The Awarua Seat.

Hastings Standard, Issue 460, 26 October 1897, Page 3

The Awarua Seat.

MR WARD RETAINS IT. (By Telkgrai'h.) tPer Press Association.) Wellington, Oct. 25. After luncheon Mr Skerrett submitted that the disqualification clauses did not effect the present case. Mr Gully submitted that the argument for Mr Ward amounted to this : That if a person became bankrupt the day before an election he could hold the seat, but if the day after then he immediately eutered upon a period of disability. This is an absurdity which would be avoided if possible. During the period of a bankrupt's suspense he was practicnlly at the beck and call of the Assignee. He submitted that a vacancy was contemplated by the Statute to occur immediately on election and not afterwards; whether it was intended or not the words used meant that the status of bankruptcy ipso far in vacated the seat. If the electors chose to give their votes for a bankrupt their votes were practically thrown away. This statement was questioned by the Bench, and counsel said that virtually this would be the case if the principle at the back of the arguments of counsel for the other side was that the matter should be relegated to the bankrupt's constituents. This would apply to a member found guilty of corrupt practices after election ; also, according to their argument, if a person took an oath of allegiance to a foreign Power tbe day before the election he was still qualified to be elected. Mr Cooper having replied the Chief Justice, after conference with other members of the Bench, intimated that the Court was unanimously of opinion that the seat of the member or Awarua in the present Parliament had 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 Act. His Honor further inii.nntid that the reason for the conclusion of the Court would be given in writing later on.

The Court fixed the costs of those acting for Mr Ward at 70gns and of those for the Speaker at 40 guineas. These the Act provides shall be paid out of moneys to be appropriated by Parliament.