ELECTION PETITIONS.

Taihape Daily Times, Volume 7, Issue 185, 14 April 1915, Page 5

ELECTION PETITIONS.

| ADDRESSES BY COUNSEL. CASE FOR THE RESPONDENTS. (By Telegraph.—Press WELLINGTON, April 13. Alter luncheon the Full Court heard argument oii the points whether the potith ns in the Taumarunui and Bay i cf Islands cases were lodged with the ietuming officer within the time pressor.bod by the Legislature Act of 1303. Mr Skerrett, K.C., and with hizi Mr Rcid, K.C., and Mr Kennedy, appeared for Mr Vernon Reed, the respondent in the Bay cf Islands ease; and Sir John Findlay, K.C., and Mr Levi icr the petitioners in the Taumaiunui case, and Sir John Fnidlay, and with him-Mr Vernon for Mr Jennings, the i' i .pionctenifc in the Taumarunui, case. Mr Johnston appeared for Mr Wilson, the petitionjer. In opening the case for the respondent, Mr Skerret& said the question was whether the period of 28 days' runs either —(1) From the day after the public declaration of the poll, or (2) From th e return cf the Writ. In the Bay of Islands caste there was a recount which did not affect the position of the candidates, and the whole question turned upon the construction cf section' 190 of the Legislature Act, 1908, The election was held on 10th December, and the declaration of the result and endorsement of the writ w&s made on the 16th of December. The advertisement guiding the result of th e election was published on the 18th and application for a recount was made on the 19th. The advertisement giving the amended total of votes as determined by the, re-, count was published on the Bth of January, 1915, and the petition was lodged on February 3rd. He read the affidavit from the Chijef Electoral Officer showing where the recount took place, and that the relative position -pf the candidates had not changed. It 4was hot the practice to sjend the writ '-back to the Returning Officer to have r the recount endorsed en it : even though the tctai number cf votes spcured by each candidate was altered. T"hi s was instructive as showing that the Electoral Department did not regard the, recount as of primary importance. The thing of primary importance Was the declaration of the result of -the- poll, which meant that a candidate had been elected. Wherie a recount took place, and no material alteration was necessary, and therfcre. the time must date from the original declaration. Th,e mere alteration of the figures did not constitute a new declaration, and unless there was a new declaration the original one was not superseded, and must therefore stand. It was only when the recount displaced the candidate previously declared elected that the petition cculd be put in within 28 day s cf the amended declaration of the resuit of the poll. He therefore claimed that the petition was presented ' toe late: Mr Reid, K.C., followed, tracing (V:

history of th e legislation dealing with the ejection petiticn.and arguing therefrom tha ; t there wa,s nothing: obligatory on the part cf the returning.officer to make a ntew' declaration after a recount, except as to the altered figures. It mi at be faulty draughtsman"*'],::, but the fact-remained there was no mandate to the returning cffkpvs.to make ~. declaration a H to the name of the candidate elected:. Tbo object cf tlic : :ccunt was to ascertain tlie.ex : ac't number of votes cast, and unless. th e portion of the candidates was altered, nothing' further need be done. Therefore, the time must . date from the original declaration. Th e Court adjourned till 10 o'clock; tc-day. WELLINGTON, This Day. The Appeal Court this morning dealt with the question of whether the petition in the Tauraarunui election case was filed in time. Th 0 affida"ii in support set out that the' writ was made returnable within 28 days from November 21st, the date of endorsement en tbewrit, that th e dat o Mr W. Jennings wns elected was Dece-mbr--17 and that the official recount a'as completed'on December 18, and n-r.tii* c-f hi? elortion was published next da v. The nfttvtion was presented on January 15. DV Findlay, fcr Mr Jc'nr.in"-"-?.. said IJtk*. .if the date en which >' ,r> - h3i.it;-'".i must bo lodged ran frcr? ih' c'ste ■''■ ;ndorS(?.jnent then it was n r -' lv t'me. h'n :c!i?d en .the Wairn » cvas« dc<:Jcc-i] in 1807. If tltj3 Court h-l ■ tha- tho d&'-ision in that case wss v'r r-.ccC: !::-.." then he h?A nothing furilvjr to sr.y, /iv.'.uzr.cnt i--: proceeding.