HUTT HOTELS.

Manawatu Herald, Volume XXXI, Issue 449, 21 January 1909, Page 3

HUTT HOTELS.

The Case for the Licensees.

Wellington, January xB. The case of the respondents (the Trade) was continued to-day by Mr Skerrett before the three Magistrates. Mr Skerrett said there was no evidence that the Returning Officer allowed liquor to be brought into the hall during the count. One would imagine that the whole world was to fall because some refreshments, apparently of an alcoholic nature, was partaken of. There was no suggestion of any misconduct whatever. There was no evidence that, a, ballot paper had been tampered wAny slight mistakes had been at the Magisterial recount. -Counsel proceeded to deal with illegal practices at elections —bribery and treating. A vast variety of things could be done at a licensing poll, which could not be done at an electoral poll. Sections 33 to 36 of tbe Legislature Act defined and limited the jurisdiction of an electoral court. Counsel, apart from the legal objections, submitted that there was no satisfactory proof of treating on tbe day of the election. .There was no : difference between a scrutineer having a glass of tea or beer at a poll. ~ Mr Atkinson, counsel for petitioners (the Jnbdicense party) replied at length. He complained that the, result of the poll was hanging on a very small margin and the weight to be attached to the irregularities was cumulative. It was not to he suggested that because provision was made for clerical errors where clerical errors were committed there was to be no remedy. Section 35 (E) of the Licensing Act did not limit the Court’s jurisdiction to inquiry into offences. “Irregularities” might be defined as a departure from order or method. The Local Election Act made a general provision for the voiding of a poll in consequence of irregularities and specific provision for the punishment of wilful irregularities. Was the 5 people’s poll not to be protected from the results of negligence or misadventure ? Ballot papers might be lost quite innocently. There would be no criminal libaility, but it might turn the result of an election. Mr Atkinson emphasised the need for maintaining the secrecy of the ballot. It was the duty of the authorities to provide the necessary compartments apart altogether from any question of cost. The refusal of the returning officer to show the roll when asked betokened want of tact. The fullest enquiry was wanted as to the lack of method exhibited at the returning officer’s count.