THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. MONDAY, OCTOBER 13, 1879.

Thames Star, Volume X, Issue 3372, 13 October 1879, Page 2

THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. MONDAY, OCTOBER 13, 1879.

On Friday the Committee is to bo appointed in the House of Representatives to enquire into the petition against the return of Sir George Grey. We believe the petitioner rests his case altogether on an opinion of Mr Whitaker, given, by that gentleman in 1876, upon the petition of Mr James Mackay. The following is the opinion, and is of interest at the present time :—"3?hat it appears by the law of Parliament that a person having been duly returned as a member for one district, is ineligible for another district until his seat is vacated. That the law of New Zealand makes no provision by. which a member duly returned can after a general election resign his seat before a Speaker of the House of Representatives shall have been chosen. That according to the law of the Imperial Parliament, a person may be returned at a general election for two places, and has the option.of choosing for which place he will sit. That the reason for Btich law appears to be, that the writs for the Imperial Parliament are made returnable on a future and by law a distinct and certain day (being the day on which Parliament is appointed to meet) ; and therefore within that time, though the returning officer may transmit the writ to the Crown office he is not obliged to do so, nor will the law take notice of its being returned till the day on which it is made returnable. That, by the law of New Zealand, the writs on a general election are made returnable not on a certain day but on or before & certain day; but the returning officers are required by law, after endorsing them with the names of the persons elected, to return the writs. That the returning officer having on the 22nd day of December, 1875, endorsed on the writ for the district of Auckland City West the name of Sir George Grey, X.C.8., as the person duly elected in pursuance thereof, and tho writ with such endorsement having been returned to aud received by the Clerk of the Writs on the 6th day of January, 1876, Sir George Grey then became a member duly returned, and, not having vacated his seat, there being no law enabling him to do so, was ineligible for the District of the Thames on the 11th day of January, 1876, and therefore that his election and return for that district was void.