West Coast Times. WEDNESDAY, JUNE 27, 1866.
A select meeting, convened by sound of hell at a fow minutes notice, was held last evening, at the Court-houso, for tho purpose of listening to one of Mr Commissioner Sale's oracular expositions of the law. Unfortunately, our reporter had not sufficiently timely intimation of Mr Sale's intention to dissipate the public darkness, to be in attendance ; but we have succeeded in catching a gentleman who was present, and who his endeavored (we are fain to confess, with very indifferent success) to convey to our mind some idea of tho grounds upon which Mr Sale has determined to deny the right of voting to every man who has not been a resident, and a holder of a business liceuse, for a period of twelve months. It is the first time we have ever heard of a twelvemonth's qualification in Westland, and we think it. would havo been far more satisfactory if Mr Sale, instead of convening a hole and corner meeting, at which no one seems to have understood him, had taken more open measures to satisfy public opinion. It appeal's that in consequence of tho arti ticlo whicli appeared in "The Despatch," on Monday eveaing, and which we republishcd yesterday, the Commissioner telegraphed to Christchurch, for advice, and that having received it he declined to act upon itj and determined to follow his own judgment instead. That judgment has led him to the conclusion that no one is a citizen of Hokitika, within the meaning of the Municipal Ordinance, who has not been for six months qualified to vote for members of the Provincial Council j and as no ono could have become qualified until he had been six months in possession of a Business Licence or a Miner's Right, the possession of either for a period of twelve months is necessary. Such is the interpretation put upon tho law by this gentleman. We have only to say of it, that is most arbitrary and most unjust — even assuming that he statement made in the article we have referred to, that the mining franchise has ceased to be of any force or effect, is a mistake. It may bo possible to strain the meaning of the Ordinance so as to disfranchise the great bulk of the citizens. But this is not Mr Sale's duty. The Ordinance is an enabling Act, and should be interpreted liberally. The object of tho legislature was to enfranchise generally the class who might be expected to constitute the futuro ratepayers of the town, and in anticipation of the creation of such a body, to take, in the first instance, the resident electors for the Provincial Counoil. The holding of a business license for six months prior to election, and the concurrent occupation of a tenement for the same period, constitute the qualification specified in the Ordinance. By a very ingenious interpretation — if it Is allowed to stand—Mr Sale has contrived to rob^ five-sixths of the householders of Hokitika, although qualified voters for the Provincial Council, of their right to take any part in the election of the nine men who are to be endowed with almost unlimited powers of taxing them, and of borrowing money on the security of their property. Happily, Mr Sale will not be allowed to give much mischievous effect to his narrow interpretation of the law, if the people aro true to themselves. As chairman of the public meeting to be held to-day, he is lleturniug Officer; but he is not the judge of the validity of any votes tendered. The first duty of the meeting will be to appoint assessors, and the assessors and the chairman are, on the day of polling, " then and there" to resolve all ""objections as to qualification — their decision, or " that of any two of them" being final. It remains, therefore, for tho citizens who expect very shortly ' to be the ratepayers of Hokitika, to take care that two proper men are appointed as Assessors — men who will not be bound by Mr Sale's disqualifying interpretation, but who will give effect to tho plain and obvious intention of tho law which was in applying the Municipal ordinance to Westland, to give the right of voting in the first instance to every holder of a goldflelds franchise, who had for six months consecutively been a householder within the limits of the Municipality, Let the peoplo do their duty in this respect, and all may yet be well. We notice that a meeting of the citizens is convened for this afternoon,
i'\ appoint a deputation to confer with the Superintendent, on the very grave complication of affairs that has arisen. Should His Honor not land in time, and should the Commissioner's dictum appear likely to be acted upon, tho only courso left will be to carry an adjournment of the Nomination meeting until after the Assembly has had an opportunity of dealing with tho case. Our own opinion is very decided, that not only is Mr Sale's interpretation of tho Municipal Council Ordinance an improper one, but that that Ordinance itself is inoperative, because it contemplates tho existence of a mining franchise which has beon formally repealed. The opinions published on this latter point on. Monday evening, appear to havo been telegraphed to Chnstchurch, for our message, received yesterday, intimates that the "Press has endorsed them, and discussed the mode in which the difficulty may bo got rid of; viz., by postponing action until the General Assembly has the opportunity of . passing a special Act. No doubt this is the proper course to adopt ; but if tho election of Municipal Councillors at present be persisted in, tho only remedy the peoplo have, to defeat a most arbitrary decision, will bo the appointment of Assessors by whom the decision of tho Commissioner will be overridden.
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West Coast Times, Issue 238, 27 June 1866, Page 2
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975West Coast Times. WEDNESDAY, JUNE 27, 1866. West Coast Times, Issue 238, 27 June 1866, Page 2
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