FULL COURT

Dominion, Volume 12, Issue 241, 5 July 1919, Page 3

FULL COURT

CHAIRMAN'S EXPENSES

INTERESTING TO LOCAL BODIES An application was made to the Full Court lor a declaratory judgment, the parties being the Controller and AuditorGeneral, plaintiff, and the Eltbam Drainage Board, defendant. On the bencn were His Honour tho Chief Justice (Sir Robert Stout), Mr. Justice Cooper, Mr. Justice Sim, and Mr. Justice Herdman. Sir John 'Salmond, K.C., appeared for the plaintiff, and Mr, O. P. Skerrett, K.C., with him Mr. E. K. Kirkcaldio. for the defandant.

The question submitted to the Court for its judgment waa whether the Eltham Drainage Board was empowered by Section 14 of the Land Drainage Act, .1908, to acton the authority conferred upon county councils by Section 52 of the Counties Act, 1908, as amended by Section 15 of the Counties Amendment Act, 1913, and pay the actual travelling expenses, or pay a lump sum in lieu of travelling expenses to the chairman of the defendant board.

The facts as set out in the statement showed that on October 21, 1916, the Eltham Drainage Board passed l a resolution that the chairman should be paid a sum of in,lieu of travelling expenses. Stt'j'''"'" *i'"rwi>n"~' ~,lfl '''-" *' Madvice of < who considered that ijy vn'U: ': ■:.-.• - ; i 14 of the Land Drainage Act, It-.', and by Section 82 of the Counties Act, 190S, as amended by Section 15 of the Counties Amendment Act, 1913, the Drainage Board was entitled to voto a lump stini to the ■ chairman in'lieu of travelling expenses. The question submitted was: "'la the Eltham Drainage Board empowered by Section 14' of the Land Drainage Act, 1908, to exercise tho authority conferred upon county councils by. Section 82 of the Counties Act, 1908,' as amended by the Counties Amendment Act. 1913." Sir John Salmond, in opening, said that'the chairman of the Eltham Drainage "Board was paid a lump sum of .£OO in commutation of travelling expenses. That' payment was ' disputed, by tho Auditor-General as being illegal, and the matter was of 6ome importance because if this Drainage Board could make such /B payment, then all the other drainage boards, and there were 66 of them in the Dominion, could also do so. The Land Drainage Act contained no express provision as to the payment of travelling expenses. 'In. this respect tho Drainage Board was 6ame position as road boards and town boards. Neither the Land Drainage Act, District Beads Act, uor tho Town Districts Act <=aid anything about paying travelling expenses, while most other local 'authorities had express power to pay travelling expenses. Where thero was no special statutory authority to pay travelling expenses, tlioy must bo paid out of unauthorised account, as that account might bo, used for any purpose. The board,'however, claimied to pay under Section 14. But was 'ttatutory -authority necessary at all to (pay travelling allowances, and,' if 60, rwhy? A trustee could not be paidfor his services, but he could be indemnified for his expenses. The question ires worth considering. The Eltham Board was hot entitled to pay travelling expenses. Tho members of local bodies could not help themselves to public funds even on tho plea of indemnity without statutory authority. Sir John Salmond contended that Section 14 of tho Land Draiuago Act did not, in addition to tho powers contained in that Aot, confer on the Drainage Board the powers possessed by . a county council, and secondly it did not incorporate tho Counties Act or any part of it. Counsel quoted the sections in the two Acts and referred to various previous decisions.

Mr. Skerrett 6tatod that the administration work of the Drainage Board waa contained in Section H of the Drainage Act. Administration, he urged, waa to meet, deliberate, determine, and' perform. Who was said to administer the affairs of the city?-the mnnicipalcouncil; why was said to be the administrator of the affairs of a' road board? the road board. In ordinary language, and according to its precise nnd accurate meaning,' "administration" • covered the whole necessary work to . enable a local authority to meet, deliberate, iand determine and perform. Beading, as one must, Section 14 with Section 37 of tho Drainage Act, the meaning was plain. Section 37 waa the enabling power to the governing authority to deal with its money and the language of that, section was that tho board was to apply all moneys for purposes of that part of tho Act (the Act is divided into parts), and generally to carry out the administration awl purposes of this part of this.Act. Section 37, taken with Section li, gave to the Drainage Board'the power to pay the money.. Section 14 was obviously intended, and did give, to the Drainage Board every power possessed' by a, county council with respect to\ the administration provisions of the Act. The general trend of the legislation was to allow local authorities to pay the travelling expenses of their chairmen.' Tho Court reserved its decision.