AN ILLEGAL ELECTION.

South Canterbury Times, Issue 2510, 6 April 1881, Page 3

AN ILLEGAL ELECTION.

The following is the letter forwarded to the South Canterbury Education Board, protesting against the recent elections, and which the Board has decided not to entertain but simply to acknowledge : “ Timaru, April 5, 1881. “ Sie, —As a candidate for election to a seat on the Board, I have the honor to enclose herewith my protest against the reception of a second vote from the Geraldine Flat Committee in the election just concluded. “ Attached to the protest will be found the legal opinions of George Harper, Esq.,'barrister, Christchurch, to which I respectfully direct the attention of the Board.. “ I would also remind the Board of the fact that in conducting the election last year the nominations of the Timaru School Committee were refused on the ground that they were sent in too late, while this year the votes of the Geraldine Flat Committee are received, the same objection holding good. “ I have the honor to be, &c., “ E. B. Walcot.” Mr Harper’s opinion was as follows: — (1.) I do not think that a Committee has power to send two lists even if the two lists do not together include more

than three names of candidates, and even if the two lists “are sent and arrive ” before the last day of February, (2.) It is clear to my mind that the word “ send ” in sub section 2, section 13, of the above Act, means “ sent so as to arrive ” on or “ before ” the last day of February. Moreover, by sub-section 5 the words “ within the lime appointed ” occur thus making “ the whole of the last day of February the limitation” of time for voting. Sec. 2 would apply if the last day of February happened to fall on a day therein named. If the words “ by tho ordinary course of post ” had been added to sub section 2, possibly the sending of a notice or list on the last day of February might suffice. I do not think therefore that the Board had power to record the votes given by the last sent list.