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The Pamphlet Collection of Sir Robert Stout: Volume 77

Appendix VIII. — Ashburton Poll. Decision of Mr C. A Wray, S.M

page 41

Appendix VIII.

Ashburton Poll. Decision of Mr C. A Wray, S.M.

The Magistrate gave his decision this afternoon 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 subsection 6 of section 40 of the Act of 1876 as irregularities in the 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 the simultaneous voting, I think that the proper course was not followed at Mayfield and at Mount Somers, and each 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 it 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 so unmistakably expressed. The petition is dismissed."