MASTERTOM LOCAL OPTION PETITION.

Manawatu Herald, Volume XXXI, Issue 448, 14 January 1909, Page 2

MASTERTOM LOCAL OPTION PETITION.

Magisterial Hearing.

Masturton, Tuesday,

The hearing of the petition of the Liquor Party to upset the local option poll commenced this afternoon. Mr C. P, Skerrett and C. A. Pownall appeared for the License Party, and P. L. HolliugS and H Ostler for the No-License Party.

Mr Hollings said he proposed to make objections to certain grounds in the petition. He contended that the rights of the petitioners were restricted to an enquiry into the poll as provided by the Licensing Act. He submitted that no section of the Act gave any authority to enquire into auy action of the Governor or Ministers, and that was what the petitioners wanted. If the poll were void under section 8 for non-gazetting of boundaries, the Court was not called upon to say it was void. The jurisdiction of the Court, he said, was confined strictly to the conduct of the poll. He also moved that ground B (regarding all voters except petitioners not being adults) be also eliminated. Counsel also moved for the elimination of ground 3 of the petition, which . refers to persons from other electorates voting in this or vice versa. Mr Skerrett, in reply, said he did not propose to deal with ground A, it having been found that the boundaries were properly gazetted. Neither was it intended to proceed with ground 3. Regarding ground B counsel said that though jurisdiction was not conferred by section 33 of the Act it was conferred by section 196, subsection (f), of the Legislative Act, 1908, in which the language, though making similar provisions, was put in different and stronger form. He submitted that nd Court had jurisdiction to go behind the roll. By section 33 of the Licensing Act it was not intended to confer jurisdiction necessary to give effect to ground B, and section 75 of the Legislative Act was specific declaration that the names of the completed roll and not"

others were entitled to vote. Three witnesses were examined. One stated he went to a certain booth which was not open at 9 o’clock on polling day, and half an hour afterwards it was not open. Another gave evidence as to the No-License Party holding a procession of motor cars having attached the words “no-license.”

The Court adjourned till tomorrow.