A MANDAMUS.

Wairarapa Age, Volume XXXI, Issue 3072, 17 December 1908, Page 5

A MANDAMUS.

TO THE RETURNING OFFICER AT MASTERTON. A FRESH ELECTORAL COMPLICATION. RESPECTING THE LOCAL OPTION POLL RECOUNT. Permission has courteously been given us by Mr W- P. James, S.M., and the Returning Officer at Masterton, Mr W. Gillespie, to publish the following correspondence:— Memorandum from the Magistrate's office, Masterton. To the Returning Officer, Masterton. I have the honour to inform yo} that on a recount of the votes given at the Licensing Poll for the Masterton Licensing District, on the 17th November last, made in my presence to-day, I find that the result of the Poll as determined by you was incorrect, and I hereby order you in compliance with section 29 (f) of the Licensing Act, 1908, to give an amended public statement of the result of the Poll as disclosed by such recount and as shown on form attached hereto. (Signed) W. P. JAMES, Stipendiary Magistrate. Memorandum from Returning officer, Masterton. To the Stipendiary Magistrate, Masterton. I am in receiot of your Memorandum of the 4th inst., stating that you found on the recount of the votes given at the Licensing Poll in the Masterton Licensing District that the result as determined b.y me was incorrect and ordering me in compliance with section 29 (f) of the Licensing Act, 1908, to give an amended public statement of the result of the Poll as disclosed by such recount, as shown on form attached to your memorandum. Before complying with your order I wish to respectfully direct your attintion to section 24 (c), whsn you will notice that the result a3 determined by me has not been affected by the recount. (Signed) WILLIAVJ GILLESPIE. Returning Officer. Memorandum, The Magistrate's office, Masterton.

To the Returning Officer, Masterton. In reply to your letter of the sth inst., you are quite correct, the result has not been affected, there is no necessity to advertise. (Signed) W. P. JAMES, S.M. Subsequent to the above correspondence a writ of mandamus has been issued by Herbert W. Pownall, of Masterton, law cleric, to William Gillespie, Masterton, Returning Officer, asking that the latter be compelled to advertise an amended public'notice of the poll as disclosed by the official recount. The grounds set out are as follow: (1) That as it is the duty of the above-named, William Gillespie, to give such public notice of the result of the Poll as disclosed by the recount. (2) That the plaintiff is by law ' entitled to the performance of such duties by the.above-named defendant. (3) That the defendant has wrongfully declined to give such public notice as aforesaid. Mr Skerrett, counsel for the plaintiff, will move before His Honor the Chief Justice at the Supreme Court, Wellington, on the 18th day of December, at 10.30 a.m., in the direction set out by the mandamus.

THE PROVBIONS OF THE STATUTE. ON WHICH THE MATTER HINGES. Section 29 of the Licensing Act, 1908, sets out: —"If on the recount the Magistrate finds that the result of the poll as determined by the Returning Officer was incorrect he shall order the Returning Officer to give an amended public notice of the Poll as disclosed by such recount and such amended public notice shall supersede the original notice and take effect accordingly." The stand the Returning Officer has taken therefore rests on the judicial interpretation of what the Aot intends by "result." The details of the two counts show that Mr Gillespie's official return differed by 1 3-5 votes on the issue for No-License from the Magistrate's figures.