MASTERTON LOCAL OPTION PETITION.

Taranaki Daily News, Volume LI, Issue 321, 12 January 1909, Page 2

MASTERTON LOCAL OPTION PETITION.

MAOISTEIiIAL HEARING. Bv Teiegraph.—Press Association. Mastertoli, Last Night. The hearing of the petition of the Liquor Party to upset the local option poll commenced this afternoon. Mr. C. P. Skerrett ami V. A. t'ownall appeared for the License Party, and P. L. Ilolliifis and 11. Ostler for the No-license Party. Mr. Ilollings said he proposed to make objections to certain grounds hi the petition. lie contended that the rights of the petitioner' were restricted to an enquiry into the poll as provided bv the Licensing Act. Tie submitted that no section of the Act gave any authority to enquire into any action ot (he Governor or Ministers, and that was what the peiiUoncrs wanted. If the poll were void under section 8 for 110,1-gazetling ij boundaries, the Court was liol culled upon lo say it was void. Tin; jurisdiction of the Court, lie said, was confined strictly to the conduct of the poll, lie also moved that ground I! (regarding all voters except petitioners not being adults) be also eliminated. Counsel also moved for the elimination of ground 3 of the petition, which refers to persons from other electorates ;vot.hig in Ibis or vice wi'sn.

Air. Skcrrotl, in reply, said he did not liropo.se to deal with ground A, it having, been found that the boundaries were properly gazetted. Neither, was it intended to proceed with ground 3. 'Regarding ground IS counsel said that though jurisdiction was not conferred by section 33 of the Act it was conferred by section ]flo, sub-section (f), of the (Legislative Act, 1008, in which the lantruase. though making similar provisions, wis put. in different and' Rtrnnccr form, lire submitted that no Court had jurisdid ion to go behind Ihe will. By' see-, lion 33 of the Licensing Ad j|. was not intended to confer jurisdiction weccssaiv to give effect to ground 1!, and section 75 of the Legislative Art was a specific declaration that the names on the completed roll and not others were entitled to vote.

Three witnesses wore examined. One staled he went (o a certain booth which' was not open al D o'clock on polling* day, and half an hour nflerwardsit was not open. Another gave evidence as to the No-license Party holding a procession of motor cars'having attached tile words "no license."

The Court adjourned till to-morrow