THE Grey River Argus. THURSDAY, MAY 17, 1866.

Grey River Argus, Issue 54, 17 May 1866, Page 2

THE Grey River Argus. THURSDAY, MAY 17, 1866.

Wj? uotice thaFthe nomination for the Superintendency is fixed for the 23vd inst., and the polling day for the 30th. The Provincial Council elections will probably come off shortly afterwards. There are three candidates for the Super, intendency — Messrs Travel's, Lance, and Moorhouse — of whom Mr Moorhouse is undoubtedly the niostpopular candidate and is most likely to be elected. Our readers have been made aware of -.Mr Moot-house's premised policy towards Westland, whicllpiadopted and honestly earned out, will exercise a very beneficial influence on the prosperity and advancement of the West Coast Gold Fields. We need not refer to it further than to recommend those few that have a vote for the Superintenclency to vote for Moorhouse. We have now to consider the subject of the Provincial Council* elections and theilfquestion " Who is to represent the Grey V -As yet no sign has been niadeof theintenf on of any one to oftei^Mmself, nor have we heard of any disposmohon the part of the public to in\ite a candidate. The names of two or three persons who would make good representatives have been moofe^ but they are of gentlemen whose qualification is dubious. We are glad to find from an excellent article in the West Coast Times that the validity of a can- ! didate's qualification can only be decided , by process in^ the Supreme Court — a! question not likejy to be raised unless an .obnoxious or troublesome I member be returned. It is not for the J Re#rhing-Officertp call in question the I jiualiilcation of the candidates, but! simply propose their names and stat e who has received gi-eatessfc number' of vote?. The follWing remarks of our , contemjrorary are#orth reading : — J "The only inquisiilm the Returoing-officep has any right to paaie, is into the qiuilifior. fcion of the proposers and seconders of eai/uitlatcs, whose sponsory niust be boncyfide Rectors.

g^fee^^ so^^^^^^ 11^ is acM appoint a Tspefcfeaia^^^^^^P^" • from the fac tions of qualification^^^^B^alousy JvHcl or anticipate tbis ju^Bß^JgJ^Di*^^^ occasiop quoted tetter of the law bearing on this subject, and we again cite from it as most pertinent to the present situation. The Act of the General Assemblyy^ic. xxi. xx., No. 59, is 'An A<it to ainwd the law relating to the election! of Superintendents of Provinces and Members of Pro^nciaL Councils," and it contains the following verjfi clearly expressed clause (No. 9) :— ' The right of any person claiin|ng to hold the office of Superintendent, or to be a member of a Provincial Council, shall be determined on information in tiff nature of ranto, and by no other mode, except inVsuch eases $$■- are provided for by tnP 11th section of the Constitution Act. ' This section refers exclusive!^ to cases in which seats have become vacant through non-attendance, bankruptcy, or other default of member-, I All questions, therefore, of qualification of members returned to sit in a Pi&yincial | Council are directed to be tried by writ of j quo warranto, ' and in no other mode,' and the circumstance of this special mode of procedure beingfOrdained by the Legislature sufficient v procf that the Returning Officer is precluded from any in|psition into the facts. The precaution las even been taken to prevent controverted elections being adjudicated upon by the|||;pvincial Council — doubtless lest the questtbn at issue should be-bwssed by|party influences. It has been purposely reserved for a judicial tribunal to deal with, and that the highest tribunal of justice in the colony. Nothing could. \>e a iriore unwarrantable stretch, oi power than for a mere Returning Officer to arrogate to himself the sanctions of the SuI preme Court, and assume a power which has been denied, for valid and forcible reasons, even to the Provincial Council itself. " Whatever gentlemen may be nominated on the hustings — provided their proposers and seconders are duly qualified electors — will be candidates legally before the constituency, on whose behalf the Returning Officer will be bound to take and to record all votes tendered for them. And if on the nomination day he should refuse tp record their names, and put them to the {voices of the electors present, the election j will be voidable, on the ground of the illegal x%ejection of candidates. " '< views expressed in the preceeclmg reiir^kg are eon-ec^ and w4 believe them to be fcv, (, ue gr Ca t difficulty in the way of getting «. suitable iUiay be surmounted.