MR. O'BRIENasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether Mr. Louis Smyth, one of the candidates for the office of Poor Law Guardian for the Carnamoney division of the Magherafelt Union, demanded a sworn inquiry into the circumstances attending the election for that division in March last, alleging that he had been elected by a majority of votes, but that the return had been falsified by the misconduct of the returning officer and his assistant; whether the Local Government Board, on Mr. Smyth's memorial, granted an inquiry, but before the inquiry could be held, and without notice to Mr. Smyth, directed a supplemental election to be held, at which Mr. Smyth's opponent was declared elected without opposition; whether, when the promised inquiry into the validity of the March election came to be held, the inspector stated that his instructions from the Local Government Board forbade him to enter into a scrutiny of the votes given at that election, on the ground that the supplemental election ordered by the Local Government Board could not be affected by the voting at the impugned election; whether Mr. Smyth declined to be a party to an inquiry which ignored his claim to have been duly elected, on the strength of which the inquiry was originally demanded; and, whether it was competent to the Local Government Board, after ordering an inquiry, to prejudge that claim by directing a fresh election without notice to Mr. Smyth?
§ MR. TREVELYANThe voting at the March election for the Carnamoney Division was returned as equal; and, therefore, no candidate was elected. Mr. Smyth, one of the candidates, demanded 778 a scrutiny of the votes; but he showed no grounds for it, and it could not be ordered merely on his general allegation that he believed he ought to have had a majority. A new election was ordered. Mr. Smyth did not stand; but I am informed a candidate in his stead was elected—I mean a candidate belonging to the same way of thinking. Subsequently, I thought it necessary to direct an inquiry into matters connected with the action of the Returning Officer in this and some other divisions, and it was before the Inspector who was holding this inquiry that Mr. Smyth appeared, and again demanded a scrutiny of the votes. The Inspector properly declined to comply with this demand, as there was still no grounds for it, and Mr. Smyth then retired. I have received the Inspector's Report, which is very full, and it shows that there were irregularities in different electoral divisions, and I hope, in one case, to be able to annul the election. The order for the supplemental election was issued before the inquiry was ordered, and not afterwards, as alleged; and the result of the investigation, if Mr. Smyth had chosen to pursue it, could not have had the effect of establishing him as the Guardian of the Carnamoney electoral division.
MR. O'BRIENWas not Mr. Smyth's claim originally that he had been actually elected, and was not the Inspector prevented from trying out that question by the way the inquiry was held?
§ MR. TREVELYANThe Local Government Board, in any case, had no power to override an election; they could not have declared Mr. Smyth elected; he did not give specific grounds to enable a scrutiny to be held. He only gave the general belief of his party.