Townsville Daily Bulletin (Qld. : 1907 - 1954), Tuesday 24 September 1907, page 6


THE WARREGO ELECTION.

MR. BARBER UNSEATED. MR. P. J. LEAHY DECLARED ELECTED. BRISBANE, September 23.

The petition by Mr P. J. Leahy against Ihe return of Mr G. P. Barber as member for Warrego came before the Elections Tribunal, consisting of

his Honor the Chief Justice (Sir Pope Cooper) and Messrs Bouchard, McMaster. and Stodart, assessors, to-day. The Chief Justice said the respondent had filed a notice that he did not intend no oppose the petition. Ifte (the Chief Justice) also said he had received a letter .from Mr Herbertson rsklng to. bo permitted to absent himself from the tribunal, as he had important business to attend to. If Mr Herbertson preferred to attend to his business he could not excuse him, and ho must take the conse'quence, whatever that might bo. ' Tho assessors were sworn. The Chief Justice said the petitioner claimed that he was elected, not oh the ground that he had received more votes than -his opponent, but on the grounds that he (Mr Barber) was not properly nominated. Evidence was given of the liquidation of Mr Barber. Mr Stumm read the affidavits of the returning olficer and of the respondent (Mr G. Barber). The latter ^tated that the only candidates at the election were Mr Leahy and himself. In September. 188S, he filed a petition tor liquidation of 'his affairs, and In May, . 1S89, his creditors passed a resolution that he was not entitled to a certificate of discharge. His liquidation had not been annulled, and he had never received his certificate. He did not know at tho timo of Ms nomination that tho fact that he had not obtained his discharge as an Insolvent was a dlsuual!-. fixation, but ho acknowledged now, he wag not qualified to be elected. Mr P. J. Leahy stated that he was the rf'-lrlng member, and he was nomlCContlnued on Page ?.)

nated for re-election. He was careful to see that his nomination paper was In order. It was signed by ten persons, whose names wore on the rolls, and who were entitled to vote at the election. He believed that Mr Barber received 646 votes, and himself 640. So far as he knew he was not disqualified in any way from being' nominated or being elected member for Warrego. This was the case for the petitioner. Mr Stumm submitted that under Section 61 of the Elections Act the fact that a man had liquidated his affairs by arrangement and had not received his certificate of discbarge, and his creditors had not been fully paid or satisfied, was an absolute bar to his nomination. The words of the section were 'Incapable of being- nominated or elected.' Under Section 4!) ilso the respondent's nomination was bail.' He (Mr Stumm) submitted that lmlh en the facts and the law the Court would declare Mr Leahy duly elected. The assessors found the C-icts in the petitioner's favor, expressing tho opinion that according to lair the respondent was incapable of being nominated or elected, and that th-- i clilfoner ytaa the only qualified candidate. The Chief! Justice poti'JM out that there was only one real candidate at the election, and if the returning officer had been aware that the other candidate was incapable of being nominated it would have been his duty to declare the petitioner elected as the only candidate nominated. The returning officer was not aware of that. and, supposing that both were properly nominated, he declared Mr Barber elected na the person who received the most votes. The question for the tribunal was whether the petitioner was duly elected, he being the only ;-orson capable of being nominated. The assessors said they were satisfled that respondent was incapable of being nominated or elected. Mr Stumm asked his Honor to declare that respondent (Mr Barberj was disqualified from being nominated or elected, and to declare that he was not duly elected and returned, and that the petitioner (Mr Leahy) was duly elected, and ought to have been returned .as the sitting member. The Chief Justice made a declaration accordingly, and directed that Hie deposit money should be returned to Mr Leahy with any, accrued interest.