DISPUTED ELECTION

Dominion, Volume 8, Issue 2472, 27 May 1915, Page 7

DISPUTED ELECTION

HARBOUR BOARD CHAIRMAN QUESTION OF LAW LIVELY DEBATE AT THE BOARD MEETING V \ Personal recriminations and angry disputation made up no inconsiderable part of a discussion at the meeting of the Harbour Board last night concerning the election of the chairman at the statutory meeting some weeks ago. It may be remembered that on that occasion there were three candidates for the position. Mr. Daniell secured five votes, Mr. Harkness, live; and Mr. Jones, four. A proposal that a second vote be taken on the two candidates who had secured an equal number of votes was agreed to without expressed dissent, and the result of the vote was that Mr. Daniell, having secured nine votes to his opponent's five, was declared duljj elected. The chairman introducing the matter to the board, said that since the last meeting the validity of the election of chairman had been challenged. A letter had been received from a member of the board (Mr. H. L. Nathan), a letter covering a solicitor's opinion, and the matter had been referred to the board's solicitor. This latter opinion was in opposition to the opinion of Mr. Nathan's solicitor, and on the advice of the board's solicitor lie • was taking the chair. If any member wished to challenge that decision he might now do so. A Testing Motion. Mr. H. L. Nathan submitted his motion. "I deemed it my duty as a memlier of the board," he said, "to take this action. I had no desire to bring before the board the question of the legality of Mr. Darnell's election as chairman. It has been pointed out that there were irregularities in the election, and there can not be any doubt that the course followed was not that laid down by the statute. _ My earnest desire is . to havfe the position of the chairman made secure. If tliis is not done some very bis questions may be opened up. At present there is 110 need for me to suggest that any complications might arise, —that persons or authorities with' whom the board might. dealings might raise complications. There is no saying , what might happen in the future if some person found it convenient to assail the chairman's signature." I admit that the board has two opinions, one from the board's solicitor and one from my solicitor. I venture to suggest that both of those opinions are entitled to respect. With a. view to getting over the difficulty. I will move — 'That the board obtain an independent opinion from any King's Counsel they wish to consult, and whatever that opinion may be they should all accept it and act accordingly.' 'I hope," he continued, "that the : board wDI consider this from a broad point of view, and leave personalities out of the question." Mr. R. E. Sinclair seconded the motion. Mr, Fletcher is Aggrieved. Mr. li. Fletcher: I want to say right from the beginning that, to my mind, ! in all my connection with local bodies : this is the most despicable thing I ever came across. Mr. Nathan was present : at the meeting at which the election of chairman took place. I, as chairman, ; took steps to follow the ordinary procedure, and suggested to the secretary 1 to prepare for the drawing of lots. 1 That is the procedure when there is an £ equality of votes. As a matter of fact 2 there was not an equality of votes; ] there were three candidates, and the * clause in the Statute provides only for an equality, when there are two candi- ' dates. It was pointed out that this i was not a sound procedure, and it was : decided that a second vote should be ' taken. That proposal was put to the ' board, and it was unanimously agreed that a 6econd vote should be taken. That was the time when Mr- Nathan should have spoken. But, instead of that, he adopted this_ submarine method , of attack. I say it is to be deplored. Mr. Nathan here raised a point of order, but the chairman did not rule . Mr. Fletcher out of order. Mr. Fletcher accused Mr. Nathan of having divulged committee proceedings ■ to outsiders during the two years of : his membership. Mr. Nathan: State cases. Mr. Fletcher: "Yon can speak to the ;bair afterwards. I don t want to speak to you at all." Addressing the chair again, Mr. Fletcher declared that ho believed Mr. Daniell had been properly elected. "I challenge Mr. Nathan," he said, "to go to the Supremo Court and make an attempt to unseat you." Mr. J. W. M'Ewan said he thought it was rather unfortunate that Sir. Nathan should have taken the course he had. Ho failed to see why the board should support the motion. The onus of dealing with the question should rest on Mr. Nathan and not with the board. Mr. C. W. Jones said that a majority of members had voted to select Mr. Daniell as chairman, and he thought it was "bad form" for anyone to try to upset that election by a round-about way. "I must express some surprise," he said, "that Mr. Harkness, as the 1 member concerned, has not said anything to relieve the .board from this position. . Had I been in his position, 1 I would have said, 'Well, gentlemen, I haven't a majority, and I leave it to : you.' Apparently, ho wants to rely on this other method, and so get him- i self into the chair." Mr. Nathan : Mr. Harkness had nothing to do with this. ; Mr. Jones: It was his silence of which I was complaining. I was not referring to your silence. I can't accuse you of that. . . ; Things are very different from what I have 'been accustomed to since I have been a member of the board. We have fought in tho past, but we have always Deen very 1 straight. I wish to express my distaste for the present position. Mr. Harkness and Mr. Fletcher. Mr. J. G. Harkness said that since he had been a member of the board ho had always played the game. 110 had been beaten for _the chairmanship, and he had taken his beating fairly. Ho had no desire to see Mr. Daniell vacate the chair, but he did wish to see him ficcupy the chair legally. He had had no part tn Mr. Nathan's action, but he considered that at the time of tho election Mr. Fletcher should have caused lots to be drawn. Mr. Fletcher: Why didn't yoit ask for it at tho timo? You heard me speak to the secretary about it. Mr. Harkuess: Why didn't you stick to it? It's like all your opinions— you don't stick to them. Mr. Flctcher: Why didn't you ask for it? Mr. Harkness: I was in a delicato position then. Mr. Fletcher: You hadn't made up jour mind. A Matter for Regret. Mr. J. G. Cobbo said he was sure matters were all agreed about one thing—that, it was a. matter for very d<?ep regret fnat the matter had been introducer] as it had. Tho proceedings of the board had always been marked r.v friendliness and Gentlemanly conduct, 3'fld he regretted .yejcz, sjuch the^

present exhibition of feeling. As for the election, ho would ask members \yhafc other course could hayo been t'aicen. It would have been ridiculous to draw lots. It was surely the wish of members of "the board that tho chairman should hold office with tho support of a majority of members, and this result might not have been achieved by the drawing of lots. Supposing there had been live candidates at tho election, and that four had secured tluco votes each, and the other man two. Was it suggested that the chairman should put four names into the ballot-box and havo one paper drawn out in order to chooso a chairman? Mr. Nathan: Yes; that is in accordance with the Act. Mr. C'obbe: Nothing of the sort. Ho argued that with such a procedure a man might hold the chairmanship with tho support of himself and two other members. Mr. R. A. Wright said he intended to support tho motion because he thought it was in the highest degree important that the chairman jlhould -hold office legally. Otherwise serious troubles might arise later. Tho common-sense proceeding seemed to be to consult one of the best legal men in the town, and if the opinion obtained was that Mr. Daniell was legally clected there was no more to be said. A Matter of Duty. Mr. A. H. Hindmarsh said he did not agree with what Mr. Fletcher had said—that Mr. Nathan should not have raised the question. If a member of tho board thought the chairman was not properly elected, it was his duty to challenge the procedure. Mr. Fletcher: Ho should havo done it at the time. Mr. Hindmarsh: "It is all very well to say he should have done it at the time, but he might not have The knowledge might have co:.:o to him later." He thought, however, that the board should carry on with Mr. Daniell as chairman. No finality would bo attained by taking a legal opinion. If any citizen of Wellington wished to take action, it'was open to him to do so by going to the Supreme Court. He declared that Mr. Harkness had shown "nothing of the sport in the matter" because he could have, if he had chosen, set the matter right at once. He suggested that members of the board would never support Mr. Harkness again. Mr. MacFarlane: They haven't said that. Mr. Hindmarsh: Well, I say it. Mr- MacFarlaiie: Very well, you say it. That's a different matter. We know very well you wouldn't support him. (Laughter.) At intervals while Mr. Hindmarsh was speaking members of both factions in the board had risen to points of order in respect of personalities in Mr. Hindmarsh's speech. The chairman did not sustain any of the points of order, however. "Tho Highest Tribute." , Mr. Harkness (in personal explanation): I am sorry that members round the table have objected to the remarks that fell from Mr. Hindmarsh, because from that gentleman I esteerii them as the highest tribute to my capacity or ability such as it is. I wish to say this —that if it is necessary for the chairmail to retire, I should feel it an honour to propose you, sir, as chairman again at the new election. Mr. Nathan (in reply): Mr. Fletcher has accused me of divulging confidential information of what on at meetings of committees. I give that an emphatic denial. Mr. Fletcher: It is quite true. , Mr. Nathan: That statement I gave ] to the paper the other day was my own , lawyer's opinion, and [ paid for it. j Mr. Fletcher: Why didn't you give . them the other opinion, of our solicitor? . Mr. Nathan: Because I regarded that ' as confidential. As . for the rest of Mr. Fletcher's remarks, I shall treat them with the contempt they deserve. ] With respect to' yourself, Sir, I have j already informed j'ou that 1 would like j you to remain in the chair, and it is not with the desire of unseating you ( that I have raised this point. I want f to see your position secure. That is ' my only motive in bringing this thing ] forward. I must admit that there is not much encouragement for a member to bring _ forward something that ho thinks right if lie is to be spoken to and subjected to bickering as I have been. The Motion Lost. A division was taken on the motion, and it was lost by 8 votes to 6. Following was the joting: — For the motion: Messrs. Cable, Harkness, MacFarlane, Nathan, Sinclair, Wright. Against: Messrs. Cobbe, Cohen, Daniell, Fletcher, Hindmarsh, Jones, M'Ewan, Watson.