OUR MUNICIPAL LAWS.

Cromwell Argus, Volume III, Issue 149, 17 September 1872, Page 6

OUR MUNICIPAL LAWS.

To the Editor of the Cromwell, Akuus. Sir, —ln your leading article published in last issue, you point out certain grievances, and then suggest a remedy,—which remedy, 1 venture to think, you would not have suggested if you had possessed a more adequate knowledge of the subject discussed. With your permission, 1 will respectfully point out the principal instances in wh'ch I consider you have erred.

You state that "of ad the Acts upon the New Zealand Statute Book, that which seems to be most full of contra actions, and least easy of interpretation, is the ‘Municipal Corporations ■ Act.’” There is no Act in the Statute Book; with exactly this title. There is. however, one with a tit.e very similar, viz., " The Municipal 1 Corporations Act, IS if. ’ But, from the c ntext, 1 do not consider that you mean this one ; in fact, that your remaras do not intend to app!\ to an Act at all, but to a Provincial Ordina ice, viz., " I’lie Otago Municipal < ‘orporacions Uroinancc, 18115.” For 1 Hud that you quote the case (whieu arose at Tolcomairiroj as to whether i- au alien, a.though paving rates, and holding the right, which he exercises, of voting, can be elected to any iminteipil position of Jmaour” : this point was raised tinier the Ordinance, rot under the Act. Again, further on you object to a person who may have a vote in each of four : wards being able to gave four votes at (be i Mayoral election, beet use ho pays rates in each ward. This point, also, only arises under the 1 Ordinance. 1 think, therefore, I may safely assume that your nmarks were not, intended to apply to the Municipal Corporations Act, 18d7,' out t > the , Ordinance ; and as I can see no remark in the | whole article (exc -pt lit d as to a Mayor sitting j as a •).!’.) which s equally apphedde both to the I Act and the Oidinanca, 1 think 1 mat also assume that at the time you wrote the article, you were not aware of toe existence of the Act. li.nl i you perused the Act, you would have found it a | very great improvement upon the Ordinance. , d’he remedy you propose is, that the Legislatuie ! should refoiin the “ existing Acts and Amended 1 Acts re atuig 10 Municipalities.” But the first put of the Act provides that the (loveruor may, ] upon petition from the resident li mseholdeis, ; bring any city or town, whether incorporated ! before or after the passing of the Act, under the Act; and by section ddil, the .Superintendent of j any Province may bring any complete part of tun Act, except the lirsr, into force within cities, I towns, or places incorporated at the tune of the I pissing of the Act. As the Legislature, therej lore, have already done what you suggest they j should do, the bi.une lies not with it, but with tiie citizens themselves, as they do not utilise I what Parliament has already provided for them.

M itli regard to your remarks relative to a ' Mayor sitting on the 1 tench, 1 cannot see that you have made out any case. You say, “We think, also, it would be well that the honour conferred on Mayors of sitting on the bench during their teim of office were retracted ; in so far, at least, as regards the Mayors of country Municipalities.” You arc probably aware that in England Mayors have been ( incf .Magistrates within their Municipalities tor many hundred years, and seem, in that capacity, to have given* satisfaction. In New Zealand, ever since the “chosen of the people'’ were appointed d.i’.'s. T think they have also given satisfaction, particularly as compared with J.l’. s chosen by the Ministers for the time being, generally for political purposes. If your remarks went to the full extent of not permitting any person to administer the law who did not possess some knowledge of it, | then probably you would find many to agree with I you ; but. so long ns Justices are chosen without [ regard to technical knowledge, so lou ,r 1 think | the people who are most likely to sutler by incapacity should have a voice in the matter. ! Trusting, Sir, that I have not trespassed too much upon your space, I beg to subscribe myself,—Yours, &c.. Observer. j Cromwell, September Id.