OHINEMURI LOCAL OPTION.

Taranaki Daily News, Volume LII, Issue 4, 29 January 1909, Page 2

OHINEMURI LOCAL OPTION.

J'KTITIOX AOAIXSI' ITS VALIDITY. By Telegraph.—Press Association. Waihi, Last Night. The enquiry into the petition lodged against the validity of the Oliinemuri licensing poll by eighty electors has occupied the attention of a special court, consisting of Magistrates Burgess, Col. Roberta and Culten, since Monday last, is still proceeding. Mr. Skerrett, K.C., and Mr. Cotter, with three local solicitors, represent the petitioners. Mr, Adams (Dunedin) and Mr. Millar represent respondents. The petition consifted of thirtv clauses alleging irregularities.

Mr. Skerrett, in opening, asserted that the licensing poll should be taken as a secret ballot and must lie held substantially to be valid according to existing law, and substantially so as regarded the secrecy of the same. He referred to three classes of irregularities, and submitted that it was for the respondents to show that such irregularities did not and could not materially affect the result of the poll. Dealing with the | petition, he allirmed tiint the Oliinemuri ; poll had not been conducted according io law. Neither had the returning ollicer discharged his duties according to statutory instruction. Mr. Skerrett ilm'U reviewed the manner iu which the poll had been conducted in the central booth, submitting that the. same had not been carried out according to the provisions set forth in the Electoral Act. Prom the very first, he asserted, the returning ollicer by his methods lost all control of the voters, and that no check was maintained on them. This was a vital point. Also there was no protection against the undue influence | -ol voters when in the very act of eastj ing their votes. The manner in which the poll clerks were employed at the entrance was also a gross violation of the Jaw. He would show that chaos , reigned, and that the names ot -mors who had recorded their votes had not been marked on the roll according to the provisions of the Electoral Act. Alter 11.30 o'clock it was a case of "let 'em all come,'"' and in they come, and all control was consequently lost, lie considered that there; was realty no ballot. The voter fought their way to the. voting compartments, back to the boxes \ and then out of the booth. Force of example was a powerful one, and voters in comparing and showing their papers had a strong tendency to influence votes; in fact, all secrecy had departed. In regard to the procedure after the poll three parcels of ballot papers had been unlawfully opened. The keys of the main booth had been lost, and were ultimately ltcovered under the horse trough opposite the booth. "Messrs. Hunt and Regan (deputy returning ollicers) and Robertshaw (assistant clerk) gave corroborative evidence, alleging irregularities throughout the poll. I;i all, thirty-lour witnesses were examined.

! At the conclusion of the taking of petitioners' evidence to-day. Mr. Adams submitted that the petition should lie dismissed on the grounds that no specific charge had been proved calculated to materially ailed tin* result of the poll, and he would therefore apply to have the petition dismissed. Mr. Skevrett, in reply, quoted many judgments and authorities in support of his contention that the vital principle of the ballot was secrecy, and this, he urged, had been violated by the manner: in which the present poll had been J conducted.

Thf Court deferred its decision in connection with .Mr. Adam*' application till to-morrow morning.