CITY COUNCIL.

Globe, Volume VIII, Issue 978, 14 August 1877, Page 3

CITY COUNCIL.

♦ Monday, August 13. The usual fortnightly meeting of the Council was held at 4 p.m. Present —His Worship the Mayor (presiding), Crs, Turner, Ick, Jones, Bird, Thomson, Hobbs, Nathan, and Hawkes. FINANCIAL. The Town Clerk reported that he had received during the fortnight the sum of £972 17s. The balances in the Bank to the credit of the various accounts were as follows : Drainage loan, £lB9 15s 5d ; drainage rate, £2681 15s Id ; general accounts, £1713 18s 9d. Accounts to the amount of £596 15s 9d were passed and ordered to be paid. THE MAYOR’S STATEMENT. The Mayor said they were doubtless aware that there had been largely attended meetings of unemployed men, and he was struck with the genuineness of the men, there being a total absence of what was knoAvn as loafers. He had received a deputation from the xmemployed, and he had also conferred Avith the works committee with a view to the expending of £IOOO allocated for the South town belt, which had at once been carried into effect. He had also waited upon Mr March and Mr Conyers. He had been received most courteously, and the result had been that the men had 'been provided with work. They ought lie thought, to congratulate, themselves upon the whole of the men being dispersed at Avork. The sanitary committee had visited the reserves at the Sandhills, and found them, in a very cleanly condition. The committee recommended that the reserves should be fenced, and, further than that, that instead of trenching the soil, it should be shot into the valleys and the hills levelled down, so as ultimately to make the Avhole of the reserve available for agricultural purposes. Ho had received a largely signed memorial asking him to call a. public meeting to consider the present state of the manufacturing trade in Christchurch and the colony generally, with a view to passing resolutions on the subject, to be forwarded to the members of the Assembly. He bad taken upon himself to accede to the request of the petitioners, and had fixed Thursday next for the meeting, at the Oddfellows’ Hall. DEPUTATIONS. A deputation, comprising Messrs Barber and Cook, waited on the Council to ask what could bo done to relieve the inhabitants of Armagh street West from a_ nuisance. The deputation explained that, Giving to the height of the ground, the artesian Avells did not rise to the surface of the ground, hence the side channels were unable to be Hushed and became quite olfensiA'C. | After some discussion, the matter avus referred to the works committee. Mr Harvey Avaitcd on the Council with respect to the drainage of his section in Horatio street. At the present time, owing to the open drain there, he avus unable to build a house on the section. He wished to have a pipe drain put down. * Cr. Ick' said the surveyor had reported on the subject, and his opinion was that the work, as asked for by Mr Harvey, could not be done. It was quite open for Mr Harvey to fill in the drain according to Mr Mellish’s decision. If this could be done in Peacock street it surely could be in Horatio street. Cr. Turner thought the two cases Avero not on all fours. If Mr Harvey had to suffer for the general benefit, it would be much better for the Council to pay Mr Harvey compensation for any damage caused by the drain. He Avould move—“ That the Council inform Mr Harvey that they would consider his ci.sc Avith a vieAV to give him relief.” Cr. Nathan seconded the motion, Avhicli was agreed to. SURVEYOR’S REPORT. The report of the City Surveyor for the fortnight ended August 13th Avas read, as follows; — No. 1. By direction of his Worship the Mayor and some of the members of the City Council, I set about seventy men to Avork on the South Belt for the purpose of forming it. At the east end it is being formed on the supposition that a sewer at a deeper level Avill he substituted for the one already in existence. I fear I shall not he able to get rid of the surplus earth, as there are very few applications for it in answer to my advertisements, and I therefore think it would he advisable to allow the earth to be taken outside the Belts by any one Avho desires to have it. No. 2. The Avorks committee last week gaA’C me instructions to erect a fence along the river betAveeu Colombo street and Manchester street, and the work will he commenced this Aveek. C. Walkden, City Surveyor. Cr. Ick 'said that looking over the men at work on the South Toavii Belt he found a number of very good men, and he Avould suggest that these should bo selected, and that they should have 6s per day instead of os. He thought that this would be a good policy to adopt. He Avould therefore move —“ That the city surveyor be instructed to select a number of men, not to exceed half the number of men employed, for the receipt of an extra Is per day.” Cr. Jones seconded the motion, which Avas agreed to. The report of the surveyor as a Avhole av;is adopted. THE AVON BRIDGE. Cr. Hawkes said that Mr Campbell Avished him to stale that the paragraph appearing in one of the papers as to the presentation of the petition regarding the Avon bridge was not authorised by him. TUE PUBLIC BATHS. Cr. lluAvkcs moved —“That the sum of £IOO be expended in dredging the Avhole area of the public baths, and sheath piling the whole Cambridge Terrace front.” It Avas quite time now that they were getting ready the baths for the ensuing season, and the number of bathers this year Avould bo greatly increased if tliis work avus done. ! Cr. Nathan Avanted to loioav where the money avus to come from ? The only Avay they could get it Avould be to overdraw their account. Cr. Ick said that there Avere sums set aside for contingencies, which had not been expended, nor could be during the financial year. The expense of this Avork could be well borne out of this. He had much pleasure in seconding the motion. The motion was then put and carried. CORRESPONDENCE. A letter was read from Messrs Hobbs and Goodwin, asking permission to erect notice boards on the opposite corner to the cathedral fronting Messrs Hey wood and Co.’s. Cr. Turner moved—“ That the Council decline to give the permission requested.” To say the best of it, he* considered that the pslaibitiou of these placards was aa eyesore.

He thought the applicants ought to fall back upon his original suggestion, and placard the post-office to help to support it. Cr. Thomson seconded the motion. Cr. Nathan supported the motion. He thought the Council should do all in their power to suppress these placards, as they ought to be put a stop to. The motion was then put and agreed to. WORKS COMMITTEE REPORT. A report was read from the works committee respecting the charges made against the foreman, in which they stated that the committee were of opinion that the charges made were frivolous and vindictive. Cr. Hawkes said he could not help entering his protest against the questions which had been asked by the servants of the Council of the Mayor. They were lowering to the dignity of the Council, and were calculated to lower the Mayor in the eyes of the employes of the Council. He thought the committee should never have allowed such questions to have been put. Cr. Ick contended that there was not the slightest intention on the part of the committee to cast any reflection on the Mayor. They could not prevent questions being put which woidd enable a man charged with fraud, as the foreman undoubtedly was, to elucidate the matter. Cr. Nathan moved —“ That the report of the committee be adopted.” Cr. Jones seconded the motion, which was carried. On the motion of Cr. Turner, it was resolved that a copy of the report be sent to Mr O’Malley, the foreman of works. A letter was read from Mr J. Piper, asking the Council to extend their patronage to the annual benefit of the Widows and Orphans Fund of the Foresters on the 20th instant. Cr. Ick moved— 1 ' That the Council reply to flie letter that the Council would attend, and that scats be reserved accordingly.” Cr. Hobbs seconded the motion, which was agreed to. A letter was read from Mr J. H. Smith, requesting permission to put a blind up in his verandah. On the motion of Cr. Ick, the request was granted, under the superintendence of the surveyor. A letter was read from Mr Burns, on behalf of the artisans’ committee, asking the presence of the Council at a public meeting to be held in the Oddfellows’ Hall on Thursday next, to consider certain resolutions regarding the welfare of the city of Christchurch. The request was acceded to. MAR OP THE CITY. The Mayor brought under the not ice of the Council the block plan and map now before them as the official map of the city. Cr. Turner would desire to point out that, under (ho Act, the map had to be one which could be produced in Court and the levels sworn to. The map was referred to Mr Walkdcn, the city surveyor, to report upon at an early date. THE STATUS OP COUNCILLORS. The following legal opinions on the subject of the going out of office or otherwise of the Council were read : Upon the question whether the forthcoming election of Councillors ought to he conducted under section 67, or, as I have already advised, under section 61, I have had the benefit of two lengthened conferences with Mr Cowlisliaw, and I have now his opinion lying before me. With a great sense of acknowledgment of the light which his skill and experience enabled him to throw upon it, I am unable to withdraw my original opinion, from which, indeed, Mr Cowlishaw does not decidedly dissent. I have been much inclined to accept the view taken by him, that it will he safer to proceed under section 67 and let all the councillors go out of office. But when considering it maturely, I do not think it will ho safer. Unless the 69th clause really applies the Council cannot go out of office, There is no provision for resignation under the Act, and it can therefore only take place under the general law. Under a general law a resignation is not valid unless it .is accepted, but if the Council resign in a body there is no one to accept it but the Mayor, and the question whether for the purpose of accepting such a resignation he is to he taken to he the Council in his own person is one raisingmany of the same points as arise upon the discussion of the main question. It is stdl necessary, therefore, to adhere to the question which course is the right one. I am unable to concur in the basis laid down by Mr Cowlisliaw, that except in the case provided for by section 57 there must he ten Councillors. It is nowhere so enacted ; it is inferred only from that exception. This exception is the single case under the Act in which the Mayor is elected by the Council, and I think that a provision expressly applicable to such an election does not necessarily conclude the question in cases where he is elected by his proper constituency. Since 1867, it has always been possible for either a Councillor or outsider to he chosen Mayor, whether the choice was to he made by the Council or the ratepayers, and though there is no express enactment on the point, it has never been considered necessary heretofore to resort to a fresh election when a Councillor was chosen Mayor. If it had been now intended that this should ho requisite, nothing would he easier than to make the enactment in express terms, I think, thoreforel that the nominal number of the Council at the time of the Act coming into operation did not differ from tho number provided by the Act. and consequently section 67 does not apply, I freely admit that fair argument can lie raised from the inexplicable language of some of tlic clauses hearing upon the point (more particularly sections 57 —69. and seo section 10, sub-scction 2, and section 71). But I do not think any one will seriously contend that the real intention of the framers of Act was that section 67 should be applicable to such cases as that which is actually before us. If it he, it is questionable whether it does not govern the next election of every corporation of Now Zealand, which certainly was not the intention. The real intention then being as I have stated, the true question is whether certain language in particular sections, upon which argument can undoubtedly be raised, is necessarily inconsistent with tho general intention. I have given my best consideration to the clauses, more particularly sections 52, 57, 59, and 67, and it certainly docs not appear to me that they amount to that necessary inference which alone is held to oblige the Courts to contravene the general intention. Under the existing circumstances I think the proper advice for me to give is that the Council should use their own discretion entirely as to which of the two clauses they shall proceed under, aud should, as soon as the election has taken place, apply to the Legislature for an Act of Indemnity, which it will ho impossible to refuse. Cit-vs, J. Foster. The following opinion was read from Mr Cowlisliaw : I am of opinion that under the Municipal Corporations Act, 1876, there must he nine Councillors and the Mayor, except in tho case of an extraordinary vacancy, as provided in section 57. The Mayor is made a Councillor by virtue of his office. Under the repealed Acts the Council might either consist of nine or ten mcjwbers. The number depended upon whether a councillor or another person was

elected Mayor, and as a fact the Christchurch City Council consisted of nine only at the time of its becoming a borough under the new Act. Under the present Act the Council must consist of ten members —that is to say, nine councillors and a Mayor. It would thus seem prima facia that the difference of number by virtue of sections 59 and (57 requires that all the councillors should go out of office on the day appointed for the first annual election under the new Act. I was very much impressed with the idea that these sections refer to councillors elected as such by the ratepayers, and in computing the number the Mayor as a councillor by virtue of his office ought not to be reckoned. If this view were correct, the number of members for the purposes of these sections would be the same, and all the Councillors need not. go out of office at the next annual election. However, after more consideration, I have arrived at the opinion that it is safer to give the words of the Act their full meaning, and I must advise the Council that as it consisted at the time it became a borough under the new Act of fewer members than as by the new Act provided, all the Councillors go out of office on the day appointed for the first annual election under the now Act. The question is not free from considerable difficulty and doubt. W. P. C OWLISH AW. Cr. Turner moved - “ That the members of the Christchurch City Council decide to resign their offices in September next under the 67th clause of the Municipal Corporations Act.” Cr Hobbs said lie should have repoited upon the proceedings of the Conference, but owing to no steamers arriving be had not been able to do so. The matter came before the Conference from the Thames, where they were in the same position as they in Christchurch. The Conference had asked the Government to allow them to have the advice of the Attorney-General, but they woidd not do so - The West Coast members had taken advice on the matter, and the result, so far as he was able to gather, was that the Mayor, when a Councillor, should elect whether ho would resign either the Mayoralty or the Councillorship. The Conference had recommended to the Government the desirableness of amending the law, so that the elections of councillors might take place in December instead of September. The difficulty was that the Act could not be got through in time to meet the elections for this year, unless it was passed as a small Act, and only a portion of the amendments could be included. If the Council desired it, he would put himself in communication with the Government, and ask them to carry out the recommendation of the conference in this matter. He begged to second the motion pro forma. Cr. Turner pointed out that under the new Act the whole of the Councillors were elected together and wore of equal age. There was no provision made for going out by rotation. Cr. Bird wished to ask whether the corporations referred to by Cr. Hobbs would fall back on clause 67 ? Cr. Hobbs said that the understanding was that the Government would have a measure to apply to the present year’s election. Cr. Nathan thought it would be as well to telegraph to the Government to ask them whether they could get a Bill through the House with sufficient prompitude to deal with the present year’s election. After some discussion, Cr Turner asked leave to amend his resolution as follows :—“ That unless there be an amended Municipal Corporations Act introduced by the General Government, and passed by both Houses, and assented to by the Governor before the 27th August, the whole of the members of the Christchurch City Council decide to retire from office in September next, under clause 67 of the Municipal Corporations Act.” Leave was granted, and the resolution as amended agreed to. It was decided that Cr. Hobbs, as chairman of the conference, telegraph to the Government on the matter. SLAUGHTER HOUSE ROAD, A letter was read from Mr Brightling, calling attention to the bad state of the Slaughter House road. The matter was referred to the works committee. TENDERS FOR STONE. On the motion of Cr Ick power was given to the works committee to accept certain tenders for supply of boulders. ETON PLACE. A petition was read from the residents in Eton place, asking that the Council take over the street as a private street. Cr Turner said it was very hard that this street could not be taken over, but they could not do it under the Act. This was a blind alley, and under the Act it must have two entrances. After some discussion it was resolved that the consideration of this matter be adjourned until next meeting. ASPHALTING. Cr Turner moved “ That a special meeting bo Held on 27th August, to make a special < order for a bye-law regulating the proportion 1 of the cost of asphalting in the city to be paid | by the owners or occupiers of properties front- j thereon.” Or Thomson seconded the motion, which was agreed to. SOUTH TOWN BELT. A letter was read from the Hcathcote Road j Board, stating that the Board would undertake to form the South town belt from the Gasworks road to the Government property j on the eastern side, on the usual terms. | It was resolved to refer the letter back to ] the lleatheotc Road Board, and to inform j them that the City Council’s letter meant that the Board should make their own half of the belt. The Council then adjourned.