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1884 East Sydney colonial by-election
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By-election in New South Wales, Australia
April 2021
April 2021
A by-election was held for the New South Wales Legislative Assembly electorate of East Sydney on 29 February 1884 as a result of the Legislative Assembly declaring the seats of Francis Suttor,Privilege: representation of the electorate of Bathurst https://api.parliament.nsw.gov.au/api/hansard/search/daily/searchablepdf/HANSARD-290296563-9867 NSW Legislative Assembly 1554 1576 31 January 1884 25 September 2019 and George Reid,Vacant seat: Mr Reid https://api.parliament.nsw.gov.au/api/hansard/search/daily/searchablepdf/HANSARD-290296563-9878 NSW Legislative Assembly 1934 20 February 1884 25 September 2019 were vacant as a result of a report of the Committee of Elections and Qualifications that they were incapable of being elected, or of sitting, or voting, as a member of the Assembly.Anne Twomey Anne Twomey (academic) The Constitution of New South Wales 2004 Federation Press 9781862875166 433–4 https://books.google.com/books?id=KayCZfZwafwC&pg=PA433 13 September 2020
At the time the Constitution provided that:
XVIII. Any person holding any Office of Profit under the Crown, or having a Pension from the Crown during Pleasure or for Term of Years, shall be incapable of being elected, or of sitting or voting as a Member of the Legislative Assembly, unless he be One of the following official Members of the Government, that is to say, the Colonial Secretary, Colonial Treasurer, Auditor General, Attorney General, and Solicitor General, or One of such additional Officers, not being more than Five, as the Governor, with the advice of the Executive Council, may from Time to Time, by a notice in the Government Gazette, declare capable of being elected a Member of the said Assembly.https://nla.gov.au/nla.news-article230682673 New South Wales Constitution Act 1855 (UK) New South Wales Government Gazette 164 24 November 1855 25 September 2019 3110 Trove
Adolphus Taylor argued that the Governor had already issued five proclamations prior to the appointment of Suttor and thus the appointments of Suttor and Reid to the office of Minister of Public Instruction meant they were disqualified. The Elections and Qualifications Committee agreed, declaring that both Suttor and Reid held an office of profit under the crown and they were both disqualified from holding office.Report of Committee of elections and qualifications https://api.parliament.nsw.gov.au/api/hansard/search/daily/searchablepdf/HANSARD-290296563-9858 NSW Legislative Assembly 1280 16 January 1884 25 September 2019
The Protection and Political Reform League had intended to nominate Richard Luscombe, however he was withheld to avoid splitting the protectionist vote.https://nla.gov.au/nla.news-article239278917 Protection and Political Reform League The Daily Telegraph 15 March 1884 23 May 2021 5 Tvove
Result
[[1884 East Sydney colonial by-election|1884 East Sydney by-election]]Friday 29 February1884 East Sydney by-election 1882 EastSydney_3 25 September 2019
Sydney Burdekin (elected)
2,138
50.5
George Reid (defeated)
2,098
49.5
4,236
98.7
54
1.3
4,290
48.1
The Committee of Elections and Qualifications held that an error in the drafting of the constitution meant that George Reid could not be validly appointed Minister of Public Instruction and declared his seat vacant.
Aftermath
While Reid was defeated, Suttor was unopposed in the Bathurst by-election.1884 Bathurst by-election 1882 Bathurst_1 25 September 2019 The errors were remedied by the Constitution Act Amendment Act 1884.https://nla.gov.au/nla.news-article222088528 Constitution Act Amendment Act 1884 New South Wales Government Gazette 91 25 February 1884 25 September 2019 1385 Trove
Reid did not regain a seat in Parliament until the October 1885 election.1885 East Sydney 6 September 2020
References
expanded
Category:1884 elections in Australia
Category:New South Wales state by-elections
Category:1880s in New South Wales