TAUMARUNUI ELECTION.

Taranaki Daily News, Volume LVII, Issue 283, 8 May 1915, Page 4

TAUMARUNUI ELECTION.

lIIC'ARINT,! OF THE PETITION". 'IIIK CASIC FOR PETITIONER. liy Telegraph,—Press Association. Auckland, Last Night. Hie Tauinarumii election petition was fill-tiler considered liy }lr. Justice Cooper and Mr. Justice Chapman to-day. Mr. A. 11, Johnstone appeared for -petitioner, Mr. C. K. Wilson, and Mr, (I. i>. Findlay for the respondent, Mr. \V. T. Jennings.

In the course of his argument, Mr. Johnstone referred to various groups of persons whose votes he submitted should be disallowed. There were several aliens, two infants, and nine persons who admittedly lived outside tile district. and two others, including the respondent, whose residence was outside the district that was disputed. There was a general group of people who at the time they claimed registration had not fuhiilcd residential requirements, ill-. Justice Cooper remarked that there was no evidence that those lustmentioned were not qualified. Counsel relied solely upon the invalidity of the forms. The Court, would have to consider the effect of the decision of the Full Court.

Mi'. Johnstone agreed that he relied Oil the invalidity of the forms except one in the general list he mentioned. Among other groups were full-blooded Maoris and all persons who at the time they claimed registration had not fulfilled residential qimlilications. After further argument, Mr. Justice Cooper said the main question before the present Court was: Had a person a status, not when lie was put on the roll, but when he cast his vote? Was he a_ person qualilied to vote? If the Court ordered a scrutiny, n point that hail yet to he eonshh red, it would become necessary to open every ballot paper to the number of 7000 odd. That would probably take three weeks or more.

Counsel said that even if the ballot papers were opened it, would not be possible to identify voting papers where the counterfoil was mining, licplving (o a 'l'lery from the Tlcuch, counsel said adnnssiou had roughly reduced the number of votes asked to.,be disallowed to about 00. Mr. l'indlay: Mr. .fennincs's majority at the election was 2'15. ' ' ' Mr. Justice < hn|Amait: Then if all those (if! votes were disallowed von still have 14") against him. Mr. Johnstone responded that lie did not rclv on the actual number of votes disallowed, but more upon irregularities lie argued that a scrutiny should be ordered, and stated that at several booths counterfoils wee missing. Taking in 2.) votes (juite unaccounted for, there were .'!7O case 4 of votes which could not be identiiied with the roll numbers. It was possible also that under the heading of plaral voting alone lo(i oa*'e< would be discovered. Counsel then came to the case of dames Burns Young.

Cooper." have been nothing more irregular than' Young's action in sending in claims which he witnessed without having secn them signed. He admitted 20 such cases."

Mr. Johnstone: I submit there were more than 20. The evidence was sufficient to suggest that lie made a practice of it. Xo pains were spared by the electoral ollice to make it 'plain to people how the forms were to be lilleil in. Young must have known exactly what, was required. Young was a most energetic man, having placed about 0(10 people oil the roll. When the case was (•.pencil f knew of four instances of claims having been attested by Young, and subsequently signed by tile claimants. One witness proved two more. I selected forms at random and in every case Young admitted they were signed by him before they were signed by the claimants. I was able to take 10 from a bundle and proved 15 of them. His evidence as to the number is entirely unreliable. He was obviously a man who had no sense of his duty because when confronted by your Honor with having done a highly improper thing he turned round and said: "That was a technical breach."

-Mr. Justice Cooper: The matter and maniu'r of his evidence sliow that lie was unworthy of belief.

Mr. dohnstone: That is so. and 1 submit that the inference whioll will be drawn from his conduct is, not that lie returned 20 or 40 forms improperly, but that he made a practice of it.* lie was a paid servant of the Licensed Victuallers' Association, a man whom business it was to <;et claims filled in, anil he did it in the easiest possible wav for himself. Young's conduct afforded evidence of irregularities of a most serious and far-reachiny kind. Not only was it possible that persons were put on the roll without qualification, kit the whole declaration which was required to he made was done away with.' hi regard to (he question as to whether Younjr was an of .Mr. Jennings, counsel quoted cases on the point to show that he was. It could not he said, lie continued, (hat fhe election was other than in doubt. There are still about '2(O votes in question. .Johnstone then came to (lie question as to ' whether Mr. .Tennimjs v.ns entitled tfl be a candidate at (lie election. It was Hi!;mi((c:| that he was not so entitled, lie was not qniOj!!,.,! by law (o he an ehvfur in (he district. He v.',"'; wrongly on (he roll, and therefore was not qualilled to stum! as a candidate. The matter resolved itself into a question ot residence. Was Mr. .Tennin«s a resident in (he Tniinlarnnni district for the motidi previous to the c'osin" of the roll ? There imisf. bo pc-rmniH'iKV ml>om£ sin ivsiili'iioo. Visits toi" luisiiH' ;:i or dut not show iv.;ulrit<'c. A honn\ be mainf ainnf, Tor Ins wife iuid family -luniM Ih> ttvaioil "s bis ivsiil«*ncf».

Ur. -liist( 4 (>oi•:• r: A n;nn nuiv vo -i.V in two or thrrc |<lac.

' nunsel: i suli m jl. (lint fur I'ie pur'.irsis of (lie KM»ral Act lie could not do so.

Tin- lieanii"- was adjourned until tomorrow.