AN ELECTION APPEAL.

Shannon News, 17 November 1925, Page 2

AN ELECTION APPEAL.

MR ROLLINGS FAILS. INTERRRETATION ACT. UPHELD. The case in which P. L. Hollings, the defeaten Nationalist candidate for the Manawniu electoi’ate, applied for the issue oi a writ of mandamus against the returning officer (W. Trueman, oi Foxton) to compel him to declare plaintiff elected unopposed, on the grounds that plaintiff’s nomination was the only nomination in defendant s hands by noon on the tenth day before the day appointed for the poll, Was heard before Mr Justice Ostler at the Palmerston Plaintiff'appeared in person, while Mr P. Baldwin appeared for Jos. JLinklater, tlie successful candidate, and Air F. H. Cooke for the Crown. North Supreme Court on Friday. Mr Hollings proceeded to deal with certain facts relating to the poll, drawing from His Honour the , remark that the other side would admit all these facts and asking Air Hollings to get to the point. Air Hollings said that the defendant would rely on the Interpretation Act which extended the time until Tuesday, ALonday being Labour Day. Air Hollings relied on sub-section B, which made his case all the stronger It meant that' in taking ten days it extended the day of the poll up tp noon of the tenth day.. His Honour: The tenth day .must bring you October 2G. .The period of time dates from noon on a given day. Air Hollings: Before noon on the tenth day before the poll • His Honour stated' that if it had said ten days before the day of election, this would have been ten clear days, but the specified day was Sunday. . ; . Mr Holfmgs: Well, then, Hie Interpretation Act does ndt apply. It is inconsistent with the . Legislature Act and cannot apply to the Interpretation Act. The application of the Interpretation Act throws it out of gear. - ' Air. Hollings proceeded to illustrate his point, and stated that if the Interpretation Act was applied, then it would result in a position where it was impossible to do what, was required. “The . only escape from such a dilemma;’’ he said, “is to reject, the Interpretation Act in favour Of the Legislature Act, and if that is right and is applied, it makes the last day' for nominations October 25.". The Bench said that Section 104, required 12 days, and Section 105, at noon on a definite day. Air Hollings submitted that if no- ! tice was advertised in an evening pa- • per, they wore asking for nominations later than they" could be received, ) and that was asking an impossibility. . The Bench remarked that the eleci tors would have a pretty good idea , if there was ah election coming'on. Mr Hollings said that if the Interpretation Act did apply, at extended the time from 10 days before the the poll to 11, which was Saturday and not a holiday, a fact that made his case all the stronger. He went on to deal with English law, in which Sundays were expludJed, and said if the rule were applied ed here, the tenth day would be Friday, October 23. To bring it to the Monday would be to remove it to the 9th. day. This remedy of Air Hoiling's’ was more effectual than any - ,>thei\ he said. .. Mr Hollings having concluded, All . Baldwin rose for the purpose of legal argument, but His Honour said he did not think it .at all necessary to hear either counsel. He said . that section 105 provided that the nomin- , ation of a man should be in not later than the tenth day and -there- / fore the time was limited in the Act. 1 As the polling day in this .caSe was . November 4, the required time, from October 25 at noon, brought it up to a Sunday, and the - next day’ was a statutory holiday. Plaintiff in this case had sufficient forethought to' lodge" liis nomination on October 23, but the other two candidates did not put theirs in until the extended date. Now Section 25. Aof the Acts Interpretation Act provided that if the stipulated time expired on a holiday, it shall be extended a day after that. His Honour could see nothing otherwise It would seem a scandalous thing to be deprived of the right 1 to nominate a candidate, and the object, of the. Act was to provide for that, and the next day had been . saved for the nominees. The application was accordingly -dismissed, and costs five guineas entered against plaintiff. -