, 1880-09-15

LGuu u AAdI 4No WV 80
Messrs. James Wilson and p. O.. Birch,
obtained an equal number of votes, namely
Q votes each, and the drawing of lots
decided the election in favor of Mr.. Birch
the vote of a gentleman whose name was
on the list of voters had, however, been
refused, because he was no longer residing
in the Elective District, and that gentleman
has since given a declaration to the effect
that he had appeared at the poll with the
intention to record his vote in favor OF
Mr.. Birch.
In the Committee a difference of opinion
has existed as to 10 whether preference
should be given to the enactment i'll SIS OF
the Colonial Law relating to the residence
of the party within the Elective district,
or whether the enactment Ill S21 that the
elections are to take place according to the
lists of persons entitled to vote, should be
absolutely decisive.
A Majority [Hattensen, Latimer, and
Willard, who lay all the stress on the
lists of voters, which lists have, as they
believe. been followed unconditionally in
nreyious ms ances, and who do not
attaeh any weight to the subsequent
declaration given by the party whose vote
thew consider was illegally refused, recon-
mend that the election be annulled.
Rut a Minority Kalmer & Rosenstand
does. as the matter stands after the declara-
ZION from the party whose vote was refused
at the election, recommend that the eIec-
ton be considered valid.
st. Croix 9th August 1850.
PHI. ROsENsTAND, HATTENSEN.
Chairman.
KALMER. LATIMER. WILLARD.
The Chairman being Speaker of the
Commit ee vacated his seat to the Vice
Chairman.
end Member for Ch~ristiansted's Country
District RosenStdndl as Speaker of the
Committee Introduced tho Report and
added that the Report simply states the
difference OF opinions that had existed IN
the COMMITTEES on the question OF the
validity of the election namely as to whe'
Their the enactment in the Colonial Law
about residence of the voter in the Elective
District should be given the preference,
or whether the enactment concerning the
elective lists should be Internationally
followed. The majority of the Commit
tee had taken the view that absolute pre-
ference should be given to this latter enact
ment, and thar, hence, those lists should
be absolutely followed at elections, which
they argue has been done in previous
cases, where the votes of persons have been
accepted though not residing within the
elective district; consequently the maJorl-
ty considers that a faul, has been commit
ted by refusing on this occasion the vote
OF the party in question, and that the decl-
sion Of the Electoral Board should be
overruled from this standpoint the Ma]o-
rty holds that no weight could be attach
ed to the subsequent declaration from the
voter.-The Minority did pot fiud it neces-
sary to express itself definitely on this
poIut. The one of the two Members who
form the minority (Kalmer) had, when the
matter was under discussion In the Coln-
Gil, entered fully on the question, and
he (Kalmer) was no doubt convinced as
regards this matter. His, the Speakers
views were a little different To him 1t
vas quite certain that one OF the condl-
tons Tor voting is that the voter at the
time the election takes place resides in the
district; this seems to be the plain mean
Ing of S1S of the Colonial Law but the
9Th : is equally as plain, where it is pre-
scrl6ed that al! elections during the period
Tor which the lists are made, shall be made
according to those lists; and a person may
10 that way come here in possession OF
access to give bis vote, although he has
In reality no right to vote. But this QueS-