December 1870 Goldfields South colonial by-election explained

A by-election was held for the New South Wales Legislative Assembly electorate of Goldfields South on 12 December 1870 as a result of the Legislative Assembly declaring the election of Ezekiel Baker was void. Baker had been appointed to conduct a Royal Commission to inquire into the laws and regulations of the goldfields and for securing a permanent water supply.^[1] The Committee of Elections and Qualifications held that this appointment was an office of profit under the crown which meant he was incapable of being elected, or of sitting, or voting, as a member of the Assembly.^[2]

Dates

Date	Event
18 August 1870	Question referred to the Elections and Qualifications Committee.^[3]
4 November 1870	The Assembly considered the report of the Elections and Qualifications Committee and declared the seat vacant.^[4]
5 November 1879	Writ of election issued by the Speaker of the Legislative Assembly.^[5]
21 November 1879	Nominations at Adelong
12 December 1879	Polling day
3 January 1871	Return of writ

Polling places

• Adelong
• Kimo, near Gundagai
• Grenfell
• Quondong
• Wombat
• Elrington, now known as Majors Creek
• Kiandra
• Upper Adelong
• Broken-cart Creek, near Talbingo
• Reedy Flat, now known as Batlow
• Araluen
• Mongarlowe
• Jembaicumbene
• Junee
• Sebastopol.^[6]

Result

The Committee of Elections and Qualifications held that the appointment of Ezekiel Baker to conduct a Royal Commission into the goldfields meant that he held an office of profit under the crown and his election was declared void.

See also

• Electoral results for the district of Goldfields South
• List of New South Wales state by-elections

Notes and References

1. Web site: Royal Commission of Inquiry into the Working of the present Gold Fields Act and Regulations of New South Wales and into the best means of securing a permanent water supply for the Gold Fields of the Colony . State Records . . 31 October 1871 . 22 January 2019 .
2. Book: Anne . Twomey . Anne Twomey (academic) . The Constitution of New South Wales . 2004 . Federation Press . 9781862875166 . 442 . 16 September 2020.
3. News: Electorate of Goldfields South - Mr Baker . . 19 August 1870 . 16 September 2020 . 2 . Trove.
4. News: The seat of Mr Baker . . 5 November 1870 . 9 June 2021 . 4 . Trove.
5. News: Writ of election: Gold Fields South . . 271 . 5 November 1879 . 16 September 2020 . 2457 . Trove.
6. News: Polling for Goldfields South . . 17 December 1870 . 2021-06-09 . 2 . Trove.