RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume 25, 29 November 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

1 Wednesday, NovMßim 27tji, 1878. (Boforo IC. Shaw, Esq., R.M,) In tho mittor of Iho thtition against tho Election, of Mathkw BYntfß. This wosu petition against tho validity of tbo Election of Mr M. Bymo for tho Biding of Antonio's. Tho following woro : tho allegations contained in tho petition j— That tho following irrogularition occurred in tbo proceedings of such election, whioh tended to dofeat tho fairness of tho olootion i— 1. That ono of tho Doputy Roturning Ofllcors did not soal up all the volinj; papors used 1 at hi* booth togothor with tho oopy of tho roll markod ns provided by law, and deliver suoh pnokol endorsed with tho name of the booth to tho Rolurn» ing Officer. 2. That tho Roturning Oflloor did not seal up hiioli paokot nnd transmit tbo samo with tbo othor mi oh p,iokots to tho Clerk of tho nonrost Rosidont Mngis« irate's Ooirt. 3. That the Deputy Roturning Oflloor, or one of thorn, marked tho ballot papers used in tho said eloetion, or somo of thorn, otherwise than 'as by law dirootod and required. 4. That several electors whoso names nppenred upon tho said Electoral Roll in rospoot of a property qualification were not nllowod to voto. 5. That somo electors whoso names appeared upon tho Kleotoral Roll for tho samo Riding of Antonio's in rospoot of minor's rights wore not pcrmittod to voto at tho said elootion. G, That sovoral electors whoso nimo.< appoarod upon tho said Elootoral Roll in respeot of a minor's right qualification wore improperly pormutod to yolo in rospoot of eaoh such qualification. 7. Tbat persons woro permitted to voto as cloetors who woro not ontitlod to vote, Bobiikt M'NuriJ, JonN M'Lennan A tux, M'Hxnnr. Tho following ovidenoo in support of tho petition was oallod i — Honry Lucns— I am Clork of tho Magistrate's Court, Reofton. I produco a packet forwarded to mo hy tho Roturning Oflloor of tho Antonio's election, I roeoived ifc on Friday, 15th instant, from tho County Clork. I do not know who was tho Roturning Oflloer for that olootion, I produoe Iho petition filed in this case. F. de Ins Cnrrorns— T nm Clork of tho Coun >„ ' . ,'moil of Inangahua. I pro« duco tho electors and valuali n rolls for tho Hiding of Antonio's. I. also produco tho list of minor's right roceived from tho Clerk of tho Court. Mr "M'Shorry was i the Returning Officor for tho Antonio's Riding. As a mat^r of faot -J. boliovo i the eleotion tdok^aoo on tho i.T.li Noi vember. 'l *. - '"' y Jolin M'.Shcrry--I nin n Clerk, nnd vrn? IJcMmiff; O.flWr ot (bo Antonio's

Riding. I did not attend the eleotion but appointed a doputy. I believo tho election took place on tho 13th instant. According to tho returns furnished to nto Mr Byrao was cloOtcd.ft* that Riding. I rocoivod from tho deputy tbo different parcels of voting papers j thoro wero two polling places in tbo Ridinp, nnd I received a sealed packot of voting papors from eaoh, and theso I included in ono parcel and forwarded thorn to tho Clerk of tho Oourt. Cross-examined •— I appointed Mr M'Hugh and Mr Timothy M'Laughlin as doputy and substitute respectively to roproaont me at tbo eleotion. Tho result of tho polling was published by placard outside tho oiiiof polling booth al Antonio's. j • ' Andrew Doig— l was a scrulincor at the Antonio's Kloctiod on the 13th instant. I was rofused a voto mysolf on tho ground that I represented a firm. I said [ was Doig of Dofjs Brothers. My brothor had a separate. 'voto and vo'od. .Tohn Dixon, who appear* on tbo roll as Dixon and Murphy, was nlso rofusod for tbo samo reason, Tho roll producod wns flflroiie^uaod at tho eleotion. X)o not rocolloot nftyono else who was rofusod a voto during tho oloctiou at that booth. Thoro was only two miners who voted thoro, ond thoy both produced thoir minor's right. Thoro are poraons whoso names aro entered twice on tho roll nnd who voted in both capacities. Tho porsons so situated aro Furnoss and Gutheral. I know of no othors who wero in that position. Would not be certain whether the Roturning Officor placed any marks on tho baok of tho voting papers. David Duncan— l was aoting ns scrutineer for Mr M'Noil at Antonio's Flat election. Mr M'Hu*h wob tho Return, ing Officer, I recollect Alexander Duncan claiming to vote,, ho voted upon a property qualification, but not otherwise, Ho also applied to, rojo undor a miner's right qualification and was refused, bocause, ho could not, jprod uee his miner's righL. Klins Thomas was similarly rofusod. Theso wero the, only ones rofusod. I romomber Jumoa Bu'rko voting. I think he votod both under a proporty nud miner's right qualification, as also did Ouncliff, D. Falvoy, G. Roos, J, Willami. Tlio voting papors woro marked on tho book witb tho number!* appearing on tho roll, and with no other murk I boliovc; Crosßf-oxaminod — I am quito oortain that Bi'rko, Falvoy, and Williams, voted upon tbo double qualification. Timothy M'Lnughltn— I am a minor, and was Deputy Returning Officor for tho Antonio's Riding. I was appointod by Mr M'Shorry in writing. I produce tho declaration onterod into and signod by mo. I prosulod nt tho booth nt tho Littlo Groy. I marked tho ballot papors with tho numbers on tbo roll and with my initials — nothing cho. I rofusod two persons votes. I rofusod Doig of Doig Brothers, and Dixon, of Murphy and Dixon, theso wero my instructions. Alexander Doig votod irrespective of the firm's qualification, I scaled up Iho vot« ing papers immediately after tho oloctiou, and delivered tbo packot to tho substitute Returning Officer ot Antonio's. Charles Mirfln— l am oditor and pro* priotor of tbo Inangahua Horald. It oontains notice of tho inquiry now proneeding. Tho paper is circulated in this district. This oloßod Iho caso for tho petitioner?. Mr Pitt said it wa* not his intention to call mi} witnesses, ho raised as a nonsuit point the objoolion that tho notico of tho inquiry had not boen given ns required by section 49 of tho " Regulation of Looal Elootions Act." Under that sco« tion it wns providod that " tbo Magistrate shall giyo not less than sovon days public notioo of tbo time of holding the inquiry." Tbo nolieo was first publishod on Tuesday, tho 19. h instant, nnd he hold that tho day of publication and tho dny of hearing woro to bo exoludcd from tho computation, and cilod numerous authorities in support of his contention. His Worship said tho snmo point hod boon roisod in Iho formor case, nnd he would therofore now rule upon it. Ho was of opinion that tho authorities rolled ujon by Mr Pitt as to tho oxelusion of tho day of publioation and hearing from tho computation was innpplionblo in rr« gard to Iho present ease, Thoso authorities, ho held, wero only npplicoblo whon n certain timo was given within which cer> tain things wore to bo done. If tho soven dnys notico woro given for tho purposo of allowing tbo persons petitioned against in tho presont ensos to do cortoin thing*, and that failing which cortaiii things would ho dono hy somebody else, tben thoro would bo somo forcj in tho objection, but ho wa< of opinion that tho notice in the prosont oiso was not given for ono party more than nnoUior, nnd therefore must overrulo the point. With regard to various points involved in dociding upon tho potttions, tbo, issues n^ponred to bo narrowod down to three : Frst, as to tbo right of firms to voto j second, ns to tho nooossity or non-mocossity of producing minor's rights at tho^timo of voting, and lastly ns to tho right jof porson.i to vote both npon a property (qualification nnd a minor's right qualification. Ho would take timo to considciwupon those points, and would give hbjbdj^non Friday mo-nii ir next. \d'__wßß__M_______m____y. ahua/ SHB^^^^l An. BBH^^^^H

Counoil was hold at tho Chambers yostorday, at noon, and tho business of tho appointment of Chairman having beon disposod of, tho Council adjourned until 2.30. Upon tho Counoil resuming for tbo despatch of ordinary business, there wo ro pocsont tho Chairman, (Mr' P. Q. Caplos) and Mossrs Rronnan, M'Lean, Trennery, Gallogbor, Byrne, Williams nnd Davis. Tho minutes of previous meetings woro road and confirmed. The Clerk road copies of all cor respondonoo forwarded since tho last mooting of tho Council. CORUKSI'OXDKNOn. From tho Colonial Treasurer's office, notiflying tho sum of £C!M had been re. mitted to tho credit of tho Council, ns follows !— • Goldliolds Rovcnuo £170 4s. Gold Duty, £523 10s 6J. From Publio Works oflioe stoting that £'180 wosnvailahlo for payment lo Downie nnd party on contract for main rood at Hampden. From G. Moonlight, Hampden, informing tbo Council that in oonscqiioneo of tho washing away of creok, traok (radio was noiv going through his ("Moonlight's) paddook, n.id that it was his intention to exclude suoh traffic after tho lapse of M days. Mr Williams slated that mallors wore as represented by Mr Moonlight. Traffic had boon barred from tho ordinary track owing to tho encroachment of floods, and thoro was no way for horscmon or conveyances lo go except through Moonlight's paddock. A road thoro was re» quired most urgonlly, moro so perhaps, than in any other pnrt of the County. From two to three tons of freight was passing ovor tho track evory week, and the ground was so soft that it was absolutely dangerous for pack horsos to pass through it. Moved by Mr Byrnes ond seconded by Gallagher, thnt tbo matter stand over lill tho noxt mooting of tho Council, Carried. From G. Stewart, Reluming Officer, Hampdon Riding forwarding tbo result of tho polling at the la ( o election as follows : | -.«. E. Gulline, 5 ; D. M'Ginley, 32 ; W. Williams, 38, and doclaring iho latter duly oloctod. Tbero woro two informal votes which woro disallowed, slating also, lhat ho had refused to allow a scrutineer to act who had neglected to subsoriba the required declaration beforo tho opening of tho poll ; that ho (Iho Returning Officer) had refused to allow minors to voto who failed to produce thoir minor's rightn. Ho had forwarded the voting papers and roll to tho Clerk of tho Court, Lyoll. * '^"Nrp From J. Bull, Posfmastor, Reofton calling tho attention of the Council to tho bad stato of tho Buller Road, nosr the termination of tho County, und stating that tho Westport mail contractor was eompcllod to walk his horse over the pnrt of tho road in question which dobtyod tho mail. Tho County Enginoor reported that tbo road had since boon repaired. From G. Stowarf, overseer, Hampden, enclosing pay sheet, &$„ treating upon various works in time part of tbo County and advising that tenders bo called for tho Owen road, as alio for Longford to Hope seotion, Ho cnllod attention to tbo stato of bridgo nt Hunter*, nnd reeom' mended that in future elections a polling place be proclaimed at the junction of tho Glonroy. Tho Engineer explained tho nature of tho briduo roforrod to by MrSlowarf, and said that it wos damaged almost beyond ropair, Mr - Williams furlhor explained the mattor. He said (bo bridgo wanted raising or rebuilding, nnd as it was on tbo main lioe of road botween Lyoll and Nelson, it wos absolu'oly nocossary that something should bo dono to it at once. Resolved that tbo mattor stand over till noxt meeting. Mr Trennery thought it would bo a very good thing if tho ndj lining County oonld bo provailod upon to tako over tbo Hampden .Riding together with tho wholo of its vast revenues. From .1. Sutherland, Lyoll, applying for protection for a punt across tho Buller two chains from Chris' y 'a. Rosolvod that a letter bo sont lo tho applicant informing him that protection was hold by Christy. From Mr M'Kay, Chairman of tho Amuri Road Board asking whether it wos the intention of tho Council to complete iho rond mado by tho Board so that stock could bo driven from Maruia to Reofton. Moved by Mr M'Loan, and seconded by Mr Williams ond curried, that M'Kay bo informed that the Council was now in communication with tho Gonoral Government upon tho subjeot. From tbo Attorney-General expressing an opinion lhat firms could not vole at County elections. On the motion of Mr Trennery, second* od hy Mr Byrne, tbo matter of Mr Stewart's lettor was orderad to stand ovor lill nert moetiutr. From John Dcchan, contractor for tbo maintenance of tho Black's Point rond, stating that tho Council having thought proper to intorforo with his maintonanoo contract by widoning Iho track round Iho ■iiii ___m a hor^^^^j^^ ra ,yj roa f'"

j plaints of tho narrowness of the track at I the point known as tbo slip, men had boon sot to work to widen it ro ns to allow small drays to pnsn and ropnss. Tbo aU torntion bnd intorfcrod with the contractor to tho extent that tho road had been widened. I Mr Tronnery was oil opinion that so far from widening the rodfl causi'fNV^jy a^ lJil tional work tt had relievod him df*^ 0^ denl of wotk. as a lo f , of rubble had bcPfV. tnkon down which would hnvo slipped in tho ordinary course upon the road. Hf regarded tbo lottou aa a jiiooo of yn'.mnnipV tion. 1 Mr M'Lean moved that tlio Clerk writd to tho contractor informing him that ha would bo held strictly to the torms of hie> contract. In soyitu this he trusted tbat in futtiro nil contractors would bo hold striotly to tho letter of the specifications provided. In tho present caso ho was of opinion thnt it wns vory wrong for the Chairman to havo interfered with the contract onco it had been let. After the Bpeeiflcnliohs were once signed they should never bo inforfored witb, and every con» tractor should bo kept to tho lotter and spirit of his contraot -without nny interference from nny one. Mr Trennery disngaocd wiih Mr M Lean. The work was n public ono, and wan required for tho convenience of the public. In tho case rcforrod to tho Energotic machine was stopped for tho svnr.t of a piece of machinery which could not bo tnkon up the river owing to tho floods, nnd which could not bo taken up Iho track on horseback, and tboreforo in order to allow of the parage of a nai row drny the Chairman had ordered tbe rond to be widenod sufficiently to allow it to pnss. In this matter ho considered the Chairman had noted very properly, and if auy loss was occasioned by nn act of tint kind thero was very small rigbt lo coins plain. Ho held that if a slip wns to come down npon tbo track that night Deeban sho ild bo nt one compelled to olear it nway. He seconded tbo resolution, which was put nnd carried. From a number of Chinamen in tbo Hampden Hiding requesting permission to divert about 9 chains of the main road it Hampden in order that tbey might work the ground under it. Upon tho motion of Mr"Willianiß, tho matter wis ordered to stand over until Mr Stewart's roeommendalion cimld bo obtained. From Mr W. Harris notifying tho return of Mr W. M'Lean for the Biding of Crushiuglon, From M' Arthur, nnd Sutilmi, nnd other stockowners in Canterbury ro the opening of a cattle track betwoon Marina aqd'Heofton, From lfiobnrd Hooves M ff.l?;, rotative to road from Oxnian's to Ijongford, and stating that it wns impossible for Minister to promiso moro than £2000 this your. Also froni tho samo relative to various other County matters. From tho Secretary of the Treasury, stating tho subsidy to tho County upon rnles for tbo yonr amounted to £1215, being pound for pound on the gross amount. From Government forwarding gn&et'ed proclamation of certain lands reserved for public purposes within tbo County. From Guinness nnd Moss re damage done to Rainbow an.l party's rac* at Sol« diers by contractor nuking road to Union Company. Tbo Engineer reported thnt since the receipt of tbo lellor tbo dnmngo oom* plained of bad boen ropnircd, and on tho motio iof Mr M'Lean it wns rosolved tbat a reply to thut effect bo forwarded lo tbe solicitors. From XI. Eeeves, M.H.R. ro Marijin stock road, staling thnt he had had an interview with Mr Macandrcw and Mr Walker and that tho latter had oftored lo construct tho road upon deferred payments, ana that the Minister bnd re* oommended tho Council to oceppt Mr Walker's offer, and that next yenr a sum would bo placed on the estimates tor that purpose. From Mr John Williams, Fern Fiat stating that a cutting had been made in tlio river bank by the Council n«ar his house which endungorod his proporty, and that traffic was now passing through bis ground, wucxoforo ho would claim 10s per dny. Resolved that Mr Williams bo informed that bis letter would not bo roecivod. Mr Gallagher drow tho attention of tho Council to tbo impassiblo stato of the Buller road iv the vicinity of the J3 Hill, and stated that on Sunday last two teams wero stuck up and unable to prooccd owing to tho badness of tbo road. Tho wholo of tho oorrospondoneo as rend was received) excopb as otherwise stntedi. Mr Byrne moved that the Cbairmsn bo paid a salary of £200 per annum, in doing so ho briofly statod his reason. Ho said that County Chairmen in all tbo otber parts of tho Colony woro being paid and there won no reason why the office hero should bo mado an exception. In Groyinoulh tho amount paid, was, bo believed, £30 J per milium, but ho did not wish to aim quito so high ns Ibat and ho felt suro that no ono could rea' sonuhly expect tbo Chairman hero to act gratuitously. Mr Willi' 1 " 8 seconded tbo resolution. Mr M'Lean asked if the Clork could furnish tho Council with a statement showing tho full extent of their liabilities to date. Mr Trennory said that in rising to propose an iime idmctit ho wishod it to b-J understood that be did not do so in n spirit of opposition to tbo rcmlutiuti. Uo thought, howover, thatt^^^^j^of the Council* lit\btliti^Kb^^^^B3lfcre^ they t^iMW«|^^^^^^^^Htf|

I possd that this was only electioneering chip-trap ns he was proud lo find that the debt as slaked by tho Clerk wus cnly about half that sum. Ho. thought tho wtior ))T(in would bo to appoint a committer I to go thoroughly into the finaueial affairs of tho Counoil in order that they uiight understand oxaotly how they stoodAftor tbe report of tho committoo wts brought uo then tbey could reasonably go into Ihe question of payment of the s Chnirman, but ho thought it would bo impolitic to do so beforo bind. Ho \ would, therofore, move that a limine o | committee, consisting of tho Chairman, and Messrs Brennan, M'Lean, Gnllsghffr, nnd Davies, bo appointed to inquire into the Council's position, to report at tho iJ^yft meeting, and that the amoliht of tho ChairnTMDJi salary bo not fixed unlil that time. ilowTsi'od it to bo understood tbat ho did iio\opposo tho principle of paying tho ChnirmaT^s^ no thought they should first know liowtlNg3^f tood lie<V ™ fixing the amount. — * ' ' ' a **"*m Mr M'Lean seconded tho amendment, and in doing so wonld briefly give h s reasons. When th? question wns put to tbo different candbintos sit thu first elce«-. tion they were one and all onposod to tba principle of paying tbo Chairrnm. At lhat limo were innu.uraling a now system of Government; nnd wero not in debt, there waa certainly nn amount of liability accruing from (be old Hoad Hoard, but it wn« inconsiderable. Besides tbe County was then in a moro prosperous condition, nnd matters looked mncb better than they did at present wbi'e the rat--roll wat not much, if anything below what it wns nt present, but notwithstanding all this and without V 1)'" ing the Chairman (hey had manned <» run into debt tr, the extent of £<>30~. Ko did not sty thnt ho ohj >cted to tho principle ol paying tbe Chairman, bu' il tbe face of the liabilities st; »rin»» them in tbo face— to tbe bank and to workiug men. Ite thought it would bo most unI wiso to add to tbrir troubles by nayim* b salary to th* Chairman, At tho pre B«nt t!mo tbo debft of the County war* pressing very bird unon a numbor of persons in tbo town, suoh ns butchers, Ixikvrs. storekeeper*, nnd othera, and they sbonld first cl 'nr oil' those *l«bn* boforo rushing further info debt. There wai nothing to prevent tho bank romin* down upon the Council at nny time nn I demanding payment of tbo overdrnft, ond thoro wns nothinc to prevent nnv porson from sums tbo Council. He did not sympathise with the hank for they got thoir interest all the timo, but other creditors got no interest. Ifo should be sorry ta see tho Cmincil sued br undone, nnd ho hoped thnt they wou'd oV deavour to prevent such n possibility. Another ronton why they should net pay th* Ghnirman was thn,! Nt tho pro«ent the.c they wero payin? £250 to ft eloik, CIOO ifr nn - civriufer, C 2.10 for nu overseer, which wit!) other charge* nnd the interest on Ihe hank debt would together amount to £1007 nnnually, whudi. was a sum in ttxe.ca* of tha rate* yearly collect. Ifo would ask them whether it wa* readable in the fi\eo of thi » thnt tbey should piy nn additional £200 to tho Chairman, artd ho thought it was not. Mr lial'oghor said he did r.ot nt flr : >t int»ivl to say onr word upon the subject ot" iviyme.it. of tbe Chairman, but it bad appeared to bim that thero was ono singular feature iv nonn*e« lion with the sp-eeho of all tho^ members who opposed tho motion. Th-v were nil agreed n» the soundness of tho principle of pay hid th' 1 Chairman, and wero not re illy op* pojrd to i , but they could not *co tliat, wo could nfford it. Th« great argument usvl against the propriety of tin tteo'wns that the Counoil wns in debt. Tt bvl not bi»en urged for a moment tlißt we could do without a Chairman. The ordinary rule Of eomm-rei.Al life was that if a servant or an otl] •♦r was raquiro I bo had to bo paid quito irrespective of the financial position of thi party requiring him, If a person woro required t< fill n r-'O* pinsihln nnd onorovis position and If lia wor* required to discharge tbo duties ofllciontly no possible argument could be nrtdueed why ho ehould not bo paid. If the duties of tlio pi-i« tion wi»rn nropoily dis barged, ns he felt suro tho - ' would be, the Counci! wonll gam far more than lha amount thej p lid and therefore what might appear as a diroet oluca) np >n their fun U would in reality b> qu to tho opposite. No man in the world could bo expected to attend closely to bis duties u>i!oit be was remunerated and ibe only regret wliich ho (tlie speaker) felt was that they wero noi in a position to make tke amount £.100 instoad of £200. That tho payment wa* quite out of proportion to tho chir.toter and responsibility of tbo du'ios to bo performed no reasonable man could doubt, and as much of tho Counts use* fulnoss hing'd upon tbo mannor n whioh tha duties of the Charman woro discharged, it wns a short sighted ond wholly mistaken polioy to oppose payment of tho office, Ho Ind alw.aya been an advooate of (ho principle of paying tho Chairman and until he hoard ionio moio substantial argument* ngainat it than any of thosD ndducori that duy, bo ahould ndhoro to bis boliof. If tbeCouinil paid tho Oltairmau they in return oould reasonably expect of him that he should attend diligently to their bu»i. oeji, aiul if ho did this ho wouhl in the ood bo the moaui of saving hundreds of piu ids to tho County. Tbo faot of the Coanoil's • o'ng iv debt was as much an argument against the payment of n salary to the Chairman as It would bo in tho case of an absentee busin-sa man declining on tbo score of eipen'otoomplov a manager to attend to affairs which ho waa unable to attend to himself. They would And by paying a salary to tbo Chairman that so far from boing out of pocket thoy wndd in the ano be largoly th* gainers, and for this rouson lio would unhtsiUutingly support th* motion.