THE RIGHT TO VOTE.

Dominion, Volume 2, Issue 565, 21 July 1909, Page 5

THE RIGHT TO VOTE.

AN IMPORTANT JUDGMENT.

.. /(By Telegraph.—Special Correspondent.) ! ' Auckland, July 20. An - important jndgment "was given in the Otahuhu. Police Court this morning by Mr. H.;W. Northcrofti/S.M.i ill connection' 1 with the'caSo'reoeotly heard in whioh .the 1 right-of the 'Pakatoa ;Islandcrs ti. vote at.the: general election .was, challenged. V Mr;, R. , X. Mooay appeared ' in;. support: 'of ! the application, in which >ij;; was to-,have the names" of those confined' oh. the, island -removed from the., electoral', roll; on. the' grounds that they are ineligible, having been /convicted of an offeiice .for- which-they might bo imprisoned for'-a'. : period' of 'twelve'" months/: Mr/. . R. M'.yeagh: appeaied^"to object to the application, : and' his contention >as that- those whose names/were on the roll were never guilty of an' offence' for which' they could have town imprisoned for. twolvo months, the maximum penalty for'-drunkenhess ibeing: the period lof three months. ..

■Mt.' ;Northcroft, -, after, a lengthy summing-up of •the -facts of' the. case,' said-the question to : he., determined' was: Were .the. persoiis whose - names : Trere entered -on the roll as before^mentioiied'■ qualified to:be registered as electors , for / the /district, 0f..; Manukau ?/•:In bs 'opinion .they were prisoners;' and' were not qualified to ■ ■ be. registered ■ as - electors) -,'and their -names otight not to have b^en"entered oh' theroll. ■ This ; he : thought waß ■' clear thai 'those. of : the' claimants who' claimed eprdlment/tinder;,Section 43' did not possess part,; at anYrate, of the qualification recpi&«d by -that section/. Hey did- not- reside in the aistriot • within the meaning of • the Act, bjxt/were brought to the institution :in custody from: without the district against their will, and by compulsion of law, that'is, under a / warrant or order of commitment issued under Section 35 of the Police Offences Act, 1908. They were practically prisoners, detained or, imprisoned as convicted offenders by process of law. With regard to those claimants who applied'to-be registered under Section 42 of' tne' Act,, the same objection applied. . They .had never resided -within the district/ It was also clear that the claimants carbo under Section 38 of the Act. They .were all convicted of an offence punishable under Section 35 of the Polioe Offences Act of 1908, and were duly, committed to the institution,. some of them ■ for one year, and others for a longer period. For these reasons he was of • opinion that the names of the persons objected to should not haVe beein entered on the roll, and he accordingly orderod their removal therefrom.