CITY COUNCIL.

Evening Star, Volume IX, Issue 2636, 29 July 1871, Page 2

CITY COUNCIL.

A special meeting of the Council was held to-day, at noon, and there were present the Mayor, who presided, Councillors Barnes, Cargill, Mercer, Livingston, Jack, and Thoneman. The Mayor said he had called the meeting for the purpose of considering the desirability of altering the p lling booth for High Ward at the ensuing election for councillor. The reason for this had arisen primarily from a letter that had been received from the Corporation Solicitor, in answer to a letter written at his request, but which he himself did not think there was any necessity for acting upon. He should have allowed the High Ward election to have taken place in the Council Chambers, as ordered by the Council, seeing that no harm would have been done to any elector in High Ward, or to the citizens. One or two of the Councillors had, however, thought it desirable that the booth should be placed strictly within the ward ; and he had, in consequence, called the meeting for the purpose of determining whether it should be so or not. The letter from the Town Clerk was written on the 25th, and the reply was received on the 2oth some lime in the middle of the day. He would call upon the Town Clerk to read the letter and reply. The Lown Clerk read the letters as follows : “July 23, 1871. “ Gentlemen, —Section 3, of the ‘ Otago Municipal Ordinance, 1870,’ provides that votes shall be taken at meetings which shall be held in all the wards. Please say whether in your opinion this necessitates that the polling booths must be strictly within the ward for which votes are taken. The present offices of the Council are strictly within South ward, though they are pretty centrally situate for the convenience of High ward ratepayers. Can you please reply by to-morrow morning. “J. M. Massej', ‘ ‘ Town Clerk. “Messrs’Smith and Anderson.’, “July 26. “We are in receipt of your letter of 25th inst., requesting our opinion whether section 3 of the Otago Municipal Corporation, 1865 Amendment Ordinance, 1870, which pro, vides that votes shall be taken at meetingswhich shall be held in all the wards, necessitates that the polling booth must be strictly within the ward for which votes are taken. In our opinion the polling booth for each ward must he within the legal boundary of the ward, as defined in schedule C of the Ordinance of 1865. If, therefore, the only polling booth for High Ward is or has been the Council offices in Manse street, we think the provisions of the law are, and have not been complied with. The commencement of section 4 of the Ordinance of 1870, is stronger than that quoted by yon. It is—- ‘ The following for election, &c., within each wanV “ We have, &c., “ Smith .and Anderson.” The Mayor remarked, that he had made enquiries of the Speaker of the Provincial Council, who had agreed to place a portion of the Provincial Council Chamber at the disposal of the Council, if it thought fit to use it as a polling booth. Mr Barnes could not see why this matter had not been brought forward before. The letter from -xnith and Anderson had been received before the Council met on the 26th. The Town Clerk had been instructed by the Mayor to write for an opinion concerning Corporation matters, and it appeared the letter had been received at about 11 o’clock on the morning in question, The Council met at three in the afternoon, and he could not understand why it was not read when the business book was brought forward. The Mayor : Mr Barnes will be good enough to sit down. The question is the appointment of a polling booth. The conduct of the Mayor is another question, which must arise on a separate motion. The Council must confine itself strictly to the consideration of the letters. Mr Thoneman considered the Council had a right to deal with the subject. One question concerning the Council was, Why was the letter containing an opinion of the Corporation Solicitor suppressed ? The Mayor : That matter has nothing to do with the question. The opinion of the solicitor was an opinion to myself ; and it was information asked by myself as returning officer for the City. The letter came in at about 11 or 12 o’clock, but I did nob see it until a few minutes before the Council met. 1 thought then, and subsequently upon careful consideration, that it was not necessary to alter the pulling booth. Whether my opinion was correct or not is a thing beside the question. The only thing I shall permit to be decided is whether the polling 1 poth for High Ward is to be altered or not. Any other question must crop up in the regular way —by notice of motion. Mr Merger moved that the polling booth forr High Ward be altered by substituting the Provincial Chamber for the City Council Offices; and Mr Livingston seconded. The Mayor : I may remark that the polling booth was fixed by the Council at a meeting previous to the election for Mayor, which meeting was presided over by Mr Thoneman. Although it has really nothing to do with the question, it is a fault which emanates from the Council jtsclf, and from no one else.

Mr Thoneman wished to say, in explanation, that when the quej(ppU.crbppect uj| he called the Town that there was no polling booth in the ward, but he informed him .it was not necessary. The Town Clerk : That was after the election had been ordered. Mr Thoneman : But two deys before the election. Mr Barnes asked whether the acts of the Council for the next year would be lawful if it was presided over by a Mayor whose election turned out to be illegal ? The Mayor said that so far as regards the question of the Mayor being illegally elected ; the hroper place to decide it would be the Suprtme Court. There was a clause in the act, which provided that any acts done a Mayor or Councillor not illegally elected were not invalidated in consequence. After some further discussion, the motion of Mr Mercer was adopted.