ELECTION PETITION RE NEVIS BIDING.

Dunstan Times, Issue 770, 19 January 1877, Page 3

ELECTION PETITION RE NEVIS BIDING.

A Court was held before W. L. Simpson, • Esq., R.M. at Cromwell, on Friday, January 12, 1877, for tho purpose of inquiring into the matters alleged iu a Petition filed by Robert Smith and Edward Thompson, Electors, and Edward Alfred Drury, a Candidate, against tbo election of Charles M’Konna, as County 'Councillor for Hie Nevis Riding, Vincent County, on tho 22nd December last, praying that the Election might bojdcclared void. The following wore the grounds stated:— 1. That tbo Polling Booth was holden in promises belonging and connected with a house duly licensed for the sale of spirituous and fermented liquors. 2. That the said Charles M'Konna is not, nor 4 has he been a resident for the space of two months immediately preceding the Nomination of Candidates for the Nevis Riding, situate within the District of Vincent County. 3. That’intimidation and threats of violence were used, which were calculated to prevent Electors from polling. 4. That irregularities occurred in tho proceedings, which tended to defeat the fairness of tho election. 5. That tho said Charles M'Kenna is a resident of Bannockburn in the Kawarau Riding. 6. That tho’Jßeturning Officer for Bannockburn, Kawarau Riding declared Vincent Pyke, Esq., to be elected therefore. 7. That irregularities occurred in the election, which in the opinion of your Petitioners tended to defeat the ■fairness of the election. 8. That persons signing a requisition to the said Vincent Pyke to stand for Kawarau Riding, and he being unopposed, travelled and came to tbo Nevis Riding, and recorded their votes without any notice or intimation that such a (reprehensible) course or practice would bo adopted or resorted to. And we pray that an enquiry may be made into the said election under the provisions of “ The Regulations of Local Elections Act, 1876,” and that the said election may be declared to be void. Mr Drury appeared to conduct the petition ; Mr Wilson on behalf of MrM’Kemia. Mr Wilson took objection to each paragraph as follows : Par. 1 —Ho objected that, allowing the fact to be as stated, it was no ground of objection under Sec. 50 of Regulation of Local Elections Act, 1876; but only a ground of complaint against tho Returning Officer.— Mr Drury having replied, the R.M. said he would inquire as prayed. Par. 2.—lt was objected that nowhove in the Act Was it required that a candidate must reside iu the Riding.—On argument the R.M. overruled the allegation. Par. 3. —It was objected that the allega- ! tion was not in the words of the Act; and it it was, it must be specially alleged by giving names and circumstances, so that Mr M ‘Kenna could know what facts be had to meet.- Mr Drury contended that no such particularity was necessary, and that the closer the words of tho Act were adhered to the better.—The R.M. ruled that, in every case which constituted a specific ground of objection under Sec. 50 the facts must be categorically stated, aud refused to hear the evidence bearing on this par. as framed. Par. 4. —It was objected that under all oirouinstanccs the facts must be clearly' stated ; but the R.M. hold ho could inquire into “'otter” Irregularities although not specially alleged. Par. 6.—Objected to as irrelevant. —Objection sustained. Par. 7.—Was objected to that if it referred to thq election for Kawarau Riding it formed no part of the inquiry ; and if to that of Nevis Riding it was only a repetition of par. 4.—Mr Drury, after argument, waived this par. Par. 8. —lt was objected that it disclos'd no objection, and that it did not appear but that the persons alluded to had only exercised a legal right.—Mr Drury strenuously contended to the contrary; hut the R.M. held that no objection appearing on the par. as framed, he could not inquire further. Messrs E. A. Drury, E. Thompson, and J. Marshall (the Returning Officer) wore then examined. It appeared from their 1 evidence that the election was hold in a room adjoining to an hotel; but having a separate entrance from the road, and no internal communication with the other buildings, of which it formedene end. The Returning Officer also stated that being ignorant of the locality before that time, ho Rained the Election Notice from previous ones for Provincial and other elections, and found, when ho went to the Nevis, that the “ Canvas Tent ” he had advertised was, in fact, the identical room iu which previous elections were held. It was not shewn that the electors had in any way been influenced by the proximity of a public house, beyond this, that persons connected therewith had sent messages to minors at a distance requesting them to come and vote : nor to whom tho room belonged. Stress was also laid upon the fact that no public notice, as required by tho Act, was given of the rctiromentofß. Little, a candidate nominated, and for waut of such notice the votes were necessarily influenced. Rut no instance of any influence was adduced ; and the Returning Officer stated ho had given public notice by affixing a writing to tho Town Hall, in Cromwell, immediately on receipt by him of tho notice of withdrawal. After short addresses by Mr Wilson and Mr Drury, his Worship said be would take time to consider whether those two facts tended to defeat the fairness of tho Election,” and would give his decision on tho 19th inst. (to-day).

It is odd that a lamp post with its lamp taken away is a lamp-lighter.