The Timaru Herald. FRIDAY, FEBRUARY 5, 1903.

Timaru Herald, Volume LXXVIII, Issue 11985, 6 February 1903, Page 2

The Timaru Herald. FRIDAY, FEBRUARY 5, 1903.

In another column will be found verbatim the decision given by Mr C. A. Wray, S.M., in the petition case against the Ashburton Local Optitfn Poll. It will bs remembered that -the Ashburton electors voted "No License" by a substantial majority, -whereupon those interested in the liquor traffic promoted a petition for the purpose of invalidating the Local Option Poll on the ground of alleged irregularities in connection with it. The decision of the Stipendiary Magistrate upholds the validity of the poll, which is precisely what we have all along expected would happen, though we were of course precluded from giving expression to our opinion as long as the case was "sub judice." We did, however, point out when the petition was published that it did not follow that either an election or a local option poll would be upset on account of irregularities. Those who have the conduct of an election, or a local option poll, may be blameworthy and perhaps* punishable for irregularities committed in the course of the proceedings, but their laches do not necessarily invalidate the result. It seemed to us, from what we had heard and read of the Ashburton case, that the petitioners, though they alleged a number of irregularities, were making mountains out of mole-hills, because it did nob appear that the main iss.ue had been affected. The voice of the electors had been fully and fairly heard through the medium of the Local Option Poll, and there had been only trifling deviations from the routine of procedure provided by the statute. Although originally the petition set forth a number of grounds on which it was prayed that the poll might be voided, they were all abandoned except two before the Magistrate gave his decision. One of the allegations finally retained was that over-crowding had been allowed at-some of the polling booths; and the other allegation was that the voting papers for the election for the House of Representatives and those for the local option poll had not been given simultaneously as provided in the statute. The Magistrate decided precisely on the general lines which we had stated -should govern all such cases. He said: —"As to the over-crowding, it is quite evident that though an irregularity was permitted and caused .some inconvenience, it in no way affected the result of the jioll, as no one was thereby prevented from v.oting." So with regard to the delivery of the papers. The Magistrate held that the proper course had not been followed at certain polling booths which he named; but he said that though the method adopted was not strictly in accordance with the statute —" I cannot see that it would make any difference in the result, nor can I suppose that the result would have been altered had the proper method been used." The concluding sentence of the decision puts the issue very pointedly:—"lt seems to me unreasonable to contend that any such irregularity, from which no election is. likely to be free, can override the will of the people so unmistakeably expressed." The decision is not only a sound one, but it may be regarded as a model of the form of such decisions. There is nothing superfluous about it — no verbiage and no unnecessary reasoning. An intelligent child can understand it and the ground on which it is based; and it must be generally admitted that such a common-sense and equitable way of dealing with the facts is much more in the interests of the public than would be a narrow pettifogging adherence to the letter of the statute, and the upsetting of a Local Option Poll which is a "bona fide" expression of the electors' will. It is of course easy to write after the event, but now that the proceedings are over we are impelled to say that we were from the first surprised that an attempt should be made to upset a Local Option Poll on such flimsy grounds. The Ashburton decision may be a guide. for discontented electors on future occasions when there is a temptation to attack a Local Option Poll on bare technical grounds of small moment. At Ashburton the petition was promoted by the publicans, and we would take the liberty of reminding them that it is poor policy to run counter to the public will when it is clearly pronounced. In our opinion the majority at Ashburton have made a great mistake, and have shaped their course on a thoroughly-vicious principle"; but what they have done has been done legally, and when the time for closing arrives, there should be no attempts to shirk the 'No License" policy which has been adepied.