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THE NEWTOWN POLL.

Dr. McArthur, the Stipendiary Magistrate who heard the petition against the prohibition poll at Newtown. (Wellington), has decided that the poll is null and void. Considering that the nolicense majority was not a majority of the electors, even those who profess to be believers in the pure principles of democracy cannot object to the Magistrate’s decision on the score that injustice is inflicted upon “the people.” We are assuming, of course, that the result of the decision will be a return to the status quo ante belluni, and that the bars of Newtown will be open for the sale of virile refreshment after June next. 1 here is, however, a possibility that the result may not mean ‘ continuance,” but “ nolicense.” It is the opinion of some lawyers that the failure to take a poll will prevent the issue of new licenses, and the Act certainly states that no licenses shall be granted until a vote of the electors has been taken. The question to be determined, then, is whether a vote taken and declared void is not equal to a vote the other way, or whether if a vote is so declared void, the previous uuchallez ged poll remains in force. This would be in accordance with the practice usually followed in cases of similar kind, and in accordance with common sense — though that, as we know only too well, is no recommendation in the opinion of the prohibition party. There will be some curious complications, no doubt, but we do n t expect to see much fighting. The conditions are not favourable to hostility. Each side believes that the Magistrate’s verdict gives it the victory Neither is likely to take steps to change the position, though the teetotal party has clearly the least to lose Admitting the liability of the law to ambiguity and the tendency of its interpreters to eccentricity, we venture to affirm that licenses will be issued in Newtown, if not by the freewill of the licensing committee, then by virtue of a. mandamus of the Supreme Court.

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Permanent link to this item

https://paperspast.natlib.govt.nz/periodicals/NZISDR19030305.2.44.1

Bibliographic details

New Zealand Illustrated Sporting & Dramatic Review, Volume IX, Issue 678, 5 March 1903, Page 20

Word Count
345

THE NEWTOWN POLL. New Zealand Illustrated Sporting & Dramatic Review, Volume IX, Issue 678, 5 March 1903, Page 20

THE NEWTOWN POLL. New Zealand Illustrated Sporting & Dramatic Review, Volume IX, Issue 678, 5 March 1903, Page 20