ORDINARY MEETING.

Clutha Leader, Volume IV, Issue 190, 1 March 1878, Page 6

ORDINARY MEETING.

An ordinary meeting of the Council was held at two. o'clock. There were present : Messrs H'Nbil (Chairman), Jowitt, Bbugh, Scott, Dallas, Scobie, and Ayson, Mr Roberts was also present. BOBEBTS' CASK The following petition aad correspondence was read .— - To the Councillors of the Clutha County .yy yy. ,-:•-•■■ Council. ; --•-.. . Gentlemen,— Having handed Councillors Scott and Scobie, for presentation to your Honourable Council for its consideration, two resolutions which were unanimously passed at a meeting of the electors of Briigh Riding, held for the purpose of considering the action of the Council re withdrawal from receiving nominations for a member for that Riding, .as ,per, advertisements in j^tUTHA Leadbb of Feb.,B and 15, ,aud as we, insider the. action of tne Chairman and Clerk most unwarrantable, we theref ore^ feel justified Iri* solfcitiiig 'your support, aa it is ■ our only redress for a wronjg-which we < *eel has* been most unjustly inflicted upon us.r- We. are, &c, : Albxandi-B Obb Hbotob M'Ej-itzib Thomas Kpra NeilM.'K.nnon \ John M'Larbn Patrick Kban -"PETE!. M 'AIiISTEB '«1 OHN CCABKB ' ' Daniel Clabkb James Phillips i-The "following are tho resolutions alluded toabove:— '■ '■:.. '-"'"- ". -"" : ; - - ,; -' --'".- --" «* That the Councillors of the Clinton Ridfag be* requested 'to ask- the, Council to confirm Mr, P/f Clarke's-- nomination, and ,a.Bo to ask -the Chairman of the Council by what authority he the receiving of "the nonimafcionin"'spJH>sit^ an " paired in the CLOTHA'-l-BiDHR tby the GounciF_" ". "' Jxtiax^A'AXysyy, ~ :*. { ,v- /yy I %;.-y&.. A'*'Thatla ,Tote,of (■•ensure be passed .upon toe lafeCrepresehtetive-of the ;Brugh. Riding in thej. Cariftia .County 'A CouiijiC , Mr; F.-Roberfa^as; -tire. Biding T l^tb«Bii virtuaHy; 6s_franchiwl"dm»;ig' y liiS TeprMerita.ti6n'6f ; it,* he having" never exerted hnnselfSiri>thfl [slightest degreeitbs advance the. A ?Int«resfc*i;iof 9the»district -he 4Kad* the honojir, toj As represent* arid jW he ought'tp hay^i re :; T^ AASfljj_^._i£^&^ Ao^^ Xy^^^^M^y-h^- ;i#A ifi^iitmymfi^x A^yy XXXsiXAi XX i aAaXX' -- 'A- ' j- XX-.-. ... .-'-• shn^i^-iX-Aj--

necessity of the. present proceedings, the onus of whichi^we consider, ftlone reats with him." AA 'A '";' xA ''?'. "^feha, _?ebV7, J IB7B. Sir,— .l have the", honour, to inform you tha.t there' is an extraordinary vacancy in the, office of »<emberof the Clutha County Council- for the Brugh ißiding. "occasioned ' by the absence from four consecutive ordinary, meetings of the said Council. , without leave, of the Council, of the member for that Riding, Fitzclarence Robert"?, ..Esq., You are '.therefore \ required tp take such Btep-'as maybe necessary under Section 46 of the' Regulation of Local Elections Act, li_76, to have the vacanev filled. — I am, &c.; : . ' --.-?, W. Henderson, County Clerk. A ; T.. Paterson, Returning Officer. i ! J Balclutha, Feb. 15,1 878.: '. SltC — i hereby' give you notice that I intend to -take my seat at the next meeting of the I County Council as the member for Brugh A I do so in . consequence of the illegal, action ,of your, Council in declaring my seat vacant .on, the 7th. >' fact of Which at present I am unaware;— l araV&c, ' - ' - : ' -- - "- F., Roberts. The Chairman, Clutha County Council. . A: 'As- A.. .Balclutha, Feb. ,15,1878. . ; Sift,— l have been instructed hy the Chairman "of the Clutha County Council to countermand 'the election ' of a member^ for Briigh Riding iri place of Fitzclarence -Roberts, Esq., as it. has now : been : discovered that .his seat is not really vacant. , r Any ; fresh ; election would therefore be illegal. — lam, &c, , / ; . ,i "..' "W. Henderson, County Clerk. T. JPaterson, Returning Officer.' ." ,/-•'" : Balclutha, Feb. 16, 1878. : SIR,— r As the nomination of candidates for Brugh Riding will take place on Monday, the 18th inst., at noon, I have to request that you will be .good, enough to furnish me with two copies of the Votern' Roll for that Riding. It being necessary that I should' leave Bilclutha early on Monday morning,'! shall feel obliged by you supplying me with the Rolls to-night.— l -am, fee., T. Paterson, Returning Officer. W. Henderson, County Clerk. Balclutha, Feb. 16, 1878. Sib,— l Have to acknowledge yours of to-day's date • requesting copy of , Roll for Brugh;Riding, and, iv reply, to. inform., you that there will.be no. election of a member for. the Ciutha County Council for that Riding in the meantime, as it, has .been discovered that the seat ; of F. Roberts, Esq., which was supposed to be Vacant, is not really vacant. You will therefore receive no nominations on Monday, first, and countermand the notice, of election in next issue of the Clotha Leader.— l am, &c, "W. Henderson, County Clerk. T. Paterson,. Returning Officer. [Telegrams.] Clinton, Feb. 18, 1878. Brugh Riding having been declared vacant and . nominations called for, I fail to find anything in" the Acts to enable Chairman or you to reverse this at present. If illegal, Roberts may protest. The Act on point disputed can be read in two ways, and the Council has already, by advertisement, given its decision. Anything contrary will lead to action here. Please serve Chairman with copy of this. Will be glad of reply. Robert Scobie. W. Henderson, County Clerk. Balclutha, Feb. 18, 1878. Mr M'Neil at Kaitangata. Back in afternoon. He stopped election. I W. Henderson. Robert Scobie, Clinton. Clinton, Feb. 18, 1878. i Mr M'Neil cannot stop election. Your position is most responsible for having acted under hia advice in such a matter. Councillors much annoyed thereat. You had better countermand letters connected therewith to Mr Paterson, and allow the nomination to proceed from certified copy of roll in my possession. Reply at once. Robert Soobie. W. Henderson, County Clerk. Balclutha, Feb. 18, 1878. Let Paterson receive nominations, and Council decide at next meeting. W. Henderson. Robert Scobie, Clinton. V Balclutha, Feb. 26, 1878. Sir,— On reflection after leaving the Council Chamber at your desire, I have no other course open to me but to take legal proceedings to compel the Council to receive me 1 shall not compromise myself; any further in this matter. I protest against , your holding an ordinary meeting to-day, as I also do against every meeting called by you since your re-election on 31st March, 1877. By section 67 of the Counties Act, the Council should appoint a day, not you, for ordinary business. — I am, ate., ; F. Roberts. The Chairman, County Council. The whole of the above documents were received,, Mr Scobie .said that as.his action and opinion in this matter were shown in the correspondence read, he would not take up the time of the Council by making any remarks at that stage. He moved that the resolution of the electors of Brugh be confirmed by the Council. Mr JOWITT said he would like some explanation from the Chairman as to the reason for the election being stopped. The Chairman said that near the close of last meeting of Council the Clerk called his attention to ,Mr Roberts having been absent from four ordinary meetings. He (the Chairman) then gave his opinion that he had only been absent from three meetings, and that he would require to be absent from another one. before the seat became vacant. He was informed that after last meeting was over, some of the Councillors had spoken to the Clerk upon the subject, and got him to write to the Returning Officer that a. vacancy had occurred, and upon getting the letter from Mr Roberts of 15th February he had consulted the Clerk, who agreed with. hiVn that the vacancy had not occurred, and he, therefore, asked him to stop .the proceedings, for the election. He had no wish to have Mr Roberts kept in office ; indeed he bad told that gentleman ,ye.ry plainly what his own and the opinion of the public was with reference to the course he had pursued, and wished him to resign, but he thought it much better notto complicate matters by electing another member until the question of the vacancy, was considered and decided by the Council, Haid thei election been allowed to go on two members might have insisted upon taking their seat , at the board -to represent the. same riding, and the; position' of the Council would then, have been very awkward.. In reply to Mr- Dallas, the Clerk said he had instructions trom the Chairman that the election should go on before tbe advertisment ' -appointing the nomination appeared. The Chairman said 'that ■'• after he heard Councillors were of opinion that a vacancy bad *oc'3urred v lie had no wish to prevent the 1 election ' ibeing gone on with, but after hfe got the letter ifrom Roberts, he.thought it better for the treason he had stated that it should be stopped for jthe time being. , .A ;-.',', -,'-, t ; ' IA At the request -of Mr Dallas the Clerk read j parts of. the- minutes, of ; the .ordinary ; meetings. JThelsminute of last ''annn^meetfng jltore jthat. ■after the statutory, business of : the meeting was )over?i"the Council then -proceeded to ordinary 'bu-iness.'-A .Aiy.y.\ -.: -->'■•:-';;•'- Xy : A. •--••>■,..) i .'l'v'y^ A:>«i* '-n^iii

Mr RpßEßTS,Sß,id_he., protested against, all the ordinary meetings since" 31<jt March last, these having been called by : ;the Chairman ;instead of being held at stated times- fixed by the Council as required by the Act. A discussion ensued as. to, y- hether or not the " proceeding to ordinary, business " at the close of the annual meeting, constituted an *. ordinary meeting " in the : meaning of the Act. The Chairman held it did not, but the majority of the Council considered it did. yMr Soott seconded Mr Scobie's motion. He thought that if irregularities had occurred in the past, it was time for the Council to have the business .conducted strictly in. accordance with the Act. If any member absented himself from •four meetings he oertainly ought to resign or his seat be declared vacant. Mr Dallas moved as an amendment— " That this Council considers that £our consecutive ordinary meetings .have -been held, from which Mr Roberts has absented himself without leave from the Council ."" He' considered this -would meet the case, and if it were carried the election could be proceeded with. ■ . ' : Mr Scobie held that the Council had already expressed its opinion' by the' advertisement that had appeared calling for an election. The Chairman did not think so, and a brief discussion, followed. Mr Jowitt was of opinion that Mr Roberts had not been absent from four consecutive ordinary meetings, but he also held the opinion that Mr Roberts had never been a member of the Conucil . He moved anothev amendment — ' * That this Council being of opinion that Mr Roberts : never, was a, member of Council the election be proceeded with." Mr Dallas withdrew his amendment and seconded that by Mr Jowitt. Mr Ayson said the Council had nothing to do with the election, as the duties in that matter were- laid upon the Clerk by the Act. Mr Paterson, Returning Officer, being asked as to the proceedings .afc the nomination, said that Mr Daniel Claik had been nomiuated, but he ( Mr Paterson) read to the electors the letter he had received from the Clerk that no vacancy had occurred, and told them he could not receive the nomination. "With reference to Mr Jowitt's amendment, the Clerk read clause 48 of the Local Elections Act, which provides that in case of disputed elections a declaration had to be made within fourteen days by six electors before a Justice ot the Peace, the matter to be heard and decided by a Resident Magistrate. ' Mr Jowitt said this was a most extraordinary case.' Mr Roberts had deliberately absented himself from the meetings' and bad insulted the Councillors individually by not asking leave as required by the Act. He (Mr Jowitt) could not understand, a man forcing himself amongst them, or withholding his resignation under the circumstances. Ia the face of the clause of the Act just read he. could only withdraw his amendment — . Mr Scobie also withdrew his motion. Mr Dallas then again moved his motion as to the vacancy having occurred. Seconded by Mr Scott. Mr J owitt said he couid not support the motion as he still was of opinion that Mr Roberts had not been absent from four consecutive ordinary meetings, and believed if the motion was carried and iir Roberts took legal proceedings he \ would gain his case, which would place the Coun- | cil in a very undesirable position in the eyes of I the public. Mr Dallas said the case would be heard before the R.M. and. the expense, would not be great. He thought it would be better that the whole matter should come before the public so that they might know the part Mr Roberts waa acting. ! Several Councillors concurred. i Mr Jowitt* suggested that the whole of the Councillors should sign a requisition asking Mr Roberts to resign. The Chairman pointed out that that would be a very unparliamentary arid undignified course, but the Council might pass a resolution expressing an opinion that he should resign. A discussion'ensued. Mr Jowitt moved as an amendment — " That this Council is of opinion that Mr Roberts ought to resign his seat at the Board and that a copy of this motion be forwarded to him." Mr Brugh seconded the amendment. Mr Scobie considered Mr Roberts must have but very little regard for the interests of the in-, habitants of Brugh Riding, and have but a very poor opinion of himself if he continued to hold officeMr Dallas withdrew his motion in favour of. Mr Jowitt's amendment, which then was carried unanimously. The other business of the meeting was then proceeded with.