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
Such results are thoroughly unsatisfactory for both parties; to the
defeated party because he loses his seat; to the successful party
because he does not want to have an election, which he believes to be
vitiated by gross corruption, set aside on account of a trivial breach
of the law. The main difficulty seems to lie in the attitude of mind of
the judges. They require a degree of proof of corrupt intent, which is
very proper in criminal cases, but which would seem to be out of place
in an election petition. On a charge, for example, that an agent of the
candidate, to whom pay was promised, had voted, it was held necessary to
prove an actual express promise of payment, and not such an implied
promise as would support a civil action.[236:4] So, also, where a
candidate named Lowles caused to be distributed among the poor, some
time before an election, his own visiting cards exchangeable for food,
and it was announced in a newspaper that gifts of food had been arranged
by the Unionist candidate, one of the judges said: "I cannot bring
myself to believe in the circumstances of this case that the motive of
Mr. Lowles in giving away the tickets, months before any election was
imminent; was to influence voters."[237:1] Nor is this an isolated
instance. Where soup and coal tickets were distributed largely at the
expense of a candidate, who reminded voters, when the election came on
some months later, that he had given away soup, the court said that
"although . . . it would have been more prudent for the Respondent had
he kept aloof from the immediate distribution of the relief, we cannot
infer, from the evidence before us, that his motive or conduct was
corrupt."[237:2]
The difficulty seems to lie to some extent in the fact that a report of
corrupt or illegal practices by the court involves not only the setting
aside of an election, but the same loss of political rights as would
follow upon a conviction;[237:3] and, hence, the judges tend to require
the kind of evidence that would support a criminal prosecution.
Moreover, they seem to find it incredible that a candidate for
Parliament can be guilty of the grosser kind of offences. One feels this
very strongly in reading the opinions in election cases.
[Sidenote: How Much Corruption Still Exists.]
Public-domain text, read in full here on John Shaqi.
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