ELECTION DECLARED VOID.
MR VERNON RKED DISQUAIJiHEI)
irOll A YEAIi,
r United Press Association.]
Auckland, May 8. ■Tl'o Election Court decided thai, the Bay oi Islands election was void. Mr Verucn Reed Avas disqualified for one year. -■ After reviewing tho evidence, the Coutt said tho first question was whether a sent in the Legislative Council was an -office in the meaning of subsection (b) of section 216 of the Lcgislatiuo Arc, 190? A s^at in the Council canied with it the discharge of the highest public duties on behalf of the people ol; the Dominion. The Court considered that it came within the. de-nnit'-r.> of office, The evidence established that tho icspoudent assured Johnson that the offov had a. sufficient'bash of certainty in it, so that on ihe stre-ifth of it Wilkinson could safely retire and not be disappointed. U was intended thnt this proposal should j be as firm and certain as the respond-1 ent'-i alternative promise- to retire. Whi'o the Cour* regarded these facts as sumeieut to establish an offer of an office, if they did not reach that mark they implied' a promise to procure an office or endear, our to procure it as fully as did the letl<er in the Wellington Suburbs election. L'.y the assurance of a seat given i>> the respondent there was at least an implied promise that he would act in favour of getti.ig ii for Wilkinson. With respect to the second charge founded on the respondent-; undertaking to resign at the end of twelve months, the Court j-egarded this a- but part- and parcel o f the one offer, and not as the subject of o. distinct charge. It did not think -fins* could be the basis of a second distinct, charge of bribery. The Court, therefore passed over t-nis charge as iuclud.ed ia' the first charge. With regard to the charge of making an offer to Wilkinson of his expenses if he would retire, tho Court considered this had not been established. It Avas true Jacentho made an offer, but in the Court's opinion lie did so without any authority exniOhsed or implied emanating from the respondent. The Ccurt accepted the respondent's evidence on this point, and held the charge disproved. The iudginent concluded: ''Wo hold the first charge proved, and determine and certuv that' the election of tli£ respondent to the House of Representatives at the poll on December 10th, 1914 for tho Bay of Islands electoral district v.-ns- and is void." The Court remarked that nil tne witnesses, including the respondent, gave their cvi- ■ dance frankly and fully. The evidence of tho respondent himself left an im- ' pre-si>''on on Th-k* Honours' mind that the candidate was not conscious that in what he did he was committing what I
'hv C i.ii/ V U Lo ho ,1 bioaeh of the kmv J'f.p i'mui h\t<l the teim of. tlisqiii'li.. .)',<! i <f tli lospondent at-ono <>v i' J [ii.jtc ([ indemnity will hv _i\< • i > >..ci-nlljf), .fo'iiison, and tho if'-j '
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ELECTION DECLARED VOID., Colonist, Volume LVII, Issue 13773, 10 May 1915
ELECTION DECLARED VOID. Colonist, Volume LVII, Issue 13773, 10 May 1915
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