SOLON REDIVIVUS.

Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 492, 1 April 1881, Page 2

SOLON REDIVIVUS.

To the Editor

Sir, —I have been somewhat amused by perusing a very labored effusion in the shape of a letter from James Dalglish, Chairman of the Akaroa County Council, which appears (after some delay in hatching) in your issue of Tuesday last, Avhich rsached here this evening. Mr Dalglish, or rather some one for him, commences by saying that he feels (and so do I) that some apology is necessary for obtruding on the attention of the public matters that are only personal lo himself and a local body, meaning the Okain's Road Board. Mr D.dglish, however, takes higher grounds than a mere personal one, and proceeds'to inform the public of tlie astonishing fact, that the question at issue between hi in and the Board "is susceptible.of a far wider range than a riiere local' or\ personal one> and is fraught with'issues" (I suppose consequences) affecting, tho whole colony, for Avhich piece of information the Avholo colony must feel deeply" grateful to Mr Dalglish, although l ' Avhat'.dire evils are likely to befal the whole Colony through a petty squabble between the Chairman of the Akaroa County Council and a few humble individuals composing the Okain's Road Board'(whose functions be presumes to usurp and control) I fail to see, and must leave it to be settled by Avhat he terms tlie High Court of public opinion.

The Avriter, although he admits that the question has been judicially settled against him, then goes on to review the late action in Avhich judgment was given against him in the Resident Magistrate's Court, and then administers what he terms a very salutary dose of doctrine to the R.M. and proceeds to instruct him (the R.M.) and all other Magistrates as to how tbey are to proceed >in the exercise o£ their judicial functions in similar cases Now, he had his solicitor at his side during the hearing of the case, Avho fairly exhausted the whole arguments in favor of his client, but this does not satisfy our Chairman, who ought at once to have given notice of appeal, and not hark back on the subject noAV. , , , ~„ , ,„,„ „

Now, I am no bush laAvyer like glish, but my opinion is that tho Resident Magistrate's duties in connection Avith the Valuation Roll caase and determine Avith Section 34 of the Rating Act, and he has nothing to do Avith;the. compilation.of the Rate Roll, which is left to the local body to arrange from the. Valuation Hollas re-ceiA-ed by them from the Judge of the Assessment Court. I admit that if the Rate Roll or Book is in any Wspect at variance with the Valuation Roll then the Magistrate can take action, and in tha* case Mr Dalglish would have got clear of his two years' rates, as he expected to do. Now, after :the Rate Roll is signed by three members of the Road Board, and is at all times accessible to the ratepayers, anyone can appeal to the local body against the Rate Book on any of the grounds set forth in Sub-sections 1 to 4of Section 42, to which, and the following section, I beg to draAV Mr Dalglish'■ attention, as he has had frequent opportunities of inspecting the Roll, and never took any objection to it by applying to' the Board or otherwise, but the fact is he does not like to part for i his rates if he can get out of it by a fluke.

The writer then states that the Okain's Bay Road Board " rise superior to Parliament." This, from such an exalted authority as Mr Dalglisli, must flatter the members of the Board immensely (but I'm afraid no one will believe it), as, although they may consider themseh'es on a level with the County Council, they have never even aspired to be considered the superiors of that body, although presided over by Mr James Dalglish.

He further on makes the astounding assertion that Aye have no Rate Book. Well, in common Avith other Road Boards, we have a Rate Roll, and there Avere scrolls and rolls before there were books ; but as he hinged his defence in the late action on this ground, I will cmII it the Rate Book to distinguish it from the Valuation Roll, which I dare: say was the reason it is so called in the Rating Act. He also says that the Resident Magistrate characterizes this as a trifling irregulaiity which ought to be overlooked in out-of-the-Avay places like Okain's B.y. If so the-Magistrate showed good sense. However, I heard the Judge of 'he Assessment Court describe Mr Dalglish's objections as frivolous and vexatious, Avhich remark every one heaitily endorsed. And now hear how he Avinds up this part of his subject:—" Every one is aAvare that rates must be paid, but Avhat I wish is that proper steps should be taken to secure payment of them, and in this I am baulked." ' Now, this is very sad for Mr Dalglish to be baulked by the Okain's ; Road Board. But why did he not pay his rates ? and Avhy did he challenge the Board to summon him ? and Avhy did he instruct certain of the ratepayers not to pay any rates, as be Would get them all clear off when his case came -on? But lie' lost Ills case in the R.M. Court, and consequently was, as he said, baulked. But if the Board had allowed him to slip with his rates this year he Avould never have got the letter referred to written to the Mail. I will now shortly glance at the wi iter's principal objection to the Valuation Roll, and this part of his subject I can only characterize as a tissue of—well,'say wilful misstatements. At a special meeting of the Road Board, held in the Road Board Office on the 15th January, 1881, at which all the members Avere present, I, as valuer, laid on the table the Valuation Roll for the present year in proper form and duly signed, at Avhieh time the Chairman remarked, after it had been duly inspected, that he supposed it was all right, to which I replied that it Avas not a rod till it Avas signed by the Judge of the Assessment Court, knowing from Mr Dalglish's tactics that he Avas on tlie watch for the least catch to get me in a corner. A few days after, several of the ratepayers in Le Bon's Bay wished to see the Roll, as there Avere a number of alterations in some of the properties, and I told them that I would leave them''a copy of the Roll for Le Bon's Bay for referenceIn a day or two afterwards I got out a rough copy, and sent it to the Library in Le; Bon's $ay jjjthis I did merely to. oblige tiie'rktfiip'aydr and am ; in' no ; way ! bound to do so, as the bona fide Roll ■ must lie in tbe Road Board Office, and the copy

hitherto left in Le Bon's Bay has generally been marked with alterations and erasures by the ratepayers, for which reason I never sign copies so left.

Mr Dalglish's only objection Avas that

the Roll was not signed, and he was duly sworn and deposed on his oath that he saw the Roll in Mr Barker's possession on

le 29th of January, and then it was not

signed.

Mr Barker was then sworn, and deposed on oath that the Roll was then signed, and had been so on the 15th of that month. Mr Moore and others stated the same, although not SAVorn.

I Avas then duly SAVorn, and said that I signed the Roll in presence of all the members of the Board on the 15th January, and paid no further attention to it until it was produced at the Assess ment Court. I further stated that T never signed the copy lodged in the Library, Le Bon's Bay. The Judge then stated to Mr Dalglish that the weight of evidence Avas against him, and he would sign the Roll.

It seemed strange to more than me to see ihe reckless manner in Avhich Mr Dalglish gave his s\vorn testimony, as wo all knew lie Avas wrong. Had he only, sworn that he thought so, or believed so, or in any. other Au/ay qualified his assertion, it Avould not appear so very bad, but I am inclined to* think that in this case he only wished so, and the wish was [farther to the thought. One other objection brought forward by Mr.Dalglish was that the "whole of the Valuation Roll Avas not numbered. I admitted that through an oversight on my part two sheets had not been so numbered, «nd that; I jbad been , made y acquainted with the fact hp seeing Mr Dalglish gloating over that portion of the Roll Avith 1 his Argus eyes at the meeting on the 20th January. I, however, decided to allow it to remain as it wasi and leave the correction to be made by the; Judge. Tlie only objection was laid under clause 6 of the 4th schedule of the Act, which says, tl State any inaccuracy in the list which the objector desires to be corrected," Avhich was done, to the evident chagrin and discomfiture of the objector.

Mr Dalglish then informs us that he intends to object again Avhen an opportunity occurs; but I have seen as likely things occur as that Avhen that chance happens his name may not be on the Roll at all. He then Avinds up with a quotation from a celebrated political Avriter, Avith whose Avorks he is entirely unacquainted, about the moral senses of public bodies, like some individuals', getting blunted, He will hear more of this anon at a meeting of his constituents in this district, who sent him to the County Council as their representative, and whose interests he has persistently thwarted and betrayed ever, since.

And now I will conclude this very much too lengthy epistle, which I wo-ild never have troubled about if I h d not been requested to do so by a number of the ratepayers Avho wished 1o hear tlie other side of the question, as being more trustworthy than that already published, by recommending to Mr Ddglish's attention the old saw, "Ne sutor■ultra crepidam."—! am, etc, ; DAVID WHIGHT. P.S.—I infer from the concluding paragraph of the letter that Mr Dalglish, with his usual effrontery, has contrived to worm himself into Mr Oliivier's confidence (which I can hardly credit), bul if so he has evidently betrayed that confidence,*aa anything that he nmy allude to in that paragraph was at the time of his" letter being Avritten utterly, unknown to any one member of tbe Board, and is so still ', but there is a sealed letter from that gentleman addressed to the Chairman of the Board, and which Avill be opened and read in public meeting to-morroAV, that being the usual meeting of the Board, and is always open to the ratepayers, when we may be informed as to Mr Dalglish's meaning, Avhich is rather hazy at present. . D. W. Le Bon's Bay. r March 25, 1881.