SUPREME COURT.

Dominion, Volume 7, Issue 1960, 17 January 1914, Page 3

SUPREME COURT.

THE KONINI RIOIN9 CASE. RATE UPHELD. - Tlie judgment of tho Chief JunUco (Sir Robert Stout) has been dcliverwl in tho taso of Wafrcii and othere against tho l'ahiatiia. County Council, an application for an injunction (•« prevent tho defendants levying a rnto of ljd. in tho £ on tho Koiiini Hiding ot tho County of Paliiatim, or from demanding anything in excess of a penny in the £; and also to require tho defendants to repay tho amount collected to any ratepayers from whom thoy had collected tho rato of J id-, or tho amount in excess of a penny in tho £. The allegation wag that, taking into consideration' the amount to tho credit of tho riding at tho beginning of tho year, and tho amount required to, bo expended, a larger rato was levied than was warranted, and it was suggested that this rato was levied for a fraudulent purpose, namely, tho creation of a balance 111 favour of tho Koiiini riding, with the intention of, as soon us this bnlanco was created, altering (perhaps enlarging) the boundaries of the riding, so as to take, in portions of other ridings which would benetit by tho money held in credit by tho Konini riding. His Honour said that tho rato lind. been properly loviod. It might bo that more money had been called, for than was actually necessary, btit tho engineer, who seomod ablo and impartial, said that far less monoy ooukl be done with. Thero wore affidavits by councillors and others that a moro moderate expenditure was necessary; but that was a matter for tho County Council, and ono -in which tho Court could not interfere. Tho only limit of rates was that 6xod by statute;, tho Court could not act as controller of their money. Thero was not ground for tho Court to interfere with the council by injunction. . ' The injunction was refused, and tlio action dismissed.