ASHBURTON BOROUGH COUNCIL.

Ashburton Guardian, Volume V, Issue 1288, 24 June 1884, Page 2

ASHBURTON BOROUGH COUNCIL.

The ordinary fortnightly meeting was held at the Council Chambers last evening. Present—His Worship the Mayor, Grs St. Hill, Tried lander, Harrison, Nelson, J. Orr, Sealy, A. Orr, Leggatt and Bird. The minutes of last meeting were read and confirmed. match's statement. The Mayor stated that the Bank overdraft had been reduced to L 636 16s 3d. The amounts received since last meeting were :—Bates, LB7 15s fid ; rates on Government property, L2O 3s Id ; rents, Ll 7 10s ; Borough seal, LI 1s ; earth, LlO fis; dog licenses,. L 7 10s ; excise licenses, L 33 0; total, L 474 5s 7d. CORRESPONDENCE. The following correspondence was read : 1. From Young and Co., offering timber.—Referred to Works Committee. 2. From the County Council, reporting that the protective works at Rowell’s crossing were completed at a cost of LBB 7s, and applying for the Council’s promised contribution of L4o. ihe Mayor remarked that although the Council had undertaken to pay only half the estimated cost, LBO, he thought they should reciprocate the liberal treatment they had always received from the County Council, and contribute a full share of the cost. —On the motion of Or St. Hill, seconded by Cr Bird, it was resolved to pay one half the actual cost. 3. From J. 0. Dolman, eiclosingan inventory of the property held by the Fire Brigade, and suggesting that the buildings of the Brigade should be fenced in.—Referred to the Fire Brigade Committee. MILL RACK. The Mayor called attention to a clause in the County Council’s Engineer’s last report, directing attention to the effect of the works at tho- mill race upon the course of the river.—lt was resolved to communicate with Mr 0. W. Turner Jon the subject. engineer’s report. The following report was read and adopted . Aitken and Grey streets : Some few months , ago a little work was done on these streets, in order to make them passable, but we do not think it would be of much use doing anything more without forming the streets to their proper level. The contractors for delivering shingle were to have commenced work last week, but owing to the wet weather were unable to do so. We expect them to commence work at once, now the weather has cleared. The labor gang have been engaged in forming Havelock street and delivering soil to private sections ; forming footpath in Wills street and also in West street j clearing side channels ; making and fixing culverts and bridges; attending to water supply, etc. GREY STREET. The Mayor said that he had inspected this street, and found it in a very bad state. He proposed that tenders be called for necessary repairs to Grey street. The proposition was seconded dy Or Nelson, who had also recently inspected the street referre I to. Gr St Hill was aware of the condition of the street, and as the High School Board had shown a disposition- to reduce their fees, and would probably at no distant date offer premiums to obtain pupils, hb thought something should be done. At the same time he would remind Council lors that there were many other necessary works required, particularly *upon the west side of the town, where pedestrians had to jump from one tussock to another to avoid immersion.

Ora Sealy, Friedlander and Bird agreed with Cr St Hill that a number o£ other streets required attention, but thought the work referred to should be put in hand at once.

Cr J. Orr said that the finances of the Council were now in a fairly good condition, and there were works in all parts of the town which might be advantageously undertaken. There were a number of men out of employment, to whom work would be very acceptable. He suggested to the Committee that they should push on any required work'. The motion was carried. STREET LAMPS. Cr St Hill asked if any complaints had been made in respect to tvo lamps which he understood had not been lit for some nights in succession. He thought that any lamp removed for repairs should be replaced iimqediately. The ratepayers paid fop light. aqd should hays it. He explained the arrangement with the contractor .

Cr A. Orr said that the two lamps referred to by Cr St Hill had been removed for repairs, and had not been light for

two or three clays. The Engineer had communicated with the Gas Company. They should certainly have been replaced. On the motion of Or St Hill, seconded by Cr Friedlander, the matter was referred to the Works Committee. , CONTAGIOUS DISEASES ACT. A letter was read from the Hospital and Charitable Aid Board enclosing a resolution adopted by that body, requesting the Borough and Couuty Councils to ask the Governor to proclaim the Borough and County a district under the Contagious Diseases Act.

Or St Hill said that ho had no sympathy with prudish people that evadsd this unpleasant question. The evil contributed largely to the cost of their hospital, add he thought it devolved upon them to impose what remedial restrictions they could upen a nefarious trade. He proposed—- “ That the Council is prepared to cooperate with the County Council and Charitable Aid Board in bringing the Act into operation. ” Cr Sealy concurred with the remarks which had fallen from Or St Hill.

Cr Nelson pointed ont that the larger Boroughs of Timaru and Oamaru had not yet adopted the Act, and he would not be prepared to support it without more information than they had at present. Or Harrison agreed with Cr Nelson, and proposed that consideration of the matter be postponed until next meeting. Or A. Orr said that adopting the Act appeared to him like legalising an iniquity. In many English towns a similar measure had bean bitterly resisted. The application of the Act was beyond their control and might be seriously abused. Or Leggatt said that id England the Act had rather increased than decreased the evil, and its administration had been shamefully abused. The Mayor thought the Act would be beneficial and retard' the influx of undesirable additions to the community. Or J. Orr would like Councillors to be fully aware of the power it was proposed to place in the hinds of the police. He would favor the adjournment of the question until they were better acquainted with the Act.

Cr St Hill said that he had the authority of Sergeant Felton for saying .that the measure was much required. He would not, however, object to the postponement and withdraw his motion. The discussion was postponed until next meeting of the Council. eebbikan’s case.

A letter was read from the Council’s Solicitor, advising that tha Council could take no proceedings against Mr Ferriman, except by,some arrangement with Gr St Hill, and stating that the latter gentleman had declined to furnish tha solicitor with any information on the subject. Cr St Hill asked if he was expected to make an explanation in respect to the letter.

The Mayor said that he understood the matter had been postponed during ,0c St Hill’s absence to give him the present op-

portunity of offering an explanation. Cr St Hill said thpt if courteously asked he would explain, but he would resent anything like compulsion. Cr Friedlander explained that he had moved that the consideration of the matter be postponed until Or St Hill’s return to the Council. Gr St Hill said that he objected to the Borough solicitor asking him to attend at his office. If the solicitor had anything to say he should come to him (Or St Hill). He would not leave his work to attend to

business for which tbs Solicitor was paid. The Solicitor had cooeyed to him in the street, and asked him to give np his agreement with Ferrimau. He refused to do this, and an altercation ensued. He would not give up the paper, as it was his indemnity, for Ferrimau had broken faith with him and placed him in a very awkward position. Ferriman had pro : raised to put up the brick wall, but upon ascertaining the magnitude of the work had, he understood, taken legal advice, and now-declined to do so. A merchant in the town had bean authorised by the Borough Engineer to leave an opening where a close brick wall should have been

built, and this very much prejudiced his (Or Sc Hill’s) position with Ferriman. He did not wish to be disrespectful to the Council, and where it was deserved he would not be outdone in courtesy by any man, but he could accommodate his manners to all classes of men. *Cf#T. Orr asked if Or St Hill was prepared to give the Solicitor the document required. Or St Hill replied that hi was not. If the Mayor should ask for a copy he would supply it, but he was too old a bird to part with the original. The| Mayor did not quite understand Or St Hill. It was customary to hand far more valuable documents than this could possibly be to solicitors for examination. He could see no reason why Or St Hill should: decline to let the Solicitor peruse the original paper. Cr St Hill said that in the case of valuable deeds a caveat could be lodged to prevent their improper use, but if this paper were destroyed or lost, he asked what would stand between his devoted head and che wrath of the Council. They could verify'the copy by any means they thought sufficient, but he would not give up the original to a lesser personage tnan a Judge of the Supreme Court. Or f'riedlander thought that Or St Hill was really prepared to give all the Council required. Or JLeggatt asked if Or St Hill would produce the document at the Council table.

Cr St Hill said, that he would and proceed to read an agreement between Mr Ferriman and himself.

Or Friedlander thought it unnecessary to read the document just then, but suggested that some motion should be made on the matter.

Or 3t Hill said that if the document was lost he would be. placed in a still more awkward predicament. Soma councillors would be very glad to come down upon him, but he tbansed Heaven they had not the power. - Cr Harrison thought that the Borough Solicitor should have access to the original document.

Or tit Hill at the request of the Court would be prepared and happy to produce it.

Gr Harrison suggested that the Council should indemnify Gr St Hill against damage in case of loss.

Or Sealy thought , that Or St Hill had offered all that was required.* The accuqpcy of a copy taken by the Clerk could be readily verified.

Or A. Orr was satisfied that if the document was in the possession of the •Council it would be found of no value. It was an agreement between Gr 3t Hill and a ratepayer, and the Council had no power to compel either party to discharge its conditions. The Council had allowed the building to be removed on a distinct assurance from Or St Hill that he was in a position to enforce the erection of a brick partition wall.

Cr St Hill said that he had not made the statement ascribed to him by Or Orr, but at the time he did think that he could compel Ferriman to erect the wall. Hq had done his best, failed, and could do no more.

Co J. Orr fully endorse! the remarks of Or A. Orr. Referring to Ora Fnodlander and Sealy’s suggestion that they should accept copies, he thought the danger of loss was a mere quibble raised by Cr St Hill, as solicitors repeatedly had charge of documents wqrth thousands of pounds W*thqut any question being raised as to their safety. He had supported Or St Hill when that gentleman applied for parr mission to remove the building, but on the distinct understanding that the fire re*

gulations would he complied with. He would urge Or St Hill to hand the document to the Boroueh Solicit O’’, failing this ' he (Or J. Orr) would be compelled to move a resolution on the subject. Cr St Hill again declined to surrender the original document, and Cr J, Orr'proposed—-'“That Or St Hill’s explanation of this matter is unsatisfactory, and unworthy of him as a Council-

or Bird said that the resolution was a strong one, but he would second it, as he thought that some record of the disap- y »roval of the action of Or St Hill >llOOl4 30 made. Or St Hill had doped (heat, and induced them to crack if not break their own bye-laws, and had now (brown them over.

Cr Friedlander referring to the remarks of Or J. Orr, said that he was acquainted with the legal status of originals and copies, but Cr St. Hill had positively declined to give up this original, and he (Cr Friedlander) thought that the next best thing was a copy for their solictter’e perusal. Or St. Hill might or might not have good grounds for refusing to give up the paper ; in any cate a copy would be better than nothing. Cr Sealy said that the document should certainly be handed to the Borough Solicitor for perusal with permission to retain a copy if of any value, but he generally agreed with the remarks of Or Friedlander.

Cr St. Hill said that he had dtfne all in his power to protect the interest of the Council, and he could assure Councillors that he had solid season for declining to give up the paper. The Council would, perhaps, be surprised to learn that he was acting upon advice which had cost him six v and eightpeuce, but such was f. o .as*. If On Orr’a motion was carried h would resign his seat in the Council and appeal to the ratepayers to vindicate his action. He challenged Cc to do the same.

The Mayor begged that Councillors would abstain from high words and personalities. He was now gratified that he had from the first opposed the removal of this building, but be sympathised with Councillors ' who had supported Mr Perrimau’s application, and thought that they should hare the opportunity given by the resolution to vindicate their action, The Council had certainly been given to understand byCrSt. Hill that he was in a position to enforce the erection of this wall, and but for this the removal would never have been permitted, Cr Harrison was inelined to think that. Gr St. Hill should place this paper upon the Council tablF without reservation. The Council had been brought into a really ridiculous position by accepting on good faith the assurance ma ie by Or St. Hill. The undertaking of the Mayor and Gonncillors should be a sufficient guarantee for the safe and proper custody of the document, and he strongly advised Cr St. Hill to give it up to the solicitor. Or Leggatt hoped that Or St. Hill would look at this in a right light. The Council had reposed confidence in him,

and he should now do so in the Council. He (Gr Leggatt) had opposed moving the building, as at t ie time he feared that the.

fire regulations would be evaded, and he now regretted to find his apprehensions confirmed. He would- have to support Or Orr’s proposal, if Or St. Hill persisted in his refusal to surrender the document applied for by their solicitor.

CrJ. Orr wished it to be'understood that he only moved on the distinct refusal of Or St. Hill to give up the paper. He again asked Cr St. Hill to meet the Council.

Or St. Hill questioned the safety of the document , and again challenged Or Orr to resign with him. Or Scaly said that Or St. Hill had been misled and he felt sure had given tha as- , auranca to the Council in good faith. He (Or Sealy) thought they should not. censure Or St. Hill hastily. CrSt. Hill said that before the motion

was put he would again state that a {ally authenticated copy of tha document would be furnished to the Council if re-

quired. If from the copy their solicitor should advise a good coarse of action, he would would place the original at the disposal of the Mayor. He bad been more deceived than the Council, and it was only on Mr Ferriimn’s undertaking that

he gave assurance to Council. Or Fnedlander thought that Or' St. Hill having informed the Council that he was acting under the advice ef his solicitor they should be satisfied and accept the copy. The matter had now been standing for two or three months, and, he could not see that anything would be lost by allowing it to stand ajlittle longer that they might all coolly consider the matter. Hb felt much surprise and Tegret that the contract exhibited by Or St. Hill hsd not been carried out. The resolution was ' rather stronger than he would like to adopt against a councillor who had been associated with them for a number of years, and as an amendment' he proposed—That Gr St Hill having been advised by his solicitor not to part with the original contract with JWr Ferriman, but being willing to allow copies to be taken by the Council, same should be done and handed to Borough Solicitor.” . Cr Sealy seconded the amendment. Cr Harrison again pointed oat that the motion would be unnecessary if Or St Hill* placed the paper at the disposal of the Council. This Or St Hill declined to do, and on being put to the meeting the amendment * was lost. The proposal was then put with; the following result: —For : Crs Harrison,' iSelson, J. Orr, A. Orr, Leggatt and Bird; against: Crs Fnedlander and Saily. Cr St Hill refrained from voting. pawments. ■ The usual accounts were passed for payment, and the Council adjourned until Monday, 7th July. ' RESIGNATION, At the conclusion of the proceedings Or St Hill handed His resignation to the Mayor.