1907 Blayney state by-election

{{Infobox election

| election_name = 1907 Blayney state by-election

| type = parliamentary

| country = New South Wales

| seats_for_election = Electoral district of Blayney in the Legislative Assembly of New South Wales

| ongoing = no

| previous_election = 1904 New South Wales state election

| previous_year = 1904

| next_election = 1907 New South Wales state election

| next_year = Nov. 1907

| election_date = 12 January 1907

| candidate1 = John Withington

| image1 =

LRP

| party1 = Liberal Reform Party (Australia)

| popular_vote1 = 1,733

| percentage1 = 50.33%

| candidate2 = George Beeby

| image2 = x160px

| party2 = Australian Labor Party (New South Wales Branch)

| popular_vote2 = 1,710

| percentage2 = 49.67%

| map_image =

| map_size =

| map_caption =

| title = MLA

| before_election = Paddy Crick

| before_party = Progressive Party (1901)

| after_election = John Withington

| after_party = Liberal Reform Party (Australia)

| turnout = 50.6% ({{decrease}} 15.5%)

}}{{short description|Election result for Blayney, New South Wales, Australia}}

{{Use Australian English|date=April 2021}}

{{Use dmy dates|date=April 2021}}

A by-election was held for the New South Wales Legislative Assembly electorate of Blayney on 12 January 1907 because Paddy Crick ({{Australian politics/name|Progressive}}) resigned from Parliament after findings of corruption made by a Royal Commission.{{Australian Dictionary of Biography |first2=Bede |last2=Nairn |first=Martha |last=Rutledge |name-list-style=amp |title=Crick, William Patrick (1862–1908) |id2=crick-william-patrick-paddy-5821 |access-date=15 August 2020}} Crick had also been expelled from the Legislative Assembly for outrageous behaviour in the chamber, however he was returned in the resulting by-election.

The Royal Commission handed down an interim report in May 1906, 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.{{cite book |first1=Anne |last1=Twomey |author-link=Anne Twomey (academic) |title=The Constitution of New South Wales |year=2004 |publisher=Federation Press |isbn=9781862875166 |pages=[https://books.google.com/books?id=KayCZfZwafwC&pg=PA458 458] |url=https://books.google.com/books?id=KayCZfZwafwC&pg=PA458 |access-date=2021-04-03}} The jury was unable to reach a unanimous verdict, and the Attorney General declined to prosecute the matter again as evidence before the Royal Commission had been ruled inadmissible in his criminal trial. 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. Rutledge and Nairn stated this was due to old scores being paid off, while Anne Twomey stated that this motion was passed to influence future voters not to vote for Crick. In any event Crick did not nominate for the by-election.

Dates

class="wikitable"

! Date !! Event

14 Jun 1904

| Paddy Crick ceased to be Minister for Lands

1 May 1905

| Justice William Owen appointed Royal Commissioner to inquire into the administration of the Lands Department.{{cite web |title=AGY-4959 Royal Commission on Administration of Lands Department |url=https://search.records.nsw.gov.au/permalink/f/1ebnd1l/ORGANISATIONS1004421 |publisher=NSW State Archives & Records |access-date=3 April 2021}}

23 May 1906

| Interim report of the Royal Commission submitted to the Governor.

24 July 1906

| Paddy Crick was suspended from the Legislative Assembly until the verdict of the jury in his criminal trial.

13 November 1906

| Trial of Paddy Crick and William Willis commenced before Justice Robert Pring and a jury.{{cite news |url=https://nla.gov.au/nla.news-article14828453 |title=Lands commission cases |newspaper=The Sydney Morning Herald |date=14 November 1906 |access-date=3 April 2021 |page=6 |via=Trove}}

28 November 1906

| Jury unable to reach a verdict in the trial of Crick and Willis.{{cite news |url=https://nla.gov.au/nla.news-article14825709 |title=Lands commission cases |newspaper=The Sydney Morning Herald |date=29 November 1906 |access-date=3 April 2021 |page=4 |via=Trove}}

6 December 1906

| Paddy Crick submitted his resignation.

11 December 1906

| Legislative Assembly passed a motion that Paddy Crick was guilty of conduct that rendered him ineligible to sit as a member of the Assembly.

14 December 1906

| Writ of election issued by the Speaker of the Legislative Assembly.{{cite news |url=https://nla.gov.au/nla.news-article226478083 |title=Writ of election: Blayney |newspaper=Government Gazette of the State of New South Wales |issue=275 |date=14 December 1906 |access-date=2021-04-03 |page=6807 |via=Trove}}

29 December 1906

| Nominations

12 January 1907

| Polling day

29 January 1907

| Return of writ

Results

{{Election box begin

|title = 1907 Blayney by-election
Saturday 12 January{{hsp}}{{cite NSW election |title=1907 Blayney by-election |year=1904 |district=Blayney_1 |access-date=2021-04-03}}

}}

{{Election box candidate AU party

|party = Liberal reform

|candidate = John Withington

|votes = 1,733

|percentage = 50.3

|change =

}}

{{Election box candidate AU party

|party = Labor NSW

|candidate = George Beeby

|votes = 1,710

|percentage = 49.7

|change =

}}

{{Election box formal

|votes = 3,443

|percentage = 100.0

|change = +0.7

}}

{{Election box informal

|votes = 0

|percentage = 0.0

|change = -0.7

}}

{{Election box turnout

|votes = 3,443

|percentage = 50.6

|change = -15.5

}}

{{Election box gain AU party

|winner = Liberal reform

|loser = Progressive

|swing = No

}}

{{Election box end}}

Paddy Crick ({{Australian politics/name|Progressive}}) was expelled from the Parliament for corruption.

Aftermath

Paddy Crick was struck off the roll of solicitors on 23 August 1907 because of the evidence before the Royal Commission.{{cite AustLII|NSWStRp|78|1907|litigants=Re Crick |parallelcite=(1907) 7 SR (NSW) 576 |date=23 August 1907 |courtname=Supreme Court (Full Court)}}. He challenged the validity of his suspension in the Supreme Court and was successful before the Full Court,{{cite AustLII|NSWStRp|24|1907|litigants=Crick v Harnett |parallelcite=(1907) 7 SR (NSW) 126 |date=15 March 1907 |courtname=Supreme Court (Full Court)}}. 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.{{cite BAILII |court=UKPC |num=48 |year=1908 |format=1 |litigants=Harnett v Crick |parallelcite=[1908] AC 470 |date=28 July 1908 |courtname=Privy Council}}.

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

See also

References

{{Reflist}}

{{NSW by-elections 20th parl|state=expanded}}

{{Results of New South Wales state elections}}

{{DEFAULTSORT:Blayney 1907}}

1907 elections in Australia

Category:New South Wales state by-elections

Category:1900s in New South Wales