42

Auckland, March 27th, 1855.

Sir,—I have the honor to acknowledge the receipt of a letter from your Honor, dated 26th instant, enclosing a copy of the Returning Officer’s explanation, in reference to his refusal to allow Messrs. Lowe, Smith, and Lowson to proceed to poll at the late City Election.

As the Returning Officer has thought it necessary to connect my name with his explanation, I beg to enclose a statement of the part I took in reference to the City Election.

I have, &c.,

STEPHEN E. HUGHES.

To His Honor the Superintendent, Auckland.

Auckland, March 27th, 1855.

On the 20th February ult., I waited on the Returning Officer for the City Election, at the Police guard-room, with three nomination papers, one of which contained the names of Messrs. Lowe, Smith, and Lowson; the proposers of those gentlemen being myself, Stephen Edward Hughes, and William Ash Laxon.

When the Returning Officer looked at the nomination paper, he remarked, Wm. Ash Laxon has signed Auckland, settler, it is necessary that the name of the street should be mentioned. I then said, he did live in Shortland-street, but if you refer to the Electoral Roll I will alter it according to the description on the Electoral Roll. The Returning Officer replied, I have not got a copy of the Electoral Roll in the office. I then inserted the words Shortland street, and left.

Upon returning home I looked at the Electoral Roll, and found Mr. Laxon had neglected to register himself for the City. I at once was aware of the informality of the nomination, and Messrs. Hedge and McPherson having a candidate to propose, they renominated Messrs. Lowe, Smith, and Lowson; the fourth candidate being George Ebenezer Vaile.

I here distinctly state, that on that day, the 21st, I handed in one paper only, on which was the names of four persons, and that I did not hand in two papers, one of which was to have one name, and the other three names.

At the time I handed in the nomination paper to the Returning Officer, I remarked, you have the written consent of three of the candidates already. I suppose you do not require them again. The Returning Officer said, there is no occasion to nominate them twice, to which I replied, that as Messrs. McPherson and Hedge wished to nominate those persons, I did not think there could be any objection to their doing so. I then left the office.

I beg further to remark, that the Returning Officer, in last paragraph but two of his explanation, says, that owing to those gentlemen being wrongly nominated, he could not have declared them legally elected; when at the same time he has declared one person.

I have, &c.,

WM. BROWN,
Superintendent.

Mr. S. E. Hughes.

Superintendent’s Office,
Auckland, 26th March, 1855.

Sir,—I have the honor to enclose a copy of the Returning Officer’s explanation, in reference to his refusal to allow Messrs. Low, Lowson, and Smith to proceed to poll at the late City Election, and beg to state that I shall be happy to receive from you any remarks which you may deem necessary from the use made of your name by the Returning Officer in that explanation.

I have, &c.,

WM. BROWN,
Superintendent.

To Daniel Pollen, Esq., Chief Clerk, Superintendent’s Office, Auckland.

Names of the successful candidates, with the numbers polled by them:—

John Finlay .......... 257
Walter Lee .......... 237
Thomas Somerville ... 230
John Williamson ..... 215
James George ........ 212
John Kelly .......... 205
Edward King ........ 203
Thomas Murphy ...... 201
G. Vaile ............ 198

(Signed) EDWARD MAYNE,
Returning Officer.

Auckland, 28th Feb., 1855.

Sir—We the undersigned, duly qualified Burgesses of the City of Auckland, having examined the Laws entitled the City Council Act, Nos. 1 and 2, do hereby protest against the polling and election that have taken place this day for the following reasons, namely—

1st. Because several of the candidates have not been proposed and seconded in the manner and form prescribed by law.

2nd. Because you, Edward Mayne, Esq., have (notwithstanding that you have been illegally appointed) acted as Returning Officer for the City of Auckland.

For these several reasons we protest against the said polling and election, and any return that you may make.

(Signed)

Joseph Lowe,
John Makepeace.

To Edwd. Mayne, Esq., Returning Officer.

I also beg to enclose copies of four protests handed to me at and before the election, two of them having been read to me during the time of the election.

Requesting further instructions if necessary,

I have, &c.,

EDWARD MAYNE,
Returning Officer.

To Daniel Pollen, Esq., Chief Clerk, Superintendent’s Office, Auckland.