MATAURA LICENSING PETITION.

Press, Volume LX, Issue 11489, 23 January 1903, Page 2

MATAURA LICENSING PETITION.

— ,4»'——.— TB£ CJOURTS DECISION

(SPBCIAI TO "THE PBBSS.") GORE. January 21. The evidence effered to-day in opposition to the petition oanaieted mainly of testimony contradicting tbe allegations made as to the late opening of tlie Waikawa and Otamita booths, end as to the want of eecreey afforded by the arrangements .-t Fine Bush and Edendale in the morning. Mr Adams, who appealed for tbe NoLioenab party, raised & preliminary objection to the manner in which the Court of Inquiry fead been constituted. He mentioned that the notice published in the Matwura "Ensign" under the hand cf the magistrate, appointing a day for the inquiry, had been published before the petition was filed, and argued that all the proceedings token prior to tihe actual filing of the petition were null and void, and therefor* there was legally *io inquiry. The Magistrate eaid be would decline 1o cit in judgment oa his own action, but if Mr Adame cared to panrue the point in the Supreme Ooirrt be would file en affidavit. At the conclusion of the evidence Mr Adatts addressed tbe Court at oonsideiuble length on tb« law ooirtts. He said the magietrate muet approach the question with great oare. To dedans a Parliamentary election void was a eeriom matter, bat it we* more co to set aside tie voice of the people in the licensing question. He contended that tit* term "poll" meant the operation of according or reoeiving votes, and not a place, and that Hie allegations as to the poll being closed too soon or open too fat* at different booths did sot conetdtote definite gnmnde for setting aside the election, but were merely irregukmtie<?. The poll meant a poll far the whole electorate, «ndt to be closed too booh would mean tihat all booths were closed too soon, not merely several of them. Counsel referred to ihe other irregularities alleged, and said absolutely no grounds had been snostantiat*d to warrant the Court taking the extreme ecarse of decknng the poll void. After tie aevea o'clock adjournment Mr Hocking opeoed for the petitioners, fie said that the question fox hie Worship to decide was on all foam with the election

sole question da the present oase was whether the poll had 'been taken according to law. Hhe leading of -tJ» Act Mr A dome sought the Court to accept was it most bo an irregularity that defeated the fairness of ijhe poll. What lie submitted was tbe only interpretation that could be placed on tibe section -was thai it must be an irregularity wbkih in its effect had a tendency to defeat the fairness of the election. The object of tbe regulations of the Local Elections Aot was not merely for determining that an election wae held, but to chow the parties concerned vrihai th»y had to look to in OMkhictdng an election. On the question of time, counsel submitted that the Hedighope incident, where it was ehown that the returning officer arrived half an hour late, was fatal. A. poll could only be opt» if the electors liad the opportunity of recording fcbeir votes, and , tihe law required the poll to be wholly oP?Oj_ and aot partially open, throughout the electorate. Decision was icserred, and the Court roee shortly after 8.30 p.m.