Newtown Licensing Poll.

Manawatu Herald, 21 February 1903, Page 2

Newtown Licensing Poll.

Yesterday morning the Chief Justice delivered judgment in the Newtown'local option case, in which application for a writ of prohibition to restrain the Stipendiary Magistrate from inspecting ballot papers impeached at the inquiry, and which was argued before.his Honor, sitting with Mr Justice Edwards, it was announced that the parties had agreed to take the Chief Justice’s decision on the point raised, as Mr Justic Edwards was prevented by bis judicial duties in Napier from preparing his judgment as soon as was desired. His Honor stated the Magistrate intended to open the ballot-papers on the ground that subsection 6 gave him a jurisdiction. The words of the subsection relied on Were “ The Court shall have jurisdiction, etc.” It was not therefore an erroneous decision in flatter of law on the merits that was complained of, and his opinion was that it was really a pure question of jurisdiction the court was asked to decide. : No doubt an erroneous decision of law was also involved, but the erroneous decision was on whether the 1 Magistrate had or had hot the jurisdioion claimed. In his Honor’s opinion the prohibition claimed, accordingly, should go. Judgment would be for the plaintiffs for a prohibition prohibiting the Magistrate from, exercising the jurisdiction conferred on the Electoral Court by subsection 6 of section 191 of the Electoral Act, 1902. Plaintiffs were awarded £25 costs with Court fees. It is intended to appeal against the decision to the Court of Appeal which opens its sittings on the 16th March.