1876 Hartley colonial by-election

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.[1]

Dates
DateEvent
24 February 1876 Question referred to the Committee of Elections and Qualifications.[2]
22 March 1876 The Committee of Elections and Qualifications reported that Thomas Brown was disqualified from sitting.[3]
28 March 1876 Seat declared vacant.[4]
29 March 1876 Writ of election issued by the Speaker of the Legislative Assembly.[5]
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.[6] 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,[2][7] however no contract was awarded. In December 1875 a fresh tender was called and William Pitt personally submitted a tender which was accepted.[2][8] 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.[2]

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.[3][9]

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.[4]

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.[2] Taylor resigned after the report on Thomas Brown had been tabled, but before the Committee had reported on whether he too was disqualified,[10] and the resulting by-election was held on Thursday 20 April.[11]

Result
1876 Hartley by-election
Friday 21 April [12]
Candidate Votes %
John Hurley (elected) 339 52.1
James Neale 722 45.2
Total formal votes 651 100.0
Informal votes 0 0.0
Turnout 651 37.4

See also

References
  1. "Mr Thomas Brown (1) (1811-1889)". Former Members of the Parliament of New South Wales. Retrieved 23 June 2019.
  2. "Legislative Assembly: questions of privilege". The Sydney Morning Herald. 25 February 1876. p. 3. Retrieved 24 September 2020 – via Trove.
  3. "Legislative Assembly: case of Mr T Brown". The Sydney Morning Herald. 23 March 1876. p. 2. Retrieved 24 September 2020 – via Trove.
  4. "The Hartley electorate". The Sydney Morning Herald. 29 March 1876. p. 4. Retrieved 24 September 2020 – via Trove.
  5. "Writ of election: Hartley". New South Wales Government Gazette (100). 26 May 1876. p. 1267. Retrieved 29 March 2020 – via Trove.
  6. "Eskbank House and Moveable Collections". New South Wales State Heritage Register. Office of Environment and Heritage. H02008. Retrieved 24 September 2020.
  7. "Tenders: engine coal for Government railways". New South Wales Government Gazette (267). 12 October 1875. p. 3186. Retrieved 24 September 2020 – via Trove.
  8. "Fresh tenders: engine coal for Government railways". New South Wales Government Gazette (337). 21 December 1875. p. 4088. Retrieved 24 September 2020 – via Trove.
  9. Twomey, Anne (2004). The Constitution of New South Wales. Federation Press. pp. 415. ISBN 9781862875166. Retrieved 21 September 2020.
  10. "Mr Hugh Taylor (1823-1897)". Former Members of the Parliament of New South Wales. Retrieved 8 June 2019.
  11. Green, Antony. "1876 results Parramatta by-election". New South Wales Election Results 1856-2007. Parliament of New South Wales. Retrieved 21 September 2019.
  12. Green, Antony. "Hartley by-election 1876". New South Wales Election Results 1856-2007. Parliament of New South Wales. Retrieved 22 August 2020.
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