West Coast Times. TUESDAY, MAY 15, 1866.

West Coast Times, Issue 204, 15 May 1866, Page 2

West Coast Times. TUESDAY, MAY 15, 1866.

An important question is not unlikely to arise in connection with tho approaching nomination of candidates for the new Westland seats in the Provin- ! cial Council. We refer to the legality of the power assumed to be exercised by the Returning Officer in accepting or rejecting the nomination of any candidates proposed. At tho first election of representatives for the district, Mr Sale, after some argument on the point, acknowledged himself in the wrong as to the first docision he had come to, and consented to receive the nominations submitted to him without entertaining the question of tho legal qualification of the gentlemen proposed. But at the more recent nomination of candidates for the seat in the Assembly now filled by Mr. Moorhouse, Mr Sale took occasion to challenge the qualification of each of the two gentlemen proposed. Wo have no hesitation in saying that in adopting this course the Returning Officer acted entirely without -warrant of law, and that if the candidature of any gentleman proposed had been rejected by him on the ground of his not being satisfied of the validity of his qualification, tho whole election would have been voidable. Mr Sale, in the first instance, recognised the obvious fact that he was not the person or the power authorised to decide or pronounce upon any question of qualification. It was his duty simply to receive the names of candidates legally proposed, to take tho show of hands upon them, to appoint a poll if required to do so, and to return upon the writs the names of the gentlemen who had received the largest number of votes. Here his authority began aud here his responsibility ended. It is fortunate for Mr Sale that, under the new view of [his duty which he seemed to take when Mr Moorhouse and Mr Shaw were proposed, there was no third candidate presented of whose title to sit ho might have bsen doubtful. The only inquiiition the Returniug-officer hag any right to make, is into tho qualification of tho proposers and seconders of candidates, whose sponsors must bo bona fide electors. On this point he has a right, aud it is his duty to satisfy himself, but beyond it he is powerless to interfere with the ordinary course of election. That this is a correct view of the case is patent from tho fact that the Legislature, in the jealousy with which it guards its privileges, has taken care to appoint a special tribunal to .try all questions of qualification, and to interfere with w anticipate this jurisdiction would be an act of contomptx We have on a former occasion quoted the letter of the law bearing on this subject, and we again cite from it as most pertinent to the present situation. 1 The Act of the General Assembly, VfoJ xxi,, xx., N0.59, is " An Act to amend the law relating to the election of Superintendents of Provinces and Members of Provincial Councils," and it contains the following very clearly expressed clause (No. 9) :— " The right of any person claiming ;to hold the office of Superintendent, or to be a member of a Provincial Council, shall be determined on information in the nature of a ' quo warranto,' and by no other mode, except in such cases as aro provided for by the 11th section of tho Constitution Act." This section refers exclusively to cases in which seats havo become vacant through non-attendance, bank-

ruptcy, or other default of members. All questions, therefore, of qualification of members returned to sit in a Provincial Council are directed to be tried by writ of quo warranto, " and in no other mode,' 1 and tho circumstance of this special mode of prooedure being ordained by the Legislature is sufficient proof that the Returning Officer is precluded from any inquisition into tho facts. The precaution has even been taken to prevent controverted elections being adjudicated upon by the Provincial Council— doubtless lest the , question at issue should be biassed by party influences. It has been purposely reserved for a judicial tribunal to deal with, and that the highest tribunal of justice in the colony. Nothing could be a more unwarrantable atretch of power than for a mere Returning Officer to arrogate to himself tho notions of the Supreme Court, and assume a power which has been denied, for valid and forcible reasons, even to the Provincial Council itself. Whatever gentlemen may be nominated on the hustings — provided their proposers and seconders aro duly qualified electors — will bo candidates legally before the constituency, on whoso behalf theßeturning Officer will be bound to take and to record all votes tendered for them. And if on the nomination day he should refuse to record their names, and put them to the voices of the electors present, the election will be voidable, on the ground of the illegal rejection of candidates. We presume that the Returning Officer will be well advised in tho courso he adopts ; but seeing the indecision displayed by Mr Sale in tho first instauce, and the very questionable courso he pursued in the second — and anticipating the possibility of the electors being disposed to assert their right of freedom of choice — we have deemed it well to call timely attention to the provisions of the law bearing on this subject.