NAPIER MUNICIPAL COUNCIL.

Daily Telegraph (Napier), Issue 2982, 15 January 1881, Page 2

NAPIER MUNICIPAL COUNCIL.

The adjourned special meeting of the above Council took place last evening. Present: The Mayor (in the chair), Councillors Monteith, Swan, McKay, de Lisle, McDougall, Ellis, Cotton, Leonard, and Wall,

The minutes of the previous meeting were read and confirmed.

The Mayor stated that Cγ. Wall had made his declaration before him in the usual manner. He then called upon Cr. Ellis to speak on Cr. McKay's motion, he having been the mover of the adjournment.

Cr. Ellis, after re-capitulating the number of applications received for the office of engineer, said Crs. Swan and Cotton only voted in the Public Works Committee for Mr Lamb on the understanding that it be again discussed in open Council. When the report did come before the Council there wad one Beat Tacant,

Cγ. de Lisle: Two. Cγ. Ellis: Oue. Cr.de Lisle: Two. Cr. Oliver and myself were absent. Cr. Leonard: There was one seat vacant and one Councillor absent. Cr. Ellis said all the merits of the case had been discussed, and grave reflections bad been cast upon the character of a certain gentleman, which were thoroughly discreditable to the gentlemen who had cast them. The motion was carried in Council appointing Mr Marchant by five to three, and to hia utter astonishment they got notice afterwards of the calling of a special meeting to rescind the motion, and this after all the testimonials had been sent back to the applicants, with a letter informing them that Mr Marchant bad been appointed engineer. A letter had also been written for the purpose of acquainting Mr Marchant of bis appointment, which he contended had been illegally witheld. They none of them had the legal power to act as they had done, and it was very discreditable to the Council that when a resolution has been carried by an absolute majority, and the minutes of the meeting afterwards read and confirmed, that the letter should have been withheld, and from a legal opinion he had obtained on the subject he was convinced that Mr Marchant was legally appointed their engineer. He had given notice of motion after the last meeting asking that the Municipal Solicitor's opinion be obtained. The Mayor had received it in the ordinary way, and he had consented to its withdrawal on condition the Town Clerk was instructed to pet the opinion, but to his surprise next day he received a letter from the Mayor stating that it would be for Mr Marchant to find out whether he was legally tppointed. His opinion of this course was that it was an attempt to burke every effort which the majority of the Councillors had tried to bring to a successful issue. He thought, as there were two new Councillors who had not seen the credentials, it would be better to have the matter re-committed to the Public Works Committee for them to see into these things for themselves, Cr. McKey and others had been defeated, and they should have borne their defeat like men ; instead they have tried every move legal or illegal, to upset the mih of tbe majority. / The Mayor called Cr. Eltfs to order, and said he had made use |f the word illegal several times, and/ it was not parliamentary language. He must prove the illegality.

Cγ. Ellie replied that Tjfery likely it was not a proper word tq use, but he could prove by the Act tnat no majority of Councillors could withhold that letter. He thought it would be 'injudicious for either of the new Councillors to vote upon the motion, and it would be more creditable to them all, if it were re-com-mitted to the Public Works Committee. It was the withholding of the letter that gave rise to the proceedings which had been called disgraceful. Not that they really were so, but the piper had called it so.

Cr. Leonard : The papers.

Cr. Ellis: No, only one paper, the Herald, and he could trace to them why they bad taken this part, but he did not want to rake up private matters.

The Mayor said he did not see what they had to do with papers.

Cγ. Bwan said the causes of that meeting were of a most extraordinary character. In the first place the surroundings had been brought about by illegal and one-sided action. If His Worship could show him why the Town Clerk should be impeded in carrying out his duty, why ho would give way, but the action taken had been of the most arbitrary, unconstitutional, and illegal character. As to the resolution now before them no reasons had been advanced in its favor by the mover, and to his astonishment, instead of argument, it had been nothing but a coarse personal attack upon himself as Chairman of the Public Works Committee, Cr. McKay started grandiloquently, hut, to use an, old metaphor, he " went up like a rocket and came down like a stick." Cr. Swan then quoted from the Daily Telegraph report some portions of Cr. McKay's speech. He said it, was not the first nor the second time that he had signed a report as Chairman of the Public Works Committee and come into the Council and opposed that report. In the present case tbe applications in Committee were narrowed down to six names, and after looking through the testimonials be had come to tbe conclusion that Mr Marchant was the best man, but certain inuendoes were thrown out against Mr Marchant which at the time he (Cr.Swan) was not in a position to rebut. He did not know Mr Marcbant, and had no knowledge of his professional abilities besides what he gathered from the testimonials be saw before him, but he and the other Councillors had voted for Mr Marchant because they were satisfied in their consciences that he was the best man. He took credit to himself that he and those with him had no particle of personal feeling in the matter, but the rejection of the report was brought about from more mature consideration and from further irnformation received after the Committee meeting. He was certain there was not a particle of truth in the set made against Mr Marcbant by a certain clique. The aspersions cast upon his character were most unfounded and nnjust. He had been belied, and his character traduced. Cr. McKay ehould have been one of the last to have taken the initiative in this matter, as he was not present at the Committee meeting. It looked as if he came therewith the preconceived notion of whom be was going to support. He found out that the Committee had recommended a certain gentleman, and he was quite contented with that report, but he (Cr. Swan) contended that Mr Lamb had not the necessary qualifications they advertised for. He put himself down as an architect, and it was not for them to spend money advertising for an engineer and then get an architect. He voted for Mr Lamb in Committee when Mr Merchant's name was struck out as he had no other alternative. He was bound to vote. But from more mature consideration he and the Councillors who followed him had altered their opinion. But inetead of this motion had a proposition been made to refer the matter back to the Public Works Committee, he would have supported tbat course. He was now more fully convinced tban before tbat Mr Marchant was the best man, as they had now more information before them than when at the Committee meeting. He should move as an amendment, " That the question of appointing an engineer be referred back to tbe Public Works Committee."

Cr. Leonard seconded the amendment,

Cr. Monteitb said he could say little on the matter. The reaeons given, or the total absence of reaeons, rendered it unnecessary to say much. They were charged with inconsistency, but he would refer back to the Committee meeting. In the first place it was deemed advisable to advertise throughout the colony for an engineer at £300 a-year. Now they wanted a local man. He would ask what were tfce repots for tfoie Qbange Qf

opinion. He thought it was from motives other than the welfare of the Borough

The Mayor called Cγ. Monteith to order, and said he might demand his reasons for saying so. Cr. Monteith said: Who is a local engineer ? Why have the supporters of the motion not mentioned him. There wals no such person as a local engineer. Ifany so-called locals had an offer of another £100 a yenr, they would be local no longer. Against Mr Marchant not a word had been said reflecting upon his professional abilities. He would ask for his testimonials to be laid upon the table, together with the other applicants'. The Mayor stated that all the testimonials had been sent back with the exception of Mr Marcbant's. Cr. Monteith said he only wished to have had them read, but it did not matter now. No reasons had been put forward in support of the motion, and as they refused to give any it must be expected that they bad other than the welfare of the Borough at heart. He approved of the amendment.

The Mayor said all the Councillors were aware that he was highly dissatisfied with the Public Work's Committee's action. He said nothiog against Mr Marchant, hut the man mentioned in the report had double the testimonials of the other. He was dissatisfied altogether with the Committee, and he felt it was time that the system of secretly considering the affairs of the borough should be done away with. He would endeavor for the future to have everythingdonepubliclyandshould not support this secret gathering. The Chairman had said it was not the first time he had voted against the recommendations of the Committee, but he had never done so before againet an appointment, and he challenged him to disprove it. Mr Lamb was not only an architect, but a surveyor. He had been taxed with withholding the letter to Mr Marchant illegally, but as he had explained before he had done it in the best interests of the Borough. He had been taxed with its being illegal, but as Mayor he felt that he had a certain power, and that was within his powers. It had only been a quibble amongst Councillors. He should go no further in the matter, but he reiterated that his action had been to the interests of the borough and Councillors. Cr. McKay said it was an improper thing forCr. Swan and others to expect them to give their reasons for not accepting Mr Marchant. The same thing applied to the other twenty-five applicants. They were not bound to give their reasons. As for inuendoes and insinuations, he had never made any against Mr Marchant. It was not their duty publicly or privately to defame any man's character, and because he did not think Mr Marchant a fit man for their engineer he did not traduce his character. He had nothing against him personally, or any of the others. Perhaps Councillors could see no reason, as they looked at the matter through colored glasses, but he would vote according to his own mind. He bad nothing against Mr Marchant, but he did not think him a fit man for Borough Engineer,

Cγ. Leonard said that when Cγ. Wall ■was plain Mr Wall he had told him that he would not vote for anyone until he had seen the testimonials. The Mayor: You are going out of the question. Cr Leonard : He was in favor of the amendment, as it would give the new Councillors an opportunity of looking through the testimonials, and Gr. Wall had said to him that he would not be a party to voting for a man chucked upon him to appoint Cr. Monteith said he agreed with Cr.

Leonard. It would be better to be referr'ed back to the Public Works Committee, so that new Councillors could go through the testimonials. Cr. McKay said Ors. Leonard and Monteifch had got up, and were giving advice free gratis for nothing. Their action was puerile. Cr. Wall waa able to form an opinion for himself. Cr. de Lisle said be did not see what good would come of referring the matter back to the Committee. It would not help Cr. Wall, as there were no testimonials for him to see, with the exception of Mr Marchant's. They had all been sent back. Cr. Leonard suggested calling for fresh applications. Cr. McDougall took it to be the duty , of the Council to decide straight off r whether the appointment of Mr Marchant ' be confirmed or not, and it could only be *'re'egated to the Public Works Committee by commencing again de novo. Cr. Leonard had said Cr. Wall would not be able to form an opinion. The same thing might be said of himself, but he was sure, the matter having been so freely discussed, that there was not an intelligent man in the borough who could not form an opinion on the subject. He considered it quite unnecessary to put the aKiendmeDt. The Mayor replied that he was bound to put the amendment. Cr. Ellis expressed his sorrow at the unfortunate position Cr. Wall was placed in.

The Mayor: That is nofc your business. You are out of order. Cγ. Ellis said he was astonished at the Mayor's ruling. He got up to express bis sympathy for the unfortunate position Or. Wall was placed in. He thought it would be more creditable to Or. Wail and the people he represented to thoroughly understand the question before he voted one way or the other. To do hie duty to his constituents he ought to look into it, and if be voted without doing so he ■would show himself biassed. The Mayor : That is not for you to say. Cr. Wall can explain for himself, and will account to the ratepayers for his action. You are out of order, having already spoken. Cr. Wall said he did not like to be jumped upon, and to satisfy Councillors he might state that he had made it his business that morning to go to the Town Clerk's office to see the testimonials. He found them all, with the exception of Mr Marcbant's sent back. He had made it bis business to find out all he could about each applicant, and had now formed an opinion. The amendment was then put. Ayes : Crs. Swan, Monteith, Ellis, Cotton, and Leonard. Noes: The Mayor, Crs. Wall, McKay, de Lisle and McDougall. The Mayor gave his casting vote with the noes, and the amendment was therefore lost. Cr. Swan moved, and Cγ. Monteith seconded, another amendment, " that the words'local engineer'be struck out of the motion." This amendment was attended with the * same result as the former. The motion was then put and carried by the casting vote of the Mayor. It was moved by Cr. Swan, and seconded by Cr. Monteith, "That the Council do now adjourn." This motion was loßfc on the casting vote of the Mayor. Cγ. McKay said as he had been the ringleader in tbU matter be would move,

" That Mr Robert Lamb be appointed Engineer of the Borough."

Cr. McDougall seconded the motion. Cr. McKay said the testimonials of the applicants had been gone through at the Committee meeting, and Mr Lamb was chosen then as the best man, it had afterwards, at they knew, been altered, and he would always do his best to overthrow anything that was done in an underhand or surreptitious manner. He knew Mr Lamb's ability as an engineer, and he was equal in ability to any other of the applicants. If he was appointed, and did not give satisfaction, they had their remedy—discharge him.

Cr. McDotigall said he seconded the motion, not solely because Mr Lamb was a local man. He thought they had done quite right to advertise for applications all over the colony, and to choose the best man, but other things being equal he thought it became their duty to elect a local man, seeing he paid rates in the place, and other things being equal a local man should have the preference, he believed Mr Limb to be a thoroughly fit man for the position. Cr. Swan said he believed these proceedings to be entirely out of order. A special meeting had been called to con sider a resolution, and that had been dealt with and finished. This was an entirely different matter, and it was out of order to discuss it.

The Mayor ruled otherwise

Cγ. Leonard said he supported Cr. Swan. He contended that the business of that meeting had been concluded when the motion was finally dealt with.

The Mayor : I don't agree with you ; it is part of the motion. Or. Leonard said it was not part of the motion. An entirely new motion was brought before the Council, of which they had no notice. The Mayor said, oa looking at the Act, clause 83, he found that he was overruled, and it was better to let the matter drop there, and bring it up at another meeting. The Council then rose. NOTICES OP MOTION. The following notices ot motion were handed in to the Town Clerk immediately after last night's meeting : — Cr. McKay to move, " That Robert Lamb, Esq., be appointed engineer to the borough of Napier for the salary of ij3oo per annum." Cr. Ellis to move, " That Mr L. Lessong be appointed Municipal Engineer." Cr. Leonard to move, " That as Mr Marchant is now a local engineer, he be appointed engineer to the borough of Napier."