CARTERTON COMMISSION.

Wairarapa Daily Times, Volume XXVIII, Issue 7683, 5 February 1904, Page 5

CARTERTON COMMISSION.

Last Evening's Sitting.

(By Our Special Reporter),

The Commission resumed at half-past seven on Thursday evening., . • ■

Mr Bell, in opening the proceedings, said Mr Armstrong was either biased or incompetent. They looked to the Commissioner for a judgment that would be important to other places. It was immaterial whether he was incompetent or biased. He was inaccurate when it was his solemn duty to be accurate. He had misinterpreted—grossly misinterpreted —the Statutes he was working under. This might be from his training or habits of life. It would be charitable to stand on the ground of his conduct, and allow motives to be subsidiary. He had conducted five elections; one had been declared void, another must have been declared void if the petition had got in in time. Thus, forty per cent, of his work had really been nugatory through his actions. In the one he had fixed the date earlier than prescribed by law. It was said that others made the same mistake, but he was the only one who had put himself above the Statute to reject a nomination. A report of a Committee of the House on Mr Phillips' petition had taken this view. Mr Bell then referred to the affidavit re the declaration of poll in 1896, wherein one date was sworn in mistake for another. Mr Bobinson said Mr Armstrong did not sign the declaration of tbe poll at all. There was no paper published on the 11th, but on that evening Mr Brown, then editor of the Observer, went to Mr Armstrong to get the advertisement for the next day. Mr Brown put Mr Armstrong's name to it. Mr Brown had made an affidavit to this effect. Mr Bobinson : In the Judge's judgment nothing really hinged on this affidavit at all. Mr Bell: Mr Armstrong was bound to be accurate, and he was inacccurate. He held that Mr Armstrong's affidavit was filed for no other purpose than to allow Mr Buchanan to be ousted. The Committee that sat on Mr Coleman Phillips' petition found that his (Mr Armstrong's) conduct was irregular and improper, and the Committee thought that in future tbe Government should make careful inquiries before appointing Returning Officers. In the 1897 Licensing Election the Magistrate gave three guineas costs against Mr Armstrong, and declared the election void. There were no allegations about 1900. Mr Robinson: Hβ was improving. Mr Bell: But he was still appointing these youths to responsible positions, and had used his office to obtain excessive sums for himself and his sons, so that in that respect he had not improved. He then alluded to the importance of hay ing scrutineers and the desirability for facilitating their appointments, illustrating Newtown. In 1897 Mr Armstrong gave a grotesque interpretation of the j Act governing the Licensing election. In 1902 he gave an interpretation, ludicrous in its absurdity, in reference to the Electoral Act, in which, in spite of interpretation clause schedule and other clauses giving deputy returning officers the same powers as the Beturning Officer, Mr Armstrong refused to allow deputies to take the declarations of scrutineers, and so prevented Mr Buchanan being represented in this way at several polling places. He would not do Mr Arm* strong's intellect the injustice to suppose that he did not know any better. Mr Armstrong was carrying out in his official position tho political favour which actuated him before he was appointed. It had been shown that he was not fit for the position by three tribunals, Mr Justice Connolly, Mr Hasclden and the Parliamentary Committee. The result was, no doubt, a severe disappointment to Mr Armstrong himself. Mr Bell, alter a few more remarks, indicating his opinion that Mr Armstrong had acted with bias, put in Mr Coleman Phillip's petition, Supreme Court judgment, copy of petition, and Mr Armstrong's affidavit. He then called Mr Armstrong as his first witness. Mr Bobinson strongly objected to thia, but the Commissioner allowed it. In answer to questions, Mr Armstrong said he had, as Secretary of the Wairarapa Liberal Association (before his appointment as Beturning Officer), in 1896, written to Mr Buick, asking him if ho would be a candidate for the Wairarapa. He ceased to be Secretary about July, 1896, and never since asked anyone to stand. Did not ask Mr Baillie. Was on friendly terms with Mr Hornsby—not with Mr Buchanan. Would give Mr Hornsby any information. Would only communicate in writing with Mr Buchanan. Considered Mr Buchanan had slandered him. Did not talk politics with members of the Government when in Wellington, or attend Mr Hornsby's committee meetings. Had not taken part in collecting money to defray Mr Hornsby's expenses in 1902. Mr Bobinson objected to this line of examination. Mr Bell agreed, and passed on to other questions. Mr Armstrong admitted striking out " Deputy Beturning Officer " from the schedule sent him, and held that he was right in doing so under clause 115, which only mentioned Beturning Officer or Justices of the Peace. Mr Bell asked if he read the interpretation clause ? Mr Armstrong said he had, but it did not alter hie opinion. Told his deputies not to take scrutineers declarations. Was still of opinion that his interpretation was correct. If the same thing occurred again he would get advice upon it. Mr Armstrong explained the affidavit re advertisement as stated by Mr Bobinson. Mr Bell submitted him to a long examination about the affidavit, which Mr Armstrong said he signed without taking any notice of its contents. Did not think that the matter was important. The advertisement authorised on 11th to appear on the 12tb, was not signed at all. Mr Bobinson re-examined at some length. Other witnesses examined were Mr W. C. Buchanan and Mr H. H. Wolters, and the Commission adjourned at 10.50 p.m.

(By Telegraph—Special to Daily Times)

Cartbrton, This Day,

The witnesses examined this forenoon were J. Brown, who was "examined as to the date of insertion of a certain advertisement; J. T. M. Hornsby, who spoke in high praise of the Beturning Officer; W. Gillespie, Masterton Beturning Officer, who deposed to the

expenses in his electorate. ■ Messrs Bobineon and Bell addressed the Commission, and the Court adjourned at 12.35 till 1.45 p.m. This afternoon the charge against Balph Armstrong, of improperly placing names on the roll, will be taken.' The Commission Jβ expected to finish in time for the afternoon train.