THE CITY ELECTION.

Evening Star, Volume IX, Issue 2536, 3 April 1871, Page 2

THE CITY ELECTION.

To the Editor.

Sir, — The accompanying correspondence I place at ynnr disposal, and will.thank you to / have.the' kindness to publish it, in order that my supporters may ascertain that I have not' becnidlc in endeavor! g, to hying the ColtP : njal Secretary to understand thsit.l hold the G vernment responsible for the mistakes Of then public servants. I have also to inform my supporters that I have taken such action ns will bring the whole question of the, late declaration of the poll before the highest judicial authority in Utago for inquiry.—Yours, &c, Thomas Birch. Dunedin, April 1, March 20. Sir,—Prom the circumstance of so many irregularities having occurred in conncotirn with the elections since the appointment of Mr Burnside ns Returning Officer, I have reason to call in question'the official declaration of the poll on Thursday last of seven memb. rs elected to serve in the Provincial Council for the City of Dupedin. Several reports are in circulation which, if proved, in contemplation o; the ballot papers being correct, might place mo on the list of successful candidates... For my own satisfaction and the satisfaction .of, the public, I think a scrutiny of a’l ihp. ballot papers is required and will fed greatly obliged if you can inform me vvhat course I km required to take in order to secure a scrutiny, and whether I would he required to incur any expenses in prosecuting the same.—l'have,&c., ■ T. Birch. Hon. Colonial Secretary, Dunedin. Dunedin, March 29. Sir, —In reply to your letter of the 20th inst., I have the honor to inform you that, under the present law, the only mode, so far as I am aware, of testing the validity of the election of a member of the Provincial Council, in the cases to which you refer, is to proceed by quo warranto int'ormatiqn,, and that the proceeding would have to be conducted at the expense of the person applying for the quo warranto.— I have, &c., W. Gisborne. Thomas Birch, Esq., Dunedin. Dunedin, March 30. Sir,—l have the honor to acknowledge the receipt of yonr letter of the 29th, in reply to mine of the 20th, and from its tenor I am led to conclude that you have misapprehended my object in addressing you. I had been a'lrc dy informed that if I desired to challenge the right of any member to his seat, I must proceed in the, usual way; but I wished your assistance to enable me to obtain a thorough, complete, and impartial examination of the voting papers, in order that I might ascertain to what, extent irregularities had been committed before prpceep-in.g further on the imperfect information fiow m my possession. That irregularities have occurred calculated to shake confidence in respect to the correctness-of the returns, is a notorious fact, \rhich I submit respectfully justifies me in a ;king you, as a member of the Government, to assist rae : in obtaining an examination of the voting papers, in order to ascertain whether the returns bo correct or otherwise.—-I,iiave, &c, f . , ‘ T. Birch. ' -The Hon. William Gisborne, &c., &c., . . Dunedin. ■w i ; . v 30th Mar oh. ; • Sir,I—l 1 —I have the houorb to ; acknowledge the receipt of your letter ef this date, ask-

ing whether the Government:would a sist you in instituting an examination tor the purpose of ascertaining the correctness or the return of certain persons as members ot the Frovinc’al Council of Otago. In reply* I have to state that the law has prcscril eel the mode in which election* are to be conduced, and questions of thenvalidity can be judicially determined ; and any interference of the Executive Government in the matter is jealously guarded against. Colonial funds cannot, moreover, he used in the institution of legal proceedings against election returns, without the previous special authority of the General Assembly. ~ , Under the circumstances, I am unable to hold out any prospect of assistance from the Government in the proceedings’ which you may be advised to take against the return qt members of the Provincial Council. —I have, &c. W. Gisborne, Col. Secretary. Thomas Birch, Esq., Dunedin. Dunedin, March 31, Sir—After your reply to my letter of yesterday, it will he unnecessary for me- to pursue further correspondence with you regarding the late election for Dunedin. At the same time I am thoiouuhly convinced, notwithstanding’what construction the General'Govemment may choose to put on the powers of .Returning Officers, even when such powers may be construed into laches, I am nevertheless of opinion that Governments as indi. iduals are responsible for the good conduct and integrity of their servants ; and however much I may feel al ng with the public disatisfied at the—l must say un-ceremonious-—manner of treatment by those in authority, from whom alone I could astc redress ; still I am determined, on public grounds, to havo the validity of my protest inquired into ; and 1 further apprise you that, as the public, are desirous.of information, the correspondence which: has passed between the Government and myself I im tend publishing in one of our Dunedin papers. ~ r Thomas Birch. The Hofi. William Gisborne, Dunedin.