THE ALLEGED MISTAKE.

Te Aroha News, Volume V, Issue 242, 18 February 1888, Page 1 (Supplement)

THE ALLEGED MISTAKE.

Considerable doubb is skill felt as to the validity of the nominations of many of the candidates for the forthcoming Licensing Elections. Mr S. Y. Collins, the Returning Officer, admits that a mistake was made in not having all the nomination papers duly deposited at the various nomination places mentioned in tho adveitiflement. The fact 'is that when Mr Collins appealed for directions at the Council Chambers — this being a municipal election — he states that he could obtain no information. In order to faoilitate matters he requested both parties to deliver their nomination papers to him so that ho could do the work in his office and then go round afterwards and affix the names nominated. In some instances all the papers were left with him, while in the majority of cases the temperance party alone deposited their papers with him. It was not until Mr Ehrenfried informed him that some of the moderate party declined to leave their papers with him that Mr Collins saw that a mistake had been made. The moderate party base their objection upon Section 11 of the Local Elections Act, 1876, which read as follows:— "No person shall be deemed a candidate for any local elective office unless nominated in the following manner, that is to say, a nomina-> tion paper in the form in the second shedule signed by two electors of the district and by the candidate in token of his assent to such nomination, shall be addressed to the Returning Officer, and delivered at the place named m the said notice at any time after the publication thereof, and before noon of the day appointed therein ;" and further, a section of clause 50 of the same Act, which specifies under the heading " Cases in which election of any candidate void," (1) "That the nomination of any candidate was not given within' tho time or in the manner required." Mr Collins, however, intends to proceed with the election, as he is of opinion that Clause 227 of the Licensing Act, 1881, deals with tho matter, and overrules the clause quoted from the Local Elections Act. Clause 227 reads as follows:— " If through any accidental or unavoidable impedimentmisfesAnce,oromissionanytbing required by this Act to be done is omitted .to be done within the time fixed, the Governor in Council may take all such measures as may be necessary for romoving such impediment or rectifying such misfeasance or omission, and may validate anything which may have . been irregularly done in the matter of form, so that the intent and purpose of this Act may have effect." This last clause is pretty comprehensive, but whether it will override one of tho errors that the Regulations of Local Elections Act expressly stipulates shall be fatal to an election, u another - question* To tho ordinary lay mind it appears that the verbiage of clause. 50 of the Regulation^ of Local Elections 1 $s so explicit that there can bo but little doubt of the invalid* ity of the election, though it certainly seems unfair that the Temperance candidates should suffer for a, blunder they were led into by the Returning Officer. It is contended thfttthisAetwasformmulatedforthepurpoß© of regulating tho- local elections, and ponsequently any failure to carry but its pro : visions would .be fatal. , ■ The moderate party are said to have obtained the* highest it supports their ' contention. In faot

legal authority from all the leading towns in the colony upon the question, and so satisfied are they of the strength of the position which they have taken up that it is affirmed upon good authority that they have no intention of fighting the election, holding that their candidates are already duly elected without opposition.