HUTT LICENSING POLL.

Gisborne Times, Volume XXVII, Issue 2400, 15 January 1909, Page 5

HUTT LICENSING POLL.

HEARING OF PETITION

(Press Association.)

WELLINGTON,- J an. 14. A /Magisterial enquiry into certain phases ot the recent local option pen tor the Hurt electorate was commenced at Petone yesterday, at the Oddfellows’ Hail. Tile enquiry had been formally opened prior to the holidays and adjourned by consent of ail pieties, it being arranged that- evidence should be tjahen at Petone, but that legal argument 'should be heard and any necessary recounts made -at xJie Magistrate’s Court, Wellington. The scope of the enquiry was limited ;o coyer the question opened by the original petition, and by a counter petition subsequently lodged on behalf of the trade.

The enquiry was conducted before Dr. McArthur, S.AL, and Alessrs W. G. Riddell'and W. P. James, S.AI. s. Alessrs A T. Atkinson and H H. Oilier appeared for the petitioners, ur.d Alessrs C. P. Skerret-i. K.C., and Cracrofi Wilson and Air. Blair for the respondents. Air. Atkinson, in outlining the facts of the case, said the contention of the petitioners was that the Court could declare that No-lic-ense, was carried or that the poll was void. He detailed the .proceedings which had taken place after tlie election, and said the change made on the recount was that continuance- was carried by three votes. He would show that- there had been gross irregularities -which should be sufficient to prevent- the poll holding good, seeing that it was carried by such a narrow majority as three votes. The charge that- there had been dual voting won- d not be ‘proceeded with, while only thirteen cases of alleged impersonation would be gone oil with. The procedure he asked the Court to take was the same as in the Wellington City petition in 1896. The roll must be produced to show two voles were credited to one voter, -and evidence would be given as to -where the persons voted if impersonation were shown. He would ask tlmt half the votes be disallowed regarding voters who lia.d left the district and who were alleged to have illegally voted. He would only proceed with five of these eases, if they were established, and also the other irregularities, it should be sufficient to alter the figures to allow the petitioners to succeed on their first prayer tlint No-license had been carried. iln respect -to clause 18 of the petition, that deputy returning officers at seven booths had boon gu-ilty of negligence, the Act .provided that the papers should -be forwarded to the returning officer with all ‘possible despatch. Instead of that they were kept until the following morning before being delivered. Hie official recount was nothing short of a marvel of incompetence and a perfect model of how not- to do it. One .paper had been lost- during the recount. The door of the hall had been open. <a gaie of wind came in. and the papers had been scattered all over the room. Two papers were lost- for a time, but one was eventually Recovered. -During iho course of the rocoun,t one paper bad either been tampered with, lie coni’d not say by whom, or -after having been checked the'vote recorded by the paper bad been -wrongly credited in the first, instance. There was absolutely unanswerable evidence of carelessness which should make the bench chary of allowing a poll ■ earned under such circumstances aaid by suen a narrow majority. Beer was flowing in many-parts of the district- in an irregular and illegal manner. Liquor had; it. -was alleged, been disposed ot by Air Palmer, a Petone licensee, m a manner which was likely to htive an inlluondo on -the. t of the pod Tho clause alleging that liquor had been illegally taken to Epunui poking booth with the object of influencing voters would not bo proceeded with. It was alleged that the Provincial Hotel at till'd Upper Hutt had been open on the afternoon ov the day ot the election, and thht at J. east, one man was. inebriated. He thought the irregularities,- if proved, should be sufficient to throw the onus ot -refutation upon the respondents, otherwise the Court must make a declaration declaring the poll', void or «oliccn.se carried. -