LOCAL OPTION.

Gisborne Times, Volume IX, Issue 819, 6 February 1903, Page 2

LOCAL OPTION.

PROHIBITION AT ASHBURTON UPHELD. By Telegraph—Press Association. Ashburton, last night. Later.—At the local option enquiry the magistrate gave his decision as follows : The electors of Ashburton have decided, by a substantial majority, that no licenses are to be granted in the district, and I am asked to declare the poll void on two grounds: (1) That overcrowding was allowed at some of the booths, and (2) That voting papers were not given out simultaneously as required by the Act. These objections would come under sub-section 6 of section 40 of the Act of 1876 as irregularities in election which tended to defeat its fairness. As to overcrowding, it is quite evident that though an irregularity was permitted, causing some inconvenience, it in no way affected the result of the election, as no one was thereby prevented from voting. As regards simultaneous voting, I think that the proper course 'was ndf followed at Mayfield and Mount Somers, ahd S?-ch voter should have received his two papers at the same time, and retired with both to compartments. The method adopted was not strictly in accordance with the letter of the statute, but I cannot see that it would make any difference in the result, or suppose that the result would have been altered had the proper method been used. It may have been a mistake, but did not tend to defeat the fairness of the election. It seems to me unreasonable to contend that any such irregularity without which, no election is ever likely to be free, can override the, will of the people unmistakeably expressed. The petition would be dismissed. Costs were allowed the solicitor for the returning officer. No other costs were allowed.