THE WAIKOHU PETITION,

Gisborne Times, Volume XXV, Issue 2121, 2 July 1907, Page 4

THE WAIKOHU PETITION,

Tho hearing iof tlio, p’otition of \V. 1C Chambers and others, “against tho return of W. D. Lysnar for the Waikhhu' Riding for tho County Council, was, commenced at tho Courthouse yesterday morning, before Mr. liar ton, Mr Stock 'represented tho petitioners and Mr. Goo. Lysnar appeared for Mr. AV. D. Lysnar. Mr. Stock explained that ho had onh* been engaged half an hour previously, and dos-"d an adjournment,to go into tho oaso, tlio Magistrate to fix a. date. Tlio deputy returning AllVcor of Whakarau was at present in Napier. He understood that. tho Act required tlio 1 hearing a fortnight after the oletion, but ho asked if tlio reading of tlio petition and tho formal opoViing of tho case would not comply with tlio Aot. His Worship said that was so. Ho took excoption to tho late appointmont of counsel; it should liavo been done long before. , , , Mr. Stock imtimatod that ho was of tho same'opinion. l\lr. Lysnar very strongly opposed tho adjournment ns there had boon ample time for tho appointment of Counsel Tho position was that Mi .V\ . D. Lysnar had boon • duly-elected and had taken his seat on tho Council, and there were certain matters ho wished to be present m connection with, and if tlio hearing was postponed another eleotion could not take place in time. Then it would bo too late for which notices of motion had been iriveil. Counsel bad no objection to an adjournment till the nftornoon 01

the following morning. , Mr. Stock, in reply to Mr. Lysnar b contention, said that- as defendant had taken his sent on the Council, lie could still go on doing so. If he were still prevented there would Le force in his Counsel’s argument. He was really sitting on the Council now. The ballot boxes wero not sent, and no .poll was open or held, it thus appeared that, the boxes aud rolls had not been received. II this wore admitted the case could proceed. Mr. Lysnar, however, did not see his way to make this admission. His Worship asked if Mr. Lysnar could admit- this. If not Mr. Stock asked that the hearing bo adjourned

to enablo him to give evidence. Mr. Stock stated that he had evidence that the ballot boxes were handed into the Post Office and receipts of registration were issued. The Cliiof Postmaster communicated with the County Council on the day they should have gone and advised that they were still at his office. His Worship said that that was the case beyond all doubt. Mr. Lysnar suggested that he would agree to lot the cfl*e stand down till 2 p.m., and he would make inquiries. He would like Mr. P. J. Sefton tho returning officer for Te Karaka to appear. - Mr. Stock stated that an urgent wire had been sent, and he would say that he received no ballot boxes. His Worship said that if that was admitted there was no necessity for

him. , . • , , Mr. Jjysnar thought it ivould uc as woll to have him, as there may be other things. Tlio adjournment till 2 p.m. was granted to allow Mr. Lysnar time for consideration. Mr Stock had the rigli siderataion. Mr. Stock had tho right of asking for a further adjournment. Upon resuming at 2 p.m. Mr.

Lysnar said ho had inquired at? t,ho Post Office and was told that the boxes did not go forward. After argument ho admitted that tlio three booths, Rakauroa, Whakarau and

Motu, were not open. Mr. Stock stated that on the Ist ult. the election was held, the candiatos being W. D. Lysnar and E. M. Hutchinson. Through some mistake the ballot boxes were not sent and thus at these three booths there was no voting. At the election 250 were the total votos, 143 being given for Mr. Lysnar, and 111 for Mr. Hutchinson; two were informal .Fifty two voters, having 101 votes were disfranchised, and the election does not represent the electors and it was not incumbent on him to shpw how tho remaining electors would go but he had. to show that there were more voters than would cover tho majority. He referred to the Akaroa election where the poll should have closed at 7 p.m. but the returning officer closed it at six. In this ease they were closed all day and 101 votes might have been recorded. He called. John Warren, clerk of the County Council, who produced the official roll of the electors for the Waikohii riding. The names of I. McSaveny, Geo. Rideout, J. B. Clark, J. A. Caesar, W. K. Chambers, Dudley McKenzie, P. M. McLoughlin, James Me Gredie, and R. P. Peddle were on the roll while the names of Cyril White and J. B. Kells were not. Counsel had only nine petitioners: ten were necessary. Under the circumstances, ho said he could not go on with the ease. His AVorship said the petition would have to be dismissed as there were not enough petitioners. A guinea was allowed for costs.

Mr. Warren, interviewed, stated that the rolls were made un on 23rd April 1906 and came into force on Ist July. That roll had nearly expired. Since then between twenty and thirty men had bought property or paid rates, but they were really excluded. On his own authority ho inserted about twenty-five names in the roll, thus breaking the strict letter of the law. Thus there should have been (legally) 225 electors instead of 249. Those who were disenfranchised by the long interval between the rolls (the present one has had to do for 16 months) had no redress whatever.