HC Deb 29 March 1895 vol 32 cc468-70
MR. P. J. POWER (Waterford, E.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that the scrutiny of votes for the Rathgormach electoral division of the Carrick-on-Suir union shows that Mr. Maurice Kennedy obtained 80 votes, while Mr. Michael Power obtained only 51; that the returning officer has declared Mr. Michael Power duly elected, on the ground that the writing of the signature of the nominator of Mr. Maurice Kennedy in the nomination paper does not precisely resemble his writing of his signature in his voting paper; and that the nominator of Mr. Kennedy has made a statutory declaration and forwarded it to the Local Government Board to the effect that his signature to the nomination paper is in his own handwriting; and whether the Local Government Board will, under the circumstances, direct the returning officer to amend his return by declaring Mr. Maurice Kennedy duly elected?

THE CHIEF SECRETARY FOR IRELAND (MR. J. MORLEY, Newcastle-upon-Tyne

The Local Government Board received yesterday a complaint regarding the action of the returning officer in this matter, together with the statutory declaration referred to. The papers will be forwarded to the returning officer for his observations before further action is taken. I may add that the Board have no power to direct a returning officer to amend his return of a poor law election, but the Board, if satisfied that the person returned by him has no right to act as a Guardian, can set aside the return and order a fresh election to take place.

MR. POWER

, may I ask if he is entitled to vote in the meantime as an elected member of the Board.

MR. J. MORLEY

That is a legal point that I cannot answer, but I will inquire.

MR. POWER

May I ask the Chief Secretary if he will inquire immediately, as a division is expected to-morrow of great importance.

MR. J. MORLEY

I cannot get a legal opinion by to-morrow.

MR. T. J. CONDON (Tipperary, E.)

I beg to ask the Chief Secretary for the Lord Lieutenant of Ireland whether two of the Justices, included by the Clerk of the Union of Carrick-on-Suir in the list of ex-officio guardians for the union, namely, Messrs. Edward Bowers and George W. Withers, who are non-resident, are entitled to act, in view of the fact that there are other non-resident Justices, namely, Viscount Clifden, who is a Justice of the county of Kilkenny, and Mr. Goodman, who is a Justice of the county of Kerry, who both possess a higher rating qualification in the Carrick-on-Suir Union than Messrs. Bowers and Withers; whether, under Section 7 of the 12th & 13th Vic., c. 104, as defined by the circular letter of the Local Government Board in reference thereto, the Clerk of the Union was bound to include Viscount Clifden and Mr. Goodman in the list of ex-officio guardians on the 29th September last, they having been on that date acting Justices for the counties in which they reside; and whether the Local Government Board will at once direct the amendment of the list of ex-officio guardians by striking off the names of those who have been acting as guardians up to the present?

MR. J. MORLEY

A complaint was only received by the Local Government Board on the 27th instant, in reference to the action of the Returning Officer in the preparation of the list referred to, and the Board are now in communication with that officer on the subject.