SEVERITY OF COUNTY ELECTIONS.

Wairarapa Daily Times, Volume 4, Issue 1080, 22 May 1882, Page 2

SEVERITY OF COUNTY ELECTIONS.

[advertisement.] The following letter was sent to the Wairarapa ■ Standard, and re/used insertion.— Statote.■

Sib,-Attn the statement made, by Mr Alfred Matthews in the Council: Chambers oii Saturday last, as reported in your issue of-the 16thinBt,Ti.-" That ho had seen Mr Phillip the night before, and that that gentleman wished no further notice taken of the matter," I was somewtat surprised to soe that gentleman's letter in to day's issue of you- paper under the above heading, and as he fancies I am a " legal man," I would like to traverse one or two of its items. I never for one moment had the. presumption, as suggested by. Mr Phillips, to *' settle the question at issue," the Acte passed by our Legislature having already done that. I merely quoted a couple of soctioua from certain Statutes referring to the question, and gave my own deductions. So' far as I could gather,". Settler" had penned his note to you without referring to the Statutes, or, if he had done so, without: the requisite knowledge to correctly con. strue them. But I now have not to deal with him, but Mr Phillips, who, I belfove I may say, is (to use his own words) a •'legal man" by education, though not now pleading. Mi Phillips starts as follows :- " 'Settler,' as well as I can remember, ex. pressed a general feeling of siuprise upon discovering that my resignation w* 9 not to be submitted to the ordinary monthly ma-t----iug 'oHhe'Coimbii, and /'mßW'ji'n/i.rm ' Statute,' that hitherto it has been tk'general custom throughout ikvoJlcy, and I may say tk colony, to submit resignations in local bodies to tk ordinary monthly \meeting. of tk body. H h quite a new feature to purine (kcoum adopted by County Weti." With regard to the words in italics, Mr Phillips is totally in e ror, as will appear by reference to the records of the Council aud letters now in the County Office,, The Counties Act, if I remember corro;tly (I aw only speaking from memory), v&t brought into full operation on the 31st and thp general eleotion took place in November of the same year. In January or February, 1879, Mr Booth resign-d Ms seat as representative of the Carterton Biding Mr Casolborg that of the Greytown Biding, The matter was referred by tho then clerk (to whom the resignations were sent) on tho first resignation to MrO. Pharajiyn, tho then and late Chairman of the Council, His reply was to treat thi matter as an extraowlinaiy vacancy, audproieed as the law directed, In neithor of these oases were tho resigns'-' tions submitted to tho council, Later on, Mr Murray's ecat for the Masterton Biding, and subsequently Mr Bennett's for the Uarterton Biding, beams vaoint. I do not think Mr Phillip* will find anything on the minute book of these vaoaucio3 having been brought botorc the Council for acceptance or approval bofore Mr McGregor took his sent for the former, and Mr Armstrong for the latter Biding. Neithor, I would Bubmit, were the resignations of either Messrs Boys or Pharazyn accepted at a monthly meeting, as both gentlemen resigned subsequently to the meeting at which they staled their in- ■ tention of doing so-the Council repressing a hope that Mr Boys would reconsider hiß decision j and tho vacancies were filled up in exactly tho samo manner as that of Otaraia was on Mr Phillips sending in his resignation. Mr Phillips then goes on to say: " I res- ' pectfully maintain that the general custom is a higher law than 'Statute's' reading of the 66th Eecition of the Counties Act, 18/6."

With regard to this paragraph,' 1 tfou'd ask Mr Phillips to answer two questions: 1, What "general custom" is higher law than that which 1 quoted in my last letter? 2. Is au election to be regulated by the Statutes [of the legislature providing for it, or by an undefined "general custom?"

Mr Phillips thencontinucs; "That in order to maintain the purity of our local elections, it is most expedient and highly necessary for all resignations to be submittod to the mooting, whether of County, Koad Board?' Borough, or any other smli body. From my experience of the modo in which a fcw settlers endeavor to gain their personal ends in the matter of these local elections, and from my desire to see elections of all kinds kept pure and open, I must still persist in pointing out that all local bodies, meeting fortnightly or monthly, should insist upon resignations being submitted to them \u the ordinary course of business, and that instructtonc for & new election should issue from thd united body in full meeting. I thick I may ask the worthy Chairman of County East-Mr George Beeth'am-to en. dorse this view. All that is required is a good and atriitly honqr'abia tono to pervade all matters of local clootions." The law, as regards County elections at any rate,.requires the Chairman and Reluming Officer to perform certain duties within a Bpicified lime?. Mr Phillips knew that when bo penned and posted his resignation. Willhe infbnnmeif the clause of the regulations of local Elections Act, 1876, referring to extraordinary elections could have been complied with had his' suggestion been adapted—"that it is most expedient and highly necessary for all resignations to be submitted to the monthly meeting whether of County and body." His next paragraph, "from my is simply a reflection on every ratepayer m the County, and will meet with it&due ie« ward should Mr Phillips ever present himself in a publio capacity in the Wajrarapa <m a future occasion. language it means that electors are to be bought up or hood-winked by _ candidates, Certainly » very pretty cempliment to those who nave the privilege of exercising their franchise. With regard to his next clause as toloc'fkbodies &0., insisting upon resignations beii," submitted to tbtm, I submit, as I before pointed out, : the Statute would over-rule any suchdeoision were it'made, and I do not think any sensible body would ever attempt to introduce it. I woald ask Mr Phillips to suppose this suggestion in bis own oase, The meeting of the Wsirarapa 'West County Council took place on the Bth of April, 1882, the ensuing meeting on the 13th ot May, 1882-a difference of thirty-five days." Had he seen fit to place his resignation in the hands of the chairman or clerk on the 6th of

April, 1882, immediately after the termination of the Conncil meeting, I would ask him could the regulations of Local Elections Aot, 1876, have been complied with if his suggestion were assented to, He may aßk Mrßcetham to endorse his views for an eternity, but I doubt if that gentleman (and I cannot see why he,.who, as chairman:.of County Eabt, has nothing k.do.iwith the West County Counoil, should be lugged into the matter j Mr Phillips- might as well have .referred to MrTincSnt'Pike or .the man in the moon) —will-"ever do so, ': With wgard to the following paragraph, I, would aßk Mr Phillips when; the question ,wajs'disoussed, and if thore is any resolution 'on the minute book of the Council referring to the "very strong feeling of tho ; Council lpr all future resignations submitted to

L™ ♦? 1 - Mr Booth and Mr-Wdten .« « W that this gaestion had previously been 1 i? l d '-\ tlie Co ™ il i« a very strong eeling ha tt been expressed, by the Council ior all future resignations to bo. submitted w,m ..7 T ? omo t0 tho definitlon o{ the ™d "forthwith." I find it in the die tionary of the vulgar tongue - immediately." v;l Ca u q T°, tcd . b y Mr »iP3 (about 180 JmwoM ,1 believe.) will not, nor will tho same dictionary controvert this construction, and as, previously to the last meeting of tho Council, Mr Phillips had really put the Zt 7fl\ m^ s l )ilIw - suggested he should do with his resignation ntl ? C6P nT i '' l Wouldask Ilim w»ld Mr Rinnan, or Mr Wolters, as Retummg Ofhccr, do aught but what they did. iUlnllips then says: "There is nothing m lie clause to say that resignations should not to the monthly meeting, hat iVUthe special duty of local bodies tc look affile purity of their own elections." PlI 0 0 l I f "? hl ! nLs thcrc anj'tl»ng in <inj ' ?. ft,l(! AcUo say , or suggest, thai "agnations shall be submitted to the monlhh ««e MB j is there any. Act where the power of election is vested in certain individuals; ha. proves "Unit it is the special duty of local bodies to look after the purity of their wn elections." The StatnteipnJide certarn penalties for maladm.uistration of powers granted to electors, but certainly joes not vest in the local bodies tho powers J Philhps would give them. Further, in what way would the mere submission of a resignation to the Council, they having no lt,COn(luceto the purity of With regard to the following item of Mr fillip s letter, I believe he was in the Council when a resolution appearing in tho minute book, if I remember correctly, was passed that tho offices of Clerk, 'treasurer, and Returning Officer nhbold bo held by the Clerk or the time being : -» Personally I object to what is termed ' log-rolling' of any kind, and r think it would bo well fo. County Went to relievo its Clerk, Mr Wolters, of the duties of Returning Officer." \t Sdm be eorr(!ct ' ]m »g 9 given Mr llnllips experience, or does he question tho integrity of Mr Booth or Mr Wolters ? I h„ve one other littlo pangraph to alludo to, and this, I think, like the postscripts a lady V letter, contains tho gist of that implied'by Mr Phillip's letters "I think my past services demanded the sewt courtesy of my letter being admitted to tho Council." This I read as follows;-" The Council ought to havo elected mo as Chairwan. As thoy will not, I'll see them in Gehenna before I remain in tho Council j I'll be cock-of-tho-walk or nothing," I am, &e., Tin r • Statute. P.S -I give Mr Phillips credit for having referred to the 66th section of tho Counties' Act, 187G, since my letter, if he had not dono so before. Ti-e Council had only to deal with his resignation. I should like him Jo deduce something in support of the following assestion (for it is nothing else):— Bankruptcy of Councillors has already, I balievo, bsen acted upon. Death, fortunately not, but the gazette of tiie former or burial of the litter case, would, I contend, under the Act, be a good .notice to both Chairman and Clerk on which to give notice to the Returning Officer (even if his olfico were distinct from that of the Clerk). The fact would decide ifcielf; the Council would not have to consider it under the Aot S 18th May, 1882.