§ MR. SPEAKER informed the House that he had received from the Judges appointed to try the several Election Petitions the following Certificate and Report relating to the Election for the. Borough of Great Yarmouth:—
§ In the High Court of Justice, King's Bench Division. The Parliamentary Elections Act, 1868, the Parliamentary Elections and Corrupt Practices Act, 1879, the Corrupt Practices Prevention Act, 1854, and the Corrupt and Illegal Practices Prevention Act, 1883.
§ Election of a Member of Parliament for the Borough of Great Yarmouth, holden on the 16th day of January, 1906.
§ To the right hon. the SPEAKER of the House of Commons.
§ We, Sir William Grantham, Knight, and Sir Arthur Mosely Channell, Knight, Judges of the High Court of Justice, and two of the Judges on the Rota for the time being for the Trial of Election Petitions in England and Wales, do hereby certify, in pursuance of the said Acts, that upon the 26th, 27th, 28th, and 30th days of April, and the 1st, 2nd, 3rd, and 4th days of May of this year, we duly held a Court at the Town Hall, Great Yarmouth, for the trial of and did 137 try the Election Petition for the Borough of Great Yarmouth between James Martin White, Petitioner, and Arthur Fell, Respondent.
§ And in further pursuance of the said Acts we certify that at the conclusion of the said trial we differed as to whether the said Arthur Fell, being the Member whose Election and Return were complained of, was duly elected and returned, the difference being upon the question whether one John George Baker was or was not proved to have been an agent of the said Arthur Fell.
§ I, the said Sir William Grantham, determined that the said Arthur Fell was duly elected and returned, and I, the said Sir Arthur Mosely Channell, determined that the said Arthur Fell was not duly elected and returned, and that the Election was void on the ground of bribery by his agent, and we do hereby certify in writing such our determinations to you.
§ And whereas charges were made in the said Petition of Corrupt and Illegal Practices having been committed at the said Election, we, in further pursuance of the said Acts, report as follows:—
- 1. That no corrupt or illegal practice was proved to have been committed by or with the knowledge and consent of the said Arthur Fell.
- 2. That the persons whose names are set out in the Schedule hereto were proved to have been guilty of the corrupt practice of bribery.
- 3. That although it was proved that corrupt practices were committed at the said Election, it was not proved, nor have we reason to believe that corrupt or illegal practices extensively prevailed at the said Election.
- 4. We certify that we differed as to whether the said Arthur Fell was guilty by his agent of the corrupt practice of bribery, and report that saving this the said Arthur Fell was not guilty by his agents of any corrupt practice.
- 5. That the said Arthur Fell was not guilty by his agents of any illegal practice.
- 6. That we have given Certificates of Indemnity to all the persons whose names are set out in the Schedule hereto, except John George Baker and William Morl.
| Schedule. | |
| John George Baker. | Edgar Samuel Balls. |
| William Morl. | JoshuaSamulBrown |
| Benjamin Lewis. | George Harris. |
| William Wolage. | William Samuel Palmer. |
| Abel Newson. | |
| Arthur Stolworthy. | Samuel Hewitt. |
| William White. | James Fenn. |
| William Mallett. | |
| Wm. GRANTHAM. | |
| A. M. CHANNELL. |
§ And the said Certificate and Report from Mr. Justice Grantham and Mr. Justice Channell were ordered to be entered in the Journals of this House.
§ Copy of Shorthand Writer's Notes laid upon the Table by Mr. Speaker.
§ MR. SWIFT MACNEILLsuggested that as this was a question of privilege, the judgment, along with the shorthand writer's notes, should be entered on the journals of the House.
§ MR. SPEAKERruled that it was not a question of privilege, and that the hon. Member could not raise the question at this stage, as he would thereby be impinging on Government time. If, however, a Motion were put from the Government bench, of course it could be put at once.
§ THE SOLICITOR-GENERAL (Sir W. ROBSON,) South Shieldsstated that the Government had no objection to such a Motion as the hon. Member had suggested, and he accordingly now moved it.
§ MR. SPEAKERIf a Member of the Government desires that those matters should be printed, it is not necessary to make a Motion. A simple instruction to the clerks at the Table will be sufficient. As to the entry of the judgement in the journals of the House, that is done by statute.
Ordered, That the Copy of the Shorthand Writer's Notes of the Judgment of
139 Mr. Justice Grantham and Mr. Justice Channell on the Trial of the Election Petition for the Borough of Great Yarmouth, also the Minutes of Evidence taken at the Trial of the said Election Petition, be printed. [No. 169.]— (Mr. Solicitor-General.)