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1876 Hartley colonial by-election
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By-election in New South Wales, Australia
June 2021
June 2021
A by-election was held for the New South Wales Legislative Assembly electorate of Hartley on 21 April 1876 because the Committee of Elections and Qualifications found that Thomas Brown had an office of profit under the crown and declared that his seat was vacant.Mr Thomas Brown (1) (1811-1889) 379 Yes 23 June 2019
Dates
Date Event 24 February 1876 Question referred to the Committee of Elections and Qualifications. 22 March 1876 The Committee of Elections and Qualifications reported that Thomas Brown was disqualified from sitting. 28 March 1876 Seat declared vacant. 29 March 1876 Writ of election issued by the Speaker of the Legislative Assembly.https://nla.gov.au/nla.news-article223648081 Writ of election: Hartley New South Wales Government Gazette 100 26 May 1876 2020-03-29 1267 Trove 13 April 1876 Nominations 21 April 1876 Polling day 30 June 1876 Return of writ
Committee of Elections and Qualifications
Thomas Brown owned land at Eskbank at what is now Lithgow, some of which was acquired using Robert Pitt as a dummy or proxy, circumventing the Lands Act 1861.5052021 Eskbank House and Moveable Collections 02008 000862 S94/00684, EF11/07625 2020-09-24 Coal was mined at the property and William Pitt was the colliery manager. In October 1875 Thomas Brown responded to a tender for the supply of coal to the railway,https://nla.gov.au/nla.news-article223585705 Tenders: engine coal for Government railways New South Wales Government Gazette 267 12 October 1875 24 September 2020 3186 Trove however no contract was awarded. In December 1875 a fresh tender was called and William Pitt personally submitted a tender which was accepted.https://nla.gov.au/nla.news-article13361850 Legislative Assembly: questions of privilege The Sydney Morning Herald 25 February 1876 24 September 2020 3 Trovehttps://nla.gov.au/nla.news-article223588959 Fresh tenders: engine coal for Government railways New South Wales Government Gazette 337 21 December 1875 24 September 2020 4088 Trove Samuel Gray said in the Legislative Assembly that Thomas Brown leased the colliery to William Pitt and that the only connection between them was one of landlord and tenant.
The Committee found that Thomas Brown was the owner of the Eskbank Colliery, the coal supplied by William Pitt was taken from the Eskbank Colliery and that Thomas Brown had a "direct interest in a contract entered into with the Government by the said William Pitt for the supply of engine coal for the Great Southern and Western Railways" and was therefore disqualified from being a member of the Legislative Assembly.https://nla.gov.au/nla.news-article13370741 Legislative Assembly: case of Mr T Brown The Sydney Morning Herald 23 March 1876 24 September 2020 2 TroveAnne Twomey Anne Twomey (academic) The Constitution of New South Wales 2004 Federation Press 9781862875166 415 https://books.google.com/books?id=KayCZfZwafwC&pg=PA415 2020-09-21
After the Committee report was tabled Thomas Brown attempted to resign, however the Legislative Assembly adopted the report of the committee and declared the seat was vacant.https://nla.gov.au/nla.news-article13372568 The Hartley electorate The Sydney Morning Herald 29 March 1876 24 September 2020 4 Trove
The question of whether Hugh Taylor had an interest in a contract for the supply of meat to the government asylum at Parramatta was referred to the committee on the same day as Thomas Brown. Taylor resigned after the report on Thomas Brown had been tabled, but before the committee had reported on whether he too was disqualified,Mr Hugh Taylor (1823-1897) 533 Yes 8 June 2019 and the resulting by-election was held on Thursday 20 April.1876 results Parramatta by-election 1874-5 Parramatta_1 21 September 2019
Result
[[1876 Hartley colonial by-election|1876 Hartley by-election]]Friday 21 AprilHartley by-election 1876 1874-5 Hartley_1 22 August 2020
John Hurley (elected)
339
52.1
James Neale
722
45.2
651
100.0
0
0.0
651
37.4
The Committee of Elections and Qualifications found that Thomas Brown had an office of profit under the crown and declared that his seat was vacant.
See also
Electoral results for the district of Hartley
List of New South Wales state by-elections
References
expanded
Category:1876 elections in Australia
Category:New South Wales state by-elections
Category:1870s in New South Wales