OHINEMURI LICENSING POLL.

King Country Chronicle, Volume III, Issue 136, 4 March 1909, Page 5

OHINEMURI LICENSING POLL.

Petition Dismissed.

The special Court appointed to hear the petition to upset the Ohincmori Lieonsnig Poll, sat on March Ist. The Bench comprised Messrs BorgessvJtobert* and Cutten. Stipendiary Magistrates. Messrs Ctcndon and Moresby appeared for petitioners, and Mr Millar for respondents. In delivering judgment, the Magistrates said they would have to confine themselves to the allegations as affecting only the Waibi Central Booth. The whole trouble arose from the fact that the Returning Officer did not avail himself of the full extent of the provisions of the legislature, according to the Act of 190*. in taking the poll, and bad underestimated the number of voters in Waibi. The Court considered that no evidence had been adduced to show that any voter could not record a vote, ncr was it proved that any voter had seen how other voters were voting. It could not be successfully contended that the election was net an election by ballot. It was not shown that anyone was deterred or had abstained from voting en account of the condition prevailing Regarding the action of the Returning Officer. Mr Nathan, in opening an extra bcotb. the Court held that this did not involve a violation of any principle of the Act. rxcept. perhaps, the question re scrutineers, who were not present. At any rate, the result would not have affected the result.

The judgment concluded: "We do pot think the irregularities proved show that the poll was not conducted substantially in accordance with the provisions of the law. nor do we think that the result was affected thereby. The petition is dismissed with costs amounting to 4*97 165." Mr Burgees added that, as the petition was not a frivolous one. deposits would be returned, and no expenses of witnesses allowed. The Court was crowded, and when the result was made known a section of thone present cheered.