LICENSE PETITION.

Wairarapa Age, Volume XXXI, Issue 3062, 5 December 1908, Page 5

LICENSE PETITION.

TO UPSET THE POLL AT MASTERTON. LODGED YESTERDAY. A COMPREHENSIVE DOCUMENT. NUMEROUS IRREGULARITIES ALLEGED. Yesterday the following petition was lodged with Mr W. P. James, S.M., at Masterton, by Mr C. A. Pownall, oh behalf of the license advocate* of Masterton. Thd petition contains fifty signatures, and reads— PETITION FOR ENQUIRY AS TO RESULT OF POLL UNDER "LICENSING ACT, 1908." In the matter of a Licensing Poll held in the Masterton Licensing District on November 17th, 1908.

The petition of the undersigned electors of the Masterton Licensing District, namely : (Here fol low names of petitioners) * 1. Your petitioners state that the said Licensing Poll was held on the 17th day of November, 1908, and that the Returning Officer has declared the proposal to be carried that licenses be not granted in the district.

And|your petitioners say that—(a) The said poll was void because tbe Masterton Licensing Dis-

trict at the time of taking the said poll was a new district within the meaning of section 8 of the Licensing Act, 1908, and no Gazette notice was published as required by paragraph (e) of the said section 8, specifying with respect to such dis-

trict the section or sections of the said Act under which the poll should be thken in that district, having •regard to the fact that such poll was the first Licensing Poll in such new district.

(b) The said poll was void, or continuance was carried, because the persons who voted at the said poll (with the exception of your petitioners) were not adults, and had not resided in New Zealand for one year, and had not resided in tbe said electoral district lor three months immediately prior to his or her registration on the rol! of the district, and were not lawfully on the roll in respect of a property qualification and generally were not qualified as electors within the meaning of section 35 of "The Legislature Act, 1908," or "The Licensing Act, 1908,"

(c) That the population of the said electoral district having increased sinca the taking of the last census in he said district by at least 25 per cent., the voting paper used at the said poll should have contained, and did not contain, a proposal as to increase of licenses, or a separate voting paper should have been and was not upon such issue given to each voter; and that therefore the said poll was void. (d) Subject to clause "A" of this petition that the boundaries of this district were not gazetted as required by the "Electoral Act, 1908," and that therefore the poll held within such district was void.

(e) That the absentee votes were permitted to be recorded at the said poli, there being no power or authority for the issue of permits for same, or-for recording the said votes under "The Licensing Act, 1908."

(f) That the poll was void or the proposal declared carried aforesaid, was not carried, upon the ground or the following irregularities in the taking of the poll which petitioners say materially affected the result of the said poll, and tended to deteat the fairness of the poll. 2. At principal booth, Masterton: (a) On the day of the election, the 17th day of November, a procession of motor cars left tho Young Men's Christian Association Buildings in Masterton, filled with young ladies, and went through the principal streets of the town, each car carrying a pole with a streamer attached on which the words "No-License" were printed. These were taken down later on, but were seen by a great number of Masterton residents.

(b) On the day of the election, the 17th day of November, 1908, the hoardings in Masterton had large placrards exhibited, —being cartoons of a man carrying on his back a barrel of beer, and other devices with the amount of Masterton's annual drink bill, printed thereon —which had been there for weeks previously, and which were not destroyed, defaced or pulled down, until the day after the election was held. One of these placards was within a few yards of the principal polling booth in Masterton. On the top of these cartoons in large letters were printed the words—"Strike Out the Top Line."

(c) The local booths closed at 6 p.m. As soon as the doors of the principal booth were closed, Messrs McGregor, Dixon and Wise, leaders of the No-License party, were admitted to the main booth, and although not interfering in any way were present the whole of the time the voting papers were being opened and counted.

(d) On several occasions voters returned their papers (voting papers) to the Deputy-Returning Officer, errors having been made in striking out wrong lines, or mistakes having otherwise been made by the voters, to whom papers for voting were delivered. These papers were sealed up as spoiled papers, and fresh voting papers were issued and recorded. (e) Several voting papers issued to votors, who tjhrough ignorance and infirmity, could not exercise their vote have the names of the Deputy Returning Officer and scrutineers written across the face of the' voting papers, and these votes were recorded as valid votes.

(f) At Lansilowne booth, a voter, wishing to vote.for continuance, ruled out the top line in error. She appealed to the Deputy-Returning Officer for a fresh paper, stating that she had made a mistake, and had ruled out the wrong line. The Deputy-Returning Officer, Mr Donaldson, another No-License supporter, opened the paper and saw the top-line ruled out, and then returned the paper to the voter, and insisted on its going into the ballot box as it was. The voter was therefore forced to vote against her wish. (g) At Mangamahoe booth, on the arrival of Mr Eli Smith, J.P. (De-puty-Returning Officer for the Electoral Poll), he found a calico placard nailed up over the booth by the scrutineer of the No-License party, with the three issues printed thereon as appears on the actual voting paper issued, and the top line struck out in red. The heading was "How to Vote" in large letters. Mr Smith this being pulled down, and he himself did pull it down, the scrutineer referred to refusing to move it. '

(h) At Pori booth: At this booth a well-known No-License supporter, Mr A. E. McDonald, walked into the booth with a lady voter, and on being ordered out of the booth, he defied the Deputy-Returning Officer, and refused to leave and did not do so, until he had seen the last voter strike out the top line telling her to take no notice of the officials. This was reported officially by the DeputyReturning Officer to the Returning Officer, but so far nothing has been heard of it from him. The lady referred to was "Mary Ellen Howard, No. 2386," on the roll. (I) At Eketahuna booth: A man named William Cruickahank, junr, applied for a voting paper, but was refused on the ground that he was not on the roll —he was not as a matter of fact. Hi, however, hclds a letter from the Registrar of Electors at Masterton, stating that in accordance with his application he had been enrolled, and was therefore entitled to vote.

(j) At Rongokokako booch:, This booth was not opened until halfpast nine a.m. or thereabouts. A voter named James Bright was on his way to the factory, and was there at 9 a.m. o'clock waiting to vote, but the booth was not open, and he had to wait there till it was open.

(k) At Masterton No. 4 booth: In this booth, Nos. 7558, Arthur E. H. Styles, and No. 7559, Esther Styles, recorded their votes. Neither of these voters were entitled to record their vote as in each case they had only been in the district twelve weeks on the date of the election. They came here in August, and were enrolled on 21st September by one Ibbetson, a canvasser for the No-License party. Also No. 7381, Laura Emily Rosyth, voted and was not entitled to vote by reason of not being in the district three months before she filed the applicacion for enrolment. This voter was also placed on the roll by Ibbetson aforesaid,

3. That persons voted in this electorate, who were on the roll in other electorates, and persons [who were on the roll in other electorates voted in this electorate.

Wherefore your petitioners on all or any of the grounds aforesaid pray that it may be determined that the said proposal was rejected and not carried or that the poll was void. Dated at the town cf Masterton, this 4th day of December, 1908. Mr James has not yet decided on the date on which the petition is to be heard. HEARING OF THE PETITION.

WHAT MAGISTRATES MAY SIT.

POSSIBILITY OF MR JAMES' ABSENCE.

In conversation with an Age reporter the Magistrate stated that the Act required the petition to be proceeded with within 14 days after the result of the recount. His Worship has his time fully occupied within that period, and so have the two Wellington Magistrates, Dr McArthur and Mr W. Eiddell. Mr Jamas will leave on holiday leave about the 20th inst, and it is probable that the Magistrates who are to hear the petition will formally meet, within the statutory period to come to a decision regarding the hearing of the petition. If it is not gone on with straight away, and not adjourned until after Mr James" return, another Magistrate may sit in Mr James' stead.

Mr James stated that it was unlikely that both Wellington Magistrate's

3 [ wili sit at the hearing of the petii tion, as that would cause inconven- , ience. In that case Mr A. D. Thornj son, Magistrate at Palmerston North, ; will act. AN ELECTOR'S QUERY. ' PERCENTAGE OF VOTES REQUIRED IF FRESH POLL TAKEN. (To the Editor). Sir, —Would you kindly inform me through the medium of your valuable paper what percentage of the electors on the roll would need to vote at a general election to make the Licensing Poll valid; and where a second ballot takes place on account of a voided poll, would the same percentage of those on the roll be required?—l am, etc., ELECTOR. Masterton, 4th. December, 190 S. (No particular number of electors would have to vote in the licensing issues, when an Electoral Poll is taken simultaneously with the Licensing Poll, but sub-section 3of section 4 of the "Alcoholic Liquors Sale Control Act Amendme.it," states that "no poll shall be valid in any district in which no Electoral Poll is taken unless at least onehalf of the total number of electors on the roll of the district shall have recorded their votes"; also, section 16 of the "Licensing Acts Amendmenf'isas follows:—"Where any Licensing Poll is declared void under section 12 hereof, notice thereof shall be given by the Chairman of the Court to the Returning Officer, and a fresh poll shall, on a day to be fixed by the Returning Officer, being not later than 40 days after the date of such notice, be taken in the manner prescribed by the Licensing Acts in the case of a Licensing Poll: Provided that no such fresh poll shall be valid, unless the number of voters who recorded valid votes thereat is not less than 55 per centum of the number of such voters at the voided poll, and the provisions of sub-section 3 of section ,4 of the Amendment Act of 1895 shall not apply to such fresh poll."—Ed.W.A. To validate a poll for the Masterton election, therefore, 50 per cent. of 5391 votes—the number of valid votes ascertained on the recountwould be required to be recorded. This number would be 2965.—Ed. W.A.)