The Star. THURSDAY, NOVEMBER 25, 1880.

Star (Christchurch), Issue 3933, 25 November 1880, Page 2

The Star. THURSDAY, NOVEMBER 25, 1880.

Councillor Gapes ia Mayor-elect of Ohristchuroh. We believe this result is to be attributed to the beautiful romance which originated in tbat fertile region of truth — Oasbel street — in reference to a nosegay — bouqutt — or whatever else it might have been — alleged to have been presented to tbe Reverend Pastor of a certain religious denomination by Oounoillor Aters, a story aB false as the stories which come from Oashel street usually are. We did not believe there were half-a-dozen ratepayers in the city who, for a moment, would lend the ears of credence to such a base fabrication, but it appeara we havo been mistaken. Whether the election of tho n?w Mayor is to be attdbutedto tho j- ullibility, prejudices or discriminating intelligence of the citizens, matters not now; the result is before U3 in the return of Councillor Gapes. We bow, of course, with our Desfc grace to the decision of tho ratepayers. They have an indubitable right to please themselves how their favours shall bo bestowed and how their funds shall be expended. We congratulate Councillor Gapes, who — though it is asserted he won tho election through a mythical bunch of flowers — will certainly not find the Mayoral seat a bed of roses, and our only regret is that we are unable to congratulate tbe members of the City Council upon the municipal prospect now beforo them. We are not apprehensive, however, that. they will misunderstand and wo aro confident thafc they will excuse us when, we say so. We are no enemy to Councillor Gapes. We are convinced tbat bis intention is to do hid utmost for tbe advancement of the city in an uteelfioh spirit; but influence in the Council as it now constituted he haa none, whilst his capacity to deal either comprehensively or powerfully with any public question is most limited. Had the election been in the hands of those who have sat with bim in Council during fche past twelvo months and who have had an opportunity of estimating his capabilities, Councillor Gapes would nofc now be Mayor-elect of Chrißtchurch. At the same time wo would remind Councillors that their duty is to the citizens, and they must ■ ow as well as we to the acceptation of the decision of tbe ballot box. Whatever Councillors may think and feel, '

the new Mayor must be accepted with the same outward deference and respect that would be manifested towards the most brilliant municipal genius the city has produced. Councillors have no right to revenge themselves upon tbe Mayor because he and not some one else is t u e ohosen of the people. Wo bespeak for the Mayor-elect, not only a fair field but — in the interests of the city — every reasonable favour. He hao in the past received every consideration and leniency at our hands, principally becarss — whatever bis weakness may be — he haß not carried himself pompously or pretentiously — he has not be^n a municipal fraud — and wo can promise him that we are not likely to change in our course towards him in the future. We feel thafc he is likely to need all the support which wo and his besfc friends can accord him.

We have repeatedly asserted that we do not pretend to be lawyers or to furnish the public with cheap and valueless legal opinions. With this reminder, and without committing ourselves definitely, we must say that upon tho face of the proceedings a pretty bungle appears to have been made in the matter of the election of members to the Board for the South Waimakariri Conservators District. The notice of the elections, which haß been published by Mr Geoege Leslie Lee, Returning Officer, purports to be issued under " The Regulation of Lccal Elections Act, 1876." Turning to that Act, we find section 10 runs aB follows : — " Not lesß than fourteen clear days before any Election to fill an ordinary vacancy, the Returning Officer shall give public notico thereof, and shall in such notice appoint a place within the district, and a day, not less ttan five nor more than ten days after such publication, for the nomination of candidates." The word " clear " in this section is worthy of particular attention ; it signifies that the fourteen days are not to include either the day of the election or the day of the giving of the notice — they are in fact to be clear and intact. Bearing this in mind, we now turn to the notice issued by the Returning 1 Officer, Mr Geoege Leslie Lee. It is dated, " Ohristchureh, Nov., 1880," which, to Bay the least, is delightfully open, and the firsfc notice— for there are two — was published on the 18 th Novem- ; ber. The giviug of notice miißt, of course, be reckoned from the day of publication, for that is no notice at all which does not reach the public. Tbe < notice being published on the 18 ch, and the day of election being fixed for the 30th, only leaves 11 clear days between by our calculation. But the trouble does not end here. The day of nomination must be fixed not less than five days nor more than ten days from the giving of the notice, yet we find by the notice issued on the 18th, that the nomination day was fixed for Saturday last, the ! 20tb, which is certainly not five dayß 1 after the "giving of publio notice." However, we need not concern ourselves . to-day about the notice issued on the 18th, for on the day following we find that, for Bome reason not clear, that notice was abandoned and another notice given to the 1 public. Thia ! new notice still maintained the 30th November for the day of election, and, as it was published a day later, of course there were only ten clear days' intimation given instead of the required fourteen. By this , new manifesto, the day of nomination : was fixed for Monday, the 22nd November ; from the 19th to .the 22nd is cer- ! tainly not five days. Then both the ( notices are singularly silent in regard to the appointment of " a place within ( the distriot " at whioh the election is to i be held ; no attempt appears to have ; been offered to comply with iho require- ' mentß of the section in this respect. i Finally, it appears to ns the common--1 eense view that, no one place that oould be appointed could meet the require- [ ments of ratepayers ; thafc each sub- [ district is entitled to bo regarded aa a 1 separate and distinct constituency, in which a place of election should be appointed, and for which an independent : notice should be issued. Until the proceedings taken by the Returning Officer can be reconciled with the Act, we must hold that the whole business, from firsfc to last, has been moot effectually bungled. There is a great , deal more yet to be said about this remarkable election, but when the diffi- . culties we have pointed out to-day are I accounted for aud explained, no doubt, ; we ehall be prepared to proceed I further.