MR McCOMB'S "BACK PAY."

Shannon News, 19 March 1926, Page 4

MR McCOMB'S "BACK PAY."

♦ —■ WHEN IS AN M.P. NOT AN M.P.? Tiie returning' officer, by his casting vote, declared Mr (Lyons (Reform) the elected memiber 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 Mr 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 'between the declaration of the poll and its reversal by the two Judges, Mr Lyons was M.P. for Lyttelton, and Mr McComibs ' was not. There can be only one M.P. for Lyttelton, and only one salary, until the decision of the Judges, Mr Lyons was entitled to it. Ma- 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 Mr Lyons was M.P. for Lyttelton de jure and de facto. No question of paying .Mr McCombs "back pay" can arise. The "most de facto element in the situation seems to ibe that the money is already in Mr Lyons's pocket, and the pocket and the incident are both closed.