THE RIOT ACT.

Dominion, Volume 7, Issue 1989, 20 February 1914, Page 8

THE RIOT ACT.

IN STRIKE TIME.

[MAYOR AND CHIEF JUSTICE'

WHO IS CHIEF MAGISTRATE?

LIVELY SKIRMISH AT THE CITY COUNCIL

Giving evidence in the Supremo Court recently, a police constable stated that the riot outside 'the Royal Tiger Hotel, in Taranaki Street, on" the night of November 4, continued from 8 o'clock to about 11 o'clock, to his knowledge. The Chief Justice (Sir Robert Stout) immediately asked: "Were the authorities aware of this riot going on so. long? I don't undersfandi" ' he continued, "how.it was allowed to go on so long, and the Riot Act not read, If that had taken place in England, and the • Magistrate didn't read the Eipt Act, the Magistrate would have been indicted." To the above-mentioned incident the Mayor of the city, Mr. J. P. Luke, made reference at the City Council last night. His Worship, in short, held that he was the Magistrate referred to, and he-.expressed resentment at the Chief Justice's remarks.- The fact that the Mayor refused to allow councillors to speak oii'the subject he had opened up led'to'a verbal zephyr, Which is reported herewith. , His Honour's "Reflections," • The Mayor opened the matter by saying that he wished to make ?, statement concerning the "reflections cast upon tho Mayor'of the city" in connection with affairs arising out of the strike, i Mr. Luke thought that ths remarks-of ! the Chief Justice, did not do him credit. Ho thought that froni a man .of such capacity and learning, who had been honoured by the King, and had onjoyed the goedwill of the people for many greater consideration for the feelings of .others might have bsen expected. The Mayor said that he was the Chief Magistrate of the city, and the reflections applied to him. He considered, therefore, that ho liad the right to express himself on the statement. Tho position was that the City Council and the Mayor had no control over tho police at all, whoreas in the Old Country the police (except in Loudon) were under the control of the borough councils. The morning after the riot took place in TaranakL Street, Mr. Luke sent a letter to the Prime Minister, saying that he would, take control of-tho".. civic side of-affairs, deal with the closing of hotels, etc., and that if the Riot Act was to he read it should be read by the Chief' Magistrate, and not by tho.Stipendiary Magistrate. ■To these suggestions, said the Mayor, Mr. Massey agreed. Hotels were closed as occasion required. The reflections of the Chief Justice were in striking contract to the approval which His Excellency. the Governor had ex* tended to Mr. Luke. Further, the ' Prime Minister had stated to thousands of people assembled in the hall at Buckle Street' that the Mayor had done everything to maintain order in the city. The statement did net redound to the credit of the Chief Justine. If the Riot Act had been read insurances would have gone by tho board, arid the passions of the people would have been roused if tie military .Iliad"taken-'charge'of the city, Mr. Luke thought that the city was to be '.congratulated on there being no loss of life during the industrial trouble; -•• ' Councillor Begs to Diner. Councillor Hindmarsh said' that the Mayor seemed to be under a- misapprehension as to his position and as to the words of the Chief Justice. The words "Chipf Magistrate" had a meaning in the Old Country—— . , The Mayor; They ,iave a meaning here. . '' Councillor Hindmarsh said that in this country the senior Stipendiary Magistrate was the Chief. Magistrate of a oity. The Mayor: I cannot allow you to go J any further.' The Mayor of this city is j the Chief Magistrate, and he takes pro* | cedeuce. He took it on this occasion, i An Altercation, Councillor Hindmarsh: I claim the right of reply. Tho Mayor: You can't. Councillor'Hindmarsh: I claim tho right- 1 — The Mayor: I must ask you to resume : your seat; -Councillor Hindmarsh: I refuse to resume my seat. • • The Mayor: If your don't, I must do one of two things—ask somebody to re~ move you or vacate the chair until you resume .your seat. Councillor Hindmarsh: When you mako misleading statements I claim the right to reply. The Mayor: Will you resume your seat? ''-,''' Councillor Hindmarsh: I will not. Tho Mayor: Will you resume, your seat? Councillor Hindmarsh: No. And I protest against it. Tho Mayor: I ask you to resume your oeat or I must suspend the council. Councillor Hindmarsh (sitting, down): You have no right to do- it. Councillor 'Fuller (addressing the Mayor): I think you take this matter rather seriously. The Mayor: I must ask you to resume your. seat. (As Councillor Fuller sought to continue): Will you sit down, plenso? Councillor Fuller (sitting down): lam verv sorry. - Councillor* Fletcher; Do I understand that when the Mayor makes a state* ment every councillor has not a fight to speak? The Mavor: Not without n./resolution. Councillor Hindmarsh: What light hav© yon to speak without a resolution? The Mayor (to Councillor Fletcher): I must ask you to resume your seat and suwrort the, Chair. . _ Councilor.Fletcho'- said that he always respected the Chair. Councillor Ftindmaysb: K*s make'! n statement and won't grant; the riglit of reply I ■~'... Action Becomes Cenoral. Other business', was "taken for a few minutes, and then Councillor Botcher asked.leave to move that the Mayor's ruling' bo'.disagroed with. "Tho Mayor: I won't put it without notice of motion. . .

Councillor H,mdrnarsh: "Then I. move the adjournment of the council. R is clear that'until we have t-injo to consnlt the standing'orders and see where- w - o aro in matters of _this sort business cannot proceed- with that harmony which should' exist when business Ift being'done.' It seems to l mo that the council'at its very next meeting should go. into this question: whether the Mayor,.,without notice of .motion before a.mcctirig, canspealras long as he. likes and on what subject ho.likes, and make reflections upon us councillors or Wen well-known men. I am'not allowed to reply; Wo can' all see what tli.it would.lead to. 'If is'a despotism that cannot' be allowed-'in-'a free institution of. tliis sort." Finally he suggested that tlio ■ passage' of liis motion would he "a'proper rebuff to the Mayor, beca'uso you all know''that ho has not acted properly." 'Councillor Fitzgerald seconded the ■motion. While' he considered it quite right that the Mayor should defend the public position that he filled, if this precedent were established some future •Vayor might the right of

attacking public; men without allowing any reply'to'be made," i '_"', Councillor Buddie said that, in his opinion, the Mayor's, ruling was wrong, ami should not-'be allowed to stand. Councillor Wright'maintained' that the Mayor'had ruled properly, and in accordance with- Parliamentary procedure. When tho Mayor refused to permit the discussion to continue- there was no motion beforo .the council. Councillor 'Hindmarsh; I was going to movo a motion. •■:■ •■' - • The Mayor: I am quite_ willing, to go on my trial;' only do it in the' proper way.

Councillor Fletcher:. I moved that the ruling be disagreed with. '■• '.' ■• Councillor Wright said that in Parliament a Minister very often, mado a. statement or a_ paper was'laid'on tho table, and a discussion arose. Then, if no motion was moved, the discussion could not go .on. ■-:'.._.. Councillor Fletcher, while commending the conduct of-the Mayor- in not reading - the Riot ; Act; -considered that the latter had not done himself credit in refusing to permit discussion. Ho suggested that-■ .Councillor" Hindmarsh should move that-the council adjourn for ten minutes. -.•• •To this Councillor Hindmarsh agreed. Councillor Htslop endorsed the view that the Mayor's ruling was wrong, and said that he would, support the motion for adjournment.' '' .

■ the Mayor Sn Reply, L The Mayor said ; that he did net think-: it would*be fair, for.'the council to come to a deeision on the references he had made-that night. There was-no provision for a motion in' reference to the matter. : Any resolution approving or condemning his conduct could bcj given notice of in the ordinary way, a.»d discussed at tlie next meeting. He had never been at' loggerheads .with the council, and did not wish to get iiitp that position now. '!If I have made a mistake to-night," -lie remarked in can- 1 elusion, "you have your opportunity, in a fortnight's time,' to prove that I made & mistake. I hope that you won't adjourn the council.'". ' ' ■•• _ ' Before the motion-was put, Councillor Fuller expressed'a desire to-speak, "outof fair play to-the Qhief Justice,'', but was ruled out of order. On the Casting Vote. A vote was then taken, and resulted as follows i l — For tho adjournment: Councillors Fitzgerald, Fletcher, Fuller, Hindmarsh,Hislop. and Tregear. Agahvit . the adjournment: The Mayor, Councillors Buddie, Godber, Luckio, Thompson, and Wright.-, The result being. a tie. (sis votes to six), the Mayor-gave his easting vote with the-"NooSj" and declared tie motion defeated.