REVISION COURT.

Inangahua Times, Volume II, Issue II, 15 July 1881, Page 2

REVISION COURT.

Thursday, July 14th, 1881. (Before W. H. Eevell. Esq., Judge.) W. B. Garvin's name was substituted for E. Savage on tlie Koll. Application was made by Denis Hogan, for striking the following names off the Roll for the Reefton Riding— being those of aliens ;— Alexander W. Thompson : Name struck off. Ah Key : Withdrawn. George Broil : In ibis and the follow* ing cases, the persons "whose names were objected to are also ratepayers in the riding, and had been placed on the Electoral Roll in respect to property qualification held by them. It was now sought to remove the names on the grounds stated above. It was argued by Mr Lynch, who appeared for Hogan, that it was never intended in the Act although no proviso ha«i been roacle to the contrary, that aliens could have a vote in County elections, although they may be ratepayers at the time, and submitted that section 40 and 44 should be read and construed together. Mr Jones, who appeared for the respondents, argued and held that those two sections were quite distinct, the latter providing for holders of miner's rights who happened to be aliens, and who were excluded from local franchise on that ac« count> but that no doubt could exist as to the qualification of all ratepayers, aliens or others. No possible omission had taken place in the said section, but on the contrary a distinct proviso appeared for giving all ratepayers a vote in County elections, which were to be considered a mere vestry meeting, and held that the framers of the Act never intended to deprive aliens of a vote in this respect, when they were otherwise qualified as ratepayers, and the section quoted was permissive in its operation. Mr Lynch replied, and urged as dis« qualification existed in elections for the House of Representatives, it was also evidently intended that the Act under notice could never override other Acts. The Court ruled that the Act and section clearly intended that all ratepayers should have a vote in County elections. The application would, there-* fore, be disallowed. The following applications were withdrawn : —P. M, Brundall, C. Sboenfelder,lhomas Anderson, Oliver Johnson, John Anderson, Ralph de Young, Henry Walshlebin, and J. Lawson. Application was made by Phillip Alexander for the removal of a number of names from the County Rolls, on the ground that they already appeared for one Riding in respect to a property qualification, and therefore could not be entered upon the roll of another Riding in respect to a miners' right. Mr Jones for the applicant pointed out the section bearing upon the question, and urged that if a person held property in the County be would naturally have his vote in the riding where the property was situated. It was a monstrous thing to imagine that property holders in one riding by the mere taking out of miners rights should be allowed to swamp the voting power of tbe ratepayers of another riding. He held that it was never intended that holders of miner's rights should have a vote in respect thereof, if they were already qualified in resptot to a property qualification. He held that if a person who had voted in any Riding on a property qualification attempted to vote in another Riding upon a miners right qualification, such person would be guilty of a misdemeanor. In reply, Mr Lynch for the defendants, quoted section 44 and 46 of the Local Elections Act, which provided that every holder of a miner's right, if of sufficiently long standing has a right to be placed on the roll, but he admitted that where the name already appeared on the roll for the same riding for a separate qualification, no yole was conferred ; but he maintained that if a miners right were taken out for another Riding, it could never have been intended that his right therefore should be annulled. The Court held that the only matter not clearly defined was regarding the word election. The ruling would be that the fact of a person having property in one riding should not debar him from his right to a vote under a miners right qualification in another Riding. He ad* mitted, however, that the point was not free from ' doubt, and suggested that representations should be made to the Government with the object of removing the cause of doubt. Application dismissed. Phillip Alexander applied to have the name of Louis Davies struck off the roll, on the ground that the property for which he had been enrolled had been since sold to Mr J. Connolly. Mr Connolly was called and upon be» inc asked, replied that be Imd purchased the pioperty, but upon a point of honor

between himself and Davies lir would not ask to have the nnmp struck off. Application refused. Mr CliarU?3 Dows'n? npp'ied to havo •he name of Thorms O'Rourlc erased and bis own inserted in lieu thereof. Order made accordingly. The name of Mrs MonMth was inserted on the roll, as also that of Mr Pickering in lieu of Gorrie. Mr J. 6. Smith applied to have his name placed on the poll in respect to additional property. Grunted.