The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
But no institution is altogether without defects. A select committee on
the subject of election petitions reported in 1898 that the grievances
alleged to exist in the present system related to delay, to the expense
involved, and to the lack of security for costs in favour of the
successful party; and it recommended some changes in procedure to
improve these matters.[235:1] The expense of an election trial is
undoubtedly great--sometimes thousands of pounds--and since the charges
are borne by the litigants, and a favourable judgment involves a fresh
election, while the trial itself is likely to entail a certain amount of
unpopularity, it is not surprising that a defeated candidate hesitates
to file a petition.
[Sidenote: Uncertainty of the Result.]
With all respect to the select committee of the House of Commons, it
would seem to a foreign observer that the defects it reported are not
the only ones to be found in the existing system. The bringing of
election petitions is discouraged not only by the cost involved, but
also by uncertainty both in the result and in the grounds on which it
will be based. A candidate may feel convinced that his defeat was due to
corruption practised by his opponent, by the publicans, and by the local
political organisation, and yet the court, finding some of these charges
unproved, may think it unnecessary to inquire into others because much
graver questions are decisive of the case; the graver matter being
that, contrary to the provision forbidding "marks of distinction," the
defendant's agent furnished his supporters with cards to wear in their
hats.[236:1] Where serious corrupt practices are charged, the election
may be set aside on account of the payment of a railway fare to an
out-voter.[236:2] And in a case where the facts stated by the court
portrayed a bacchanalian orgy in the form of a drunken procession
through the streets, headed by the candidate himself in a barouche, with
some direct evidence that he offered free drink to the crowd, the judges
found that there was no sufficient evidence of treating; but avoided the
election on account of the payment of two shillings for conveying a
voter to the polls.[236:3]
[Sidenote: Attitude of the Judges.]
Public-domain text, read in full here on John Shaqi.
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