THE DISPUTED ELECTION AT TE AROHA. (FROM OUR OWN CORRESPONDENT.) Te Aroha, Wednesday.

Waikato Times, Volume XXIII, Issue 1902, 13 September 1884, Page 3

THE DISPUTED ELECTION AT TE AROHA. (FROM OUR OWN CORRESPONDENT.) Te Aroha, Wednesday.

Tjik Coui't-house was filled yeateiday wi Mi peisons f torn different parts of the riding who had assembled to listen to the enquiiy respecting the validity of the late county council election. The result of the enquiry will doubtless ere this have appeared in the columns of the Times, but a fuller account of the proceedings may not be without inteiest to the geneial body of ratepayers, as questions arose v Inch affect not this nding alone but every other liding in the county. Mr Kcmiclc, R.M. presided, and Mr Miller, solicitor, of Thames, appeared on behalf of the petitioners, Mr D. Murphy (one of the defeated candidates) and otheis. The validity of the election, which resulted in the return of Mr E. K. Cooper was, as may be remembered, disputed on the piound that persons who weie qualified to vote by vntue of their miueis' rights were by the ruling of the returning oflicer pi evented from doing so, but it speedily became evident after the commencement of the proceedings that the matter would take a much wider range than was dreamt of when the petition praying for the enquiry was filed. It was in at contended by petitioneis' counsel that the election was iu valid because of informality in the appointment of the letuining officer. Mr Hunt, who had occupied that position for thiee yeais, had dm ing that period been acting without proper authority. The Act lequncd that the returning officer should have his appointment in writing under the seal of the council and duly signed by the dnuiman and otheis. In examination it was shown that Mr Iluut, although his appointment took place in ISSI and was duly lecoidcd in the minutes of the council, did not leceivc it iv writing until the 6th of the picsent month. It was fmthcr maintained by counsel that the election was \ oul because the law lerjmied that the retaining officer should have been specially appointed for tins nding, and Mr Hunt had not icceivcd tins spcci.il appointment. Evidence was also pi od need in suppoit of the allegation set forth in the petition as to the disallowing of certain votes by the loturning officer Mr Hunt, in stating his leasonsfor not allowing the holders of miner's rights to vote, refened to the Counties Act of 1876, whuioin it is stated that no person whose name is not on the latepayers' i oil shall exeicise that piivilcgc. He was not aware that the clause relating to this had over been repealed. He was also of opinion that the Amendment Act of ISS2 was not meant to ovenide that of 1876, but that the two should be taken together. lie fui thfr stated that in refusing to allow the holders of miner's lights to vote, he believ cd he was acting in sti ict conformity with ihe spiiit of the act, the fiamcrs of winch had suiely never intended that men should step from the loom in which they had, so to speak, just piocmed a nnnei's light, into the polling booth, and thcic be privileged to vote on that document. Such a system would, he believed, open the door to a large amount of conuption. In the perfoimance of his duty he said he had acted with the stiictest impaitiahty, and had objected to leceivothe votes of pei sons who were large holders of piopeity in the liding, and had duly paid their lates, but whose names had not been put upon the roll, If it was unfair that mincis should not bo allowed to vote on their lecently aerjuncd lights, surely it was no less unfair that these peisons should be excluded. The Resident Magistrate, in giving his decision, hold that the law lequiiing the appointment of a special ietuining officer for the liding had not been complied with. Mr Hunt had leceived a general appointment for the county, but for no nding in paiticular ; therefoie as there had been no letuining officer, there could have been no election. Fuither, the election, even if otheiwise valid, was illegal because it had not taken place within the lequired peuod, which is set down at not less than 20 nor more than 25 days, from the date of the lesignation of the former member. It was not held until the *26th clay, and was on that account invalid. Moieovcr if it had been necessary that he should decide the matter on the giounds mentioned in the petition he would have declared the election void, because of the refusal of the Returning Officer to allow persons holding miners lights and lesident in the disti ict to vote. He held that section 41 of the Counties Act, of ISB2 cleaily gave the persons the right to vote. The decision in so far as it relates to the appointment of the Returning Officer is one of grave importance to the whole county, because if Mr Hunt has acted contrary to the law in this instance, he has done so in every election that has been held in the county, since his appointment to the office, and consequently no member of the council now sitting can be said to hold his seat legally. Iv another respect the ruling of the presiding Magistrate is deserving of seiious consideration. No doubt he clearly interpreted the law as it ielates to voting by holders of miners rights, but it is obvious to all who have any knowledge of such matters that this ruling gives room for a very laige amount of corruption in all similar elections and is therefore a quesof vital moment not to tins distiict alone but to eveiy paitof the colony so circumstanced, and the sooner the attention of our legislators is directed to the subject the better it will be tor all concerned.

MrG Undgman will preach at the fe Awamutu Wesluinn Cliur-ch to-morrow morning and the Kcv. II R Dewsburv in the evening. Ihe poll foi the election of five commissioners for the lown District of Kilnkilii takes place on Monday no\t Mat \iuai Flvi r. — Malarial fevers, constipation, torpidity of the liver and kidneys, general debility, nervousness and neuralgic ailments }ield readily to this great disease conqueror, Hop Hitters. It repairs the lavages of disease by com ci ting the food into rich blood, and it gncs new life and vigour to the aged and infirm.

Messrs Metraitc nnd Wright, of the Huntly Pottei v, idvertisr that they arc now in .1 position to supply drain tiles, 2, ,3,4 and Gin , flower-pots .ill si/cs, bri' Ks and fiV'-clay waic. Settlers and others should write to the pottery for pricelists, &c. Lovi ly Crmi s. — There are lovely climes and places 111 which the evening: zcplnrs arc loaded with malaria and the poison of fever and epidemics, lo dwell there in health is impossible, without ,1 supply of Hop Bitters at hand. Ihese fitters impart an equalising strength to the S}stem, and pre\ent the accumulation of deadly spores of contagion. He sure and see.