§ MR. FINDLATERasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been drawn to the following incidents, which are alleged to have occurred at a recent election for Poor Law Guardians for the Castle Blayney Division, in the county of Monaghan, at which Mr. Thomas M'Mahon, a Roman Catholic, after a minute and exhaustive scrutiny of the votes made by the clerk of the Board of Guardians, in presence of the candidates, their nominators, and attornies, and one of the Poor Rate collectors, was declared by the clerk to be duly elected, as he had 317 votes, and the other candidate, Mr. Swanzy, only 315; that, a few hours after the close of the scrutiny, the clerk entered at Mr. M'Mahon's house and told him that he had, after every one had gone away, found three voting papers on the floor, under the table in the Board Room, and that thereupon Mr. Swanzy had a majority of one; that, at this very time, the clerk had written to the Local Government Board that the two candidates had an equal number of votes, viz. 315 each; that, acting on this statement, the Local Government Board has ordered a new election; that the clerk, on reading the Local Government Board's order to this effect to the Guardians, at their meeting on the Wednesday after the election, further stated that he had found two voting papers for Mr. Swanzy stuck to the other voting papers; that Mr. M'Mahon's solicitor, Mr. Moynagh, of Dundalk, wrote to the Local Government Board, giving them the real facts of the case, and asking the Board either to declare Mr. M'Mahon duly elected as guardian, or to grant a sworn investigation into the facts of the case; that the Board have not complied with either request, or assigned any reason for not doing so; and, whether the Government will, under the circumstances, instruct or use their influence with the Local Government Board to direct a sworn investigation into the facts of the case, with a view to ascertain 1605 whether Mr. M'Mahon's election was valid, and if the clerk of the Guardians is such an impartial and competent person as ought to occupy that important position?
§ MR. TREVELYANSir, the 88th section of the Irish Poor Belief Act provides that the Returning Officer shall, according to the best of his judgment and ability, make a true Return in writing to the Commissioners of the persons who shall be elected Guardians. On the occasion referred to in the Question, it appeared that there were two candidates, and the votes recorded for them were equal; consequently, he did not return either as duly elected, and the Local Government Board have no alternative but to order a new election. The Local Government Board have no power under any of the Poor Law Acts to return a Guardian, although they have power to unseat a Guardian who has been returned. They cannot, therefore, hold a sworn investigation for the purpose of placing one of these candidates in the position of Guardian; but if either of the candidates charges the Returning Officer with corrupt or improper action in the discharge of his duty at the election, and submits the grounds on which he makes the accusation, the Local Government Board will be prepared to consider the propriety of instituting an inquiry with a view of determining whether he is a fit person to hold his office.