CHAPTER X
THE HOUSE OF COMMONS
Electoral Procedure
All elections to Parliament, whether general elections following a dissolution, or the so-called by-elections resulting from an accidental vacancy, take place in pursuance of a writ under the Great Seal, issued from the Crown Office, and directed to the returning officer of the constituency. In all counties, and in Scotch and Irish boroughs, the returning officer is the sheriff or his deputy. In English boroughs he is the mayor.
Procedure at Elections.
Before the Ballot Act.
Until 1872 candidates for Parliament were nominated viva voce at the hustings,—a temporary platform erected for the purpose. If more names were proposed than there were seats to be filled, the election was said to be contested, and a show of hands was called for. Many of the persons present were probably not entitled to vote, but that was of no importance, because the show of hands was merely formal, and a poll was always demanded. A time for taking it was then fixed, extending over a number of days, during which the electors declared their votes publicly. This gave a chance for bribery, for the intimidation of voters, and for disturbances of various kinds, not seldom deliberately planned. The disorderly scenes that accompanied an election have often been described both in histories, and in novels such as "The Pickwick Papers" and "Coningsby," written by men familiar with the old polling days. In 1872 the method of conducting elections was changed by the Ballot Act,[219:1] which introduced secret voting, and made the procedure more orderly in many other respects.
Existing Procedure.
Nomination.
Nominations are now made in writing by proposer, seconder, and eight others, all registered voters. If only one person is nominated for a seat, the candidate, or candidates if it be a two-member constituency, are at once declared elected; nor is this a hypothetical case, because, for reasons that will be described hereafter, usually more than one fourth, and sometimes more than one third, of the seats are not contested at a general election.
Election Days.
If, on the other hand, the election is contested, a day is fixed for the poll; for voting is now confined to a single day in each constituency. It is not the same day in all of them, on account of the latitude still given to the returning officer. He has a right, within certain limits which are different for counties and boroughs, to determine how many days shall elapse between his receipt of the writ and the election (that is, the nomination) and how many between the election and the poll.[220:1] The result is that in boroughs the voting may take place anywhere from four to eight days after the receipt of the writ; and in counties anywhere from six to seventeen days. Now, as the writs are sent out by mail at the same time, the voting at the general election covers a period of more than two weeks.
It might be supposed that such a power to arrange the order of elections would be used by the returning officer to help his own party, and this is said to be done, not systematically over the country, but in particular places. The multiplicity of election days has another and more important political effect; for it gives time to the out-voters, as the non-residents are called, to get from one constituency to another, and thus it facilitates voting in more than one place. For this reason the Liberal party—which is opposed to plural voting—has demanded in its platform that all elections should take place on the same day. To this it has been objected that the change would, by lengthening the electoral period in the boroughs, increase the fatigue and cost to borough candidates; and in view of the rate at which labour and money are expended on such occasions the objection is not altogether without foundation.
Method of Voting.
For the convenience of voting the constituency is divided into a number of polling districts; and when an election is contested, the vote is taken in these districts between eight in the morning and eight in the evening of the appointed day. The method of voting under the Australian system of secret ballot, which was adopted in 1872, need not be described, because in some form its use has become well-nigh universal in civilised countries.[221:1] It may be noted, however, that the Ballot Act has never been extended to the universities, where voting is still done orally, or by means of a voting paper tendered at the polls by another elector to whom it has been intrusted.[221:2] In fact most of the university votes are given by proxy—a practice which was introduced in 1861,[221:3] and would be abolished by the ballot.
Legislation against Corruption.
Before the Reform Act of 1832, huge sums of money were sometimes expended at parliamentary elections, and bribery and corruption were rife. Nor did the disfranchisement of rotten boroughs, and the extension of the franchise, by any means put an entire stop to the practice. Even as late as 1880 the special commissions appointed to inquire into the conduct of a number of boroughs, for which election petitions had been filed, found a bad state of affairs.[221:4] In Macclesfield and Sandwich about half the voters had been guilty of bribery and other corrupt practices;[222:1] and as a result of the investigation those two boroughs, which were decidedly the worst, were entirely disfranchised. A series of attempts have been made to root out the evil by legislation. They have been more and more elaborate, and reached their culmination in the Corrupt and Illegal Practices Act of 1883.[222:2] These laws seek to restrain improper conduct at elections by several methods; first, by forbidding altogether certain classes of acts, which either interfere directly with the purity of elections, or have proved a source of inordinate expense; second, by limiting the total amount that can be spent, and the purposes for which it can be used; third, by requiring that disbursements shall be made through one recognised agent, who is obliged to return to the government a full account thereof; and, fourth, by imposing for violation of these provisions penalties, political and other, inflicted not only by criminal process, but also summarily by the tribunal that tries the validity of a controverted election.
Corrupt Practices.
The most demoralising acts forbidden by law are known as corrupt practices. They are bribery, treating, undue influence, and personation.[222:3]
Bribery.
Bribery at elections is, of course, criminal in all countries; and in England the offence is defined in great detail, for just as there are seven recognised kinds of lies, so the English statutes describe seven distinct methods by which bribery can be committed.[222:4] It is unnecessary for anybody who is not engaged in electoral work to remember these; and it is enough here to point out that they include a promise, or endeavour, to procure any office or employment for a voter in order to influence his vote.
Treating.
Treating differs from bribery in the fact that bribery involves a contract for a vote, express or implied, whereas the person who treats obtains no promise from the voter, and relies only upon his general sense of gratitude. But, as one of the judges remarked in the trial of an election petition some years ago, it is difficult in the large constituencies of the present day to bribe successfully, while a small amount of treating is sufficient to procure a great deal of popularity.[223:1] This is particularly true in England, where the habit of treating is made easy by the existence of sharp class distinctions. Treating was forbidden as long ago as the days of William III., and it is now defined[223:2] as giving, or paying the expense of giving, "any meat, drink, entertainment or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote."
Undue Influence.
Undue influence is defined by the Act of 1883[223:3] as making use, or threatening to make use, of any force, violence, or restraint, or inflicting, or threatening to inflict, any temporal or spiritual injury on any person in order to influence, or on account of, his vote; or by duress or fraud impeding the free exercise of the franchise by any man. These provisions cover threats by an employer to discharge workmen,[223:4] and the denunciation by priests of spiritual penalties on political opponents.[223:5]
Personation it is unnecessary to describe.
Corrupt Practices avoid the Election.
All these corrupt practices are criminal offences punishable by fine or imprisonment, and by the loss of political rights for seven years.[223:6] What is more important for our purpose, they are liable to cost the member his seat; for if upon the trial of a controverted election the court reports that any corrupt practice has been committed by the candidate, or that bribery or personation has been committed with his knowledge and consent, his election is void, and he is forever incapable of being elected to Parliament by that constituency.[224:1] Moreover, if the election court reports that a corrupt practice has been committed by his agents, although he may be personally quite innocent, his election is void, and he is incapable of being chosen by that constituency for seven years.[224:2]
But only if done by the Candidate or his Agents.
It will be observed that in order to set aside an election, the corrupt practice must be brought home to the candidate, personally or through his agents. In accordance with the older traditions of English public life, the election is regarded as the affair of the candidates alone. The action of party organisations, or other bodies, is not taken into account,[224:3] and their conduct has no effect upon the result, unless their relations with the candidate have been such as to make them his agents. So long as a political association is urging the general interests of the party, rather than supporting a particular candidate, he is not responsible for their acts. It has been held, for example, that a candidate is not responsible for treating by such an association, although he was present and spoke at the meeting where it was done, if it was got up by them for their own purposes, and not to assist in his election.[224:4] It has been held, also, that a payment by a party organisation of bills for music and beer at public meetings, previous to an election, and even the candidate's subscription to their funds, need not be included in his election expenses, unless the organisation was a sham supported by him.[224:5]
In all such cases it is difficult to prove agency to the satisfaction of an election court. The time must come in any election, however, when the local party association by active assistance to the candidate becomes his agent.[225:1] But this is not true of other bodies less directly connected with the party organisation, which are, nevertheless, in the habit of doing a great deal of work at elections. Thus it has been held that a Licensed Victuallers Association, having a distinct and direct interest in the election, did not become the agent of the candidate, although it played an important part in the campaign.[225:2] That this leaves a door wide open for corrupt influence is self-evident.
General Corruption.
To the general principle that a corrupt practice must be brought home to the candidate there is one exception. If bribery, treating, personation, intimidation, or undue influence, whether physical or ecclesiastical, has been general in the constituency—that is, so extensive that the voting could not have been the free expression of the will of the electorate—the result of the election is invalid at common law, although neither the candidate nor his agent are directly implicated.[225:3]
Distinction between Corrupt and Illegal Practices.
Besides corrupt practices, certain other acts are forbidden under the name of illegal practices; but the provisions relating to them are mainly designed to restrain the expense of elections, and will be described under that head. The essential distinction between the two practices is much like that which lawyers were formerly in the habit of drawing in the case of crimes between malum prohibitum and malum in se. A corrupt practice involves moral turpitude, and it is necessary to prove a corrupt intent.[225:4] A gift to a voter, for example, is not bribery unless it is made for the purpose of influencing his vote; but an illegal practice is simply an act forbidden by statute, and as such—in the case, for instance, of a payment of expenses above the maximum fixed by law—is illegal without regard to the motive with which it is done. For this reason a corrupt practice cannot be excused,[226:1] while the election court may grant relief from the consequences of an illegal practice where it is trivial in itself, and was committed without the connivance of the candidate who took all reasonable means to prevent it; or where, although the direct act of the candidate or his election agent, it arose from inadvertence, accidental miscalculation, or other reasonable cause; or, finally, where a failure to make a return of expenses has been due to illness.
Practices Tending to Lower the Tone of Elections.
Some acts which, without involving great expense, tend to lower the tone of elections, are treated as illegal practices, and forbidden by statute. Such are the use for committee rooms[226:2] of premises where liquor is sold, and the furnishing of voters with cockades, ribbons, or other marks of distinction,[226:3] a proceeding which is believed to engender broils.
Restraint of Expenditure.
Other acts apparently harmless are prohibited in order to prevent extravagance. The most curious example of this is the provision forbidding the use of hired carriages to take voters to the polls.[226:4] Such a rule may seem unnecessary; but before the Act of 1883, by which it was enacted, thousands of pounds were said to have been spent in certain cases for the conveyance of electors. The Act does not forbid the use of carriages, but only of hired ones; and the result is that the private carriages and motor cars of wealthy partisans, sometimes blazoned with ancient armorial bearings, are placed at the disposal of the candidate. In fact in estimating the chances of an election one constantly hears that the Conservative has the advantage of a larger number of carriages.
Authorised Expenses.
Employment.
But by far the most systematic effort to restrain extravagance at elections is found in the provisions that prescribe on the one hand the objects of expenditure, and on the other its total amount. A schedule to the Act of 1883 enumerates the objects for which expenses may be legally incurred, and the first part of the schedule deals with the persons who may be employed. These are: one election agent;[227:1] a polling agent to watch the voting at each polling station; and clerks and messengers in proportion to population, the allowance being somewhat more liberal in counties than in boroughs on account of the greater area of the constituency. The act provides that, except as authorised by this schedule, no person shall be employed for pay;[227:2] and that no paid employee shall vote.[227:3] It may be noticed that among the list of persons who can be employed, canvassers are not mentioned, and hence the use of paid canvassers is illegal.[227:4] Now, as canvassing, that is the personal solicitation of votes, is by far the most effective part of the work done at an election, each candidate is always assisted by an army of volunteers. Wherever possible he is also helped by the agents of other constituencies, or of distinct associations, who, not being paid by him, and in fact, receiving no additional pay for their services on this occasion, are not within the prohibition of the law.
Other Expenses.
The other expenditures authorised by the schedule are printing, advertising, stationery, postage, and the like; public meetings; one committee room for every five hundred electors;[227:5] and miscellaneous expenses not exceeding two hundred pounds for matters not otherwise illegal. The candidate is also allowed to incur personal expenses for travelling and hotel bills;[227:6] and, finally, there are the charges of the returning officer for the cost of erecting polling booths, the payment of persons on duty thereat, and the other expenses attending the election.[227:7] These last charges are divided between the candidates and they are by no means small, as may be seen from the fact that at the general election of 1900 they amounted, for the whole United Kingdom, to £150,278 10s. 11d., or nearly one fifth of the whole expense incurred.[228:1] The National Liberal Federation has, indeed, repeatedly urged in its programme that such charges ought to be defrayed by the state, instead of being a burden upon the candidates.
Maximum Expenditure.
In order to reduce the cost of elections, Parliament has not only enumerated the objects for which money may be used, but has also set a maximum limit to the amount that may be spent.[228:2] In the case of boroughs this is fixed at three hundred and fifty pounds if the registered electors do not exceed two thousand, with an additional thirty pounds for every thousand electors above that number. In the counties the scale is somewhat higher, six hundred and fifty pounds being allowed where the registered electors do not exceed two thousand, with sixty pounds for each thousand electors more.[228:3] These sums do not, however, represent the total cost, for they include neither the personal expenses of the candidate to an amount of one hundred pounds, nor the charges of the returning officers.
Penalties for Illegal Payments.
The rules in regard to election expenses are furnished with sanctions of the same nature as those attached to corrupt practices, although the penalties are less severe. In addition to the criminal punishments that may be inflicted, it is provided that a candidate, or his election agent, who violates those rules shall be guilty of an illegal practice;[228:4] and that if a candidate is guilty, personally or by his agents, of an illegal practice (from the consequences of which he has not been relieved as heretofore described) he shall lose his seat, and cannot be elected by the same constituency during the life of that Parliament.[228:5]
The Election Agent.
It is one thing to make elaborate regulations about election expenses, and it is quite a different thing to insure their observance. The device adopted for this purpose in England is that of requiring each candidate to appoint an election agent, who is responsible for the disbursements. Except for the personal expenses of the candidate, to an amount not exceeding one hundred pounds, no payment of election expenses can be made by the candidate, or by any person on his behalf, except through the election agent,[229:1] and no contract for any such expenses is valid unless made by him.[229:2] Within thirty-five days after the election the agent must give to the returning officer an account of all his payments, and of all sums that he has received from the candidate or any one else, for the purposes of the campaign; and the candidate must certify that the account is true to the best of his knowledge and belief.[229:3]
The class of person selected for this duty is not only a matter of great importance to the candidate, but upon it depends also in large measure the purity of elections. A candidate may act as his own election agent, but this is rarely done. Usually, though by no means invariably, he takes the paid secretary of the local political association, who has the advantage of knowing the constituency better than any one else; and the Practical Manual for Parliamentary Elections, issued by the Conservative party, advises that course.[229:4] Rogers, on the other hand, in his work on Elections,[229:5] warns candidates that it is unwise to select such persons, because "when this is done attempts are frequently made to saddle the candidate with responsibility for the acts of the association and its members." "A further danger," he remarks, "arises in such cases of the election expenses being confused with or concealed under registration or other expenses of the association." With the modern organisation of parties a confusion of that kind is liable to occur in any event; and perhaps it is not so much dreaded by candidates as the author of the text-book on elections might imply. In spite of any dangers that may lurk in the practice, it is not only common, but apparently growing; and in fact the occupation of a paid secretary and agent has developed into a profession whose characteristics will be discussed in the chapters on party organisations.
The Election Court.
Formerly the validity of elections was decided by the House of Commons itself, with the natural consequence that politics were a large factor in the result. To such an extent was this true that the fall of Sir Robert Walpole was brought about by a hostile vote on an election case. In 1770 the matter was placed by statute in the hands of select committees of the House; but that did not put an end to political bias, and finally in 1868, the trial of election petitions, whether filed on the ground of a miscount, or of corrupt or illegal practices, was committed to a judicial body. The tribunal now consists of two judges of the King's Bench Division of the High Court of Justice, selected by the other judges of that division.[230:1]
A defeated candidate, or any voter, may present to the court a petition stating the grounds on which he claims that the election is invalid, and the case is then tried, witnesses are examined, and costs are awarded, according to the usual course of judicial proceedings. The decision takes the form of a report to the Speaker of the House of Commons, but it is really a final judgment upon the questions involved, for if the court finds that corrupt or illegal practices have taken place, the report has the effect not merely of avoiding the election, but of subjecting the candidate, and any guilty persons, to the political incapacities which those practices entail.[230:2]
Results of the Corrupt Practices Act.
Reduction of Expense.
So far as the reduction of the cost of elections is concerned, the English method of dealing with the subject has certainly been successful. According to the returns laid before Parliament, the total aggregate expenses incurred by candidates throughout the United Kingdom at the general election of 1880—the last that took place before the Corrupt Practices Act of 1883—was £1,736,781; at the next election in 1885 it fell to £1,026,645, and on every subsequent occasion it has been less than that. In 1900 it was £777,429, which is not far from the average in these days. The expense of English elections is, however, far from small to-day. In 1900 the average cost for the United Kingdom in constituencies that were not uncontested was four shillings and four pence, for every vote cast.[231:1]
Returns of Expenses Sometimes Incomplete.
Moreover the returns undoubtedly do not in every case include all that is spent. A recent series of letters to The Times, under the title "The worries of a parliamentary representative," throws light on this subject.[231:2] It opened with a letter from the member for a Welsh borough complaining that about a month after he had signed the return of his election expenses he received a note from his agent in regard to claims by workers at the election; that upon his refusal to pay any such claims in violation of the Corrupt Practices Act the agent wrote asking whether he would or would not fulfil the obligations made on his behalf during the election. His continued refusal, the member declared, had made him unpopular with many of his former supporters, who were now trying to prevent his renomination. In answer to this charge the agent, in a letter to The Times, explained that all he had meant was that the member "should find some way—legal, of course—of expressing his gratitude to men who had worked splendidly in his cause;" and he added that this way had eventually been found, its name being "undoubted distress." In his reply in The Times the member denied that his relief of distress in the constituency had any relation to the election, or was a mode of expressing gratitude to men who had worked for him. It would be rash to assert that indirect means of rewarding party workers are not often found; and in fact another election agent stated in a letter to The Times[231:3] in the course of the foregoing controversy, that promises of such a nature, made in behalf of the candidate, were unfortunately too common.
Ease of Evasion.
Difficult to Prove Agency;
Apart from occasional acts involving direct violations of the Corrupt Practices Act by the candidate himself, the statute has holes through which others can pass so readily that an election agent has been known to speak of the return of expenses as largely a farce. In fact the elaborate provisions of the law can easily be evaded if the candidate and his agent have a mind to do so. If they only keep their eyes shut tight enough, and are sufficiently ignorant of what goes on, it is very difficult to connect them with corrupt or illegal practices in such a way as to avoid the election.[232:1] An agent from another constituency may pay the railway fares of out-voters. The Primrose League, or some other body, may give picnics, teas and what not, which would be corrupt treating if done by the candidate, but for which he is not held responsible. The brewers may furnish free beer in public houses where voters are collected before going to the polls, and yet the candidate has done nothing to forfeit his seat. Nor is this an imaginary danger; for, with the introduction of what is known as the tied-house system, the publicans have come under the control of the great brewing establishments, which have to-day a huge stake in the results of parliamentary elections. Agency, in short, is a very difficult thing to establish in such cases. As Rogers, who devotes a whole chapter to the subject, remarks: "It is to conceal agency, and so to relieve the candidate from the consequences of corruption practised on his behalf, that efforts of unscrupulous men engaged in the conduct of an election have been generally directed, and it is not too much to say that an election inquiry has been more frequently baffled from a failure in the proof of agency than from all other causes put together."[232:2]
Or Know When Election Period Begins.
Then there is the uncertainty when the election period begins, and hence what payments must be included in the return of election expenses. The Act of 1883 defines a candidate, unless the context otherwise requires, as one who is nominated or declared to be such on or after the issue of the writ or the dissolution or vacancy in consequence of which it is issued.[233:1] But clearly this does not mean that a corrupt act committed earlier will not avoid the election. On the contrary it is settled by repeated decisions that a man may become a candidate, and his election expenses may begin, before that date;[233:2] although it is impossible to lay down any hard and fast limit of time.[233:3] A great deal must depend on the nature of the expense itself. Registration, for example, is something entirely distinct from the election, and the cost of registration, whenever incurred, need not be included in the return of expenses.[233:4] On the other hand proof of the actual purchase of a vote at any time would certainly cost the candidate his seat.[233:5] Between these two extremes there are a great many acts whose character is affected by the proximity of an election. A subscription to a local political organisation, made when the dissolution was impending, has been held to be a part of the election expenses,[233:6] when it would not be so under other circumstances;[233:7] and in the same way the question whether a gift of money or food to relieve distress in the constituency is or is not made with a corrupt purpose of influencing votes may depend upon the expectation of an election in the near future.[233:8]
Nursing Constituencies.
As general elections in England come at irregular intervals, and at short notice, it is common to select candidates without regard to the prospect of a dissolution, sometimes years before it occurs; and in fact the sitting member, having a presumptive right to stand again, is regarded in the light of a permanent candidate. Under these conditions it is the habit in most places for a candidate, who can afford it, to ingratiate himself with his constituents by subscribing liberally to public and charitable objects; and since a payment to be corrupt must be made for the purpose of influencing particular voters[234:1] subscriptions of this kind are not deemed corrupt; nor, unless given near the time of an election, are they election expenses or illegal payments.[234:2] The practice is called nursing a constituency, and it takes a great variety of forms, from a subscription for a cricket club to the founding of a hospital. The sums expended vary very much with the nature of the place and the wealth of the candidate, and no one knows how large they are in the aggregate, because men do not state publicly what they give in this way; but as far as one can form an opinion, it would appear that such gifts by a member of Parliament commonly amount to a number of hundred pounds a year. It is obvious that the custom of nursing, combined with the uncertainty about the time when the election period begins, opens a door to abuse.
Difficulty in Getting Evidence.
Another difficulty in a strict enforcement of the election laws is connected with the proof of the offence. A witness cannot, indeed, refuse to give evidence on the ground that it will incriminate him, for the law provides that he must testify; and if he tells the truth he is entitled to a certificate of indemnity, which protects him against prosecution.[234:3] But the facts that tend to establish bribery, for example, are directly known, as a rule, only to persons who have the strongest motives for concealing them; and the same thing is true to a greater or less extent of other breaches of the election law. It is clear, therefore, that if the offence must be proved by legally competent evidence beyond reasonable doubt, as in criminal cases, an election procured by improper means may well stand, just as many criminals escape punishment; and this brings us to another question, that of the efficiency of the election courts.
Merits of the Election Courts.
The system of sending petitions for trial to a couple of judges selected by the bench itself has provided a court as free as any human tribunal can be from the party bias that always affects the decisions of such questions by a legislative body.
Their Defects.
Expense of Petitions.
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.
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]
Attitude of the Judges.
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.
How Much Corruption Still Exists.
If the present system of trying election petitions is not a complete success, it is nevertheless certain that the old electoral abuses have been very much reduced. There is a current impression both in England and elsewhere that the bribery of voters in Great Britain has been entirely rooted out. But any one familiar with English elections knows that this is by no means altogether true.[237:4] That the cases where gross corruption occurs are not made public by means of election petitions is due, partly to the reluctance to bring such petitions which has already been pointed out, and partly to the fact that where bribery is extensive both sides are usually guilty. Bribery in England is disappearing. In by far the greater part of the constituencies it does not exist, and the elections are, on the whole, pure; but in a few places the old traditions still persist. These are mostly boroughs in the South of England containing a considerable number of ancient freemen, among whom corruption is sometimes widespread. The writer has heard the number of such places estimated by persons in a position to know the facts at a score or two dozen. The names of several of them are well known to every one who takes an active part in electoral work; but even in these boroughs the increase in the number of voters has lowered the price paid for votes, and in some of them the practice is slowly dying out. It is only fair to add that it does not receive any countenance or encouragement from the central authorities of the great political organisations.
FOOTNOTES:
[219:1] 35-36 Vic., c. 33.
[220:1] He must, within a day after receiving the writ in boroughs and two days in counties, give notice of the day of election. This must be not less than three days in boroughs, or four in counties, after the notice is given; and must be in boroughs within four days of the receipt of the writ, and counties within nine days. If, on the day fixed for nomination, the election is contested, he must appoint for the polling a date falling within the next three days in boroughs, and not less than two nor more than six days distant in counties.
[221:1] "In one only of the three kingdoms the ballot helped to make a truly vital difference; it dislodged the political power of the Irish landlord. In England its influence made for purity, freedom, and decency, but it developed no new sources of liberal strength." Morley, "Gladstone," II., 370. But the ballot is also said to have slowly strengthened the Liberal party in English rural districts by shielding the agricultural labourer.
[221:2] 35-36 Vic., c. 33, §§ 27, 31. Rogers, II., 118.
[221:3] 24-25 Vic., c. 53.
[221:4] Com. Papers, 1881, XXXVIII.-XLV.
[222:1] Com. Papers, 1881, XLIII., XLV., and schedules to these reports.
[222:2] 46-47 Vic., c. 51.
[222:3] Ibid., § 3.
[222:4] 17-18 Vic., c. 102, §§ 2, 3.
[223:1] Hexham Div., 4 O'M. & H., 143, at 147. After the general election of 1906 a member was unseated on this ground. Bodmin Div., 5 O'M. & H., 225.
[223:2] 46-47 Vic., c. 51, § 1.
[223:3] Ibid., § 2.
[223:4] Rogers, II., 316-19.
[223:5] So. Meath & No. Meath, 4 O'M. & H., 130, 185.
[223:6] 46-47 Vic., c. 51, § 6.
[224:1] 46-47 Vic., c. 51, § 4.
[224:2] Ibid., § 5.
[224:3] In the return of election expenses the candidate and his agent must declare that to the best of their knowledge or belief no person, club, society, or association has made any payment in respect to the conduct of the election. Ibid., Sched. 2. But this merely requires them to take care to be ignorant of any such payment.
[224:4] Cockermouth Div., 5 O'M. & H., 155. St. George's Div., 5 O'M. & H., 89, at 97-98. In the first of these cases the treating was done by a Liberal Unionist Association; in the second by an Irish Unionist Alliance.
[224:5] Lancaster Div., 5 O'M. & H., 39, at 42-43.
[225:1] Walsall, 4 O'M. & H., 123, per Pollock B, at 124.
[225:2] Ibid.
[225:3] Rogers, II., 293, 308, 325-329, 335.
[225:4] A false statement in the return of election expenses, if made knowingly, is a corrupt and not illegal practice. 46-47 Vic., c. 51, § 33 (7).
[226:1] Here, again, there is an exception; for relief may be given in the case of treating or undue influence committed by an agent, other than the election agent, if trivial in itself, and if the candidate and his election agent did not connive at it, but took all reasonable means to prevent corrupt and illegal practices. 46-47 Vic., c. 51, § 22.
[226:2] Ibid., § 20
[226:3] 17-18 Vic., c. 102, § 7.
[226:4] 46-47 Vic., c. 51, §§ 7, 14.
[227:1] And in counties a sub-agent for each polling station.
[227:2] 46-47 Vic., c. 51, § 17.
[227:3] Ibid., § 36 and Sched. I., Part 1 (7).
[227:4] Rogers, II., 156, 160, 350.
[227:5] In counties one central committee room, and in each polling district one committee room for every five hundred voters.
[227:6] 46-47 Vic., c. 51, § 31.
[227:7] 38-39 Vic., c. 84; 48-49 Vic., c. 62.
[228:1] Com. Papers, 1901, LIX., 145, p. 84.
[228:2] 46-47 Vic., c. 51, Sched. I., Part IV.
[228:3] In Ireland the limit both for boroughs and counties is somewhat lower.
[228:4] 46-47 Vic., c. 51, § 21.
[228:5] If the offence was committed with his knowledge and consent, the incapacity continues seven years. Ibid., § 5.
[229:1] Ibid., §§ 28, 31.
[229:2] Ibid., § 27.
[229:3] Ibid., § 33 and Sched. II.
[229:4] 2 Ed. (1892), 14.
[229:5] II., 152-153.
[230:1] 31-32 Vic., c. 125; 42-43 Vic., c. 75; 44-45 Vic., c. 68, § 13.
[230:2] 46-47 Vic., c. 51, §§ 4, 5, 11.
[231:1] Com. Papers, 1901, LIX., 145, p. 85.
[231:2] July 22, 26, 29, 1904.
[231:3] July 25, 1904.
[232:1] See the cases already cited in the discussion of agency.
[232:2] Rogers, II., 360. In a case at the general election of 1906, where bribery was proved, the election was upheld because the judges disagreed on the question of agency. Great Yarmouth, 5 O'M. & H., 176.
[233:1] 46-47 Vic., c. 51, § 63.
[233:2] Rogers, II., 157-58.
[233:3] Counties of Elgin and Nairn, 5 O'M. & H., 1.
[233:4] Rogers, II., 162.
[233:5] Ibid., 259, 268.
[233:6] Lichfield Div., 5 O'M. & H., 27, at 34-38.
[233:7] Counties of Elgin & Nairn, 5 O'M. & H., 1.
[233:8] Cf. Lichfield Div., 5 O'M. & H., 27; Haggerston Div., Ibid., 68, at 72-88, St. George's Div., Ibid., 89. So of treating, Great Yarmouth, Ibid., 176, at 198.
[234:1] Hastings, 1 O'M. & H., 217, at 218.
[234:2] Subscriptions bona fide made for public or charitable purposes are not election expenses, Rogers, II., 161-62. But it is not easy to say what is bona fides; for gifts of this kind by a candidate for Parliament who has no other connection with the constituency must always be made, in part at least, for the sake of indirectly gaining votes by increasing his popularity.
[234:3] 46-47 Vic., c. 51, § 59.
[235:1] Com. Papers, 1898, IX., 555.
[236:1] Walsall, 4 O'M. & H., 123, at 126.
[236:2] Pontefract, 4 O'M. & H., 200.
[236:3] Southampton, 5 O'M. & H., 17.
[236:4] Lichfield Div., 5 O'M. & H., 27, at 29-30.
[237:1] Haggerston Div., 5 O'M. & H., 68, at 84.
[237:2] St. George's Div., 5 O'M. & H., 89, at 96.
[237:3] 46-47 Vic., c. 51, §§ 4, 11.
[237:4] After the general election of 1906 one member was unseated for bribery by his agents. Worcester, 5 O'M. & H., 212.
