ELECTION PETITIONS

Dominion, Volume 8, Issue 2395, 26 February 1915, Page 6

ELECTION PETITIONS

, TAOMAKUNUI & HAWKE'S BAY IMPORTANT DEVELOPMENTS BIG QUESTIONS OF ELECTORAL LAW MR. JENNINGS IN THE WITNESS-BOX

(Bj Telegraph,—Special Reporter.) Te Kulti, February 25. Further interesting and very important developments in the Taumamnui election petition caso were announced when the Election Court resumed this morning, for it now transpires that two big questions of electoral law have to be .decided by Courts other than the Court before which the petition is berng heard. These Courts will sit in Wellington on or about March 22, and a special Court will consider whether or not the petition was lodged late. In the other instance the Court of Appeal will consider whether the fact that a person is enrolled is the final word on the question of the right to vote or whether, for any reason, an elector can be removed from the roll. The petition is against the return for Taumarunui electorate of William Thomas Jennings, the Opposition candidate for the seat, and the petitioner is Charles Kendall Wilson, the' Reform member prior tj> the election. '• The Judges hearing the petition are Their Honours Mr. Justice Cooper and Mr: Justice Chapman. Mr. A. H. Johnstone is counsel for the petitioner, and with him is Mr. J. Sharpies. Counsel for the respondent is Mr. G. P. Finlay, with-whom is Mr. Vernon.

Special Court on Big Law Point. Immediately the Court resumed, His Honour Mr. Justice Chapman said that there were two matters which it was necessary to mention. First, in connection with-Mr. Finlay's contention that ■ the petition had been /lodged too late to secure its consideration, it was quite clear that the'same question had been raised respecting the Bay of Islands petition. A special Court would sit in Auckland to determine this question, and Their Honours suggested that they' should not consider the question raised until the Court sat in Auckland. The Court would consist of Their Honours Mr. Justice Cooper, Mr. Justice Chapman, Mr. Justicfs Hosking, and possibly Mr. Justice Stringer. "We propose," continued His Honour, "to sit for the purpose of hearing the Bay of Islands petition, the argument being on the authority of the Wairarapa case and the ground of striking out that petition. We suggest that the counsel in this case should, if they desire to do so, have an' opportunity of- re-arguing before that Court the question, which is a very important one, raised bj; Mr. Finlay. Mr. Reid, K.C., and a junior will appear in support of the 'motion to strike out the Bay of Islands petition, and Mr. J. C. Martin will appear in opposition.. We leave' it to the counsel in this case to determine if they desire to attend or to'say'if they desire to retain Mr. Reid and Mr. Martin."' '

Mr. Finlay: I shall be delighted to attend. Mr. Johnstone: I also shall take advantage of tho, opportunity. The Crave Question of Enrolment. The law question as to whether the rolls were conclusive on the subject of an elector's right to vote was then mentioned. ' '. •• Mr. Justice Cooper: In the Napier, caso the same question has been raised and the couusel have agreed to send it to the Court of Appeal. We suggest that you should do that. _ Mr. Justice Chapman: It is' a question'.of the utmost gravity to the whole Dominion. Mr. Justice Cooper: It is a question •whether the decision, in the'Whakanui case has altered the law. (The Wbakanui case was: heard about thirty-five years ago.).; Mr. Justice Cooper:, We suggest that you should take this course. If you do not we shall certainly reserve our decision until after the decision of the Court of Appeal. Mr. Johnstone: I have no objection. Mr. Justice Chapman: You can realise that we could not possibly run the risk of conflicting with 'the Court of Appeal , hy taking the chance of anticipating _ its decision. It irould be. Gilbertian., '

Mr. Justice Cooper: And this is & qnestjon which has • been definitely removed to the Court of Appeal. Mr. Justice Chapman: The question will arise in all the cases except possibly the Northern Maori case. Mr. Finlay : There is no question that whatever' the decision on those words "illegally enrolled" it will be the crucial question at future elections.' Mr. Justice Chapman: Certainly, it will. - , Mr. Justice Cooper: The case will be very well argued, for on the one'side there will be Mr. Skcrrott, K.C., and ou the other Sir John Findlay, K.C. '• Mr, Young's 600 Papers and Mr. : Jennings's Status. Mr. Justice Cooper mentioned . tSwv matter of the voting papers presented by Mr.'Young. Mr. Justice Chapman: That is an unknown quantity. We shall have, to consider what presumption must be applied because we could not probe the thing to the very back without hearing 600.or.more witnesses. Mr ; Justice Cooper: Here is a bigger question which we can, under Clause F, Section'l96, deal with—the question of the block of voting papers, some six hundred odd, and make presumption. We express no opinion as to what pre,sumption should. be placed upon that, but- if the 'Whakanui decision is good law under our (present statute, probably we will be'prevented from inquiring; but it is not good law that grave question is open and wo must, consider that question, and we will, before we go on with the quetsions of fact, go into this question of whether we can go behind'the printed , roll. Mr. Justice Chapman: There is also the matter of Mr. Jennings's status. • Mr-. Justice Cooper: Tliajfc is an important matter. .

Mr. Justice Chapman: Oh, yes, that is n. most. important matter. Mr. Justice 'Cooper:' We •think' the Court of Appeal should settle the law first. It is the one question in both places, and the probability is that the Court, of Appeal will take the cases together. Mr. Finlay: If the Whakanni case is Rood law to-day.then the petition must fail. Mr. Justico Cooper: Oh, I did r.ot say that,'but you. see .how vital the question is. Both counsel agreed to th© swages-, tion, but later in tho day Mr. Justico Cooper announced that owing to tho unreadiness of counsel, the special Court would not sit in 'Auckland on Monday, but would sit in Wellington 01 about March 22, and tho position now is that tho case mil be adjourned probably to-morrow to Wellington. Where Did Mr, Jennings Live? When evidenco was proceeded to, William Thomas Jennings, tho respondent in the case, was called. Mr. Finlay: Your postal address is Grand Hotel, To Kuiti? .\Yita ap s: Thai is sow .

Mr. Finlay: Yon were a candidate at the recent election? Witness:- Yes. Mr. Finlay: You were a candidate in 1911, also, and were unsuccessful? Witness: I was. ,Mr. Finlay: And for nine years previously you represented the district? Witness: Yes., Egmont and Taumarunui. There was an alteration of' boundaries. Mr. Finlay: After your defeat in 1911 your time became your own? Witness:. Yes. _ Mr. Finlay: How did you earn your living ? Witness: 'I was frequently, writing 'for newspapers published in various parts of the Dominion. Mr. Finlay: Where were you living ? Witness: Practically travelling over the electorate. Mr. Finlay: Of necessity, where were you living?-. Witness: Mostly in the Grand Hotel here, and in Taumarunui with a friend of mine. Mr. Findlay: How many visits did you pay to New Plymouth? Mr. Justice Cooper: Wait a minute. We had better get an additional fact. Where did your wife and family live? Witness-explained that they lived in New Plymouth some of their time. Mr. Finlay: Now, how often did you go to New Plymouth? Witness gave several instances of visits made for special reasons. Mr. Finlay: You have been practically entirely working and engaged in this district?, Witness: Yes; and I might say also that I was engaged in seeing about a road contract in this district. , Sir. Finlay: Have you ever had any settled occupation in these three years in New Plymouth? •'

. Witness: None whatever. In 1911 a large requisition was presented to me in New Plymouth to stand, for the Mayoralty, and l I refused as I said 1 was going to reside in the King Country, and was going to contest'the Taumarunui seat at the election. /1 gave the same reply to a deputation which waited on me a little while ago. Game of Hlde-ahd-Seek. Witness added that he wished to get away from New Plymouth for various reasons. Certain things were distasteful to him, and there was small chance of obtaining work unless one was connected with some firm. He 'had intended'to bring his wife here. Mr. Finlay: Your wife did not come? Witness: She wished to have the two younger children educated. He added that there were certain • other ties. However, Mrs. Jennings put into iho hands of a sales, agnet the New Plymouth property which had been left him by his uncle. ■Mr. Finlay: Well, then, you lave given us the reasons for your , wife and family not doming hero? Witness: Those''are the'reasons. . Mr. Justice Cooper: And I suppose there is also the reason that your wife failed to sell the property and so lived there rent free? Witness: That was the principal Teason. Proceeding, witness said that he came into the electorate on his campaign on October 7 or 9, and he mads nis first speech on October 10. From November 15 till a day before the declaration of the poll he never left the electorate. Mr. Finlay: When did you return? Witness: When I heard of the petition. . Mr. Finlay: I don't suggest any wrong, but after that the petitioner was looking for you to serve the petition on you, and you were looking out for him, and you played hide-and-seek ? Witness: Yes. In reply to other questions; witness said that with respect to residence in the electorate he had once, some little while back, entered into negotiations for the erection of a two-roomed house, but the venture had not materialised.

Mr. Finlay: What was your relationship, with Young?' Witness: I hod none whatever. Mr. Finlay: He hae not offered you any assistance? Witness: None whatever. Mr. Finlay: You always recognised him though as a leading Liberal? Witness : I always recognised him as what I.might call a leader of progressive thought. (Laughter.) Mr. Justice Cooper: As what? Witness: On second . thoughts, I should say that I recognised him as an advanced thinker.. "On one occasion," said witness, "I told him I did not want , him to do anything for me.". • Mr. Finlay: Any reason for that? Witness: I had had experience of him in the previous election, and. L'heard that he was associated with another body_ dealing with special work' in the district.

Mr. Finlay: Yesi nominate it. Witness: The Licensed Victuallers' Association. Mr. Finlay: Did you do anything beyond that? Witness: Yes. I wrote to Mr. Hull, the president of the Liberal League, and. to Young, stating emphaticallyithat I did' not want Mr. Johnstone (interrupting): Hare you got the copies of those letters? Witness: No. , Mr. E'inlay: Did you take any other action? ' ■ : Witness: I did.;' I had an advertisement put in the '-'King Country Chronicle" disclaiming any connection between the Liberal and Labour League and the Liquor Trade. I had some No-License friends, and representations were mado to me. Mr. Johnstone: Who inserted the advertisement? Witness: Mr. Aldridge, the Liberal organiser. Mr. Finlay: Did Young do any work for you on the day of the election? Witness: None, • beyond giving his goodwill. Mr. Findlay; Mr. Wall has suggests that Young marshalled motor-cars for you that day. Witness: I had no cars running for mo on election day. Mr. Finlay: When thanking the people on election night, did you.mention Young? Witness: No. Someone in the crowd shouted "What about Jim Young?" and I.said, "Oh, he's all right." Mr. Finlay: Do you ever remember having had the conversation respecting Young which Mr. Schramm, the Registrar, has sworn took place between Mr. Schramm and you? - Witness: Absolutely I deny having had that conversation'. . Mr. Finlay: Is there aaiy other matter in which you think Mr. Schramm is in error? 1 Witness: Yes. Where he swears:that I wont into the room several tinios when the scrutiny was being held. Witness added that he was only in the room once, and that for about five minutes. Finally Mr. Cochrane, . a scrutineer, said that witness had no right to be present, and Mr. Schramm said; had better leeMj-.tha jgjwu,'- 1

Still Seeking Mr. Jennings's Abode. Mr, Johnstone: Is your name on any other roll than Taumarunui? Witness: Not that I know of. Mr. Justice Cooper: We may take it that you are only on tho Taumarunui roll and. that you were transferred here from Taranaki. Witness: 1 don't deny that. Mr. Johnstone: Mr. Boddie says that you' went, into a booth at To Kuiti. Witness: I deny that absolutely. Mr. Johnstone: Mr. Boddio is the Mayor of tho town. Witness: 1 would not caro'if he was tho King of England. Mr. Johnstone: None of your plans re newspaper employment materialised. Witness: No. Mr. Johnstone: How many articles' did you write on tho progress of tie King Country ? Witness: Possibly ten. Mr. Johnstone: Over what period? Witness: About eighteen months. Mr. Johnstone: How long were you engaged over that road contract? Witness: Probably a month. Mr. Johnstone: You were a nomad? Witness: Yes, like a lawyer who has to come here from New Plymouth. Mr. Johnstone: You had no settled home within the district? Witness: Practically I had. a home with Mr. and Mrs. M'Grain at Taumarunui whenever I wanted it. • Mr. Johnstone: You have always regarded New Plymouth as your home? Witness: I don't say that. Mr. Johnstone: You have never removed from there? Witness: It is my wife's home. Mr. Johnstone: But you live together and are on good Witness: Thank God, yes. Mr. Johnstone: I don't suggest, of course, that you do' not live on. good terms. You understand that, of course. Witness: I put it that way because scandal has been set around. Mr. Johnstone: I did not refer to anything of , that kind. Witness: I have a right to protect my home when it is assailed; Mr. Johnstone: I did not assail it. Witness: Let it drop, then. Let it drop. Mr. Johnstone: I think your petition to the House respecting the Waitara Harbour was' signed "W. T. Jennings, New Plymouth." •Witness: I believe it was. _ - Mr. Johnstone: Did your wife make any effort to let the house in New Plymouth? - Witness: No. ■■ _ Mr. Johnstone: Did you make any'attempt to rent a house in this eleotorato? Witness: No.; I would sooner live in a tent than rent a house.

Mr. Johnstone: Did you try to erect a house on your section at Ohura ? Witness: I tried to raise the money and was unable to do so. Mr. Justice Chapman: Where did yon try? Witness: I went.to Wellington and tried to raise it under the Advances to Workers Act, and was told that I could not. , ' Mr. Johnstone: Yon went back to your home in New Plymouth after the petition was served? . Witness: I did. Mr". Johnstone: Yon also went home after the election and . spent. Christmas there? . Witness: Yes. Mr. Johnstone asked the witness if the report was oorrcot which appeared in a paper circulating in the Kimi Country to the effect that in a speech made by witness after the election, .he said that they" (he and Mrs. Jennings) had_.mado up their minds to move from ■New. Plymouth and that Taumarunui would, ho thought, be their future home! Witness said that it was not correct. • Mr. Johnstone: Well, is it correct to sav thai on that occasion the Mavor said'ho hoped Mr. Jennings would decide to. reside here and_ assured Mr. Jennings that he and his wife would be warmly welcomed? Witness: He wanted a drink, I think. 'M r - Johnstone: When did you first get to know Young ? ' Witness: About ten years ago. Mr. Johnstone: .1 put it to you that .he is now arid always was a prominent supporter of the Liberal canse, and you were intimate with him ? Witness: Yes, in the early part of our acquaintance. Mr.' Johnstone: You frequently discussed politics? - _ Witness:* Sometimes, bnt we get tired of politic?.. Mr. Justice Chapman: 'And you have taken to .law-instead.

Mr. Johnstone: Ton knew tliat Young was associated with. tie Liberal and' Labour Federation? Witness: I understood he was connected with the Socialist movement. Mr. Johnstone: Did the Sooialist vote £0 for you? Witness: I hope so. I wanted all the' votes I could get. . Mr. Justice Chanman: You could not throw away allies? ; Mr. Finlay: You consider yon made itperfecdJy clear that' yon did not want to have anything to do with Young? _ Witness: Certainly. He lost my election for me in 1911.' Was the Voting Done Secretly? John Francis Walsh, .who represented Mr. Jennings at the scrutiny, declared that anyone wlio said that Mr. Jennings was in the Tooni during, the scrutiny from three to five times was telling a deliberate lie. He recollected that Young attended one or two. meetings of. Mr. Jennings's committee. Alfred B. Sladden swore, that' Mr. Jennings was only once m the room during'the scnitiny. Thomas do Vere Hunt, Returning Officer at Maliirakau, deposed that it wa« not correct to state that the Mahirakau booth was not opened 'till 9.30 The fact was that the booth was opened at two mjnutes to nine. He was satisfied 'that the polling at his booth was secret. There was no comnlaint. •To Mr. Johnstone: He agreed that the provision at the booth was inadequate. \

Other witnesses swore that they considered that the voting at Mahirakau was, done m secret. One witness, who though that the; voting' was secret was asked what would -have happened Had he looked over the shoulder of a mail who was in the act of voting. Witness (with a very Irish acccnt): Sure, he might knock me down. A number of witnesses were called by counsel for: the respondent, whose evidence bore on the question of alleged dual voting. The witnesses deposed that they had voted only once. William Edward Taylor, who marked a roll for Mr. Jennings at the Courthouse booth, stated that he did.not see Mr. Jennings enter the booth. .