DEFECTIVE LEGISLATION.

Greymouth Evening Star, Volume XXXI, 11 June 1901, Page 2

DEFECTIVE LEGISLATION.

The question of rating upon mining property for charitable purposes is one that will occupy our courts in a day or two. The matter was adjudicated upon by Mr. Stratford some time ago f When he filled that no clainls could be made by a Charitable Aid Board against a Local Contributing Body on aceohnt of mining property. Legal opinion differs very much upon the point. For instance Mr. Martin, the well-known authority upon Municipal laws; in an elaborate opinion, concludes with: “I am of opinion that mining property should be treated as ratepayable property for the purposes of section 23 of the * Hospital Charitable Institutions Act, 1885.”’ Then Mr. Finlay* an equally sound lawyer, holds exactly the opposite opinion. In Greymoutb* Messrs Guinness, Kitchingham and Joyce hold with Mr. Martin, while Mr. Hannan takes a like view to Mr. Findlay. It will be seen, therefore, that the question is in doubt, and the strictly legal interpretation may be left for the lawyers to battle out. As to the common sense view and the intention of the Act there can be no doubt. The Act permits local bodies to strike and collect a rate upon mining property for Charitable Aid purposes, and such bodies to strike and collect such rate ; yet strange to relate they refuse to put mining property into their rateable value when asked to contribute their quota towards Charitable Aid. In other words they collect a Charitable Aid rate upon mining property, but refuse to pay to the Charitable Aid Board any part of the, rate so collected. If Counties are right in their contention that mining property should not pay towards Charitable Aid, they are certainly wrong in collecting and spending such charitable rate in other ways than that distinctly provided. On this point there can bo no two opinions. The Act may be defective, but is any public body justified in accepting the defective part that gives power to collect, and declining the defective part that provides for payment ? We think not.