MUNICIPAL COUNCIL.

Cromwell Argus, Volume I, Issue 16, 2 March 1870, Page 5

MUNICIPAL COUNCIL.

The first meeting of the new Council was hold in the Chamber on Monday evening, at 7 o'clock. Present—The Mayor (MrG. W. Goodger), and Councillors Burros, Kelly, Dagg, and Whether. Miuutcs of a meeting held on the 14th inst., and of proceedings at the eloction on the '22 nd, were rcid.

Or. Kelly said that before any other business was taken up,- he would move, pro forma, the motion of which ho hail given notice a fortnight previously, viz. :—" That all acts done since the 2nd of August 1889, by those persons calling themselves Mayor and Council of Cromwell, be declared null and void, and that the minutes of all proceedings by the assumed Council be expunged from the minute-book." Or. Whetter pointed out that the confirmation of the minutes just read must take precedence of all other business.

The minutes as read werp thou submitted and approved.

I The Mayor apprehended that such a motion as that brought forward by Cr. Kelly was quite unnecessary. If all the proceedings of the late Council were not null and void, then he (the Mayor) could not occupy his present position. He would, however, be glad to hear the other members' views on the question. Cr. Burres rose to a point of order. The Standing Orders provided that the consideration of correspondence should constitute the business next after the confirming of the minutes. This was admitted, and the following correspondence was then read by the Town Clerk : " Council Chamber, . (( "Cromwell, 19fch Feb. 1870. "Sir,—l do myself the honor to address you on the subject of subsidy due to this Corporation for the past half-year—ending 3lst .July, 18(59. Owing to my having been deposed by Mr Whetter ! and his party, who assumed office in August last, I was not aware, until this moment, that the Government had declined to pay over the subsidy due to the Council on the amount of rates collected (f for &) up to the above date-viz., £B6 os 4id,—which they are entitled to, the empowering act saying that they are entitled to receive £ for £ for the three years following the expiration of the first two years of the Municipality's existence. I thought that matter was set at rest when I explained to the then Provin- ' rial Treasurer that this Corporation had complied with the conditions of tbe Amendment Act passed by the Provincial Council in 18G6, and made law by His Excellency the Governor's agent (21st March, 18(57) six weeks after this Corporation had struck their rate. This they had overlooked, and they said, in answer to my letter pointing it out to thein, that they had made a mistake, ami upon re-consideration they would forward the amount, and they did so. " I trust there will be no further delay in the money being forwarded (£B6 os 4£d), as it is much required by the Council.- I have, &c, "Gko. Jexour, Town Clerk. "To the Provincial Treasurer, Dunedin." Letter from M. Connellan and party, informing the Council that unless the sum of £43 155., due on account of rent for water-race, be paid

within oiie mouth from 26th February, legal proceedings would be taken to recover the same. From Dr Corse, applying for a lease of ground on the soutb side of Meimore-street. From Messrs Taylor aa-1 Marsh, intimating their compliance with the Council's request that they shouM act conjointly as assessors. In regard to Dr Corse's application, the Mayor said it would bo for the Council to deal with the question of the buildings already erected, but he would not like to see more buildings put up on that side of the street. He would suggest that the land should first be obtained from the Government, and the Council could then make what use of the- land they considered best. Cr. WnBTTKR moved that consideration of Dr Corse's letter should stand over till next meet-ings-Seconded by Cr. Burres, and agreed to. In reference to the next item o£ .correspondence, Cr. Kelly moved that Messrs Marsh aud Taylor be requested to proceed at once with the valuation of town property, and to report to the Council as early as possible.—Agreed to. Messrs Conuellan atid party's letter was ordered to lie on the table till next meeting. Cr. KELLY then introduced the motion brought forward by him at the commencement of the meeting. He said that all the acts done by the " assumed" Council were either legal or illegal, and before anything further was done by the present Council, it was necessary that all records of the proceedings of the usurpors and impostors should be blotted out.

Cr. Whetter wished to know how the thirtythird clause of the Municipal Corporations Ordinance was to be got over ? With the permission of the Council, he would read the clause :

"No person shall act as mayor, councillor, or Auditor, without making the declaration hereinbefore required in that behalf, or without beinc duly qualified at the time of makino such de° claration, or after he shall cease to be qualified according to the provisions of the Ordinance to any such office : Provided that all aots and proceedings of such person so acting as mayor, councillor, or auditor, shall, notwithstanding such disqualification, he »3 valid and effectual as if such person had been duly qualified."

Whatever view might be taken with respect to the right of the other members of the late Council to hold office, it certainly could not be denied that Messrs Burres and Dagg were, duly and legally elected ; and on that ground, if upon no other, he maintained that the acts of the late Council should he held to be valid.

Cr. Kelly : Why, in the name of wonder, did you descend from the proud position of mayor to that of councillor, exoept you were disqualified by law ?

Cr. Whetter : Can you explain this clause?. Cr. Kelly : I have a better head to argue the question than you haye, or any other man in your boots.

Or. Whkttbr : If I wa* not mayor, why was I allowed to hold cilice ? why did Mr Goodgcr allow me to sit ? You know very well that the question is not settled ; I. have succumbed only on account of the expense of defending tile case. However, as your motion has not been seconded, it must fall through.

Cr. Kelly : I have no motion to bring before the Council: let the question bs decided by law. Qr. Bubrrs said ho had hoped that all past gijvanoes would be laid aside, and that the councillors would endeavour to work together for the invests of the town ; but he regretted

to say that thoy appeared to bo as fur fr mi ha •- m mising as over thoy had boon, lie woulu Uto to know how it was proposed to recover uio funds disbursed by the "assumed" Councilor who would bo hufcl liable tor the repayment of them, if the proceedings of that body were de« clarod illegal ? Unless some degree of harmony were restored ia the Council, thoy might as well not meet at all. He therefore bogged to move—• '* That the minutes of all meetings held by tho Council (assumed or otherwise) from the Is, August up to the present time, (the same boiu t duly recorded), bo not expunged, but that thoy remain as they are ; and that this Council ara fully satisfied wich those minutes." lhe Mayor said ho had from the first decla.ol the acts of the late Council to be illegal, and he was'still of tho same mini oil the subject. Cr, Dago seconded tho motion. The voice of .tho people was with the " assumed " Council, aa it was called ; and it would be no benelit to tho town to cancel tho past proceedings of that body. At the request of Cr. Kisllv, The Mayor again stated that he could not hold office unless the minutes of the late Council were expunged. • Cr. BubUes Would still press his) motion. Cr. Kklly accused Cr. Whettcr of having, in his capacity as chief of the " pseudo Council," " abst—t--d " Corporation funds from the Bank, and of having'oominitWd other irregularities Cr. WhettEß, in reply, said that if such had been the true state of the case, it was not at all likely that the ratepayers would havojre-elcctorl Councillor Dagg and himself to the Council. It was rather strange that the ratepayers had not considered it necessary to hold a public meeting and denounce the late Council as "impostors and usurpers." The Mayor said he must decline to put the motion : it would be illegal. Cr. Buures said that without the concurrence of the Council the Mayor could do nothing, and if he refused to put the motion, it was useless for the Council to meet.

The Mayob did not see any other way of gettin-; over the difficulty except by calling a Meeting of the ratepayers to decide whether or not the moneys disbursed by the late Council were or were not legally expended. He would adjourn the Council anil consider the matter, and would then convene a special meeting. The Council then adjourned for a fortnight.