MB. McCOMB’S “BACK PAY.”
WHEN IB AN M.P. NOT AN M.P. %
The returning officer, by his casting vote, declared Mr. Lyons (Reform) the elected member for Lyttelton. 'The Magisterial investigation confirmed the election of Mr. Lyons. The decision of the two judges returned the seat to Mr McCombs (Labour), who had occupied it in the last Parliament; but in the meanwhile Mr. Lyons had drawn an instalment of pay as M.P. for Lyttelton. Questions have been raised as to whether this money is—(a) recoverable from Mr. Lyons and payable to Air McCombs, or (b) payable-~to Mr. Lyons and also to Mr McCombs, or (c) payable only ’to Mr Lyons (who already has it) According to inquiries made yesterday, the correct course is the third one (c). It is held that be- .'/* tween the declaration of the poll and its reversal by the two Judges, Mr. Lyons was M.P. for Lyttelton, and Air. AloCombs was not . There can be only one ALP. for Lyttelton, and only one salary. Until the decision of the Judges, Mr. Lyons was entitled to it. Air. McCombs was not, and is not. He is only entitled to be paid as from the time when he became M.P. for Lyttelton. According to another authority, during the time mentioned Air. Lyons was AI.P. for Lyttelton re jure and de facto. No question of paying Air McCombs “back pay” can arise.
The most de facto element in the situation seems to be that the money is already in AH. Lyons’s pocket, and the pocket and the incident are both closed.—Exchange.
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https://paperspast.natlib.govt.nz/newspapers/MH19260318.2.17
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Manawatu Herald, Volume XLVIII, Issue 3012, 18 March 1926, Page 2
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261MB. McCOMB’S “BACK PAY.” Manawatu Herald, Volume XLVIII, Issue 3012, 18 March 1926, Page 2
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