ELECTORAL NOTES.

Evening Star, Issue 4027, 22 January 1876, Page 3

ELECTORAL NOTES.

Although Messrs Hislop and Shrimski were at the head of the poll for the Oamaru district, it seems pretty clear that the former cannot legally take his seat, and that there is a strong presumption that the legality of Mr Shrimski’s return is doubtful. By the sth clause of the Disqualification Act, 1870, it is enacted that “no person, except as hereinafter provided, accepting or holding any position, commission, or employment, permanent or temporary, under or from or by or at the appointment or nomination of the Crown or Governor of New Zealand, by virtue of his office as Governor, or at or by the nomination or appointment of any officer of the Governor of the Colony of New Zealand, by virtue of his office, to which 4-ny salary or fees, wages, emolument, orprofit of any kind is attached, shall be capable of being summoned to, or of holding a seat in the Legislative Council, or of being elected to serve as a member of the House of Representatives, or of sitting and voting as a member either of the said Council or of the said House during the time he holds such office, occupation, or employment.” The 10th clause states that if any person thus disqualified or declared incapable of being a member of the House of Representatives is elected and returned as a member of the said House, his election and return shall be null and void. And the 12th section declares that any person disqualified or declared incapable of sitting and voting on the Legislative Council or House of Representatives by any of the provisions hereinbefore contained shall sit or vote therein, he shallthercby forfeit the sum of £IOO for each or every day on which he sits or votes, which sum may be recovered from him by any person who may sue for the same in any Court of competcn t jurisdiction in New Zealand. Mr Hislop’;,■ election is consequently void, as he was at the time of his election Crown Prosecutor for the Oamaru District Court, and Mr Steward must be regarded, as the elected member. Mr Shrimski holds the appoint meat of auctioneer to the Waste Land Board, and as the Waste Lands, allhou-di Provincial revenue, arc held as Crown pro perty, he seems to fall under the same disability. We observe that the ‘ North Otago Times’ of yesterday supports us in our view. Ourcontomporary says not only did Mr Hislop actually Laid the office of crown prosecutor at the time of the election, but he has since continued to hold it, and at yesterday’s sittiim of the District Court appeared in his robes and acted as crown prosecutor; clearly, therefore, he was, in the terms of the Act, ineligible for election. As to what will happen in the event of our opinion proving correct, it is a moot point whether a fresh election would, or would not be necessary. The nearest parallel case that we remember, at the moment, is that of John Mitchell, who was elected fur Tippcrary, but was disqualified to sit; in which case the next candidate at the polliim became the member; and in the case of tho petiuou against Sir David Afonio’s return, VI t ' l '' pel it ion being sustained, Ah' Lhuvh.:. Parker took the scat of the ousted member, without any fresh election. Lnt in tin; event of its being held that a fresh election must take place fur Waitaki. the awkward part of the business, is that there being no Speaker, the members cannof resign, nor can their election be declare; null and void until the House has met and elected a Speaker, and then new writs would have to be issued ; and for a mouth at least Waitaki would have im sitting members. Cns is the more unfortunate, as’ in all mobamhtv the great political battle will be fought m the early part of the session. Altogether, it is a very pretty kettle of fish. 1.-AV OF ISLAVD'j ra j-f TTOV The complete ictunw give Wiilia.mr, 2i>-5 ; Luadon, 196.