ELECTION PETITION.

Hokitika Guardian, 25 May 1923, Page 2

ELECTION PETITION.

TO UNSEAT CR. EVANS. MAGISTRATE’S COURT PROCEEDINGS. A COMPLETE FIZZLE. At the Magistrate’s Court this morning before Mr W. Meldrum, S.M., tho election petition by Messrs J. Lloyd, G. H. Blank, and T. Robinson, asking to declare void the election of Mr. D. J. Evans as a member of the Hokitika Borough Council came on for hearing. Mr W. J. Joyce with Mr A. G. Pilkington appeared for the petitioners, .Mr 0. J. Sellers for Mr T. Robinson (a petitioner) and Mr J. A. Murdoch for Mr Evans.

When the case was called Mr Joyce said he had only been instructed the previous day hut ho had gone into the matter carefully. He had found that the petitioners had moved under the 1920-21 Act and alleged Mr Evans was a director of the Hokitika ‘ Guardian” and also the Hokitika Gas Coy., Ltd. The Municipal Corporations Act of 1920, disallowed a director of n Gas Company from acting, but he had found an amendment in 1921 altered the law so that only the General Manager was disallowed from acting on a Municipal Council. In reference to the Guardian Company he had found that Mr Evans had transferred his shares. This had cut the ground from under the petitioners’ feet, and lie had found that be could not go on with the petition. It would lie only wasting the time of the Court to go on with the petition and lie therefore asked leave of the Court to withdraw tile petition. Mr Murdoch said it seemed ridiculous that an act of Parliament had been altered by an obscure paragraph tho next year so as to escape the notice of counsel. He was unable to apply for costs as there was no petition. In any case the action was a friendly one; Mr Robinson had withdrawn his signature and Mr Lloyd had called on Mr Evans anil explained the circumstances under Which he (Mr Lloyd) had signed the petition. Mr Sellers said on behalf of .Mr T. Robinson ho wished to state that Mi Robinson had withdrawn from the ease as he had signed under a. mixapprehen-

Mr Pilkingtcn said the petition had been made out for the purpose of defining the status of Mr Evans. In consultation with the Mayor it had been decided to enter the petition for tho purpose of questioning and deciding the position of the Council. 'I hat had been the only purpose of the action.

His Worship allowed the petition to be withdrawn, and the proceedings terminated.