ENQUIRY INTO THE LATE COUNTY COUNCIL ELECTION FOR OKAIN'S RIDING.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 565, 13 December 1881, Page 3

ENQUIRY INTO THE LATE COUNTY COUNCIL ELECTION FOR OKAIN'S RIDING.

Friday, December 9. Before Justin Aylmkr, Esq., R.M. This inquiry was held immediately after the rising of the R.M. Court on Friday. * The Clerk of the Court read the following petition against the return of Mr J. B, ) Barker:— " We, the undersigned electors of the Okain's Bay Riding of the County of Akaroa, hereby declare that we verily k believe that at the election to the office of member of the Akaroa County Council, holden at Little Akaloa and Okain's Bay on the 16th day of November, 1881, at which John Beilby Barker, of Little Akaloa, in the said county, farmer, was declared to be duly elected to the said office, the said election of the said John Beilby Barker is void, upon the following grounds:— " That the roll used at the election was not made up in terms of ' The Counties Act, 1876,' qualifier! electors being omitted or erased from the roll, and names entered on said roll which had no qualification, and others entered for more votes than the assessment roll entitled them to have. "That tho said John Beilby Barker was not capable of being elected to, or holding the office to which he was elected. " That one or more persons voted who were not entitled to vote, or gave more votes than he or they were entitled to give at an election. '• And we pray that enquiry may be made into the said election, under the provisions of * The Regulation of Local Elections Act, 1876,' and th-t the said election may be declared void. v Given under our hands this 29th day of November, 1881. " (Signed) v Jas. iiOLEYN, Elector and Candidate. •' Robt. Shuttlewortii, Elector. " George Tiios. Bennett, Elector. .. Cftigned by the said Jas. Boleyn, R. •ShuttleWbrth, and G. T. Bennett in the presence of das, D. Garwood, J.P., Mayor of Akaroa." Mr Shuttleworth, one of the petitioners, 6aid he had deputed Mr Connon to act for him. Mr C. Ilenning, who appeared for Mr Barker, objected to Mr Connon being allowed to appear for the petitioners as $io was not even on the roll. Mr Connon said it was true he was not on the Toll, but he had paid rates. The R.M. act allowed one layman to appear for another in certain cases, of which he thought this was one. The R.M. overruled Mr Henning's objection. Mr McGregor, Returning Officer for the County, said he appeared with Mr E. S. Latter, tho County Council Clerk, to watch the case on behalf of the County •Council. Mr Connon said there were three distinct charges in the petition, but he pro- « posed to deal with the last first, which was ; ' That one or more persons had voted... at the election who were not ■entitled to vote. Before leading evidence „ lie wished to draw the attention of the Magistrate to certain clauses in the acts binder which the election was conducted. In the Counties Act, 1876 in section 40, the qualification of an elector was given, which was "every person of ihe age of 21" whose name was on the lull. He found that by the roll was meant (according to the interpretation clause) a roll containing the names of persons qualified to vote under the Act, which of course meant under the 40th clause of the Act that he had before referred to. lr was clear, then, that if a person under the age ai 21 voted, the election would be invalid, for ho was certainly disqualified if not of age, even if his name happened to be on tho roll. To como now to "The Regulation of Local Elections Act," he found in section 2 that the meaning of roll was any i roll made according lo law, containing the names of persons entitled to vote. And (he interpretation clause further defined it as a list of person's entitled, under any law for the time.beihg in force, to vote Hence both Acts clearly showed that it was not the. intention. of, the Legislature to allow any person under the age of 21. to vote, Coming again to the 30th section of the Act, he found that one of the three questions that could be asked an elector before he recorded his vote was, "Are you 21 years of age?" If ihe elector i» answered in the negative he was disqualified. The fact that the question was not put did not legalise the act, John Beilby Barker, a son of tho Mr Barker whom they wished to unseat, was not entitled to vote at the late election, as he was not of age. He resided in Little Akaloa, and was expected to vote the'-e, but, knowing that «very preparation had been made to ques: tion him at his own polling booth, he had come across to Okain's Bay, and voted almost dire.tly that polling booth was open. He would now lead evidence to prove that a young man named John Beilby Barker, who was under age, had r*y voted at that election. Wm. Moore, sworn, said ; I was present at Okain's Bay as a scrutineer at the election for a County Councillor on the 16th November. I know John B. Barker, jun. I saw him receive his voting paper. He was the first to vote in Okain's. By Mr Henning : The returning officer A only asked Barker his name ; he asked no B other question. lam a ratepayer for the district. . *■'' Mr Connon then put in a copy of the registration of the birth of John Beilby Barker, from tho Registrar-General, Wellington. It was to the effect that the said John Beilby Barker had been, born in April in the year 1861. Mr Connon said that that was all the evidence he wished to bring forward in support of the petition. . . Mr Ilenning said ho would refer the Magistrate to clause 50 of the Local Elections Act, which gave cases in which the election of any candidate m became void. He saw none that would apply to the case before them. When HBftkthe roll was prepared in the first init was advertised as open for inspection, and any one could then to any namo on the roll. Once ,let tho roll be signed, however, and it became the basis on which the election' Was conducted. If rolls were allowed to be disputed they should have objections after every election, for few rolls in the country wore free from some error. If the name of a person was on the roll his vote must be takr-n. Ho produced the roll to prove the name of Mr J. B. Bilker, Jun., was there. In section 4C of the Counties Act there were two definitions of an elector. In the opening addiess of, he was going

to say his learned friend (laughter) he had laid great stress on the Returning Officer having the power to ask if the elector were 21 years of age, if asked to do so by the scrutineers. Kven if an elector were asked the question and gave a false answer, the election would not be affected, but the person telling the falsehood would be guilty ot" a misdemeanour, as could ba seen by referring to clause 40 of the Regulation of Local Elections Act. He wouldtherefore ask that the petition be dismissed. Mr Connon called attention to the final clause in the 50th section of the Act;

Mr McGregor said he wished to speak regarding the first objection in the petition, that the roll was not made up on " Tho Counties Act," and that certain persons were on tho roll who should not be there, and as they were proceeding under an Act, it was well to construe that Act strictly. The Legislature, under section 50 of " The Regulation of Local Elections Act, had minutely detailed every possible case ii.to which an enquiry could be held, and such an objection as that raised was not contemplated by tho law, and no provision was made for tho objection under the 6th schedule of the Act. If the Court were prepared to go into evidence as to the rolls being regularly prepared, on behalf of the Council. Mr Latter and himself were prepared to show that they were, and they held that since the 7th of June last, when the rolls were duly signed, they were practically incontrovertible. The speaker pointed out the inconvenience that would arise if a roll were allowed to be tampered with, as there was not one in the Colony to which some objection might not be taken, and defeated candidates would have continually opportunities of disturbing elections. The Magistrate said that he would reserve his decision till to-day (Tuesday).