in some cases the poll closed at six o'clock and in others at seven. Subsection 6 of., section 7 of the Electoral Act was not incorporated in the Licensing Act and the word " thereby " could not apply. He further contended that so long as any polling booth in ihe district was open and polling was going on it could not be said that the poll was closed throughout the district. Evidence on that potnt had been given only in regard to one or two places where the poll was open after six o'clock and that circumstance could not be held to void the entire poll if voting was going on till seven o'clock elsewhere. What his side contended was that before the poll could be set aside acts of unfairness that contributed to interfere with the fairness of the election must be established, also that the ballot was not fair and ai»y of the irregularities proved " tended " to that result. No suggestion was made that any elector dwt not get a, voting paper. He submitted that the proved Irregularities were so slight that the magistrate would be justified m ■dismissing, the petition. Even admitting that want of secrecy applied there was not the slightest suggestion that undue influence had been used.