CITY COUNCIL.

Globe, Volume XX, Issue 1366, 2 July 1878, Page 3

CITY COUNCIL.

Monday, July 1. The Council met at the usual hour. Present—His Worship the Mayor, Crs. Briggs, Toomer, Ruddenkhu, Jameson, Bickerton, Pratt, Bird, apd Ick. mayor’s statement. The Mayor briefly referred to tho business to be brought before the Council that evening, and to the decision of the Resident Magistrate respecting the by-law against driving round pornera. Respecting charitable aid, he might say that there had hpen a very great amount of telegraphic correspondence with the Government, and there had also been a conference of Mayors and chairmen of County Councils on tho subject of the distribution of charitable aid. [His Worship then proceeded to read the telegrams which appear in the report of the meeting of the Board for charitable aid purposes in another column.] He might say that the following telegram was sent by him as Mayor:—“The City Council will refuse to have anything to do with tho distribution of charitable aid.” [Hear, hear.] To this he had yecejyed a reply stating' that the Government did not undenjtand the conflicting messages, and asking if the Counpil declined to give effect to the resolutions of tho Conference. In reply he had stated that the Council declined any responsibility, but he (the Mayor) had no objection to form one of a Board to dispense old until legislation was provided for empowering local bodies to take control. That was so far as he was personally concerned, and not binding the Council, ns he felt that it was his duty privately to lend as much aid as possible to the Government. To this he received telegrams stating that it was proposed to appoint a Board to take administration of charitable aid, including the Mayors of Christchurch and Sydenham, the chairman of the Selwyn County Council, Messrs Montgomery, and J. E. Brown. On receiving t his telegram he had communicated with the gentlemen named, and telegraphed to Mr Hall. Mr Brown, the Mayor of Sydenham, and Mr Montgomery had met there that day, and they had resolved to send a telegram asking certain questions of the Government, which were to the ejfeot of suggesting phat Government should provide the funds, that the appointments should be honorary and temporary, and that Dr. Turnbull, the chief of the medical stall', should be a member of the Board. Why that was sent was to remove the doubts on the minds of some of the members, and it was just as well to get the assurance of tho Government that they would have legislation this session on the subject, and also that the arrangement would be a merely temporary one. No answer had yet come to the last telegram, but ho expected the answer tomorrow. THE BY-LAWS. Cr. Bird said that his Worship had referred to the by-lqws’ Question, and he would like to ask tho Mayor how it was that whenever they took their by-laws into Court they lost the case. Either the law of the Resident Magistrate was bad, in which case they had a good case for appeal, or their solicitor’s preparation of the by law was bad, the by-law having passed through his hands. He thought it wns very unfortunate, to say the least, of it, that they should come there night after night spending their time to make by-laws which were turned round to make a laughing stock of them. Ho thought some steps should bo taken to saddle the right horse. His Worship said of course ho could not say why tho Resident Magistrate gave a ciaion one way or the other, Tho had been requested in future, when any of the Council’s by-laws came into Court, to notify the city solicitor, so that ho might be in attendance. Cr. Briggs si>id |ha( ho desired to make a

personal explanation. He had happened to be one of the unfortunates who had been summoned for a breach of the by-law, but his case had never been heard, Mr Mellish, however, had taken the opportunity from his seat, on the Bench, not only to tell the Council that their by-laws were a nuisance—which was an unwarrantable thing to do—but he had also gone further, and, sitting as a magistrate, advised him (Cr. Briggs) as to the method in which he should dispose of his private means. The Mayor—l take it, Cr. Briggs, that this is hardly a matter for the Council to consider. It is a matter between yourself and Mr Mellish. Cr. Briggs—l mentioned, sir, when I rose, that I wished to make a personal explanation. Mr Mellish has held me up to public ridicule from his seat on the Bench, and I have no other means of replying to him except from my seat in this Council. I see from the paragraphs in the papers —or some of them—that Mr Mellish took upon himself, not only to insult this Council, by saying that their by-laws are a nuisance, but also to advise me as to how I shall dispose of my means. I consider this is a piece of unwarrantable impertinence. I therefore now have taken the only opportunity afforded me of replying to Mr Mellish’s remarks from the Bencii, which I consider were entirely uncalled for and out of place. The mat ter then dropped. THE STREET CORNER BY-LAW. Dr. Foster, the city solicitor, was in attendance, and stated his opinion on the subji ot of the grounds of the Resident Magistrate’s decision in the recent case of the driving round street corners. He expressed a wish to test two cases, one, say at the Bank of New Zealand, and one at another portion of the city. His Worship said he had heard one of the Magistrates on the Bench, at the moment the order calling the Council together to consider the regulation of speed round street corners was read, say, “ That’s fatal.” Now that Magistrate had not heard one hundredth part of the evidence. Dr. Foster snid he did not attach one atom of weight to this objection. The Mayor said the solicitor for the defence had stated that the whole of the councillors were not present at the time of making the by-law, and if one of them had known what was going on he should have opposed it. Cr. Briggs—lt is a pity that the solicitor did not stale the name of the councillor. The Mayor—Well, here are the minutes of the meeting ; and I find all the councillors were present. So that objection falls to the ground. Cr. Jameson would move—“ That the solicitor be instructed to press for a re-hearing.” Cr. Bird seconded the motion. Cr. Ick thought, after what had come out on this subject, they had better leave the matter alone. [No, no.] Well, they must recollect that this by-law was made at the time that public sympathy was very much excited from the sad fate of a nurse-girl at Hobbs’ corner. The Press had called upon the Council to act, and they bad done so, he feared in a somewhat hasty manner. It was matter for regret perhaps that it was only a poor little nuraegirl who had been killed. If it had been the Premier, the Bishop—[A Councillor —“Or the Resident Magistrate.”] —or even the Resident Magistrate, it might have been different, but the fact now remained that the by-law was very unpopular. Hence he thought they should leave the matter as it was. He would like to ask the city solicitor whether if there was no by-law the police could interfere to prevent furious driving. Dr. Foster replied that if there were no by-law the Police Ordinance could be made to apply. Cr. Ruddenklau could not understand Cr. Ick opposing the motion. He was one of the principal supporters of the by-law when it was first introduced, but now he opposed it. So far as he himself was concerned, he thought the by-law was a good one, but that it might be made oppressive by the way in which it was administered by the police. As regarded the validity of the by-law, be thought it was high time that the matter was settled, so as to know who really was in fault. [Hear, hear.]

Cr Briggs would not detain tho Council long in what ho had to say. He could cordially agree with Cr. Ruddenklau in what he had said. It had been pretty freely stated that the by-law was unpopular. Now he (Cr. Briggs) was about a great deal, and saw a large number of persons during the week, and he might say that he bad heard the action of the Council commended lor tho making of the by-law. lie had also hoard it stated by many that it was highly necessary that soma regulation of the traffic in the’streets of Christchurch to prevent persons being killed, as they had been by reckless driving such as he had seen that day. Cr. Bickerton detailed the progreso of the making of tho by-law, contending that there had pot been any hagte in it. The present by-law was found almost in the same state it was now by tbe present by-law committee, having been made by the former Council. The committee had suggested that the place opposite the Bank of Now Zealand should be first tried aa an experiment, Tho Council, however, had determined on bringing in other corners, and ho thought that they should have waited a while before they had done this. Cr. Pratt endorsed what had fallen from Or. Bickerton. He desired to express his opinion that it was quite unwarrantable for any Magistrate to express an opinion from the Bench that a by-law of the Council was a nuisance. [Hear, hear.] He thought that it was very bad taste for a Magistrate to express any such opinion. [Hoar,' hear.] The Mayor sajd that he wished to say that as regarded the by-law being ‘a nuisance, there was hardly a subject upon which the Council could jegisjato whipl; would not be a nuisance to some ope. Those who were driving of course thought it a nuisance, but he might just point out that they were a small minority of the general public. But while th » was so, the gentlemen who drove thought that the whole of the roadway belonged of right to them. But he desired to point out that this was not so. The roadway was as much tho property of the pedestrians as of those driving; however, now the drivers and riders seemed to make it incumbent on the pedestrians to get out of their way. Cr. Ick had spoken of the Police Ordinance being brought in, and not having a by-law, but lie would point out this, that the Police Ordinance only provided for furious riding or driving. Now, what was furious riding or driving r 1 Would any twv persons agree e.i to what it was ? He thought not. Hence there could be no correction for the dangeroug practice which now existed. In Melbourne so particular were the City Council that there was a fine of £5 imposed for a breach of the regulations which made it incumbent on tho drivers of vehicles to walk at the intersection of every street, not at staled corners only. If councillors intended only to go to the Resident Magistrate again, he would advise them to let the matter drop, because the Magistrate having decided against them, he was not likely to reverse his decision. Or, Jameson said that, without expressing any opinion as to the validity or otherwise of their by-law, he was of opinion that the Council should carry out their by laws if they were of opinion that they were good, and to see that every step was taken to arrive afc an opinion aa to their validity, * Tho resolution was then put and carried, power being given to the solicitor to select the test cases if he should feex so disposed., VALIDATION ORDER. A long discussion ensued as to the validation order of the burgess roll, which had been returned by the Government as not being correct. The legal adviser of the Council however contended that the order was z good one, Tiie Executive had now broken up, and tho Council had not received any order. HKnds of the Mayor and the city surveyor. ~ CITY fIURVEYOE’S REPORT. The City Surveyor’s report was read aa follows : No. I—The work of thinning the trees on the river bank has been commenced. No. 2—The contract for 5W cubic yards o|

broken metal for Cathedral square was given to Mr Hole, of Halswell. No. 3—A letter has been received from the railw iy department, requesting a paved crossing opposite the railway station. No. 4—The following building licenses have been granted since my la-t report Outer are*: Mr Huh, North Town belt; Mr Q. Rickards, Hereford street; C. Lawrence, St. Asaph street; Mr Barsh, Tuam street; Mr VV. R. Turner, Manchester street; Mr Jacobsen, St. Asaph street, Mr Buchanan, St. Asaph street; Mr Lambert, Kilmore street; Mr Sneider, Durham street south ; Mr Sneider, Durham street south ; Mr Treadwell, South Town belt; Mr Treadwell, Harry street, South Town belt; Mr Sneider, Walker street. C. Walkden, City Surveyor. Clauses 1 and 2 wore passed as satisfactory. On clause 3 being read, Cr. Ick said he thought the Government, as reaping a large benefit from the railway, should pay at least two-thirds of the whole cost. It would be a very great boon to the public, but still there were a number of other works of far greater pressing importance to be constructed unless the Government contributed a very large proportion of the cost. Cr. Briggs should oppose anything being done with regard to this work by the city until the nsphnlte pavement along Cathedral square from Iley wood’s corner to the Bank of New Zealand was completed. This was a work of far more import ance to the citizens than the work at the railway. Cr. Jameson would move—" That the work bo done on condition that the railway authorities pay one-half the cost.” Cr. Ick seconded the motion, which was agreed to. The report as a whole was then passed. REPORT OF SUPERINTENDENT OF pTBB BRIGADE. The report of the Superintendent of the Fire Brigade was read. Ho reported that a very large number of alarms had been given during the month, viz., ten; nine of these had been in buildings. The sump at Gloucester street and the tank at Tuam street had enabled the brigade to check what might otherwise have been serious fires. He did not intend to recommend that further tanks should be put down, because he hoped that the Council would soon provide a general scheme of water supply. The report was received and approved. POSTPONEMENT. Cr. Briggs obtained leave to postpone his motion until next meeting, as follows : “ That the necessary proceedings be taken under clauses 139 and 140 of the Municipal Corporations Act, 1876, to borrow a sura not exceeding one hundred thousand pounds (£100,000) for—l. Providing a satisfactory supply of water for fire prevention, sanitary, and other purposes. 2. Completing the concrete side channelling of the city. 3. The erection of Corporation offices.” water SUPPLY. Cr. Jameson said that he wished the public to understand that the matter of water supply had not been shelved. The committee were working at it, and hoped to he able to report shortly. A letter was read from the Lyttelton Borough Council, stating that they had appointed a committee on the question of water supply, who would confer with the one appointed by the Christchurch City Council. charitable aid. The following letter was read from the Colonial Secretary ; Colonial Secretary’s Office, Wellington, June 18. Sir, —My attention has been called to the report of a meeting of the City Council of Christchurch on the 13ih instant, in which Councillor Briggs is said to have (in very strong language) expressed his surprise at the first intimation of the intention of Government to put a stop to expenditure on charitable aid at the end of this month, having reached the Council through Mr March, and this statement was made in your presence, and was not apparently contradicted by you A letter was written to your Worship on the very day—the sth April—qn which Mr March was i iformed of the intention of the Government and in exactly the same terms as that to Mr March. That that lettir reached your Worship’s hands is proved by letters from Mr Haskins, the Tqwn Glcyk, dated respectively the 11th and 20th April, in both of which he acknowledges it by direction of the City Counoil, and promises that it shall be laid before the Conference, and in the latter lie specifies the subject of the letter in precise terms. As in all probability either the statement made by Councillor Briggs did not attract your Worship’s notice, or the facts had escaped your Worship’s memory when that at dement was made, I am in hopes that the foregoing explanation will enable you to remove the impression that any discourtesy had been intentionally shown in the matter to the City Council. I have, &c., G. S. Whitmore. The Mayor—l may say that I have turned up the reports of both the papers of the date mentioned and am unable to find anything at all like the statement''made’ in the letter. Such a statement could not have been made by Cr. Rrigge, because the intention of the Government to get rid of charitable aid so soon as they could was made public. Indeed, the Government lost no opportunity of making the people and the Council aware of it. [Hear, hear.] Now, what Or. Briggs had said was that ho was somewhat surprised that the Council had received the intimation contained in the letter through Mr March. [Hear, hear.] I am quite at a loss to understand how the Government could have got the idea that such a statement was made. If it had been I should, as well as the rest of the Council, have put the speaker right. However, I will cause a letter to be gent to the Government on the marten. The subject then dropped. improvement of cathedral square, A petition, numerously signed, was read from residents in Cathedral square, asking the Council to carry out the asphalte crossings in the square, from Heywoq.d’a corner,- to Morten’s block, opposite the Rank of New Zealand. Cr. Ick moved that the request be granted, and that the work be done so soon as the surveyor considered the ground in a fit state. Cr. Briggs seconded the motion, which was agreed to. DEDUCTIONS FROM SUBSIDY. The Mayor read the following opinion from the city solicitor, as to the deductions made by the Government for cost of charitable aid from the subsidy due to the city lie Government Subsidy—l have before me the account forwarded to the City Council, on the part of the General Government, for the half yearly subsidy ending 30th June, 1878. and I am to advise whether the deduction therein for charitable charges can be legally made. I do not think it can. It is quite true that tbp loth section of the Financial Arrangements Act, 1876 (which provides for the deduction) is not repealed absolutely, hut only “ so far as the same may bo inconsistent with” the Act of 1877. But the meaning of section 5 of that Act, taken as it ■ stands, is obviously that the subsidy is to he paid without deduction, and it scorns to mo too clear fox* argument that the continuance of the deduction under the old Act is inconsistent with this meaning. As I . certainly do not credit the Government to do what is on the face of it illegal, I have sought about for arguments by which the deduction might appear to be supported. One point which may be suggested is founded on the language of the Act. It enacts (Section 5) that the subsidy is to he paid out of the Consolidated Fond “ during each financial year.” The financial year, it may be said, begins on Ist July after the Act came into operation, and endd 39tn Jp.nd after that, so that until the 30th J woe now ensuing (the commencement 1 of the ’first financial year oecqvring'rtftbr its passing) leaving the deduction now claimed to take effect under the former Act, a d the express provision made in the 7th section with respect to “ the present financial year” might be urged in support of this view. But this would deprive of meaning the provision in the second clause, that the Act is to come into operation on Ist January, with, which proviso I understand thai fl;e practice of the Government fmly ~eeo( a |s, i cannot, therefore, think [hat this proposed deduction can fcc supported on this ground. If there be any other ground on which the deduction can be hgaily enforced, 1 must acknowledge that with very considerable pains I have been unship to discover it. C. J. Foster. June 21st, 1878. The Mayor said that the Mayor of Sydenham had received an opinion advising him directly the opposite on the same subject. FOOTPATH IN HIGH STREET. A petition was read from certain residents in the Triangle, asking that the Council Wfeulci tin aeyhuUo footpath Hum the

White Hart corner to the corner of the Triangle opposite Mr Calvert’s shop. The petitioners also requested that the lamp might bo removed, and also the lamp post. Or. Ick said that the gentlemen interested had promised to subscribe the usual amount. He, therefore, moved —“ That the request bo granted, subject to the necessary amount being paid to the Council so soon as the weather will admit.” Or. Pratt seconded the motion pro forma. He objected to the lamp being removed, the more so as the crossing being a very long one, the convenience of pedestrians would be consulted by leaving the lamp as a sort of resting place. Cr, Ick pointed out that it was only intended to remove the lamp a few feet. The Mayor thought it would be better to leave the lamp, and put the footpath round it, as had been done at the Post office. Ho would point out that they must understand that they were voting for the removal of the lamp as well as the making of the footpath. The motion was then put, and agreed to in the following form—“ That the prayer of the petition be acceded to on the usual terms, subject to the supervision of the works committee and city surveyor.” MUNICIPAL CONFERENCE. A letter was read from the Mayor of Wellington, stating that the Conference would meet on the 29th July at the Provincial Chamber, Wellington. PRIVATE STREETS. A letter was read from Mr Potts’ agent, stating that he declined to pay the cost of channelling in Halkett’s lane. It was resolved that the agent of Mr Potts be informed that the Act makes it incumbent on all owners of property fronting on the streets to pay their share of the cost. THE RECENT ELECTION OF AUDITORS. A letter was read from 'Mr G. L. Lee, the Returning Officer, stating that the Resident Magistrate had declared the election of auditors void. Mr Lee wrote regretting that the mistake had occurred, and offered to defray the cost of the fresh election. Cr. Briggs moved—“ That the expenses of the fresh election be borne by the City Council.” Cr. Pratt seconded the motion, which was agreed to. EXTENSION OF TIME. A letter was read from Scott Brothers asking for an extension of time of one month for the delivery of lamp poets, on the ground that they had had to remove their workshops. Cr. Ick, as chairman of the works committee, reported favorably on the application. They had not yet got the mains to all the places where the lamps were to be erected, hence the city would not suffer by the extension being given. He would move—“ That the required extension be granted.” Cr. Pratt seconded the motion, which was agreed to. THE BUILDING BY-LAW. The solicitor was instructed to take steps to enforce the building by-law with regard to the Rifle Gallery in Gloucester street, and that a summons be taken out. FINANCIAL. The Town Clerk reported having received the sum of £2275 10s lid during the fortnight. The amount payable was £574 2s 2d. The debit balance on borough fund account was stated as being £3366 11s Bd. inspector's report. The Inspector of Nuisances forwarded his usual report, referring to a number of matters attended to. The report was approved. Several licenses were granted. THE GENERAL CITY RATE. On the motion of Cr. Ick, it was resolved to strike a rate of Is in the £ for general city purposes, payable in one aura on the 15th of July, for the year ending 81st of December next. Adopted. The Council then adjourned.