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The Pamphlet Collection of Sir Robert Stout: Volume 77

No Man can Administer Above his Own Level. — The Ministry has No Keen Concern for the Safe Custody of the People's Ballot. — The Question of Returning Officers

No Man can Administer Above his Own Level.

The Ministry has No Keen Concern for the Safe Custody of the People's Ballot.

The Question of Returning Officers.

Mr H. D. Bedford, M.H.R., Dunedin, speaking in the House of Repre- page 27 sentatives on June 30th, 1905 ("Hansard P. 133) made the following indictment of the Government for its laxity in safeguarding democratic rights so far as the careful custody of the people's votes are concerned:—

"I will now proceed to another department of the State.

I come to the Department of the Colonial Secretary, which is by no means free from the appearance, at any rate, of maladministration. I will draw the attention of the House to one or two appointments as Returning Officer or Registrar. In the first speech I made in this House I drew attention to the continuance in office of a Registrar in Invercargill named McEwen. I pointed out that this man McEwen had been convicted of wilfully and knowingly violating his duty as Registrar, and yet he was not removed from office, notwithstanding that an election was coming on in a few weeks. Even after that election he was retained in office and allowed to act as Registrar of a licensing-committee election that was held some months after the general election. I know that that man has now been discharged. I have referred to it that I might lead up to the case of a Returning Officer named Bird at Westport. I make no apology for referring to this man by name, because I consider that the Government have been guilty of a gross breach of duty—indeed, of treachery to the interests of the colony—I am not using language too strong, as will abundantly appear—by keeping this man in office. I will give the man's history—the history of a man upon whom lies an important responsibility with respect to the election of members of Parliament and licensing election. This man is still in office, but he must be removed. If not, the country ought to be roused to indignation at the continuance in office of a man with a record such as he has. In 1890 he was dismissed from office. The "Gazette" states,—

Notice of Dismissal from the Civil Service. "Department of Justice, Wellington,

"It is hereby given notice that His Excellency the Governor in Council, has been pleased to dismiss Frank Bird from the offices of Resident Magistrate, Coroner, Warden, Judge of the Assessment Court, and Returning Officer at Westport, and from the Civil Service of the Colony

"(Captain, W. R, Russell."

A man is not removed from these positions except for some gross misconduct. In the same "Gazette" we find,—

Justice of the Peace removed from Office. "Department of Justice, Wellington,

"His Excellency the Governor has been pleased, in terms of section 7 of "The Justices of the Peace Act, 1882," to direct the removal of the name of Frank Bird, of Westport, from the Commission of the Peace, and that such removal will take effect on and from the 28th of July instant.

"W. R. Russell."

Further we have this:—

Member of the Westport Harbour Board removed. "Marine Department, Wellington,

"His Excellency the Governor has been pleased, in pursuance and exercise of the power and authority conferred upon him by section 4 of "The Westport Harbour Board Act, 1884," to remove Frank Bird from his position as a member of the Westport Harbour Board.

"Thomas Fergus

(For the Minister having Charge of the Marine Department)."

With these facts within his knowledge, Mr. Seddon was approached by deputation—I think in 1896—and he then declared that Mr. Bird was "not exactly dismissed "Those were his words, and yet we have the records in the "Gazette" of his dismissal from these important positions. Everyone knows what he was dismissed from office for: it was for corrupt practice. The mere fact of his dismissal from these positions is sufficient proof to any one that he was guilty of some misdemeanour. That man is today in charge of the people's Parliamentary and Licensing ballots. Now, I want to know if that man is going to be removed? I would not like to damn any man for what he has done in the past, for I believe that it is possible for any man to retrieve his past; but you must not put a person with such a record into a position of such responsibility. A man with such record must be removed from the position of Returning Officer. We have had enough of such Returning Officers. There has been Mr. King in Auckland, and Mr. McEwen in the south, and now we have this man in Westport, and an election approaching. This is not what I call clean and pure administration."

This session several complaints have been voiced by members of the indifferent character of a number of returning officers who are responsible for such onerous duties in connection with both the Parliamentary and licensing polls. These appointments are administrative acts, not acts of legislation.

In 1899 the lax administration in the Marine Department necessitated the appointment of another expensive Royal Commission to investigate serious charges of grave irregularities in that department.

The result of the investigation showed conclusively that the tone of the administration of the Marine Department was at a low ebb, and a regular clean-up had to follow the Commission's work.