LOCAL OPTION POLL.

Taranaki Daily News, Volume XXXXV, Issue 51, 28 February 1903, Page 2

LOCAL OPTION POLL.

THE NEWTOWN ENQUIRY. P"IR PRESS ASSOCIATION Wellington, Fobruiry 27. Dr. Mo Arthur, S.M., this morning intimited that he did not intend to open the three ballot papers which he hid disallowed in connection wi'h the Newtown local option poll petition. Later. The Nawtown prohibition poll has been declared absolute. TERMS OF THE JUDGMENT. Dr McArthur, S.M., delivered judgment this afternoon on the Remaining grounds of the petition to deolare void the licensing poll a v < Newtown, where no-license was declared to have been carried by a irity of 17. The p tition had be°n lodged on the grounds (I) That the actual and true result of thfl poll was that a threefi'iha majority did not vote for no'license, and tha*i the total number of vo'ers whose votes ware recsrded was mis stated by reason of the omission to include votes recorded, but which could not be counted because of non-com-pliance with section 128 of tho "E!ectoial Ac% 1902"; (2) That a number of persons voted who were not entitled to vote, and that their votes should be struck off and the result amended, or, in alternative, the poll must be declared void; (3) That gross irregularities occur rod in takitig the poll. The second ground of the petition was dismissed, as the question of conclusiveness of the roll had been decided by the Court of Appeal. This left first and third grounds to be decide*!, and on these his Warship gave judgment at considerable length. His Worship was of opinion that the Btrict unambiguous meaning of the expression " voters whoee vo'es were recorded " as used in the Alcoholic Liquor Sale Control Act, 1895, waa: Persons who applied for, and received their voting pipers, who filled them in correctly, and placed them in the ballot boxes. Any misfeasance or non-fea-sance of the returning officer could not affeot the recording of the vote, whic v > was solely an aot of the vo e'. On the important question: Are thofe voters who have correctly fill -d in their pipers, but votes havtbeen declared informal through th.default of ths returning officer, to be deemed to huve record-d tLeir votes, Dr. McArttur cam] 'o tSe conclusion that these votes should b j deemed to have been recorded. As this had not been done, the toral number of voters whose votes were recorded had been - ! mis stated in the declaration of the poll. On this third ground of objection, His Worship held that he had no discretionary power unless it was shown irregularities had occurred which tended t"j defeat the fairness of the election, as the Stxtut^did not require an irregularity to d feat an election. The chief irregularities complained of by petitioners were that at one polling booth voting pipers foe electoral and for licensing purposes were no", given ou'. simultaneously, for a period of three houis; that at this booth on different occasions there were more thau six voters et one time; 'hat a representative of the No-license Leagua was allowed to go inti several booths ou different occ-elans; tin*, it one booth voting pipers were not made up and sent to the returning officer till the following day ; that an elector's na.ne was wrongfully struck off the roll. His Wo-ship concluded :—" Looking at the law of elections, and the particular cii cunastaccos of this election, more particulirly the cl sen ss of thresult, in my opinion it is open to reasonable do »bt wheth'r these irregularities may not have affected the r suit, and it is uncertaiu whether no licente I has beencarriedby tben quiri dmnj rity ' This being my opinion, I am bound to declare tho electi m void. Idoso on two grounds: - Firstly, that the total number of voters whos > vo'es were recorded was m>s stated by reason of the •>oaisß : on to include vo'es record ad, bu' [ which could no- do c >unted because of non-compliance with section 128 of the "Elector il Ac", 1902,"; and * coudly, that irregularities o:curcd in taking he poll which ten led to defeat the faimess >f the election.