THE DUNEDIN MAYORAL ELECTION.

Globe, Volume XXI, Issue 1817, 17 December 1879, Page 3

THE DUNEDIN MAYORAL ELECTION.

DTJNEDIN, December 16. At the Magistrates' Court this morning before Mr Simpson, tho petition of Messrs Walter, Finch and James, praying that Mr H. S. Fish, jun., be ousted from the position of Mayor of Dunedin, to which ho was recontly elected, was heard. Mr Macassey, with him Mr Stout, appeared for the petitioners ; Mr Haggitt, with him Mr F. R. Chapman, for Mr Fish. Mr Macassey, in opening the case, said tho petition had been filed by Henry John Walter, James Finch and James James. The first-named was tho defeated candidate at the recent Mayoral election, and the petition was lodged under the Regulation of Local Elections Act 1876 and the Municipal Corporation Act. The ground on which it challenged Mr Fish's election was that he was not, at tho time, capable of holding the office of Mayor, inasmuch as he was concerned as a sub-con-tractor in work being performed for the Council. The work in question consisted of painting and glazing under Messrs Mercer and Low's contract for the erection ol the now townhall in the Octagon. The Acts bearing on the matter were the Regulation of Local Elections Act, the Municipal Corporations Act, and the Rating Act, all of which should undoubtedly be read together, and have united operation. The particular portion of the Municipal Corporations Act on which the petitioners relied was sub-section 4 of clause 61, which laid down that no person should be eligible for election who had any office or place of profit under or in the gift of the Council, or was coßcernod or participator in any contract with or work to be done for the Council. After hearing the evidence on both sides, his Worship regretted that in a question of grave importance like this there should not bo a superior Court to which the matter could be referred. He thought that it was a great oversight on tli6 part of the Legislature in making the decision final. He would reserve his decision, and would give the matter as much consideration as possible.