vaj ^a^. ^;. ^o. m- IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I '" IIIM |||||M ■" IIIM i^ • *M mil 2.0 1.8 1.25 1.4 1.6 ^ 6" _ ► V] <^ /a o el e ei S" O /a / /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ^^ ^^' r<'sent with the sittin^; member at cntertainmenus to wliich the cltH'tiun a,i;;ent invited eie<-.tors. l.s/5 Lancaster EleeA'wr,, Ibid. W. Oanvassirij]j with the sittinjx member and lor liiui, and introdut'inti; the sitting member to the electors. 2.nd Jlorslavin Electron, ibi'L, 251-3. Attending ihe sitting m^'mber in his canvass, and generally employed by a committee to canvass electors, Liverpool EIrrlion. "2 P. K. <& I). 51. Canvassing with the sitting nieniber ; making out th.e list of messi'iigers who were paid by the sitting member's cotimiittee ; ordering breakfast for voters, and be- lieved l(» be in th(^ sitting member's committee room. Oxford Eleetiov, W. & D. lo7. Canvassing with the sitting member and attending in his committee room ; nameenteied onl^el'st of metnber's supy)orters, and having a dfjtosit of money in his hands for election jiurpose.s. (i((hc(iii LJliction. W. tV 1). , llU-l. (Jan vast ,ng voters personally and in company with the sitting niemher ; engaging the sitting member's committee rooms ; dining with the sitting nuMnber at the rooms, and I'aying tlie bill. Falkirk Election, M^ k D., ]t)9. Employing door- kee])eis for committee rooms ; tiominating his party's list of special constables, the list being in the hand-writing of a clerk of the sitt- ing member's electiorr agent ; attendinsi committee rooms and giving directions there ; present when the parties em])loyed were paid at the close jf the election, and directing how nnich should be paid. Great Yannouth Election, AV. & D. 185. Attending at the tally-rooms of the sitting member's committee on the nomination and polling day, and en- gaged at writing there ; canvassing electors in the presence of the sitt- ing member's sons. Dronh<'(lit Election, y^ . k D 210. Pre.sident of a society for promotin? the election of the sitting member ; chairman of a meeting addressed by the sitting member , several times at the sitt- I yiNTS ON THE LAW OF ELECTIONS. 9 iimittees of ■ Elections )n eases to evidence of committee Yarmouth tif; member !«-.tors. \fit lember and ;tors. Ind Tiber in his > el CI 'tors. he sittint( aid by the s, and be- d Electio')) , tending in up})orters, juirpose.s. onally and f member's rooms, and ying door- of special of the sitt- ind giving )aid at the A. Great )oms of the ay, and t-n- of the sitt- sident of w lairman of t tliB sitt- ing member's, committee rooms; taking voters to the poll; hiring men to bring up voters — the men so hired being 'pai(i by the sitting member's election agent ; })aying accounts for ascertaining the political state of the constituency and for advertising Duhliii Election, W. & D. 230. Asking the sitting member to be a candidate ; meeting Lim on his arrival ; joining in the })rocession ; addressing the electors on behalf of the sitting member and in his ])resence, and constantly with the sitting member during the election. Htvcrh'ij Ehi'iUm^ W. & B. 79. But by some Election Ctmmittees the following acts were held not to be sufficient evidence of agency: — Being in CDmpany with the sitting member's election agent in the sitting mend>er's coniuiittee rooms ; walking arm in arm with the sitting member, and making a speech in favour of the sitting menibe • during the election. "l)id Slii, 1 0. & and speak- West Wel- io, p. 10. HINTS ON THE LAW OF ELErTlONS. COMMITTEES. 11 Committees are, collectively and individually, agents. Per Loi-d Kenyon, C. J., Rider \. Moore, Clitf, 371. A member of a committee who conducts an election for a candidate is su'*h an agent as shall bind his principal in his acts. Honcijirood v. Oeary, Esp. 119. Persons who do what committee-men formerly did, and are seen taking an active part in the election, arc just as much committee men as if they were called so. Per Willis J., Lichfield Eledlon, 1 O. & H. 2i>. The committee man wdiom I mean, and wdioin I would hold the re- spondent responsible for, is a committee man in the onlinary intel- ligible sense of the word, that is to say, a person in whom*t;iith is put by the candidate, and for whose acts, therefore, lie is responsible. Per Martin B., JVestminstcr Election, 1 0. &. H. 92. Instructions for c(mducting the election were sent to the various ward committees. The learned judgi^ said : These instructions, signed as they are by the respondent's conducting agents, are a clear, distinct, and manifest adoption of all the members of the ward coinniitt(^es as agents. Here, under the hands of the conducting agmits, is a distinct and positive recognition of all the members of the ward committees, and their acts are just as much the acts of the coiulucting agents as if they had all been sepirately appointed by those agents ; as if they had all gone round to each of those WMrds, and nominated every man of them, beginning at the pir'sident down to the honorary secretary. Per Keogh J., Dublin Election, 1 0. & H. 272. When a Conservative^ association was formed for the pur])0se of conducting the registration of voters, and at the time of the election, the agents of the respondent acted in concert with it in promoting the election, and the respondent and his agents knew that the association was actively canvassing in the respondent's behalf, the association were held to be agents of the re- spondent. Taunton Election, 1 0. & H. 181. A Conservative asso- ciation issued a circular retiuesting tliei)aity to secure, in the municipal and parliamentary elections, the success of the respondents. The asso- ciation was afterwards adopted by the respondents in the pluce of a committee for the management of the election, and weie therefore h(dd to be their agents. Bladdmrn Election, 1 O. & H. 200. VOLUNTEER COMMITTEES. In a case where I am convinced that the parties w'ere real hmot fide volunteer voters, acting for themselves, not selected by the can- didate, or chosen by him at all, but really bond fide in a business-like manner the voters of the district choosing sober and respectal)le men, in whom they had confidence, to be the head of their own department, and acting together, a messenger who is sent by one of them is not so directly connected with the candidate or any of his responsible 12 HINTS ON THE LAW OF ELECTIONS. agents, as to make him responsil>le. StayUyhridge Election, 1, 0. k H. 72. Where it was not proved how one P. got on a committee, or who Tiominat(?d him, or what his duties were, or w^hat he did, ex- cept that he stated he understood that his duties wen: to do the best for tlie respondent — held not an agent. Windsor Election, 2, O. & H. 89. A ** Workingman's ConsiM'vative Association" was proved to be an indcpei' ! «>t ))olitical organization, acting in its own behalf, but its funds were exi)ended in canvassing persons to vote for the respon- . ttTNT.S ON THE LAW OF ET-ECTION.S. v^ ',on, 1. O. k L committee, he did, ex- do the best Hon, 2, O. & proved to be 1 behalf, but the respon- the associa- , 1, O. &H. romoting the d other gen- manager of as objector, Id not to be 189. agency. As that the act sponsible for. done it him- S. 118. A y himself an he employs. sponsible for as his agent pns that the isex Election, e expenses and eing in com- np to the le candidate ! wife of an H. 288. A conduct his ley Election, a person to itly what he the conse- T. N. S. 75. canvassing ;ent, and his C. L. J. N. LIMITED AGENCY, A person employeil to canvass a particular voter or votes only (as a manufacturer his own workmen), makes the candidate liable to that limited extent. — Westhury Election, 1 O. & H. 48. So, a lan Vic, No. (), B. C.) BRIBERY. tlie Generfll uence. — (R.- )r the Gene- —(32 Vic, or, in other lis Province, Bribery and <£• Ryan, 3 Legislative tions for the a candidate the time of, or inducing at the elec- for the Leg- The clauses of the Election Act relating to bribery are the 92nd -and 93rd. The offence of bribery has been thus defined : When- ever a person is bound by law to act without any view to his own private emolument, and another, by a corrupt contract, engages such person, on condition of a payment or promise of money or other lucrative consideration, to act in a manner wlii< h he shall prescribe, both parties are by virtue of such contract guilty of bribery, SI. Ives Elcctiony 2 Doug. El. Cas. 195. It is the oHering of money or money's worth with the view of influencing a vote. It must be cor- rupt — i. e., to influence votes. Chelienhani Election, 1 0. & H. 65. To produce that result which the Legislature intended to forbid. fFaUirxjhaDi Election, 1 O. & H. 60. Contrary to the intention of the Act, with a motive or intention by means of it to produce an effect upon the election, not going so far as bribery, but with a motive thereby to influence the election. Hcvpford Election, Judgments 109. Any offer of money or money s worth is equally forbidden : "It cannot be supposed thnt an otter to bribe is not as bad as the actual ]>ayment of money. It is a legal ott'ence. " Per Willes, J., Corievtry Election, 1 O. & H. 107. A promise or offer to cause a workman or other person to be no loser by his coming to vote, comes within the meaning of the Act, and is an act of bribery and corruption. Staley- brklije Election,. \ O. & H. 67. So a prom! .; to remunerate a voter for his loss of time ; Simpson v. Yeend, L. li. 4 Q. B. 626, s, c, 10 B. A S. 752. So the jjayment, shortly before the election, of 5.^. each to a number of voters who had attended on the registration of voters, as a day's pay for their loss of time. Taunton Election, 10. & H. 181. An offer of reward in any shape, will constitute the offence of bribery. Halton Election, 11 C. L. J. N. S. 273. Giving leave to shoot rabbits, not so much from an abstract sense of justice to the electors, but from a desire to influence the election, and so a corrupt act. Launceston Election, 2 O. k H. 129. Th(^ payment of money to take a voter out of the custody of the sheriff, to enable him to vote, is bribery. Londonderry Election, 10. «fe H. 275. So the payment of voter's taxes to induce him to vote. L-hiltcnliaw, Election, 10. bets : Held, acts of bribery. Wo ceMer Ehction (Dutton's Case), K. & Omb. 2.54. A voter bet £5 with another person, not a voter, that B would beat E. After the bet, he and another voter went to E's committee rooms, and withdrew the promises they had made to vote for E. Aftt-r the election he received his bet : Held, bribery. iVew Windaor Election {Bragf/ and Di/son's Cases), K. & O. 191. Aand P as agrents of R, a candulate, made several bets with the suppwrters of N, the opposing candidate, in this form, " I bet you $5, or $10, that you dare not vote for R." Several voters accepted the bet, and voted for R : Held, that such bets were acts of bribery. Lincoln Election, 1876. So, similar bets, as to one P, a candidate. Niagara Election. 10 C. L. J. N. S. 317 Sed contra Monmouth Elec- tion, K. A Omb. 416 ; Yom/hall Election, 4 F. & F. 404. It seems hard at flr.st sight that a single act of bribery should avoid an election, but when an act of bribery is committed the whole election of the party bribing is tainted. Per Keating, J., Noricich Election, 2 0. & H 41. "Any act committed previous to an election, with a view to influence a voter at the coming election, whether it is one, two, or three 3'^ear8 before, is just as much bribery as if it was committed the day before the election, or the day of the election; 18 HINTS OX THE LAW OF ELECTIONS. Nay more, if a man commits bribery on the firat week of a Parlia- ment, and if he asks for the suffrages of that constituency in the last week of the seven years which precede the dissolution, that act com- mitted six years before can be given in evidence aorainst him, and his seat would be forfetied. Per Keogh, J., Sligo Election, 1 0. «S: H. 302. An Act of Parliament has been passed under which, if sitting mem- bers or any of their agents pay in respect of the election, one shil- ling in bribery at any time between the present hour and the last hour of the session of this present Parliament, for 28 days alter every suih payment, a new petition can be presented, and if such a pay- ment be proved, the seat of the sitting member is efifectually gone. Per Keogh, J., Galway Election, 1 O. & H. 305. TREATING. By the Dominion Elections Act, s, 94, is defined to be cor- ruptly giving, or providing meat, drink, refreshment or provision, to or for any person in order to be elected, or for being elected ; or for the yiurposc of corruptly intluencing such person to give or refrain from giving his vote at an election. And also the giving or causing to be given to any voter .m the nomination day or day of polling on account of such voLer having voted or being about to vote, any meat, drink, or refrf\,iiment, or any money, or ticket to enable such voter to procure refr.'shment. What the legislature means by the word * cor- ruptly,' is lihis : that whenever a candidate is, by himself or his agents, in any wny accessory to providing meat, drink or entertainment, for the purpose of being elected, with an intention' to produce an effect upon tl-e election, that amounts to corrujit treating. But everything is involved in the question of intention, and it becomes important to see what is the amount of the treating. The statute does not say or mean that it shall depend upon the amount of drink. The smallest tjuautity, given with the intention, will avoid tlie election. Per Bhick- burn J. , JVd II intjford Election, 10. lack- iuteii- atfect t per- ink to ) take eroiis tier to e oau- Ind the ere no enient or tlie re the open King- pur- pose of influencing an election, was always an oEfonce at common law, ns a species of bribery ; the only difference being that the corrupting premium consisted of food, drink, or both. Rogers' Elec- tion LftJO, 36f) ; Hwjhfs v. Marnha/l, 2 C. & J. 118. Rut it may be d(»nl)t('d whether treating, in the sense of ingratiation, by mere hospit- ality, even to the extent of profusion, was stiuck at by the common law. Lichjidd Election, 1 0. & H. 25. By a standing order of the House of Commons (21st Oct., 1678), and which may be taken to enunciate the common law of Parliament, it was oidained *'that if any person shall, at any time before the day of his election, give any jiersou having vote at sucdi election any meat or drink, exceeding £10 in the whole, in any other place than his habitation for six months past, he shall be guilty of bribery, and, if proved, ineligible by it for such election." The Treating Act (7 Wm. 111. c. 4), passed in 1696, is more comprelu'nsive. *' The greatest tiitference between the resolu- tion and the statute consists in tlie evidence required of the facts ; the former declares the facts alone, when da/// proocd, to be bribery and criminal ; but the statute infers the guilt from the object and intention ; the several acts must be don(! in urdcr to he circtcd, before the j»enalty attaclujs, according to the woi'ds of the first section " I/hswich ElrA'tion, note 1). 1 Luders (Jih A. general sy;>tem of treating, houses thrown open so that people could get driidc without paying for it, all for the purpcseof iiiHuencing votes, is contrary to the principle of the common law. Bradford E/eclioii,, 1 O. & H, 41. The treating must be done with a corrupt intent. Brecon Elccfion, (2) 1 0. & H. 121. So ijromise of refreshments in /ir/, the leturning officer, on the declara- tion of any agent that a person has committed peisonaiion and, im- mediately after such person has voted, must order, by word of moulli, the arrest of such person. HIRING VEHICLES AND PAYMENT OF TRAVELLING EXPENSES. The intention of the legislature was, that voters should either walk to the poll or go in their own cariiagea. Fer Martin, B., Sol- ford Election, 1 U. & H. 135. Sve also East Toronto Elcdion, 10 C. L. J. N.S. 248 ; Cornwall Election, Ibid. 313. The offer of paymg travel- ling expenses conditional on the voter coming and voting, is an act of bribery. Cooper v. Slade, 6 H. Lds. Cas. 746 ; Lichjicul Election, 1 O. & H. 28 ; Stroud Election, 1 0. & H. 179. And is so at common la\y, Dublin Election, 10. A H. 27 :^. But not when a railway ticket is sent to the voter without conditions. Bo/ton Election, 2 O. & H. 144. The payment of a voter's expenses in g"ing to the poll is illegal, though not intended as a bribe. Lincoln Election, (1st) 12 C. L. J. N. S. 161. See also Morth Victoria Election, IOC. L.J. N. S. 217. By s. 96 of the Dominion Elections Act, 1874, ''any voter hiring any horse, cab, cart, waggon, sleigh, carriage, or other conveyance, for any can«lidate, or for any agent ot a candidate, for the purpose of conveying any voter or voters to or from the polling place or jdaces, shall, ipi^o facto, be disqualified from voting at such election, and for every .such offence shall forfeit the sum of $100 to any person suing for the same." ILLEGAL ACTS, NOT CORRUPT PRACTICES. 1. Providing or furnishing drink or other refreshment at the ex- pense of the candidate to any elector during the election, by the candi- date or any other person (sec. 87). Penalty |100 or imprisonment or both. 2. Selling or giving spirituous liquors at any hotel, tavern, shop, or other })lace within the limits of any polling district, during the whole of the polling day (sec. 91). Penalty, $100. 3. Using ensigns, flags, &c., as party flags on the day of election, or within 8 days before such day, or during the continuance of such election, or the polling (sec. 88.) Penalty, $100 or imprisonment, or both. r 22 HINTS >N THE LAW OF ELECTIONS. 4, Furnishing or wearing ribbons, favors or labels, &c., d^^ring the same period (sec, 89). Penalty, $100 or imprisonment, or both. 5. Entering the polling district during the polling day, armed with firearms, swords, staves, bludgeons, or the like (sec, 86). Penalty, |100 01' imprisonment, or both. The mere doing of an act which the statute means to be subject to a penalty, but does not declare to affect the election, could not by any possibility affect the seat. Bulfon Election, 2 O. & H. 144. PAID AGENTS AND CANVASSERS. It is not a corrupt i)ractice to employ voters for the purposes of the election, and to pay them the ordinary fair and reasonable remunera- tion lor their services, but such voters thereby lose their franchise, and are disqualified from voting. But where the remuneration is found to be unreasonable or excessive for tlie nature of the work done or the value of the services, or where the employment is cclorable, tlien a corrupt intent may be inferred. Tlie following decisions show how- far voters have been disqualified from voting: — A solicitor who was a paid agent Ntw Windsor {BartGus Case) K. & Omb., 180. A town clerk who read the proclamation, and sat in the i)olling booth with the mayor during the election, and received payment therefor. Ibid. {Seckei'^s Case) 185. A n flector employed as a special messenger during the election, althougli it appeared tliat such was his ordiaary calling. EDesham Election (George's Case), Fal. & Fitz. 527. A check clerk employed and paid by one candidate, vote struck off the poll, including tliatoi the other candidate by whom he had not been employed. Bed- ford Election ( Wilcox's Case), P. & K. 136, s. c, C. ii K. 94. See further, Worcester Election, K. & Omb., 246. The votes of the follow- ir^g were allowed •.—An elector who was employed to erect the hustings, and whose bill was afterwards paid. Ipsiuich Election {Page's Oc.se), K. & Omb. 387. An elector who led the band and was paid. Monmot'th Election {Partridge's Case), Ibid. 421. An elector who was a regular constable of the borough, and for whose services a sum of money was included in the town clerk's account to be ])aid to him. Nmc Windsor Election {Lovcg^^orcs Case), K. & Omb. 183. So the town sergeants of the corporation, who were paid out of the rates for their services at the election. Ipswich Election {Cook's Case), K. & Omb. 384 ; but two of them who acted as door-keepers of a candidate's committee-room were disallowed. Ilnd. Printers who also acted as messengers, held not disqualified. The employment of sous of voters as messengers, when their wages were paid to their fathers, invalidates the votes of their fathers. ISouthamptQn Election, 1 O. & H. 223. So payments to a voter to remunerace him for expenses incurred in employing assistants HINT.4 OH THE LAW OK ELECTIONS. 23 while tie was engaged in electioTi matters, ihid. S^l. But employing a voter who was a cabman, which was his ordinary occupation, does not diaqnalify {Ibi'1.), unless such employment was by a candid.ite or any agent oi a candidate. See Election Act, 1874, s. 96. Employment of voters to keep the peace, or to keep the doors of th(^ polling stations, invalidates their rotes. Glouccste, Election, 2 0. & H. 62. :!^nlar ey was iiuhor ants of at the two of 11 wei'H ;ld not , when f their ,s to ft istants SUBSCRIPTIONS TO CHARITIES, Etc. A candidate sent £10 to a dissentinf? conviously not charitable, and was a corrupt })ractice. Malcolm v. Parry {Boston Election), L. R. 9 C. P., 610 ; 2 O. & H. 161. It was proved th;it on and immediately after the polling-day, large sums of money were dis- tributed in shillings and halt-crowns to poor people in the streets of u HINTS ON TttK LAW OF ELECTiuNS. the borouf^li ; noneoftlH" rnoiK'y, however, was given to voters. Sucii a proceeding was held not to be a corrupt practice within the Act. Youglml Ekclion, 1 O. & H. 294. Where a candidate gave a sub- scription to an Orange I^odge, altliough he was not an Orangeman properly so-called, nor were his o])inions identical with those of the Lodge, the Judge remarked, " The ])rofession by a candilate of holding certain opinions is a hgitiinate mode of inlluencing votes ; and if the lespondent thought that it would be for his })enefit with reference to his election, to inform Orangemen and oth'^'s that he did entertain opinions in favour of •xistitutions of this kind, I can see nothing illegitimate in that. The case appears to me identical^ the same as if he had w rilten a pamphlet in support of such institutions as Orange halls, and had paid the; printer for [»ublishing it. Per O'Brien, J., Belfast Election, 1 0. k H. 282. Where it was pioved that a candi- date gave very li])eral si. Inscriptions to churches, the Court said, " We strongly itnprcss it upon candidates and their agents at future elec- tions, to < chibit a larger measure of caution, and to select le.ss suspi- cious seasons for exercising their liberality towards charitable and religious objects. Per Hagarty, C. J., Souili Huron Election, 24 C. P. 497'." Sucii he Act. 'i a suh- 11 gem a li ? of the holding (1 if the •eiicc to itertaiii nothing 5a me as Orange ien, J., I candi- l, "We re clec- s suspi- ble and :4 C. P. y % ^