NEWTOWN LICENSING POLL.

Press, Volume LX, Issue 11493, 28 January 1903, Page 7

NEWTOWN LICENSING POLL.

PETITION TO UPSET THE ELECTION.

(PRESS ASSOCIATION TELEGRAM.) WELLINGTON, January 27. M the hearing of the Newtown licensing petition, counsel for the petitioner said the ground of objection to the poll might be eommarieed under thwe headings, two of which had not before been the subject of legal controversy in New Zealand. They —(l) The actual and true result of the poll was that three-fifths of the total number of voters who reeordeu their votes did not vote for no-Uoenee, and the total number of voters whose votes were recorded wa» mis-stated by reason of tihe omission to include tihe votes recorded, but which could not be counted because of their noncompliance with eectiod 128 of the Electoral Act, 1902; (2) thait a number of persons voted who were not entitled to vote, and that their votes must be struck off tie poll, and the result amended, or, in the alternative, the Troll must be declared void; (3) gross irregularities occurred in the taking of the poll, which tended to defeat the fairness of we election. It appeared upon a recount that a number of votes were excluded ac informal, and not counted in the total number of votes recorded. Counsel, proceeding, said the contention for the petitioners was tliot all the informal votes, except tie votes which were informal on the ground mentioned in sub-section 1 of the Act, should be included in the total number of votera whose votes were recorded. The clear poUcv of the Legislature was that a poll should! not have tine effect of diminishing tJ»e value of property unless at least tbxee-fiftihe of the votera who went to the poll and recorded their votes, plainly indicated such to be their intention. There was one exception only, and that was in sub-eeotion 1 of section 7, which showed very olearly again the policy of the Legislature to have a clear substantial majority. A number of witnesses were called, whom it was shown had voted at the poll, though they were under age, or lad been improperly enrolled on the electoral roll. Evidence was also erven of the deputy-returning officers having left the poliiDg booths for a time and , of irregularities in handing voting papers to the electors. The inquiry stands adjourned until Thursday.