LOCAL OPTION PETITION.

Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9343, 12 January 1909, Page 8

LOCAL OPTION PETITION.

Per Press Association. . Masterton, January 11. The hearing of the petition against r Masterton local option poll declared at last election is proceeding (this afternoon, being heard by Messrs McArthur, Thomson and James, Stipendiary Magistrates. Messrs Skerrett and Pownall are appearing for petitioners and Rollings and Ostler lor the No-license Party. It is impossible to say how long the proceedings may last. After preliminary objection sraised by Mr Rollings, affecting the local option petition, Mr Skerrett said he did not propose to proceed with as it had been i found that the boundaries bad been properly gazetted. The hearing of the petition proper and taking of evidence has not yet commenced. Mr Rollings said he proposed to make objections to certain • grounds in the petition.,4He; Contended that the rights of therpefMioners were restricted to an inquiry into the poll as provided by the Licensing Act. He submitted that no section of the Act gaye any authority to inquire into any action of the Governor or his Ministers, and that was what the petitioners wanted. If the poll was void under section 8 for nongazdtting the 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), he also eliminated. Counsel also moved for the elimination of ground 8 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 grounds A and D, 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 by section 196, sub-section P, of the Legislature Act, 1908, in which the language, though making similar provision, was put in a different and stronger form. He submitted tShat no Court had jurisdiction to go' behind the roll. By section 38 of the Licensing Act it was not intended to confer jurisdiction necessary to give effect to ground B, and section 75 of the Legislature Act was a specific declaration that names on tbe completed roll and no others were entitled to vote. Three witnesses were examined. One stated that he went to a'oertain booth, which was not open at 9 o’clock on the 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.