1917 Gloucester state by-election

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A by-election was held for the New South Wales Legislative Assembly electorate of Gloucester on 10 November 1917 because Richard Price (Independent) was expelled from Parliament for abusing parliamentary privilege by making baseless allegations against William Ashford, the Secretary for Lands. [1]

Contents

Background

Price made an allegation in Parliament in December 1916 that Ashford acted corruptly in relation to £80,000 spent on a deviation of the railway line between Dubbo and Werris Creek. [2] The following year Price made further allegations against Ashford, including that saw mills were being bought at excess values, salaries were being paid that were not authorised by Parliament and that the government had sold land at £4 per acre and then later resumed it for returned soldiers at a price of £8 5s, an excess cost of £36,000. [3] John Storey (Labor), the Leader of the Opposition, stated that he did not take much notice of statements made by Price, but that if the Minister did not take action against Price "the public will have a right to assume that something wrong is going on". [3]

The response of the government was to appoint Montgomerie Hamilton, a Judge of the District Court, [4] to conduct a Royal Commission into Price's allegations. [5] [lower-alpha 1] The Royal Commission concluded that "the charges made by Mr Price against Mr Ashford were made wantonly and recklessly, and without any foundation whatsoever". [7]

The report of the Royal Commission was read in the Legislative Assembly and the contents published in Hansard, which then held, by a vote of 46 to 11, that Price was "guilty of conduct unworthy of a member of Parliament and seriously reflecting upon the honor and dignity of this House". The house then resolved, by a vote of 35 to 20, that Price be expelled from the Legislative Assembly. [7]

Being expelled from Parliament however was not a barrier to re-election and Price re-contested the seat. The Labor Party did not nominate a candidate and the Taree Branch of the Labor Party supported Price to embarrass the government. [8]

Dates

DateEvent
13 December 1916Richard Price made allegations about deviations on the Dubbo to Werris Creek railway line. [2]
5 September 1917Richard price makes further allegations concerning the purchase of saw mills, payment of salaries and purchase of land for soldiers. [3]
20 September 1917Judge Montgomerie Hamilton was appointed Royal Commissioner. [5]
12 October 1917Judge Montgomerie Hamilton published the report of the Royal Commission. [7]
17 October 1917Richard Price was expelled from Parliament. [7]
19 October 1917 Writ of election issued by the Speaker of the Legislative Assembly. [9]
27 October 1917Nominations
10 November 1917Polling day
24 November 1917Return of writ

Result

1917 Gloucester by-election
Saturday 10 November [8]
PartyCandidateVotes%±%
Independent Richard Price (re-elected)3,74059.6+3.6
Nationalist Lewis Martin 2,99940.4-3.6
Total formal votes6,275100.0+0.3
Informal votes00.0−0.3
Turnout 6,27562.7 [lower-alpha 2] −5.6
Independent hold Swing +3.6

See also

Notes

  1. It has subsequently been questioned whether the Royal Commission was "a place out of Parliament" and potentially inconsistent with Article 9 of the Bill of Rights 1689 which provides "That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament". [6]
  2. Estimate based on a roll of 10,015 at the 1917 election. [10]

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References

  1. "Mr Richard Atkinson Price (1864–1936)". Former members of the Parliament of New South Wales . Retrieved 10 May 2019.
  2. 1 2 Price, Richard (13 December 1916). "Loan estimates" (pdf). Parliamentary Debates (Hansard) . New South Wales: Legislative Assembly. pp. 3629–3631. Retrieved 14 September 2020.
  3. 1 2 3 Price, Richard (5 September 1917). "Supply: Secretary for Lands" (pdf). Parliamentary Debates (Hansard) . New South Wales: Legislative Assembly. pp. 7047–7050. Retrieved 14 September 2020.
  4. Holt, H T E (1983). "Hamilton, Hugh Montgomerie (1854–1930)". Australian Dictionary of Biography . Canberra: National Centre of Biography, Australian National University. ISBN   978-0-522-84459-7. ISSN   1833-7538. OCLC   70677943 . Retrieved 14 September 2020.
  5. 1 2 "Appointment of Royal Commission". Government Gazette of the State of New South Wales . No. 166. 21 September 1917. p. 5248. Retrieved 14 September 2020 via Trove.
  6. Griffith, Gareth (April 2007). "Parliamentary Privilege: Major Developments and Current Issues" (PDF). Background Paper No 1/07. p. 82. ISBN   0731318021. ISSN   1325-4456 . Retrieved 14 September 2020.
  7. 1 2 3 4 "Privilege: charges made by Mr R A Price" (pdf). Parliamentary Debates (Hansard) . New South Wales: Legislative Assembly. 17 October 1917. pp. 1732–1786. Retrieved 14 September 2020.
  8. 1 2 Green, Antony. "1917 Gloucester by-election". New South Wales Election Results 1856-2007. Parliament of New South Wales . Retrieved 14 September 2020.
  9. "Writ of election: Gloucester". Government Gazette of the State of New South Wales . No. 188. 19 October 1917. p. 5763. Retrieved 14 September 2020 via Trove.
  10. Green, Antony. "1917 Gloucester". New South Wales Election Results 1856-2007. Parliament of New South Wales . Retrieved 14 September 2020.