AN ELECTION VOID.

Taranaki Daily News, Volume LVII, Issue 284, 10 May 1915, Page 8

AN ELECTION VOID.

Till': BAY OK ISLANDS SEAT. ESSENTIAL IMIAKGE PROVED. By Telegraph.—Prow Association, \fI". Justice Cllliplllilll iU!<L Mi'. .hut.Vfi ilosl;ing delivered their judgment at the «•!!!:• Or.Hli (ll'S 11 !<;;•!! ill'.; in v<—■ i;'V t. of tin- Hay of 1 j'liimis diction petition, in v.'hicii Sir .John Eindlay, K.O. and Iftwrs. P. Levi and \V. 1\ Kuden appeared for ptitianm, and Mr. .J. U. Kced, and Mr. J'. .McYea.gh for respondent,, A;i - . Yeni'iii Herbert Heed. There are numerous a'legntions in the petition, all of which except three were abandoned cither befo">'e or at the trial. The first of these three in that tie respondent hy himself and through Ills a{?ent, Mr. .T. C. .Tolmson. of Kauri, nm-le an offer or promise to induce Mr. Georce Wilkinson, one of the candidates for the scat, to procure the retnoi of the respondent to servo in the House of Representatives, such oli'er or promise being an appointment to the Legislative Council (which oiler or promise the respondent and Mr. Johnson represented to Mr. Wilkinson they were authorised by the Government then in office to make) on condition that Mr. Wilkinson would retire from the election and so procure for the respondent the votes or a substantial number of the votes that

would he cast for Mr. Wilkinson if the latter vent to the poll. The second | charge Is that respondent and his agent p;';!e the further offer or promise to Mr. Wilhinpon, in order to induce the '.il't-r lo procure or endeavor to procure the return of<nv;pende;it to ccr;-<- in <he Jioosc of l!o"i"c-a , ut.ati*'e-., that Mr. Wilkinson would retire from t ho election +<> enah.e the respondent to he elected. The respondent would re.u<;n his H-at. 'n the House lit the end of twelve month'' from the date of his election and would (lien ivc all his influence to litive Mr. Wi'kinsen elected in rewoiHlenl'K nlnce n i a member of the Mouse. The, third /chnr"" is that respondent hv liis nsrent one .T. .Incentho. sen., of T'eria, offered and promised Mr. Wilkinson to induce h'tn to procure or endeavor to procure 'he retm-n of tlie respondent to serve in the House p, cheque of an ninntnf, equivalent to all the expenses M>\ Wilkinson bad been put to in preparation for his candidature for the election and in ■eiuieetion with such candidature on condition that the said Wilkinson would retire from the ''lection for the purposes :'fcvf':-aid. 'At thn election the respondnit p.nd ' Mr. Wilkinson stqod in the Government's interest, and a thin] candidate, Dr. Buck, in that of the Opposition. Respondent was returned by a majority of IS!! votes. Broadly speaking, the principal charge is that, respondent offered or promised to procure a sent, for Mr. George Wilkinson in the Legislative Council in order to induce Mr. A\ i'kinsr.n (o procure or endeavor to procure the return of respondent to serve in the House of Representatives. After leviewiiiif the evidence at, great lencrth, their 'Honors; said:—"With refa rd to the charge made of ofl'crimr Mr. \\ ilkiuson his expenses if he would retire, we do not, consider this lias been established. It is true Mr. Jarentbo made an oli'er, hut in our opinion he did so without any authority, express or implied, emanating from rc -nondent. The result of our inquiry is that we hold the first charge to he proved, and do- , termine and certify that the election of respondent to the House of Representatives at the poll taken on the 10th day of December, 1014, in resnect of the "ay of Islands electoral district, was. and is, void. We desire to add that all witnesses, including respondent, gave their evidence in such a wav as to commend themselves witnesses of the truth, according to their recollections. We may add that there was no special conflict of evidence beyond such as we believe arose only from faded memorv or misconception. The facts essential to our finding are, indeed, supplied by the evidence of respondent himself, which. [ in our opinion, was given frankly and fully. ft left the impression 011 our minds that the candidate was not conscious in what; he did he whs committing what we have held to he a breach of law. The same remark applied to other Witnesses "who were engaged in the matter. We might say with regard to Mr. Jacentho that he is ail old man, who stated that his memory was failinsr him. This was apparent, for he could not recollect, and somewhat departed from (we believe in good faith), a eer- ' tain statement which he was understood ' to have made some few -weeks before to a shorthand writer and a solicitor acting for petitioners. lie further disclosed at the trial the influences which led to his proposal to Mr. Wilkinson of matters unknown to either party until the trial. These are matters to lie considered in weighing his evidence on the third charge against that of the ■ lespondcnt. Neither party imputed any 1 want of good faith. Mr. Jacentho anil . both parties joined in asking the Court | to grant him a certificate of indemnity. ! As We are of opinion that he answered the questions put to him fully and faithfully to the hest of ! his recollection we grant, a certificate accordingly. We also ■ consider that the respondent and Mr L .Tolmson are eptitled to similar certifl- ! applying for the same. ; With regard to the 'period for which ' the incapacities the respondent come under by virture of our determination are ■ to continue we fix that at one year from ■ date the maximum under the Act liein" three years. As arranged at the con" elusion of tlm hearing, we reserve for furfur discussion all nnostions of costs.*' 10 the argument that the respondent could not oiler the seat," said their 11011,T,V -v T a ," S "' ( ' r is tllat !t is clear t at Mr. Johnson understood from him vr 1 unrl <"lhtedlv be given if Mr. Wilkinson retired. The respondent M s „y« that Mr. Wilkinson would C , t!lc ao ' at lf I'O would accept it "Vfr ■Tolmson at that date believed there wore • grounds for saying so (see his letter to Mr Wm--' V thfi 27 f Jannar - V - V, . Wllk "«son says that the offer was nothing new to him. The respondent • d a* far hack as 1013 suggested first Mr. .Tolmson and afterwards Mr Wilkin son as suitable persons to appoint to the Council because no resident north . inland !, »d been on the Council since the death of Mr. Williams e v years before Mr. Wilkinson had a" 1 • I3O , CT ' askfi( ' whether he was willing to accept the position. A distinct offc? now comes from the sitting member and the political influence which natural may be presumed to he possessed bv the rc i-iiondent 111 that character was a guarantee that the offer was not, illusory, fill evidence establishes that the respondent assured Mr. Johnson that the

olfer had a sufficient liasis of certainty in it, so that tile strength of it Mr. Wilkinson could safely retire and not be disappointed. It was intended that this proposal should lie as linn and certain as the respondent's alternative •(•riiiiiiso to retire. While ire regard the e facts as sufficient to establish the, oli'er of the office, we think that if they ] do nut reach that mark tlicy imply a | promise to procure the office'or to en-, "•iU'.r to procure it as fully as did' Uie letter in the, Wellington suburbs i election by the assurance of the seat' '••••veil '»y the respondent. There was at lei.st implied the promise that lie would | net in favor of fretting it for him. It was argued that the oli'er was made before the candidature of Mr. Wilkinson was publicly announced. We do not think that material. Mr. "Wilkinson's intention in April to become a candidate WW'S known to the respondent. If )Mr. Wilkinson had retired, bis retirement would have been an act done in pursuance of a. nlan to ensure the respondent's return. No retirement, in point of fact, took place, but the appointment was made, and Mr, Wilkinson was thereby rendered no longer as a candidate. Then the acceptance of the appointment being in pursuance of the plan would have been an endeavor or offer of an office to induce a person to endeavor to secure a return is as we have seen with the prohibition of sub-section C with respect to the second charge founded on the respondent's undertaking to resign at the end of twelve months AVe, as already indicated, regard this as part and parcel of an oli'er, artd not as the subject, of a distinct charge. We do not think this could he the basis of twodistinct charges of bribery. We therefore pass over this charge as included in the first."

■THE ISY-ELECTION.' HOVERXMEXT CANDIDATE, Auckland, T.ast Night. A candii/afu in the flovernment interest mi the Bay of Ts'auds by-election will be Mr. William Stewart, of Kawakawa, having wide interests as a general agent and farmer. Mr. Stewart is ft prominent figure in North Auckland, lie IS chairman of the Iky of Islands County Council, and chairman of the Bav of Islands Hospital and Charitable Aid Board, having occupied the latter office since the inception of that board. TTe was a member of the Royal Commission which renerted last year on the kauri gum industry, and he has also acted in a number of other public 'positions. He will op«H his campaign immediately. It is understood the election is to be held as early as possible.

TITE TAUMARUXUI CASE. * ADJOURNED TTIj; FRIDAY. 'Auckland, May 8. Hie hearing of argument in connection with tin* Taumarunui election petiwas continued yesterday afternoon, and last evening. The Court instructed Mr. Schramm, nturning officer at Te Kuiti. to go by train to Te Kuiti and bring down package.; with a view to searching for the comitevioila. .Mr. Justice Cooper ex- ] plained tlmt it might be that the misa--1117 counterfoils would lie found, in another pack-nec. The Court wanted to know whether or not these counterfoils were in existence. It might be that some one had destroyed them. Certainly. J', lot were missine-. The returning officer said lie could return by train on Monday afternoon, and he was instructed to bring all naekn"cs and report to the Registrar of the Court. Counsel then argued certain points raised during the hearing, including the place of abode of respondent and the question affecting the group of persons who registered before October 27 on claims which did not show they possessed three months' residence qualification. 'Mr. Justice. Cooper coniplimented both counsel on the conspicuous ability "with v.'liioh thev had argued the case. They womd adjourn the Court until Friday,' when the Judges might be able to de-1 cide whether they won'd order a scrutiny of the votes. Their Honors did not know at present, but they might find that they had sufficient material on ■ which to give a final judgment.