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Timaru Herald, Volume LIII, Issue 5262, 13 October 1891, Page 2

It is now definitely stated that Mr JEden George intends to proceed; by means ot a petition, m his attempt to upset the recent Ohristohurch election. Some of the legal luminaries say that- he need not have petitioned but could have moved the Supreme Oourt as an ordinary suitor. We soaroely think that tbat course was open to bim, as tbe legisla-

ture has constituted a special tribunal to deal with the class of cases of wbioh his is undoubtedly one. The petition must be to tbe Chief Justice and mast be forwarded through the Returning Officer. It is then dealt with by two Judges of tbe Supreme Court. Tbe decision will be looked for with much interest, apart altogether from the special question of the representation of Christchurch. . As a rule tbe Court is averse to upsetting an election unless it can be shown that, owing to what; has been done amiss, tbe result of tbe ballot has been materially affected; as, for instance, that votes bave been wrongly recorded m sufficient number to give the seat to a candidate who would not otherwise bave beenentitledto.it. Mr Eden George's petition is altogether of v different character, and tbe points at issue have never before been raised m an Election Petition Court ih New Zealand. Firstly, be has to attack tbe return to the writ, on the ground that he was the only duly iSomicated candidate, as the other candidates did not give the seven days' notice required by the Act ; and, secondly, be has to deal with the Order-in-Council purporting to validate tbe blunder of the Returning Officer, and to show to the satisfaction of the Court tbat the Order was ultra vires. A peculiar feature m the case is tbat if tbe Court were to accept tbe views of Mr Eden George's legal advisers aud were to order the return to be amended by the insertion of his name m place of Mr Sandford's, the Christchurch constituency would be represented by a man whom neither of tbe two great parties desire to see m Parliament. : A decision which should bring about sach a state of affairs as tbat would be rather puzzling to the intelligence of tbe community. The broad ground on which rests the establishment of a tribunal to test tbe validity of elections is the necessity of seeing tbat the will of tbe people, expressed m proper form by the majority, is allowed to prevail.