BOROUGH COUNCIL

Ashburton Guardian, Volume VII, Issue 1875, 23 June 1888, Page 2

BOROUGH COUNCIL

A epeo'al meeting of the Aohburton Borough Oonnoll was held laat evening to make an appointment to the offices of Town Clerk and Borough Engineer, the appointment made last Monday being Invalid. Present : The Mayor and Ora Tucker, Bird, Reid, Roberta, H. Filedlander, Soott, Thomas, Williamson and Scaly. A number of burgesaes were present. Mr Crisp, the Borough solicitor, was alao pre?eat. The Mayor said that It had been noc.?B« sary to call the present meeting because through a misapprehension the appointment of Town Clerk and Engineer nmde at tho last meeting waa informal. Instead of the appointment being m*de by resolution and open voting as speol6ed by the Aot, It waa made by ballot He did not think It was necessary for him to say anything further, and he supposed they would at onoe proceed to tha oleotlon of one of the two gentlemen who .had been selected for the final appointment. Or Roberto asked, before any resolution was proposed, if tha letter received from Mr Fooka at the last meeting might a«aiu be read. Or Scaly asked If It waa the intention of the Council to re-open the whole question tnd again go over the ground that had already been traversed. It had been his Impression that the meeting had been called to make formal what had previously been done In an Informal manner. Or Tuoker had * motion to propose "That the final appointment of Town Olerk and Engineer be postponed for a month." Or Scaly rose to a point of older; He had asked a question which had not yet been answered. The Mayor Bald that he had been under a similar impression to Or Saaly as lo the object of the meeting. However, (f the Council wlahed to take a fresh departure he would not stand la the way. Or Williamson was rather surprised at Or Tuoker'a motion. The Oounoil had already appointed its officer*, but It had been made to appear there was some m formality, co that It waa necessary to confirm the decision previously arrived at. Another Councillor was on the point of speaking, when Or Tocker said that he had eat dewn 'while a point of order waa being decided, but now he thought he had a right to resume hla remarks. He firat of all wished to remind the Oonnoll that on two prevlons occasions he had pointed out that things were baing wrongly done. One of these waa when an amount for rent of the oid fellows' Hall was passed. That amount had bean disallowed by the Auditor. When the Council refuaed to paBB the aocount for Engineer'sjialary put In by Mr Braddell be had very mildly remarked that they would have to pay It, and that they had had to do so, they all now knew. With these preliminary remarks he would paas on to the reasons for bringing his motion forward. Their present aoting olerk had not legally been appointed, and they could not compromise with him, and pay him for the loss of his office, without being held individually responsible for the money paid over. Or Friedlander raised a point of order. The notices of the meeting contained no reference to anything beyond the election of a Town Olerk and Engineer. Or Tuoker said he was quite m order. He w»« oloap!y moving an adjournment. Tho Mayor oald that the businean done at the previous meeting was all legal with the exception of the mode of appointment. The only business for the present occasion was to appoint one ot the two gentleman eeleoted. As the point had boen raised he would have to move the resolution out of order. After a good deal of diacusßion on the point of order the Mayor ruled, that Cr Tucker oduH bring forward his motion as an amendment to any reeolutlon that might be proponed having a bearing on the business of the evening. Cr Roberta again oskod if there was any reason why Me Fooka 1 letter should not be read. The Mmyor Bald there was no motion before the meeting and tfll there waa he oould not allow the discussion to go on. Or Williamson raid there was no use In wasting time' and he would propose a motion. Referring to what Or Tucker bad said he exproesad his opinion that thera wai nothing to be gained by Ore posing as legal advisers. The Council's aol'oltor was present and he oould give bis adrloo when it was required. The preseat meeting had been called to remedy a oupposed informality that had taken plac.e the last time the Oonnoll mot, though he did not admit that anything Illegal had then been done. He would move that Messrs Fcoks and Son be appointed Town Olerk and Engineer. He could not think that the Oouuoil would stultify themselves by undoing that which they had already determined upon. There waa no use m bringing In complications which had nothing to do with the question at laaae, and the sooner (hey got this matter Bottled the better, because he was. oatlaflod that no useful work would be done at the Council board till it had been disposed of. After the determination the Council had previously oorae to, It would be disared table to them if they did not agree to hU motion, As to delaying the question farther he was nick of daisy. The had beon ample time In which to make up their minds and there w^a no good objjot to bo attained by postponing the matter further. Or Thomas thought that before the motion was. tabled they shcu'd take a legal op.injon. The M*yor Baid that bafore he oould allow councillors to speak Iho motion moat be seconded. Or Scaly thought the remarks of Or Thomss were quite to the point. If the Council were aoting legally m making tho appointment, it wou' >c quite proper to second the motion. Out if they were not In a safe position whpro was the uqe. The Muyor asked Cr Soaly if he was prepared to seoond the motion pfojbrma. Or $j&ly said that he was quite prepared to seoond it If the Oounoil oould legally make an appointment. Or Tuoker : Am I In order now. The Mayor : The motion Is not aeoouded yet. Or Scaly asked if the Oounoil waa justified m proceeding, If bo he would Beoond the motion. Ha wished to ask the solicitor throughjthe Mayor if the Ooanoll was justified m proceeding. I The Mayor said he would ask the [solicitor to give his opinion, and he asked the burgeaaes present if they would withdraw for five mfnuteo. He was happy to see them present at a meeting of the Oounoil, but he thought it a proper thing for them to retire while a le*aal opinion was boing received/ A remark was msde as to the adplaableness of the Oounoil going Into committee, The Mayor tjald he thought tha solioitor might g|ye hla opinion without the Oounoil going into oomrplttee. Jf, howe?or, it wae wished tint the Council should resolve theruaelvov Into committee, ho would nak for a motion to that effaot. Or Friedlander wa« m favor of allows. ing the burgesses to remain. From what he had seen himself he knev that whatever tho Connoil did m committee •peedJly became public property. All that was done at tho Jaafc oammUbee meeting of the GoanoU'waß'Jsaown tv the publlo, and when this, was bo he did not see why they should go Into committee The Mayor said that it h*d boan suggested to him that tho Oounoil should go Into committee, but ho was glad to hear Or FWedlaader Bpe»k as he did. Mr Cyisp, i<j. rajjponee'to tha qaojtlon which h»d been a*ke<f of him, salo? that It would have been better If the ttppouitment of Mr Braddell had boen made In aooord,aoo9 with dime, JQ2 o f the ,

The appointment as m-.do w.s m i!. c atrfot letter «if tha la^, Illegal. Bat, as Or Williamson had raid, the maitec was of little uaotneot to the Oounoil or to Mr Braddell. Mr Braddell was .the servant of tho Counol', and whether he had been legally appointed or not, he entitled, m ootnmon law, to payment for his services. Both the Oounoil and Mr Braddell had recognised tha arrangement, and they were now bound by It. Mr Orlsp wae further asked whether the OounolUora could be individually called upon to raoonp any saui3 of money that might ba paid Mr Braddell nnder fclo appointment. Mr Orlsp did not think thoro wft3 any likelihood of this The Oounoil was authorised to employ servants, and thin money would be spent for that purpose. Thore were, bealdes, other things to be taken Into consideration. The auditor would first hive to disallow the expenditure, and take the Btepa It waa uecaaaary In auch a oase for him by law to do. It would be then bo competent for either the auditor or a ratepayer to take prooeediaga. The onus of proof rested on the peraon proceeding, who, even If be won the oiae, would gain nothing, as the money would have to be paid Into the Borough fund, the psiraan proceeding getting nothing but his oosta, which would not amount to anything like his actual expanses. It would thus be seen that the peraon who want to law In the matter would do so m the face of considerable difficulties, and he wou'd not only have to prove that the expenditure was wrongful, but that the Oounoil knowingly acd wilfully made It, But he thought the expenditure would be a lawful one. The Oounoil had engaged a servant, and would have to pay him. There was nothing In the Municipal Oorporatipna Act which shut out the common law, and there waa no doubt the relations of master and servant had existed between the Oounoil and Mr Braddell. After a brief discussion Or Scaly said thet he thought the Oonnoll were quite justified In going on now, and he would seoond Or Williamson's motion. In doing bo he said that the matter of the appoint' mant had already been thoroughly con— eidered, and he thought that all that remained to be done was to confirm the resolution paesed at the previous meeting* Or Tucker did not think Mr Orisp had given hla opinion deolded enough to justify him In withholding his motion for the adjournment of the matter. Mr Bra'Ueli'a appointment, all agreed, waa not legal, and would not m a Oourt of law hold water. He quite agreed tbat Mr Bfaddell waa entitled to his salary, but as matters now Btood he thought that they, individually, were responsible for that money. He would proceed to show that Mr Braddell had not been legally appointed. There was no resolution In the miaut3 book la reference to the appointment. He would ask to have the minute referring to the matter read. Or Williamson asked If Or Tuoker were cot travelling outside the buaineaa of the meeting. The Mayor said that he would have to allow the minute to be read. The minute m referenoe to the appointment was read, and'Or Tuoker maintained that aa there waa no resolution on the subject recorded, the appointment was Illegal. Tae ootreot course for the Oounoll to follow now, would bo at their tisxt meeting to formally appoint Mr Braddell Clerk acd Engineer, and later m the evening they could dismiss him, voting him the £50 for three months' salary, as had already beeo agreed, If the Council did this their position would be pe'rfeotly clear. There wab also another reason why he thought the appointment should be postponed. They had deolded at the last meeting that the Olerk should be aubjaob to three months' notion, but there was a ronolatlon on the Ooaaoit's mlnu'e book confl c'iag with this determination, and which had not been rescinded, The minute m question was that all the pffioers of the Oounoil be subjeot to one month's notice with the exception of the Olerk, who should be subj jofc to three months' notice. He maintained that they could not legally appoint a Olerk subject to one month's notice while a motion like th&t remained on the minute book. It would be neoeflsary to rescind the resolution and for that purpose notice of motion would have tj be given. He aßked for the minute to be read, The minute was read. It waa ; That all officers of the Council be subject to one month's notlos, with the exoeptlon of the OJerk. Or Tacker said that he had given his reasons why he thought the matter should be postponed, and he was sure every Intelligent Oouqolllor woqld agree with him that it would be better to make things straight and clear now, or tney might <jjet hopelessly involved. Or Frledlandor thought there waa a good deal m what Or Tuoker had said, though he did not quite agree with the potion that that Oouaoillor hai taken up. He thought that the Oounoil should m any oaaa oarry out the decision arrived at last maotlng, Although he waa not ashamed to say he did not vote for the Buooensful candidate, still h.9 thought the s Council having arrived »t a deolslou should give effeot to it. Yet there waa a good deal In what Or Tucker had said, and he thought weight was lent to the statements made, by the guarded opinion given by Mr Purnell, <rhlch he read. Ac to the roaolutlon about notice, he did not agree with Or Tucker that It meant the Olerk should be entitled to thre9 months' notice ; It could be equally taken to mean a week. Or Reid thought the matter had been placed beyond all doubt by the opinion given by Mr Orisp, and he thought Or Tucker was going out of hia way m taking up the position he had. With regard to what had been aald about the three months' notige, he considered that when tjie old Boryant wai dQne away with they opald make what arrangement they, liked with the, new one Or Bird waa surprieQd at the tarn things were taking. He had thought they would get through the business In a few minnteo. Or Tucker might be legally oarrear, but he thought for their own credit fhey qhpuld not poß.tp.one this matter any farther. They would oat a ridlonlous figure If they adjourned It again, and he would muoh rather pay his share and go round with the hat for Or Tuoker than adjourn It any further. Mr Crisp said that it would be inadvisable to postpone the matter. It would be an admission on the part of the Oouuoll that they had been wrong, and besides If Mr Brjddell Were appointed and dii< missed the same ulght,' as Or Tuofceir . suggested, a cause of action might arise In regard 'to notice, . ' ' Pf Roberts did not think there was anything mOr Tuoke,r's contentlqn. The question w»a whether they should appoint j Mr Fooka or not. He was not a supporter of Mr I'ooka'j and he w«a not ashamed to own it. He wonld move as an ainendmotit that Mr Webster be appointed Olark and Engineer. Tho Mayor Ba!d that there was an amendment alroady before the mqetlng. Or Roberts 'aald h<s wanted the public to ace what they did. They had aoted In committee before. The Mayor said that If the amendment then bafore the m3otlng wore lost then Or Roberts could move. 1 Or Wllllamion m replying to his motion expressed bis ploaaure that the good sanua of the Qounoil was going to assert itself, He was dalte re*dy to give Or Tuokor credit for* the good Wvioe fie had on f jrmac oooaslona given the OotinoNj but the boat of mm were apt to make mistakes aometimea, and Or Tnoker was astray m thia laatauoa. Not only was there no noo<T for Or Tooker'a proposal, but It would K c 4^jptai get the Oouuoll Into great companions. He hoped the good sense oJ.fhe Oounoil would oarry faelffry md. th.it ajf Fqojh who had

already been appointed would ba done jaatlca to. Or Tucker'a amendment la the direction of adjournment was then put to the meeting and lost, only Ors Tuoker and Scott voting for It. Cr Roberts then moved that Mffl J Webster be eleoted to fill tha combined omoes. The Mayor ooald not accept thla an an amendment. It was aimpiy a negative to the motion. A. lengthy Irregniar discussion eDßued oU }m Ora Scott, Pflodlander, and Tbomaa maintaining that it was only rtgfu that Mr Webster's name should be before the meeting. Ultimately it was deolded that both Mr looks and Mr Webster should be pat to the vote. Oe Tuoker said that he was going to vote for Mr Webttsr. Me Fooks was frtqaently 111 and therefore oould not efficiently attend to his datloß. He wonld aak that Mr Fooks 1 letter reoelved at the laat meeting mlt>ht ha read. The letter, which stated by whom the office work would be performed, w«h read. Or Tucker resumed hfo remark-., stating that Mr Fooks was frequently ill aD d consequently he did not think he would be able to do the work, which would be relegated to » youth of 18 summers. If he were ill, tben there was some one else who would take the work, and If this member of the family were also ill then they would get still another to perform the duties. He did not know if the Oounoil desired to appoint one Town Olerk or halt a dozen. Or Bird thought it strange that exoeptlon should be taken to Mr Fooka beoause he had two or three strings to his bow. Supposing the other man were appointed what would he do if he were ill. • Or Scott agreed with Oe Tnoket. He knew Mr Webster would not be appointed, but for all that he would vote for him. Some Oca were goina to desert their oolors, bat he was not ashamed of his convictions. There was nothiag perional m the matter as far as he was concerned, because ha was on friendly terms with every membet of the Fooka family. If they abDolnted Mr Fooks, and all his family had a finger In the pie, the burgessea would have some difficulty In finding the one that wislowa Olerk. A. Or : The office is the proper plaoe to nna turn. Or Soott wid that burgesses often met ? T°^ a , ? ler . k Ia the B * r6Bt aQ d **«*•• aoted their bnalness. A eouaoHor suggested *hst a signboard to indicate the Town Oiork should be procured, and Or Soott agreed that tbat would be tbe only way by whloh the burgesses oould find the man they wanted Or Thorn« said that the advo 3 ates of Mr Webster had a good deal to say about Mr Fooks' illness, and their remarks were not m the ba;t of taste. He thought Mr Fooks waa deserving of every ooniideratfon. He had faithfully served the Council fcr a number of years and it wa» not six months since he was belauded and besplattered with praise by courioUlbrt. . (0 ' ™ maß ) hft d nothing to say agalnat Me Webster ; he knew enough of him to give him his vote If Me Fook« were not an applicant. He dtd not think that the fact ot having two or three son* to take up the work should bo considered detrimental to Me Fooks. »«««•» Or Friedlander said that he supposed he was one of thos3 who had bean hit no by Or. Soott as likely to change their minds. tie was In rather a predicament after the motion that bad been proposed by Or Robert*. At the last meeting he voted for Mr Webater became he thought Mr Fooks letter was unsatisfactory m that they would have four Town OlerJcs instead of one. If Messrs 0. E. and aO. Fooks were to have been the reponalble persona then he would have voted for their appointment, but as It was he felt bound to obj-ct. Still the matter had been carried against him on the casting vote of the Mayor and he was now m honor boaod to support the appointment, He was In favor of Mr Webster, but the Council having made the appointment should not go baok. He thought Bonaa explanation ought to be given by HJs Worship the Mayor. It was no seoret that there had been some double voting— he had been told so by peraons m the town, and also when he was coming up In the train— and he thought it only justice to the Mayor to tell him that it was said that he In toe ballot had voted for Mr Webater, and bad given hla oastlng vote for Me. Fooks. Ho thought aome explanation was due. The Mt»yor ; I wish— . Or Bird : I thfn'c it unfair to at»k any nnn to state how he voted. The Mayor ; I must blankly refuse to answer anything of the kind. I refuse blankly—w blankly as I can refuse anything. * Soma remark'feli from Or Friedlander, Tv, ,. waa not heard at the reporters' table, but m reply thereto the Mayor said that be would give no information whatever as to how he voted, bat he wan not aaronlshed at the question coming from" Or Friedlander. Or Friedlander ; You needn't be nstonlahed at all. I Bay thia : If I was convlnoed that you did such a thing I would resign my seat on tbij Oounoil at once, and never sit under you again. Or Williamson thought' It would bs better to settle the matter before the OpuqcU, instead of going into side Issues, Or Friedlander : Thla Is not a side issue The Mayor : I must call your attention, Or Friedlander, to the faofc that you hare previonql/ spoken. Or Friedlander (leaving the table) : I won t vote upon the question, I will force the cjuestlon and let the burgessas see how the voting goes. The Mayor ; If Or Friedlander aaks permission fa withdraw, he can do so : I oan't help it, Or Ffledlander } No I wont ask permission to withdraw. I will remain In the room but will not vote. It was pointed out that if Or Friedlander remained m the room he was bound to vote. Or Friedlander then left the room while the voting was going on. Meßsrs Fooks and Son wero appointed to the position of Town Olerk and JLnglneer, the voting being ai follows: -In favor of Fooks : The Mayor and Ors Bird, Williamson, Scaly, Reid, and ihomasj la favor of Webster; Ora Roberts, Soott: and Tuoker, At the oonolualon of the voting the Mayor Informed the Oounoll that at the previous meeting he had fully intended to vote for Mr Fooka and that if he voted for Mr Webster ft wan by m!«t«ke.