The Awarua Seat

Waipawa Mail, Volume XXI, Issue 3668, 26 October 1897, Page 3

The Awarua Seat

SB WARD’S ELECTION UPHELD. (Per Preaa Association) Willinqton, Yesterday. Tba caae under the Awarna Seat In■iry Act, 1897 waa srgnrd before the fll Court of Appeal to day. The Act ppowered aod directed tba Ooort of Ippoal to determine whether under the Kitting law aod apon the facta aet oat io M Act the eeat of the member for |ftraa bad become vacant, aod if «o on real date the vacancy occurred. On the case being called oo Mr Tbeo. Poop«r stated that he. aud Mr Skerrett nth him, appeared for the member for Ifiroa, aod Mr Golly appeared aa the toostl nominated by (be Speaker. Mr Golly at the outaet made a state •tot that it was obvious that the Houb • Lfiog delegated its functions to the Lit, atood impartial in the matter, but M aa the Act seemed to ooutemplate it he should advance arguments against i right of Mr Ward to hold bis seat, ihooM do so after counsel fer the v aide had been heard. It having keen agreed that counsel for Ward should begin, Mr Cooper com need Itia addraae to the Conrt on behalf Mr Ward. contended that the Nteral Act, 1893, contained nothing qaslifying an undischarged baokiupt id being a candidate or to hold that M if it Afterwards became vacant, be wof bankruptcy prior to election. It lid lead to an abaurdity if a person ild be validly elected for an inds finite iber of timaa bat coaid naver take hi* tor act aa a member. The whole car tof legislation showed that Parliament ■dsred the question ons for the con Siocy, and the Court oonld not bold i tba seat was vacant without iotroU( something into the disqualifies i c'iui< a which could not be found n. Mr Cooper oonclnded bis address Kbefore tba Court rose for the Inucheon aroment. After Innobecn Mr Bkerrett anbmittod I the dirqoa'ificaiion clanaea did not rt ihe present caae. IrOolly aobmitted that the argument iMr Ward amonnted to this ; Tbat if a »o became bankrapt the day before a'eotiou he conld bold hia seat, but if iij after then be immediately entered I I period of dilability. This waa an ardity which woold be avoided if kbit. Daring the period of a bank fnaipenae he was practically at tho t and call of the Assignee. He sob bad that a vacancy waa oontemplatod the Statute to oooor immediately on bso and not afterwards ; whether it ihtsodod or not the words used meant l tba atatns of bankruptcy ipso facto kid the seat. If the eleoiora chose (its their votea for a bankrapt tbsir ■ tiro practically tbrowD away. tai atitement waa questioned by the *b, sod ooooael aaid tbat virtually ivoqM be tbe case if the principle at Bbiok of tbe argument of counsel for Bkber aide was tbat tbe matter should IxUiated to tbs bankrupt's constitn ■ This would apply to a member guilty of oorrupt practices after Bj*s; alio according to their argu ■Uf a person took an oath of allegi ■ » foreigo Power tbe day before Section ha waa atill qualified to be P[ Cooper haviog replied, tbe Chief Bjbi after conference with other Bberi of the Benoh, intimated tbat tbe V* hi nnanimonaly of opinion tbat Bkatof the member for Awarna in the pt Parliament had not become vacant ■j*on of tbe facta stated, and tbat a PJttte to tbat effect would be for pdto the Speaker of the House as possible as required by Act. His further intimated tbat tbe reasons ■tocooelaaion of the Court would be B>iu writing later on. V* Court fixed tbe coeta of those Vl for Mr Ward at 70 guineas, and ■Joss for tbe Speaker at 40 gnioean ptha Act provides aball be paid ont P*syi to be appropriated by Parlia