POSITION OF MAYOR

Timaru Herald, Volume CXLII, Issue 20481, 28 July 1936, Page 6

POSITION OF MAYOR

“ENTITLED TO HOLD OFFICE ” QUESTION OF DEPOSITS According to a statement made at last night’s meeting of the Timaru Borough Council by the Town Clerk and Returning Officer (Mr r,. A. Killick) the validity of the declaration of Mr P. C. Vinnell, as Mayor of Timaru cannot now be questioned. Cr. W. G. Tweedy asked, in view of confusion that might exist in the matter, if the Town Clerk could give any information on points arising out of the recent Supreme Court hearing, when Mr C. E. Kerr, a Mayoral candidate who had withdrawn, Lad been successful in an action for the return of his deposit. “As a result of the recent Supreme Court case relative to the returning of the candidate’s’ deposit there is no doubt that some misapprehension has arisen as to whether the present Mayor is legally entitled to hold office,” said Mr Klllick. “I think, therefore, that the matter should be made quite clear.’ Though the argument might have been raised immediately after his publicly declaring Mr Vinnell elected, yet the time having elapsed in which anyone could lodge an objection to his election, the validity, therefore, could not now be questioned. It was also reasonable to suppose that if such objection had been raised it would n?t have been sustained, and that the election could have been validated under Section 71 of the Local Elections and Polls Act. “Regarding the handing back to Mr Vinnell of the deposit the feeling mignt also have been created that Mr Vinnell should not have received his deposit back though his Honour did not say so,” said Mr Klllick. “He simply stated that Mr Vinnell asw no better warranted to it than Mr Kerr. As a matter of fact I looked into this matter before returning Mr Vinnell’s deposit and in returning it to him relied upon the authority of Clause (2) Section 19 of the Municipal Corporations Act, 1933, which states that if a candidate is elected without a poll his deposit shall be returned *to him.” Suggestion of Appeal. Mr Killick told a representative oi “The Timaru Herald” that he understood that the Audit Department was considering asking him to appeal against the decision in the action brought by Mr Kerr. He had not, however, received any definite advice to that effect from the Department.