The Akaroa Mail. FRIDAY, NOVEMBER 8.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 241, 8 November 1878, Page 2

The Akaroa Mail. FRIDAY, NOVEMBER 8.

Four seats are now vacant in the Akaroa Borough Council. The nominations, as will be seen by advertisement elsewhere, must be made this day week. As the circumstances which appear to have caused some at least of this exceptional number of vacancies are somewhat peculiar, we think it right to calJ attention to them, as it may assist both candidates and ratepayers in taking the most suitable steps to fill up the vacancies.

It will be remembered that some little time ago the Council ordered a return to be made of all moneys belonging to municipal funds which had been paid to councillors. The return was duly made, but no action or resolution was come to on the subject. The making the return was a-wise measure, as any rumor, the foundations of which are unknown, is apt to assume vast and unreal proportions. On the 29th ultimo a letter appeared in our columns from Mr "W. H. Henning, commenting on the facts elicited in this return, expressing a decided opinion that the practices referred to were illegal, and regretting that these illegal practices were to be continued. It may have been a coincidence, but, if so, it was rather a curious one, that on the day following , the publication of this letter no less than three resignations of councillors were received by the Mayor. One of the resigning councillors addressed a letter to us, which duly appeared, in which he takes Mr Henning to task somewhat for his action, though he does not combat the position that illegal practices have prevailed.

So much for the facts, and now for the moral, t In the first place, let us say at once that we do not believe there exists the slightest suspicion that any of the councillors have made use of their position to benefit themselves in a pecuniary point of view. On the contrary, it will, we think, be readily confessed that the councillors have, one and all, given both time and trouble to the public service, and that in some cases they have done this knowing that by accepting such a position they voluntarily debarred themselves from competing for works that they might otherwise have been in a position to obtain from the Council. We think there is a great deal of force in Mr Billens' remarks as to the difficulty of finding ten suitable men in a small community like ours, and the manner in which that difficulty would be increased if a hypercritical spirit is indulged in as to the dealings of the Council with any of its members who may be in a position to supply, as Mr Billens says, " the ordinary sundries required for its use." At the same time, any citizen has a perfect right to comment fairly on what he considers irregular in the practices of public men, and we deprecate entirely the taunt contained in the last paragraph of Mr Billens' letter that Mr Henning is seeking a seat in the Council. A desire to fill some public position is a laudable ambition at all times, and in a colonial community is sufficiently rare to necessitate its being encouraged in every possible way instead of being sneered at. In many of our small communities, men who, from position and capabilities, seem eminently fitted for taking a leading part in public affairs, stand on one side from various motives, and consequently a great want of suitable candidates for these positions is felt.

While acknowledging, however, Mr Hcnning's perfect right to make the comments lie has made, we do not feel at all sure that liis position is infallible even from a strictly legal point of view

while as a matter of expediency we think that, as long as no corruption is alleged, It- is a pity to have raised a question which appears likely to deprive us of the services of men, both in the past and future, whom we can ill afford to spare. With regard to the strictly legal aspect of the question, we, of course, cannot give an authoritative opinion, but we think that Mr Henning and those who think with him rely too exclusively on subsection 4of section 61 of the Act. The Act must, of course, be read as a whole, and the penal clauses must be construed strictly. Now, it appears to us that section 75 does away with the apparent universality of the former sub-section. The latter clause provides that no councillor shall " vote upon or take any part in the discussion of any matter before the Council in which he has . . .

any interest.' . This would seem to imply that there might be pecuniary transactions between a Council and a member thereof, provided the latter did not vote upon or discuss the matter.

In any case, we hope the burgesses will be able to secure the services of four " good men and true." Very important questions are at present before the Council. On the manner in which the Ashburton Reserves are dealt with will depend in a great measure the prosperity of the Borough for some time to come. It will require considerable financial ability to make both ends meet and carry on the necessary works. An arrangement has to be come to with the County Council regarding the maintenance of the Hospital, on which matter the promised legislation lias not taken place. For these and other reasons it behoves all who have the good of the place at heart to use their best endeavors to secure fit candidates.

The Ashburton Borough Council is one of the latest born of the fraternity. Short as its term of existence has been, however, it appears already to have made itself ridiculous. A committee has been appointed to frame by-laws, and out of the inner consciousness of its members, or some equally mysterious source, the said Committee appears to have evolved what a correspondent of the Ashburton Mail calls " the most ineffable rubbish one could wish to peruse." Some specimens of the egregious nonsense these worthies have strung together are given, which fully justify the comments passed upon it. The embryo legislators seem to have been under the impression that they were responsible for the peace, order, and good government of the whole of Her Majesty's dominions, nay, even of the world at large. For example "It shall be lawful for the Council of every Borough," say Christchurch or Auckland. "If any person wilfully and maliciously destroys, &c,

. . . . in any Borough," the Council will go for that person, and let him know what is what. Larrikins in Akaroa had better beware, now that this clean sweeping Council has assumed the reins. Another clause takes a still wider range and threatens with condign punishment " Whosoever shall, without the consent of this Council, construct any dam or embankment across any river, creek, or natural watercourse." This is rather rough on engineers, say in Russia, or South America. Another of these wonderful enactments abolishes Avar all over the world, as it forbids the discharge of " Any bullet or missile of any kind," quite irrespective of locality, while another of more United application prohibits the sale " within the colony of New Zealand" of any petroleum, &c. The local organ thus sums up its commentary on these fearful and wonderful productions:—

We must accept the

inevitable,Jsubmit to such outsiders as condescend to notice these wonderfully and fearfully made regulations laughing at them as more egregiously silly than any stuff that ever could have emanated from the tailors of Tooley street had those historical idiots set themselves to draft borough by-laws." We are not surprised to learn that on the Mayor remarking that he thought it advisable to procure legal assistance to revise these by-laws, the suggestion was vehemently and apparently successfully opposed by two wonderful councillors who contended that they were just as near perfection us anything human, could be. We always retain an affection for our own offspring, however deformed it may appear to others.