BAY OF ISLANDS ELECTION

Dominion, Volume 8, Issue 2496, 24 June 1915, Page 7

BAY OF ISLANDS ELECTION

PETITION ♦ QUESTION OF COSTS ARGUED. By Telesraph.—Press Association. Auckland, June 23. The allocation of costs in connection with the Bay of' Islands election petition was i\rgued before Mr. Justice Hosking at the Supreme Court to-day. Mr. W. P. Eudean appeared for th« petitioners, and Mr. 3. K. Reed for the respondent, Mr. Vernon Reed, the unseated candidate. Mr. J. R. Reed said it was the rule in such cases for the winner to be awarded costs. There were however, exceptions, and he chimed that he was justified in asking the Court not to order the respondent to pay the full costs. In the first place there were nine charges against the respondent, and the fact of advertising them in the newspapers did him harm, • After t'ho lapse of a period extending from December 10 to February 24, the petitioners, by notice, abandoned four of the charges. During the hearing the petitioners withdrew two serious charges of personal corruption, one of them being directed against tho respondent himself. After the lapse of 4i months those charges were still kept' hanging over tho respondent. At the hearing tho petitioners failed on the charge that there had been attempted bribery by John Jacentbo. Further, the crossexamination did not reveal anything that could not have been known to petitioners previously. The clauses upon which the petition succeeded were alternative, and they were not matters on which there had been, auy real conflict of evidence. The matter had been admitted from- the beginning, and the question became purely and simply a legal one. Had the petitioners confined themselves to that '.question the petition could probably have been disposed of in a day. Mr. llecd contended that an allowance of half tho time taken up by the hearing would be adequate on account of the time which had been occupied in dealing with charges which were not upheld. Argument on the question of limitation of timo was heard at Wellington. That point had arisen in other election cases also, and special costs had not been allowed. Counsel quoted authorities in support of his contention that the circumstances wore special, and that the Court would be justified in departing from tho rulo applying to cases of an ordinary nature. Mr. Endean argued that before the case could be treated as exceptional tho respondent must show that there had been unjustifiable charges :>r vexatious conduct on the part of the petitioners. Ho submitted that they had succeeded on the main charge—the one which camo first—and the one upon which they relied. His Honour: How can any charge bo deemed to be the main charge until it had come before the Court? It is the prominence which is given at the hearing that distinguishes it as the main charge. Mr. Endean contended that they succeeded on tho charge relating to the offer fo a seat in the "Upfer House. Counsel said that the hearing of tho Hawke's Bay petition ha 1 occupied four days, and the Court had «liowed expenses covering eight days. Mr. Endean pointed out that the Bay of Islands petition difi'ered from the English cases bc-janse some of the witnesses were separated by 200 miles. More time was therefore occupied in carrying the petition through. His Honour intimated that he would reserve his decision and notify the result from Wellington.

A RHEUMATISM CUKE AT LAST! No matter how Ions; you may have suffered from rheumatism, you owo it to yourself to try RHEUJIO. It goes to the blood and removes the uric acid—the cause of the disease. The gradual easing of the pain as the excess acid ifl expelled from your body, the subsidence of inflammation and reduction of the swelling will come as a blessed relief, as it did to those who tried other "cures" without avail. Read what Mr. Henry Bristow, of Port Ahuriri, writes:—"l experienced the pains of Rheumatics or Rheumatic t.iout, and for. eight; or ten weeks had to take to my bed. My sufferings were very Severe. s0 bad in fact that even "Hie closing of a door would make my heart jump. Having heard about RHEUMIJ I decided to try it. I am very pleased to say that I got relief and was soon able to get aboilt and follow my occupation If anyone would only take 'RTTEtJMO' as soon as they feel any Rheumatic pains, it would, to my mind, suve oft a long illness." RHi.UMO is a proven cure—it brings relief where otli'ts fail. 2=. (id. and Ji. bottle.—Advt.

Woods' Great Peppermint Cure, Fos Coughs aad Colds ftever fails. Is, 6dA