THE TE AROHA SEAT.

Ashburton Guardian, Volume X, Issue 2353, 14 April 1891, Page 2

THE TE AROHA SEAT.

The history of matters m connection with the Te Aroha seat is somewhat interesting. At the last general election there were, it will be remembered, two candidates for the suffrages of the electors, Mr William Shephard Allen and Colonel Fraser. The former was at one time a member of the House of Commons, and, having purchased a large property m the neighborhood of Te Aroha, brought out his family, and if we remember rightly, was an unsuccessful candidate at the previous general election for one of the Auckland seats. At the last election he tried conclusions with Colonel Fraser, who also wooed the votes of the Te Aroha electors, having, through the changes caused by the redistribution, to find a new seat, or go without any at all. Mr Al!en was elected, but Colonel Fraser petitioned against his return, alleging that Mr Allen, being at sea at the time of the nomination, had not been duly nominated, because not having consented thereto m proper form ; and further that Mr Allen's supporters had been guilty of corrupt or illegal practices. Before the petition could be tried Parliament met, Mr Allen being still absent, and, as it was prorogued before his return, it followed that Mr Allen was, even if duly elected, disqualified to sit next session, having vacated his seat by absence without leave for an entire session. But though this was quite clear, the points remained to be decided as to whether Mr Allen had ever been properly elected, and, if he had not, whether Colonel Fraser was entitled to the seat ; and yet further whether there was anything m the conduct of the election proceedings on the part of Mr Allen's supporters which would disqualify Mr Allen from being a candidate should the election be declared void and a fresh election become necessary. In due course all these matters came before the Election Petition Court, consisting of their Honors the Chief Justice and Mr Justice Conolly, and we know the re suit. The contention as to want of formality m connection with Mr Allen's nomination was not sustained, it being shown that he had given the necessary consent by cable message, but the Court found that Mr Allen's agents had been guilty of an illegal practice by having a paid Secretary or Canvasser or some such officer. Colonel Fraser's claim to the seat was, however, not sustained, the election being declared void, so that there will have to be another run for it between those gentlemen or such other candidates as may come into the field. Counsel for Mr Allen, we see by the telegraphed report of the proceedings of the Court, asked the Court to express an opinion that the illegal act of his Committee should not operate to disqualify that gentleman from being again a candidate, but their Honors reserved this point for consideration, and no intimation has yet appeared as to their decision m the matter. All that is known is that there will have to be a fresh election, and the question is—when 1 Well, so far as we can see, this cannot take place till after Parliament meets and orders the issuance of a writ, the Election Petitions Act, 1880, directing that the Judges' certificate must be laid before the House which, thereupon, directs the necessary action to be taken. It is true that the Regulation of Elections Act, Section 61, appears to conflict somewhat with this, but we remember a local precedent which seems to us to settle the question as to the proper course. This is that of the Wakanui petition m 1882—that of Mr Ivess against the return of Mr Wason. In that case the report of the Judges was dated 22nd February, and was presented to Parliament on the 19th May—the day after its meeting—whereupon a new writ was ordered to be issued. If the same course be followed on this occasion, then if the House meets about the end of May the new election for Te Aroha will take place, we suppose, somewhere about the end of June or the beginning of July. [Since the above was written the Judges' report has been published, disqualifying Mr Allen from sitting m Parliament for twelve months.]