Hansard

Berwick-Upon-Tweed Election Petition

Volume 163: debated on Tuesday 8 May 1923

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Mr. SPEAKER acquainted the House that he had received the following Certificate from the Judges appointed to try the Election Petition relating to the Election for the Berwick-upon-Tweed Division of the County of Northumberland:

In The High Court of Justice.

King's Bench Division.

The Parliamentary Elections Act, 1868,

and

The Corrupt and Illegal Practices Prevention Act, 1883,

and

The Representation of the People Acts, 1918 to 1921.

In the Matter of the Election Petition for the Berwick-upon-Tweed Division of the County of Northumberland.

Between:
Robert Carr Bosanquet and Bertram Fitzgerald WiddringtonPetitioners.
and
Hilton PhilipsonRespondent.

To the Right Honourable

The Speaker of the House of Commons.

We, Sir Horace Edmund Avory, Knight, and Sir John Sankey, Knight, G.B.E., 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 Parliamentary Elections Act, 1868, and the Parliamentary Elections and Corrupt Practices Act, 1879, that upon the 25th, 26th, 27th, 28th, and 30th days of April and the 1st, 2nd, and 3rd days of May 1923, we duly held a Court at the Moot Hall, Newcastle-upon-Tyne, in the County of Northumberland, for the trial of and did try the Election Petition for the Berwick-upon-Tweed Division of the said County where Robert Carr Bosanquet and Bertram Fitzherbert Widdrington were the Petitioners, and Hilton Philipson was the Respondent.

And in further pursuance of the said Act we certify that at the conclusion of the said trial we determined that the said Election was void.

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 committed by or with the knowledge and consent of the Respondent at the said Election.
  • 2. That Thomas William Wilson Boal was proved to have been guilty of the corrupt practice of having as Election Agent for the Respondent knowingly made the declaration required by Section 33 of the Corrupt and Illegal Practices Prevention Act, 1883, falsely, and of the illegal practices of
  • (i) having made payments or contracts for payment on account of the conveyance of Electors to and from the Poll;
  • (ii) having as such Election Agent as aforesaid knowingly paid sums and incurred expenses before, during, and after the said Election on account of or in respect of the conduct or management of such Election in excess of the maximum amount in that behalf specified in the First Schedule to the said Act;
  • (iii) having as such Election Agent not transmitted to the Returning Officer a true return respecting his expenses at the said Election in the form set forth in the Second Schedule to the said Act; and
  • (iv) having paid expenses incurred on account of, and in respect of, the conduct and management of the said Election after the time limited by such Act.
  • 3. That there is no reason to believe that corrupt or illegal practices have extensively prevailed at the said Election;
  • 4. That the said Respondent, Hilton Philipson, was guilty by his Election Agent of the corrupt practice of having knowingly made the declaration required by Section 33 of the Corrupt and Illegal Practices Prevention Act, 1883, falsely;
  • 5. That the persons whose names appear in the First Schedule hereto were proved to have been guilty of the illegal practices of having knowingly made payments or contracts for payment on account of the conveyance of electors to and from the Poll, and of making payments after the time limited by the said Act;
  • 6. That Certificates of Indemnity have been furnished to the persons found guilty of the above-mentioned illegal practices whose names appear in Part I of the Second Schedule hereto.

    • A copy of the evidence and of our Judgments, taken by the deputies of the Shorthand Writer of the House of Commons, accompanies this our Certificate.

    The First Schedule

    Part I

    Names of persons guilty of the illegal practice of knowingly making, or being concerned in, payments or contracts for payments on account of the conveyance of electors to the Poll:

    • Thomas William Wilson Boal.
    • John Drysdale Thompson.
    • James Hewie Currie.

    List of persons guilty of making payments after the time limited:

    • Thomas William Wilson Boal.
    • Cecil Wentworth Parke.
    • John Gordon Lennox Drummond.

    The Second Schedule

    Part I

    Names of persons who have been furnished with Certificates of Indemnity:

    • George Martin.
    • Robert Martin.
    • William Laughton Leach.
    • John Gordon Lennox Drummond.

    Part Ii

    Names of persons who have not been furnished with Certificates of Indemnity:

    • Thomas William Wilson Boal.
    • John Drysdale Thompson.
    • James Hewie Currie.
    • Cyril Wentworth Parke.

    HORACE E. AVORY.

    JOHN SANKEY.

    Dated this 3rd day of May, 1923.

    The PARLIAMENTARY SECRETARY to the TREASURY
    (Colonel Leslie Wilson)

    I beg to move, "That the said Certificate and Report be entered in the Journals of this House."

    Mr. J. JONES

    Are any of these gentlemen whose names have been mentioned occupying public positions in that district?

    Mr. PRINGLE

    I wish to call the attention of the House to the fact that in the last Session I put a question to the Minister of Labour with regard to one of the men whose names appear in the Schedule —one, indeed, whose name is exempted from the indemnity. I put to the Minister of Labour the question whether he was not an official of the Ministry of Labour, and had been an agent for the purposes of this election? I received a denial at that time, and was referred to somewhat contemptuously by the Minister of Labour in relation thereto. I hope that the Minister of Labour will take an opportunity of having his information corrected in that respect.

    Mr. J. JONES

    Can I have an answer to my question? Are some of these men public officials occupying positions of responsibility in the district? I would like to have an inquiry held into the question whether these people who have been guilty of corrupt practices are public officials.

    Mr. SPEAKER

    That must be dealt with, first of all, by means of a question placed on the Paper. The only matter with which we are concerned at the moment is the Report of the Judges, which I have read exactly as it reached me.

    Question put, and agreed to.

    Ordered, "That the said Certificate and Report be entered in the Journals of this House."