GENERAL ELECTIONS

Hokitika Guardian, 21 November 1925, Page 3

GENERAL ELECTIONS

[BV TELE(IItAPH —PEB PRESS ASSOCIATION. SI I! FRANCIS BELL’S OPINION. WELLINGTON, Nov. 20. Discussing iho position, Sir F. IL Bell, says it is possible that in both Westland and Lyttelton, -Magisterial recounts will bo applied for. Section 147 of the Legislature Act provides that an application for tt .Magisterial recount must be made within three days after the result of till election has been publicly declared. Tbe deposit In such a ease is £2O. If on the recount a .Magistrate finds that the public declaration was incorrect, lie shall order the returning officer to give an amended public declaration. Should there still be a tie after a Magisterial recount lias been made then the returning officer’s public declaration stands, even if it .should happen, that the Magistrate disallows or allows certain votes on either side. It is still open, however, despite the result of tbe Magisterial recount, for a candidate to lodge a petition to upset an election, provided that bo deposits £2OO and applies within 28 days after tbe returning officer lias made bis declaration. A candidate may lodge tt petition and have a .Magisterial recount at tbe same time. It rarely occurs that a Magisterial re omit arrives at exactly the same result as that of the returning officer, and ii nearly always turns out that there is room for difference of opinion as to tbe validity of some votes, which may or may not be rejected as informal.

AN EARLY OCCASION. AUCKLAND. Nov. 19. On at least one occasion previously a member of Parliament has been .oturned by tbe easting-vote of the returning officer. This occurred in Alotueka in 1871. and subsequent events were interesting. Tbe candidates were Sir David Afonro. wli.fi bad Inien Speaker of tbe House of Representatives for ten years, and Air Charles Parker. Tin* poll was Liken on February 10. 1871. and each of tbe candidates received 193 votes. Tbe returning officer gave bis casting vote for the retiring member. When the new Parliament met on August It, Sir David recalled that at the end of tbe previous session be le.J announced that be would not seek reelection as Speaker, and on bis motion Air Dillon Bell was 1 elected to tbe office. On the following day a petition was presented challenging tbe validity of the election in Moluekn, and a committee was appointed to investigate tbe matter. The result was tbe dise'n: lire that a vide bad been polled for Sir David Monro by a man wlm was not registered as an elector. lie bad inherited properly from bis father, by virtue of which the latter was qualified as an elector, and the names of father ;«ud son being similar, bad claimed and bad been allowed to vide. This ballot' paper was disallowed by the committee, and on September 2(1. 1871. Sir David Monro was unseated and Mr Parker declared elected. of course bv a majority ol one vote.

A LABOUR VIEW. AUCKLAND. Nov. 19. “To out it mildly it: is an outrage." said Alt AI. J. Savage. ALP., deputy leader of tbe Parliamentary Labour Party, when asked to-day for bis I,pinion on tbe way in which tbe returning officers bad exercised Qheir easting votes to determine Qte ties in the Lyttelton and Westland elections. ■•The returning officers." be said, have done a stupid thing and one at variance with all established precedent in Parliament and outside it . Vi believer there is a tie the custom is for tbe easting vote to lie given In maintain tbe existing order. “Apparent Iv neither tbe ‘lieiald nor anvone elest questions that view in iho ease of Lyttelton, but because Mr T. E. Y. Sedtlon. formerly was mendier for Westland for tt number of years it is argued I hero is room for an exception in bis ease, bill surely that is M ~nibble. The correct statement ol the position is that in 1922 the electors rejected Mr Scddon and they have not yet given a majority for bis return, j'he retiring members in each ease were Mr .1. AUCond's and Mr J. O'Brien, •ind the easting vote should have gone to return them. That is against changing the existing order. “That, is the rule, and in breaking it tbe returning officers took it upon themselves to do something that would not. be done by any man of eomninnsouso or any fair-minded man. Iho rule or custom should have been applied. and anyone who knew their business could not, have east their vote except for Mho retiring members.

HON McT.EOP’S VIEW. PALMERSTON X.. Nov. 20.

\*keil on his arrival at Palmerston North to-day whether he would care 1,0 make anv statement in regard to the decisions of the Westland and Lyttelton Returning Officers, the lion. A 0. McLeod (Chairman of the Reform Organisation Executive) stated that veiT unfair criticism was being levelled a.rainsl both officers by men who were, apparently allowing their judgment to become warped as the result of defeat. “That is by no means an unusual. or even an inexcusable attitude, ■said Mr McLeod, “but the argument that the Returning Officer should record his vote in accordance with the custom or the precedents established in other directions cannot lie sustained. Tf such procedure had been intended. the law would have boon amended long before this, and would have stipulated definitely, that, in tbe event of a “tie” the sitting member shall be declared elected. D the present svstem is to be continued, and Returning Officers arc to have an undeniable right of deciding such issues bv casting an unfettered vote, then, in my opinion, an amendment should be enacted making it mandatory on the part of all electoral returning officers recording their votes on the morning of election day and forwarding them under seal to the Chief Electoral Officer at Wellington. Such votes to he opened, and used in the event, of a “tie” being declared, after Magisterial inquiries, or recounts (if any) have been finally disposed of.” THE RETURNING OFFICERS’ VOTE CHRISTCHURCH. Nov. 21.

There has been an impression m some quarters that tho returning officers for Westland and Lyttelton exercised a deliberative as well as a cast in e vote. This is incorrect as Section 40 of tbe Act states that returning officers arc not allowed to vote except where there is an equality of votes as in the case of these two seats. It is pointed out that this removes the case from being on nil fours with the position on a local body where the chairman often exercises two votes, tbe second or casting vote. being usually to retain tilings as they are.