West Coast Times.
WEDNESDAY* MARCH 28, 18G6.
Satu&sa.y next, tho 31st inst., is the last day allowed by law for sending in claims for registration on tho Electoral Roll. Mr Warden Revell has been gazetted as Registration Officer, find claims are directed to be sent to him, to the Resident Magistrate's 'Court, at Hokitika or Grrcymbutlh They may bo delivered or posted ; but if tho latter, tho precaution Inust be taken to post them sufficiently early to ensure their receipt %y tho Registration Officer on the day named. The claim must bo filled up on a " form," and the slightest deviation from accuracy in stating the particulars required by tlio Act, will be sufficient to invalidate it, If it is addressed to tho Resident Magistrate instead of tiro Registration Officer it will be invalid. If any " qualification ' is inserted other than that of freeholder leaseholder, or householder, it will be invalid. If, under tho head of " Place where property is situate, and name and description of same," a popular description is given, such as ■• house in Rcvcll-street, Hokitika," it will be invalid, the law requiring the number of the section and block of 'land as On the survey map to bo set forth. Again, if the attesting witness to the signal ture of the claimant, does not describe his own qualification as either that of freeholder, leaseholder, or householder, it will be invalid. Such are the jealoiw preliminary precautions with which the law guards the purity of elections and the sanctity of the voter's right ! Do these registration regulations apply to tho electoral district of tho West Coast? If not, tho notice issued by Mr Revell is in effect a mere sham, and would be an impertinence but for the possibility of its being a necessary compliance with the technical requirements of an Act of Parliament. Yet Westland, although' a district authorised to return a representative to tho General Assembly is a gold-fields district only, and as such enjoys a special goldfields franchise. It is of tho essence of this franchise tbnt no registration on an electoral roll shall be required, to give it validity. The " Miners Representation Act " of 1863 provides that every man of twenty-one or upwards, being the lawful holder of a Miner's Right or Business License, having held it for six months consecutively, and immediately preceding the day "of election, shallbe entitled to vote "at every such olection of goldfields members of the House of Representatives, and of goldfields members of the Provincial Council, as is now or hereafter <shall bo provided by any act of the General Assembly or Provincial Council." '.By Clause 5 of tho Miner's Franchise Act of 1862, still in force, it is expressly directed that on llto presentation of the Miner's Eight to tho Returning Officer, tho holder " sluill bo tillowod to vote in respect of such right." Ft is clear, therefore, that tho registration machinery which has just been called into play by tho appointment of Mr Eevell under tho ordinary electoral law of tho colony, docs not concern in any way the holders of tho special gold-fields franchise, whoso title to vote must be recognised on their presentation to the Roturning-oflicer at any election, of Rights held for six months consecutively and immediately preceding the day of polling. Tho Act of 1 862, however, contains another clause (tho 6th), which is to tho effect following:. — "Nothing heroin cantained shall limit or intrrfcro with tho right of any miner to be registered for any district in respect of any other qualification which ho may lawfully possess." Under this clause we fancy Mr Rovell may have some work to do.
Westland is, by an Act of the General Assembly, constituted an electoral district, and a registration officer has been appointed for it. We apprehend, therefore, that in addition to the special Right. and License franchise, tho ordinary electoral qualification exists. This is an obvious implication from tho 6th clause of tho Act of 1862 Vic., -No. 10.) What then is this qualification ? First : the possession of a freehold estate within the district, of tho clear value of £50, to which the claimant shall have been entitled for six months. Secondly, the being holder of a leasehold of the clear annual value of £10, either three years in possession, or three years to run. Thirdly, the being a householder occupying " a tenement " of tho annual value (rent) of £10, within " a town," or of £5 outside the limits of a town, having resided therein six months. Tho first two qualifications obviously cannot exist within the district of Westlaud, where no freeholds have been created by the sale of Crown land's, and whero no threo years' leases can have been granted. But according to our interpretation of tho law, every man within the district who has been for six consecutivo months the occupier of a house, whether as his own landlord or as a tenant, of the value of ten pounds annual rental, is entitled to send in to tho Registration Officer a claim to have his name inserted on the Electoral Roll of tho colony. There is nothing on tho lace of tho Act to show that it makes tho slightest difference, whether tho tenement occupied is built on land held as private property, or merely held in possession under license from tho Crown,
If that interpretation of the law bo incorrect, it rests ri6^ With tlio&e who have a fair "prima facid" pretext on which to restthwv tlaim--but with some objector —lo raise the point. It may be desirable that the point should bo raised. But it is iho duty of the citizens of the West Coast, to act in this'matter upon the assumption that they hold the same electoral rights m those of the other districts of the colony. The Registration 'officer .has but one ,fas]y- to insert 6n the list 'the name's 6'f all claimants whose form, of olaim complies with the pr6\'is"ioi^ of the Electoral Act, in set-, ting forth their full names, places of abode, nature of alleged qualification, and situation of thn property in respect of which they claim. Out very earnest advice, therefore, to all who have been occupants for six months of a tenement, of the animal value of £10, is to Mgo their claim in the Resident Magistrate's Court, at either Ilokitika or Greymouth, not later than Saturday next. The document must bo filled up according to tho directions wo have already given ; and the genuineness of tho signature of the claimant must bo attested by the signature of an elector whose name is at present on tho Roll, and who must describe the nature of his own qualification as freeholder, leaseholder, or householder. The holders of Miners' Rights and Business Licenses, which confer upon them tho franchise, must bear in mind that they have no right, in respect of that qualification, dither of sitting in the General Assembly or tho Provincial Council, or of voting for tho election of Superintendent of the province ; and that on tho withdrawal of Westland from the .Goldfields, their special Goldfield's franchiso will bo extinguished. No more timely and useful policy could be pursued at this moment than a general claim for registration mado by all who possess or have reasonable grounds for believing that they possess, " any other qualification." It will then be seen what machinery may bo used to press tho technicalities of the law to the disfrancliiseinent of a district, wliich,*undcr a polititical system never intended to provido for the emergency that has arisen, must be confessed to be placed in a most anomalous and exceptional position.
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West Coast Times, Issue 164, 28 March 1866, Page 2
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1,273West Coast Times. West Coast Times, Issue 164, 28 March 1866, Page 2
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