The Awarua Case.

Feilding Star, Volume XIX, Issue 101, 26 October 1897, Page 2

The Awarua Case.

MR WARD WINS HIS SEAT. (Per Press Association.) Wellington, October 25. Mr Cooper, addressing the Conrt, contended tbat the Electoral Act of 1898 contained nothing disqualifying an undischarged bankrupt from being acandi date, or to hold tbat the seat afterwards became vacant, because of the bank raptcy prior to the election. It would lead to this absurdity, tbat a person could be Talidly elected for an indefinite number of times, but conld never take his seat as a member. The whole current of legislation showed tbat Parliament considered the question one for the constituency, and the Conrt could not hold that the seat was vacant, without reading something into the disqualifis cation clause, which would not be found there. Mr Cooper concluded his address just before the Court rose for luncheon. Later. Mr Golly, as counsel nominated by the Speaker of the House, submitted that the argument for Mr Ward amounted to this, that if a person became bankrupt the day before an election he could hold his seat, but if on the day after, then he immediately entered upon a period of disability. This was an absurdity which should be avoided if possible. During the period of bankrupt's suspense he wan practically at the beck and call of the assignee. He submitted tbat a vacancy was contemplated by the statute to occur immediately on the election, and not afterwards. Whether it was intended or not, the words used meant tbat the status of bankruptcy, if in the election for a vacated seat the electors chose to give their votes for a bankrupt, their votes were practically thrown away. Mr Cooper having replied, the Chief Justice, after a conference with the other members of the BeDcb, intimated that the Court was unanimously of opinion that the seat of the member for Awarua in the present Parliament bad not become vacant by reason of the facts stated, and that a certificate to that effect would be forwarded to the Speaker of the House as soon as possible, as required by the Act. His Honor further intimated that reasons for the conclusion of the Court would be given in writing later on. The Court fixed costs of those acting for Ward at seventy guineas, and of those acting for the Speaker at forty guineas. These, the Act provides, shall be paid out of moneys to be appropriated by Parliament.