BAY OF ISLANDS SEAT.

Taranaki Herald, Volume LXIII, Issue 144714, 24 June 1915, Page 4

BAY OF ISLANDS SEAT.

COSTS IN THE PETITION. PER PRESS ASSOCIATION. AUCKLAND. June 23. Tho allocation of costs in connection \rith tlio Hay of Islands election petition was argued before Mr. Justice Ho.sking at the Supremo Court to-day. Mr. IV. P. Fndean appeared for petitioners and -Mr. J. 1!. Hoed tor respondent, Mr. Vernon Heed, the unseated candidate. Mr. J. 11. liecd said it was the rulo in such cases for the winner to be awarded costs. There were, however, exceptions, and he claimed that ho was justified in ashing tho court not to order tho respondent to pay the full costs. In tho first case thero were nine charges against the respondent, and tho fact of advertising them in the newspapers did him harm. After the lapse of a period extending from December 10 to February 2! tho petitioners by notice abandoned four of the charges. During the hearing the petitioners withdrew two serious charges of personal corruption, one. of them being directed against tho respondent himself. After tho lapse of 4( inonths-tliose charges were stifl kept f hanging over the respondent. At tho hearing tho petitioners failed in tho charge that inerc had been attempted bribery by John Jnecntho. Further cross-examination did not reveal anything that could not have been known to petitioners previously. Tho clauses upon which Inc petition succeeded wore .alternative, and they wero not matters on which there had been any real conflict of evidence. Tho matter had been admitted from tho beginning and tho question became purely and simply a legal qne. Had the petitioners confined themselves to that question the petition could probably have been disposed of in a day. Mr. Reed contended that an allowance of half tho time taken up by tho hearing would he adequate, on account of the time which had been occupied in dealing with tho charges, which wove not upheld. Argument on the question of limitation of time was heard at Wellington. That point had arisen in other election cases also, and special costs had not been allowed. Counsel quoted authorities in support of his contention that tho circumstances were special and that the court would be justified in departing from the rule applying to case's of an ordinary nature.

Mr. Emlean argued that before tho case could be treated as exceptional the respondent must show that there had been unjustifiable charges or vexations conduct on tho part of tho petitioners, Ho submitted that they had succeeded on the main charge, the one which camo first and the one upon which they relied. His Honour: How can any charge ho deemed to bo the main charge until it had come before the court? It is the prominence which is given at the hearing that distinguishes it as tho main charge. Mr. Kndean contended that they, succeeded on tho charge relating to the offer of a scat in the Upper House Counsel said that tho hearing of the Hawke’s Bay petition had occupied four days, and tho court had allowed expenses covering eight days. Mr. Endoan pointed out that the Bay of Islands differed from tho English cases because some of the witnesses wore separated by 200 miles. More time was therefore occupied in carrying the [lotition through.

His Honour intimated that he would rose rvc his derision and notify the result from 'Wellington.