ELECTION TRIAL

Sun (Auckland), Volume II, Issue 555, 7 January 1929, Page 11

ELECTION TRIAL

BAY OF ISLANDS PETITION RETURNING OFFICER ADVISED Although the date for the trial of the Bay of Islands election petition has not yet been fixed by the Chief Justice, it is probable that the necessary formalities will be completed shortly. After that, the date and place of the trial will be named. The petition, which has hecn advei - Used according to law, has now; been served on the returning officer in the name of John William McAuley, farmer, of Okaihau. It protests against the final result of the general elections as affecting the Bay of Islands sett which was declared, after a magisterial recount, to be won by Mr. IT. M. Rushworth, Country Party candidate. It was found by the magistrate that he had defeated Mr. Allen Bell (Reform) by two votes. In 20 separate clauses, the petitioner has given reasons why, he considers, the case should be tried. These include alegations of voting by unauthorised persons, acceptance of invalid and rejection of votes obviously cast in favour of Mr. Bell. m Now that the returning officer lias been served with the petition, it is only a question of days before the necessary arrangements will be made. The Act provides that the trial shall take place in the electoral district con* cerned save in exceptional circumstances and there is no suggestion that there is to be a departure from precedent on this occasion. The circumstances recall that the petition lodged in 1915 against the Hon. V. IT. Reed in the Bay of Islands electorate resulted in a trial which was held at Kaikohe. The trial will be heard by two judges of the Supreme Court to be nominated by the Chief Justice. There is every probability that Mr. Justice Herdman, who is to return from England shortly, will be one of the chosen men. Formerly such cases in England were tried by the House of Commons, this usually resulting in the question being determined by party vote. The anomaly was overcome by legislation which required such cases to be tried by two High Court judges.