1907 Blayney state by-election

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1907 Blayney state by-election
Flag of New South Wales.svg
←  1904 12 January 1907 Nov. 1907  →
Electoral district of Blayney in the Legislative Assembly of New South Wales
Turnout50.6% (Decrease2.svg 15.5%)
 First partySecond party
 
LRP
 George Beeby 1927 (3x4 crop).jpg
Candidate John Withington George Beeby
Party Liberal Reform Labor
Popular vote1,7331,710
Percentage50.33%49.67%
MLA before election

Paddy Crick
Progressive

Elected MLA

John Withington
Liberal Reform

A by-election was held for the New South Wales Legislative Assembly electorate of Blayney on 12 January 1907 because Paddy Crick (Progressive) resigned from Parliament after findings of corruption made by a Royal Commission. [1] Crick had also been expelled from the Legislative Assembly for outrageous behaviour in the chamber, however he was returned in the resulting by-election. [1]

Contents

The Royal Commission handed down an interim report in May 1906, [2] which found that 50% of the sums received by a land agent Peter Close were paid to Crick whilst he was Minister for Lands. The Legislative Assembly proposed to immediately deal with Crick, however the Speaker ruled that the Assembly could not deal with the matter as it might prejudice his criminal trial. Instead the assembly amended its standing orders and suspended Crick pending the outcome of his criminal trial. [3] The jury was unable to reach a unanimous verdict, [4] and the Attorney General declined to prosecute the matter again as evidence before the Royal Commission had been ruled inadmissible in his criminal trial. [3] Crick then submitted his resignation from parliament, however before it was accepted the assembly passed a motion that he was guilty of conduct that rendered him ineligible to sit as a member. [1] Rutledge and Nairn stated this was due to old scores being paid off, [1] while Anne Twomey stated that this motion was passed to influence future voters not to vote for Crick. [3] In any event Crick did not nominate for the by-election.

Dates

DateEvent
14 Jun 1904Paddy Crick ceased to be Minister for Lands
1 May 1905Justice William Owen appointed Royal Commissioner to inquire into the administration of the Lands Department. [2]
23 May 1906Interim report of the Royal Commission submitted to the Governor. [2]
24 July 1906Paddy Crick was suspended from the Legislative Assembly until the verdict of the jury in his criminal trial.
13 November 1906Trial of Paddy Crick and William Willis commenced before Justice Robert Pring and a jury. [5]
28 November 1906Jury unable to reach a verdict in the trial of Crick and Willis. [4]
6 December 1906Paddy Crick submitted his resignation. [1]
11 December 1906Legislative Assembly passed a motion that Paddy Crick was guilty of conduct that rendered him ineligible to sit as a member of the Assembly. [1]
14 December 1906 Writ of election issued by the Speaker of the Legislative Assembly. [6]
29 December 1906Nominations
12 January 1907Polling day
29 January 1907Return of writ

Results

1907 Blayney by-election
Saturday 12 January  [7]
PartyCandidateVotes%±%
Liberal Reform John Withington 1,73350.3
Labor George Beeby 1,71049.7
Total formal votes3,443100.0+0.7
Informal votes00.0-0.7
Turnout 3,44350.6-15.5
Liberal Reform gain from Progressive  

Aftermath

Paddy Crick was struck off the roll of solicitors on 23 August 1907 because of the evidence before the Royal Commission. [8] He challenged the validity of his suspension in the Supreme Court and was successful before the Full Court, [9] however this was overturned on appeal to the Privy Council which held that the Legislative Assembly was the sole judge whether an "occasion" had arisen that affected the orderly conduct of the Assembly. [10]

Crick stood for parliament again at the September 1907 election for Surry Hills but was unsuccessful. He died the following year. [1]

See also


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References

  1. 1 2 3 4 5 6 7 Rutledge, Martha; Nairn, Bede. "Crick, William Patrick (1862–1908)". Australian Dictionary of Biography . Melbourne University Press. ISSN   1833-7538 . Retrieved 15 August 2020– via National Centre of Biography, Australian National University.
  2. 1 2 3 "AGY-4959 Royal Commission on Administration of Lands Department". NSW State Archives & Records. Retrieved 3 April 2021.
  3. 1 2 3 Twomey, Anne (2004). The Constitution of New South Wales. Federation Press. pp.  458. ISBN   9781862875166 . Retrieved 3 April 2021.
  4. 1 2 "Lands commission cases". The Sydney Morning Herald . 29 November 1906. p. 4. Retrieved 3 April 2021– via Trove.
  5. ↑ "Lands commission cases". The Sydney Morning Herald . 14 November 1906. p. 6. Retrieved 3 April 2021– via Trove.
  6. ↑ "Writ of election: Blayney". Government Gazette of the State of New South Wales (275). 14 December 1906. p. 6807. Retrieved 3 April 2021– via Trove.
  7. ↑ Green, Antony. "1907 Blayney by-election". New South Wales Election Results 1856-2007. Parliament of New South Wales . Retrieved 3 April 2021.
  8. ↑ Re Crick [1907] NSWStRp 78 , (1907) 7 SR (NSW) 576(23 August 1907), Supreme Court (Full Court).
  9. ↑ Crick v Harnett [1907] NSWStRp 24 , (1907) 7 SR (NSW) 126(15 March 1907), Supreme Court (Full Court).
  10. ↑ Harnett v Crick [1908] UKPC 48 , [1908] AC 470(28 July 1908), Privy Council.
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