CITY COUNCIL.

Globe, Volume XX, Issue 1503, 10 December 1878, Page 3

CITY COUNCIL.

Monday, December 9th. A special meeting 1 of the City Council was held at four o’clock in the Council Chambers, for the purpose [of confirming a watering rate made on the 4th of November last. There were present—His Worship the Mayor, and Councillors Ick. Jenkins, Cass, and Trcuiayne. On the motion of Cr. Ick, seconded by Cr. Cass, the resolution of the 4th November was confirmed. The Town Clerk reported that there had been no objections to the rate. The rate book was then signed in conformity with the Act, and sealed with the Corporation seal. ORDINARY BUSINESS. The Council then proceeded to eons'der the order of busine s left over from the meeting of the previous Monday. Cr. Hinstead here entered the room. Cr. Jenkins said as there was a small attendance, he would move an adjournment till the evening. Cr. Ick thought they might go on with some of the business. CAS LAM I'. Cr. Cass moved that a gas lamp be erected at the intersect ion of Manchester and Peterborough stmts. The Mayor said there was no main at the spot referred to. Cr. Ick stated that the lighting committee bad given instructions to the gas company to

erect a lamp at the junction of every street in Christchurch as toon as the mains were laid down. „ ' Cr. Cass said that under those circumstances he would withdraw ais resolution.

THE ARMAGH STREET BRIDGE. The Mayor said it was proposed to strengthen this bridge, which was to cost from Jl.fi to Jl2O Cr. Ick moved that the sum of Jllfi bo voted towards putting the College bridge in a state of repair. Motion agreed to. KEROSENE LAMP.

Cr. Tremayne moved that, in the opinion of this Council,’it is very desirable that a kerosene lamp should be erected on the north east corner of Peterborough street and Cambridge terrace. Seconded by Cr. Jenkins, and agreed to. Cr. Ayers here entered the Chamber. the torchlight procession. Cr, Tremayne moved— “ Tint the snm of JMO be voted by this Council to aid the fire brigade in preparing for the torchlight procession, to take place on December 16th, 1878.” Seconded by Cr. Cass, and agreed to. DR. FOSTER. The following letter was read Christchurch.

Dear Sir, —This letter has been delayed on its way to you. I sometime since communicated to Mr Hellish my intention to resign my office as city solicitor, but that I should probably postpone acting upon my intention until after the election of Mayor. Since then the announcement of Councillor Cass’s motion renders it proper that I should withhold my decision until 1 know how the Council receives that motion. The following is a statement of the causes which had diss itisfied me wiih my position, and will no doubt have a bearing upon the probable discussion of the Council.

I complain that for the past eighteen months, in fact, since the death of the late Mr Gordon, it has become the practice of the Council, in matters requiring legal advice and guidance, to transact its most imp .riant business as though in niter ignorance of the existence of a legal adviser, and when as a natural result ill consequences have occurred, to allow me to be held up before the public as responsible for those consequences. I believe the new members of the Council will hardly credit the extent to which this has gone, and I proceed to state some instances which are within my knowledge. Carter’s lane —The case of Carter's lane will at once strike you. In my recent letter to Councillor Ick I have already stated that 1 knew nothing of this matter until I saw the report in the newspapers of the discussion in the Council. In this case the town clerk has been allowed to disregard the express provisions of an Act of Parliament without having the sanction of legal advice, and toe whole difficulty in which the Council is now placed is the c nsequonce of his having done so. lam not informed what grave necessity there was for ignoring the Act, but most certainly if I had accepted the responsibility of advising it to be done, I should first have seen my way clear at every step to recover the expenses on an independent footing. Whoever is at the bottom of the existing state of things in this matter has, in my opinion, a heavy account to settle either with the Council or the ratepayers. Triangle Right-of-way.—The next case I shall mention is that of tha Triangle right-of-way. The first I heard of it was by a letter from Mr Joynt, solicitor for the defendants, informing me that the case in the R.M. Court had bean postponed. I then of course made enquiries, and the town clerk gave me instructions. It has been represented, I believe, that this case fell through owing to a change of ownership, of which, of course, the Council or its officers could not reasonably be expected to be aware. I am sorry to say that this representation is incorrect. As soon as I got the notices I found that no owners had been served, but only the occupiers, the plain provisions of the Act being thus disregarded. I called the town clerk’s attention to it, when he doubted the fact, but there were the notices to speak for themselves. Under these circumstances I was reduced to argue that there was no owner of the property within the moaning of the Act, a point to which the special phraseology of the Act luckily gave force._ But Mr Joynt drove me to the dilemma of having to repudiate the valuation list of the Council itself, in order to support my contention ; a position too obviously morally fatal to the Council for me to accept, and I had consequently to submit to a nonsuit.

Horatio Street Drainage.—There is again the drainage case, I think in Horatio street. 'J he Council, without obtaining the consent of the owners, had directed its officers to lay down concrete channelling upon private property. One of the owners look it up again. I was then requested to advise. What I had to advise was that the Council itself was in the wrong, the clause in the Act to which I was referred obviously (to a legal mind) not contemplating any such power. The truth was, which i deemed it but considerate to the Council to refrain from stating, that those members of it who concurred in the proceeding were all liable to actions for trespass at the suit of the owners of the property. Mr Banks’ claim —Mr Banks’ claim in 1877 to hold hi i seat as duly elected on the Council, had absolutely nothing to support it but the informality of his contract. This was drawn up in the offices of the Council. It was not seen by me. His cl-»im ultimately failed, but only aft r causing trouble, expense, and unavoidable illfeeling. The Mayor himself (Councillor Gapes) consulted me on suggestions made to him as to his official duty, to which I felt ho ought not to have been exposed. I am aware, of course, that contractor’s agreements are frequently com pi ted without legal assistance. But if the town clerk’s office is not competent to manage a trifling affair of this sort, without throwing the Council into hot water, ii. is intolerable that it should be permitted to take upon itself those really difficult questions, which none but a professional man is qualified to deal with.

Mr Patton’s Case. —Mr Patton’s threatened proceedings against the Council were first V'ard of by me in the shape of a friendly intimiition from Mr George Harper that he should really be obliged to proceed unless I did something. I then learnt that the Council admitted their liability, which indeed was beyond dispute, but had received notice of a claim upon the money. Of the legal merits of this claim they were of course entirely ignorant, and they were proposing to commit themselves to the technical defence of an interpleader without legal advice. As soon as I ascertained the facts I communicated my opinion to Mr Garrick that hia client had no claim, and in consequence the Council were immediately placed at liberty to pay the amount to Mr Patton. The Council thus subjected itself to the imputation of withholding a just debt for several months without a shadow of legal excuse. Mr Cuff’s Valuation.—ln the case _ of Mr Cuff’s valuation I was away at Dunedin when the Council decided to take objection ts it. But I cannot forget that Mr Cuff had wished to consult me as to bis basis of rating in regard to one important class of ratepayers, aud was not allowed to do so by the Council. As to the manner in which those objections were defended by me, Mr Hellish was so good as to say to rac at the cud of tho three days’ argument, that ho believed I had fought every point that could be thought of, but the untenable character of the objections I had to sustain, owing to tho technical informalities with which they were overladen, was too great to ho got over. It is notorious that this is nothing more than tho truth ; and the case presc ts a striking illustration of the unwisdom of the course which has now so long been taken by the Council of passing by their professional adviser. Tho Building By-law.—The building by-law is the last case with which I wish to trouble you. You arc aware that I never saw this by-law until after it was passed and publicly distributed, and I had even to send for a copy for my own professional use. You were at tho time I believe, personally away from Christchurch, but I immediately apprised the Council that one of its most important clauses was clearly void and two others scarcely less important, of questionable validity; and in conference with the Council, I advised making a fresh by-law as quickly as possible. Vi/hcn the Council thought fit, notwithstanding to enforce it. 1 appealed to you, sir, by letter to absolve me in your mayoralty statement from all responsibility for this by-law, and I must pay 1 regret that you have not found an opportunity to do it. I believe the above are not all tho cases in which the Council have acted without consulting me. 'i he, result is that in nearly all the most important matters during the last twelve or eighteen months for which the public natura’ly hold me responsible and for wlih-b I ought to bo responsible the Council has acted without ray advice. They have done so to the manifest injury of tho ratepayers and to the compromise of the reputation of their own officers. As I understand the amount of tny costs is to he brought before you, I beg to refer to those costs and to the work done for them as illustrations how much bettor it is for the 00-nci! to have its law work done by its law officers than to attempt it themselves. I am aware, of course, that there is an opinion abroad that I showed myself beaten in the Bylaw cases. In denying absolut ly the corr ctness of fhis opinion, I challenge enquiry into tho following short statementln the course of the By law litigation, the Council suffered substant ally four defeats. For one, the late Mr Gordon was responsible; for two, I am re-

sponsible; and for the fourth, the Council itself is responsible. One case was lost because Mr Gordon (misled by the apparent plain reading <f the Act), had summoned the second meeting necoss try to make the By-law twentyeight instead of twenty-nine days aft or the first. Two others were lost because Mr Justice Gres ■ (in disagreed with me, by holding a ; to one that the Council cannot alter the amount of a fare or the place of a cabstand w thout going through all the formalities of a fresh by-law, and as to the others that the members of the Council could not legally hold a non-business conversation about a proposed by-law when first laid upon the table without previously advertising that they intended to consid*r it, and that their having done so invalidated the bv-law. I advised an appeal, and at Wellington I must be allowed to say that I have had my full share of success. The then Council however thought, I believe, that it would bo an economy both of time and money to make a fresh by-law, and it is only the wisdom after the event which authorises us to say they were wrong. The fourth was lost by the act of the Council itself. In this case I had, after many refusals, obtained authority to prosecute the appeal to Wellington. In order to force it on I had with difficulty obtained judgment against myself from Mr Bowen, and got it confirmed fro forma by Mr Justice Grcsson. All was ready for my appeal when the Council listened to proposals from the other side to settle all disputes by a short Act, which was to give them the powers they desire d. Thus the appeal was stooped and as the Act unhappily proved an entire failure the result was a defeat to the Council. Keturning to the points on which 1 hid the mis-'ortune to differ from his Honor Mr Justice Gresson, I may be permitted to say, with the most unfeigned respect for his judicial decisions generally, that 1 am still unable to concur in the conclusions at which he arrived. As to one, indeed, the Council has always since retained, and is now on my responsibility retaining, clauses in the by-law intended again to raise the question, should occasion ar se. As to the others, I know th it no lawyer will commit his reputa ion to the assertion that I could not have won it if I had been allowed to appeal. The first and only time that I had my own way (before Judge Williams) I carried my case. I might easily, sir, extend this statement to far greater length, but the above is sufficient to show that the last excuse which the Council can give for habitually acting without my advice is that they had any just ground for assumi g that I was incompetent to give it. I regret to be obliged to add that the necessity in which I am placed by Cr. Cass’s notice of motion, of maki-'g public the true nature of my relations with the Council, may p'obibly oblige mo to forward a copy of this letter to the public journals. I am, dear sir. Tours, faithfully. Chas. J. Foster.

H. Thomson, Esq., Mayor of Christchurch. The Mayor said if Dr Foster thought he had been unjustly treated re the building by-law, he would like to say that that gentleman w.is not at all responsible, ns tbe committee had passed the building by-law without consul ing Dr Foster, for the same by-law existed in Dunedin and Melbourne. Ho would therefore like to absolve Dr Foster, who had never been blamed and ho could not see why the Mayor should be always wi hing to absolve him. istill, if it was any satisfaction to Dr. Foster, he would now publicly absolve him if it would do him any good. The Council then adjourned until seven o’clock, at which time it resumed. Present — His Worship th * Mayor, Crs. Ick, Gapes. Cass, Tremayne, Clifford, Binstead, Jenkins, Wilson, and Ayers. dr. foster. Cr. Cass moved—“ That a return of all legal fees pa d by the Council to Dr. Foster during the last four years be furnished with a view to the consideration of that gentleman’s appointment as city solicitor.” The following return was then laid upon the table : Amounts Paid Dr. Foster for last four years. 1875.

Cr. Cass said he was making the enquiry from no personal motive, but to carryout the spirit of clause G2 of the Municipd Corporati ns Act. He had In ard many remarks, both in and out of the Council, as to the advice given by Hr. Foster Since hearing the letter of that gentleman read, he had come to the conclusion that the strong feeling towards the town clerk was shown by Dr. Foster through the falling off of the fees which had been referred to. His own opinion was that the Council should have legal advice when they got into a dilemma, and then only. He would draw the attention of the Council to the fact that Dr. Foster was appointed their solicitor as early as 18C6. In 1873 a resolution was passed to discontinue the services of Dr. Foster, but three weeks afterwards the resolution was rcscii ded by live votes to three. From enquiries which he had made he was of opinion that gentleman’s appointment should be rescinded. He had written to Dr. Foster on the subject, and hoped that he wou'd have resigned, but he had not thought proper to do so. He could not now move that the resolution referred to should be rescinded, as it was necessary that he should give sf-ven days’ notice Ho now therefore tabled the notice of motion, which ran as follows ; —“ That, in the opinion of this Council, the resolution appointing Dr. Foster as city solicitor be revoked, and that it be revoked accordingly.” COLOMBO STREET BRIDGE. Cr. Wilson moved —‘‘ That in the opinion of this Council, Colombo street bridge, near the post-office, is utterly insufficient for public traffic and for public safety, it would therefore be desirable that the surveyor should be instructed to recommend the best means of saving the public from a very possible accident.” In moving this resolution Cr. Wilson said he was quite sure that all the councillors would agree with him that the bridge was far too narrow. He would like to have a foot path made outside the bridge for the use of foot-passengers, as a great many accidents had occurred there. The motion was seconded by Cr. Gapes and agreed to. ASSESSMENT OF THE CITY. Cr. Clifford moved—” That all costs in the re-assessment of the city as follows:-Huddle-stone’s fees, advertising, and double notice papers, bo furnished.” Cr. Clifford said now that another assessor had been appointed it would be unnecessary for him to go on with the motion, which he accordingly withdrew. PRIVATE STREETS. Cr. Cass moved -‘‘That henceforth in the matter of taking over any private streets, lanes, or rights-of-way, it shall be the duty of the surveyor, in every instance before proceeding to perform any work thereon, to take his instructions for such works from the town clerk, who shall be held responsible for the legality of tbc same, in accordance with the Municipal Corporations Act.’VCr. Cass said this matter had arisen out of the Carter’s lane matter. The Council would agree with him as to the necessity of some such resolution as the one he had brought forward being carried. The Council ceuld not be too careful iu making provision of the kind for the support both of the Council and its officers. Cr. Ayers seconded the motion. Cr. Wilson thought it would be very degrading for the surveyor, a professional man, to take his instructions from the town clerk. Cr. Gapes supported the motion, and did not at all agree with the opinion of Cr. Wilson. Cr. Clifford supported the motion. After a few words from Crs. Jenkins and Tremaync, The motion was amended by the insertion of the words “making or” before the words taking over. Cr. Tck drew attention of the Council to tbc fact that when Mr Bowen was magistrate be had stated that every councillor ought to be a municipal lawyer, and be did not think things had much changed since then.

Cr. Wil-on moved as an amendment —“ That the words ‘ take his instructions from the town clc-k ’he expunged.” The surveyor was a professional man, while hovorul writing a passably good hand there was nothing in the town clerk, who was an inferior officer, very little removed above an inspector of nuisances. The Mayor called Cr. Wilson to older. His obsnrvat ons were hardly parliamentary. Cr. Wilson would bow to his Worship’s decision.

The Mayor said if the words referred to were expunged, the mo 1 ion would mean nothing.

Tho amendment not being seconded, fell to the ground. Cr. Cass said lie had read the Act through once or twice, and found it particularly explicit. The town cl -rk was a gentleman of intelligence and knowledge, and was particularly adapted to umh r t uni such an Act. Cr. Ayers - [Hear, hear.]

Cr. Cass said, with regard to Cr. Wilson’s remarks, ho did not desire to cast tho slightest

slur upon the city surveyor, but at tlie same lime lie most certainly looked upon the town clerk as the superior officer. Both gentlemen were doing their work cdh iently, and had his entire respect and confidence. When he found they were not doing their work, then he would advocate a change a* quickly as anybody. The motion was then put and agreed to. TUB CATHEDRAL LAWN.

Cr. Wilson moved— “ That Mr Cookson, of the Commercial Hotel, bo allowed to make an entrance gate into ihe piece of lawn adjoining the Cathedral, conditional upon his continuing to keep the said lawn in good order.” Cr. Wilson spoke of the great advantages which would aocru •if the motion were carried. Mr Cookson wanted ic for th ■ use of his boarders, while not prohibiting the public, Mr Cookson had also agreed to put up an arbour. _ He hoped the Council would support him in his motion, which was a delicious and a wise one. Cr Cass wished to know if Mr Cookson and his hoarders were to be allowed to use the lawn at all hours.

Cr, Wilson said it would bo necessary to have a very carefully drawn up lease. This lawn cost the ratepayers money, and be hoped the motion would bo seconded, and so theirmoncy saved. The motion was not seconded, and accordingly foil to the ground, Cr. Wilson observing that he hoped they would have a more liberal minded Council next year. LOWER HIGH STREET. The Surveyor reported that the proposed improvements in this street, in the way of channelling and culverts from Madras street to the Ferry road drain, would co t .£(127 4s. Cr. Gapes said when ha had brought forward his motion on the subject he did not thi. k it would have cost ha'f the money, and under the circumstances he would withdraw his motion. Cr. Cass said, as the seconder of the mot on, ho could not consent to the motion being withdrawn. ■ Cr. Gapes said that, under the circumstances, he would proceed with the motion, and test the feebng of the Council. The motion was supported by Cr. Wilson. Cr. Ick thought it would be unfair to take the money from the general rate, and he, therefore, thought it should be taken from the first loan. Cr. Gapes bad no objection whatever, and embodied Cr. Ick’s view in his motion. Cr. Ayers wanted to know if tney could not borrow an amount temporarily, sufficient to do this and other works.

Cr. Gapes “said they might perhaps get an overdraft from the Drainage Board on the drainage rate account. The Mayor reminded the Council that they had not got a shil ing to do this work with. They had an overdraft of .£1906 already, and all they had to collect in rates for 1878 was .£2OOO. till, to do the work would be go' ting rid of a big nuisance, and perhaps the additional overdraft would be a less nuisance for them to suffer from.

The words “The cost to be a first charge upon any loan to be raised” were added to the motion.

Cr. Wilson urged Cr. Gapes to withdraw his motion.

Or. Tremayne did not think they could afford the expenditure of such a sum as <£627, .and he should vote against the motion, if it was propo ed to take the motion beyond Barbadoes street.

His Worship said there could be no overdraft as against drainage. It must be as against the gener 1 rate. Or. Wilson moved as an amendment —“ That the work be carried no further than Barbadoes st cet.” Why should the citizens go to the exnenso of improving the Roman Catholic property ? The amendment was seconded by Cr. Tremayne. The Surveyor stated that the work referred to in the amendment would be a saving of’ .£.BO, as against that proposed by the motion. _ The amendment was put and lost, and the original motion of Cr. Gapes was agreed to, Cr. Wilson being the only dissentient, carter’s lane.

The Mayor said he had received a letter from Mr Thomas on behalf of Mr Carter, offering the sum of <£‘2o as payment in full so far as he was concerned for the work done in Carter’s lane. Mr Harter considered the offer was a most liberal one. and it was made without prejudice, but would be withdrawn after Wednesday. The Mayor said Mr Carter’s indebtedness was .£sl 15s 3d. The actual cost of the whole work was <£l2s. The matter had now, however, been left to the works committee to settle. Cr. lek did not see how they could accept Mr Carter’s offer till they knew what the other parties would he prepared to pay. The Mayor moved that the letter he referred to the works committee. So far as his op nion was concerned he would not accept the <£2o. [Hoar, hear.] The motion was seconded by Cr. Wilson. Cr. Gapes, if it was a private debt, would feel inclined to accept the amount offered, Cr. Ayers would not take the amount tendered, but would try and obtain the whole. Cr. Binstead said he would be inclined to take what i hey could get. Cr. Tremayne would suggest that the Council should have a personal interview with Mr Carter.

Cr. Ick said every person interested in Carter’s lane bad received a letter asking them to meet the works committee at half-past nine o’clock on the f llowing morning. The Mayor suggested th t the Council should decline to take any notice of the street in question until the full amount had been paid. The Mayor’s motion was then put and agreed to. DR. ROSTER. His Worship the Mayor again road the letter of Dr. Poster as printed above, there now being a full Council. His Worship said the question of the building by-laws had been tested in Dunedin, when a builder had been fined for contravening them. Cr. Gapes said cabmen had been fined in Christchurch for bre ches of the by-laws, which on being tested were found to be invalid. His Worship said this was a matter that could not be treated of in half an hour. Cr. Wilson said the letter of Dr. Poster was impertinent to the Mayor, to the Council, and to the officers of the Council, and he would support the Mavor from any outside insult. Dr. Poster had proved himself grossly incompetent to the Council for many years past. Ho would move—That, in the opinion of this Council, the letter of Dr. Poster means a refusal to serve the vjity Council for the future, and this Council is of opinion that his withdrawal he a coopted.”

His Worship thought they ought to give the letter a fair and careful consideration before such a resolution was moved. Cr. Wilson said be would withdraw his resolution.

Cr. Casa would like to hear what [the Town Clo' k had to say to the letter. Cr. Gapos thought the matter should he postponed. Ho wns sorry to hear C r. Wilson speak so strongly and disrespectfully of Dr. Foster, who was still an officer of the Council, Cr. Cass, thomrh speaking in the same groove, did so in a pentlcmanly manner.

Cr. Wilson—That is a hit at mo, I suppose? Cr. Gnnes —Tt is intended to bo so. I shall move —“ That the consideration of the letter bo postponed until the next meeting.” Seconded by Cr. Wilson, who thought the Town Clerk omrht to write a reply to the charges made against him

Cr. tck did not, fed at. all insulted by Dr. Foster’s letter, wbieh bo did not tbink was intended to irsnlt any of them or their officers. The letter was a vc-y full one. and was no doubt a very temperate one from Dr. Foster’s point of view. If acts bad been done by the Council or by officers of the Council without the consent of Dr Foster, ho had a right to feel aggrieved. The saddle ought to be put upon the right horse. He was therefore sorry that such very rude remarks had been made by Or. Wilson, who, at one time, was the very first to defend Dr. Foster. o. Wilson —Will Or. Tek explain to whom ho attributes the rnde remarks. Or. Tck —I certainly think they came from you. His Worship the Mayor said ho had always stood up for Dr. Foster and the other officers of the Council, who ought to be allowed to defend themselves publicly. Still ho said_ there had been no charges made against the city solicitor by that Council. They had nothing to do with the feeling outside. He as their solicitor ought to light their battles, and not publish their secrets As a matter of fact them had not been a ease lost where he bad not been concerned in nrepariug the by-law Oia.t he hid rot published to the bench, and to the public that, iaei. Or. Binstead thought they should carry some sueh resolution as the following : —“ That a’l books and papers connected with the working of nil the officers for the past six mouths be thoroughly investigated.” r r . Wilson did not think it would he a proper thing to do auvthing of the kind. They ought to support their ofli ers. and not go into an investigatlon of this kind because of such a letter from Dr. Foster. The motion of Cr. Capes was then put and agreed to. and {he matter ndj uirueu until the next meeting of the Council, 10 lake place on the 17th inst. (,'AUTER’s I,AXE. The Council {ben went into committee to consider the letter of Dr. Foster on the subject of Carter’s lane, that had been addressed to Cr. Ick.

On the Connell resuming, the Mayor reported that the matter had been further adjourned. CHARITABLE AID. Cr _ Binctead asked it the Council could do anything towards obtaining any money for the Hospital and eba itable aid. His Worship did not think so this year. With regard to Hospital Sundays, they might bo a very good thing, but they were a mean way of robbing churches INSPECTOR OF FOOD. In answer to a question from Cr. Ayers, The Mayor said they had no inspector of food. Cr. Ayers thought they ought to have. He knew of fruit wholly unfit to eat being sold to children. The Council adjourned at twenty minutes to eleven until seven o’clock on Tuesday, the 17th instant.

January 21st, Dr. Foster... £2S G 0 July 6th 17 d 13 O 1876 February 1st 90 12 0 August 15th 41 5 6 1877. January 15th 15 16 3 August 11th 54 19 2 1878. February 5th 27 16 6 July 16 th M 49 13 0 .£196 2 5