CITY COUNCIL.

Globe, Volume XX, Issue 1511, 19 December 1878, Page 3

CITY COUNCIL.

Tuesday, December 17. The ordinary fortnightly meeting was held at 7 o’clock. Present—His Worship the Mayor, and Crs. Ick,[Gapes, Ayers, Tremayne, Jenkins, Wilson, Binstead, Clifford, and Cass. finance. The Town Clerk reported as follows: — Receipts for the fortnight, £4445 16s 6d (of which the subsidy was £3498 9s 6d ; drainage rate account, Cr. balance, £1206 10s 41d ; receipts, £l6B 4s 11 id; bills paid by the committee, £225 15s 9d ; bills to be paid £787 4s 8d ; drainage rate account, No. 2; bills to be paid, £1941 15s 7d. The Mayor stated that the credit balance at the bank was £2037 0s lOd. The Government had deducted £l6Bl for the Christchurch Hospital. Last year the amount deducted was nearer £4OOO.

IIE« EOYAL HIGHNESS THE PRINCESS ALICE. Cr. Cass thought it would be well if the various councils of New Zealand would unite together and forward a message of condolence to her Majesty the Queen, lie would suggest that the Town Clerk bo requested to communicate with the other municipalities on the subject. Cr. Wilson thought the suggestion was a good one, and the expense would bo a trifle. Cr. Cass thought some £lO or £l2 would cover the whole expense. Ho would move—- “ That the town clerk bo requested to communicate with the town clerks of the cities of New Zealand, with the view of forwarding a cable messige of condolence to the Queen on the occasion of the death of the Princess Aloe.” , ... Cr. Wilson seconded the motion, which was agreed to. ... It was resolved that the various town clerks should bo communicated with by teleOr. Wilson presumed the Council would bear the expense as they would have the honor of sending the message. The Mayor presumed so. ALLEGED IRREGULARITY. A letter was read from Mr G. L. Lee, Returning Officer, on tho subject of a statement made by Mr G-apos that a wrong erasure had been made by Mr Haskins at the election of Mayor in 1877. Ho had made enquiries into tho matter and found that Mr Haskins, who was acting as Deputy-Returning Officer, had committed a mistake that anyone was liable °Cr, Gapes said he had never said that Mr Haskins had made the erasure wilfully. It was no doubt a mistake. The matter then dropped. THE CITY SOLICITOR.

The Mayor stated that now was the time to consider Dr. Foster’s letter, if they desired to d °Cr.' Ick thought Or. Cass’s motion dealt with the matter. . Or. Jenkins said there were certain charges in the letter that must be dealt with. His Worship thought the letter ought to be considered, and decided on its merits. The Council resolved to go on with its consideration at once, and the letter was again read. It has been already published Cr Binstead wanted to know why Dr. Foster had sent the letter to the Council, who had made no charge against him. Cr. Wilson presumed it was the motion or Cr c?ick said Cr. Cass had certainly made remarks about Dr. Foster. . , ~ His Worship did not think officials should take individual expressions of opinion of any member of the Council. Certain > charges having been made in Dr. Foster s letter against the Town Clerk, that gentleman had been requested at the last meeting to draw up a reply, which ho had done, to the following

ellect„ City Council Office, D> comber 17th, 1878. To his Worship the Mayor. Sir —I have the honor, by direction oi the Council, to offer the following remarks on the various subject! touched on in the letter of the city solicitor (Dr. Foster), addressed to yourself under date December Oth irst., and in doing so T must be permitted to express_ my regret that that gentleman has, by way of himself, thought proper to give the go-by to the charge involved in Cr. Cass motion, and has contented himself with making a senes of statements which are beside the mam question and are in the nature of counter charges against the Council, or in reality against myself bb an officer of the Council, the burden of liw complaint being that 1 have retained from taking his advice and guidance on matters which, as he assumes, have miscarried for want of such advice It is but too well known to members of the Council who have occupied their seats tor a considerable time, that in numerous instances in which by direction of the Council the opinion of Dr Foster bas been asked tor, the advice when tendered by him to the Council and considered by that body, has been laid as do, oi else followed only S o far as it was deemed in the particular case prudent or safe to do so. In attempting to defend myself arainat the indirect and covert attacks made on mo by the City Solicitor, I think it proper that I should deal with the cases selected by that gentleman in the order in which he has placed them, and in making the observations which I feel compelled to make in my own justification, I trust i zh.i not be understood to imply any imputation upon any member or officer of the Council. Carter’s Lane.—l ought, in reference to this work, to state shortly the mode of procedure usually followed by the Council in regard to private streets, it is as follows : —When orders aie givou to make a private street, the City Surveyor is instructed to make a plan of the work to be dine, and an estimate of the cost, together with a statement of the proportion ol such cots which is to be borne by each owner under the A ct, and for that purpose bo is to ascertain the extent of frontage of each holding. Upon a return of those several matters being handed to mo, it then becomes my duty to give the notices required by the Act, and the work is then proceeded with in dun course. In the ease now under observation, it is snffi dent for the purpose of this letter for me to say that no plan or estimate of this work was over made, nor was any return given to me of the holdings with their respective frontages. It was therefore _impossible that I coffid give the notices required by section 210 of the Act. I hope, however, that all difficulty in regard to this roattcy way he obviated by the circumstance that the work was undertaken in consequence of the petition of a majority of the residents in Carter’s lane, and

that as suggested by Dr, Foster m bis letter of the 25th November to Or. Ick, on completion of the work, and upon the street being taken over, the cost of it may be paid without further trouble. I cannot, however, conclude my remarks on this case without referring to a statement of Dr Poster in the letter last mentioned, namely, that he understood from me that the petition above mentioned was prepared in my office. 1 have no hesitation in contradicting emphatically that assertion, and in declaring that I never s.iw the petition until it was presented to the Council, and that I never gave Dr Foster to understand otherwise. The Triangle Right-of-way—ln this case, on a resolution of the Council, the city surveyor returned to me a list of holdings, with extent of frontage, &c., as usual in such cases, whereupon I gave the necessary notices. The point raised in° opposition to the claim of the Council in the Resident Magistrate’s Court was, that the notices had been served on occupiers only and not on owners, and the case of Mr W. Wilson was relied on, but Mr W. Wilson was returned as both owner and occupier, and was so placed on the valuation list, in accordance with the Rating Act, so that I had a right to consider that notice to Mr Wilson was sufficient to bind him in both capacities of owner and occupier. This view of the case, which, I respectfully submit, has at least common sense to recommend it, was not presented to the Court by Dr. Foster when he found himself in the dilemma described in his letter. Aldred street (not Horatio street)—This work was undertaken under the following minute of the sanitary committee, 22nd May, 1877:—“The committee Visited Aldred street, and pointed out to the surveyor the necessity of taking immediate action by cutting a temporary drain to let off the water, and in addition to lay down a permanent concrete channel.” —May, 1877. Mr Banks’ contract—The remarks of Dr.

Foster on this matter can only have been made for the purpose of constituting a medium for an attack on me personally. He docs not pretend that he ought to have been instructed to frame the contract with Mr Banks. He does not even assert that there was any necessity whatever for a contract in writing, or in any particular form, for the purpose of disqualifying Mr Banks from holding a scat in the Council, but be mentions the matter only for the reason apparent on the face of it—namely, to give himself an opportunity of saying that an informality existed in the contract, which left it open to Mr Banks to assert a right to a seat in the Council, and then to go on to say—“ If the town clerk’s office is not competent to manage a trifling thing of this sort, without throwing the Council into hot water,” &c , Ac. Dr Foster does not say as he he ought iu honesty to have said, Mr Banks being concerned in a contract with the Council for the supply of goods, and having for several months continued to supply goods under his contract, and to draw periodically the payment for those goods, was clearly disqualified under the Act from holding a seat in the Council. The fact is that after Mr Banks’ tender for the supply of goods had been accepted and before the contract was signed he proceeded to carry ont bis contract and the document lay in the office uusiened, and was inadvertently put on one side. This was the only “informality” in the contract, and it is this circumstance that Dr. Foster lays bold of for the purpose of inferring that f, or as he puts it,_ “my office,” is incompetent to manage the business intrusted to me. The motive of Dr. Foster in referring to this matter is too clear to require mo to dwell

further on it. Patton’s contract for Boulders. —As to this matter, I have only to refer to the minutes of the Council and of the works and finance committees, by which it will be seen that the claim of Mr Banks, who had taken a transfer of Patton’s delivery notes as security for money advanced, was ignored by the Council over and over again in consequence of Patton’s bankruptcy and the contract being unfinished, and on February 11th a resolution was proposed by Cr. Euddenklau, seconded by Cr. Briggs, and carried, to the effect that the Council declined to pay any person until the disputed claim _ was settled by the Supreme Court. Some considerable time after this, upon pressure being brought to bear on the Council, the matter was, by direction of the Council, referred to Dr. Foster for his advice. I afterwards, to prevent litigation, induced the Trustee in Patton’s Estate to instruct his solicitor to withdraw his opposition to the payment of Mr Banks’ claim, and succeeded in having the matter settled. Building By-Law. —Inasmuch as his Worship the Mayor has already explained the circumstances connected with the drawing of this bylaw, I do not think it necessary that I should make any explanation of my own. I have no remarks to offer on the observations of Dr. Foster, wherein ho congratulates himself on the generally successful result of his exertions when his opinion is not differed from hy any one. I have only to say that I have on all occasions refrained from seeking his advice, xxnlcss I have received instructions from the Council or Mayor to do so,_ and that whenever I have received such instructions I have always followed them. I must beg leave in conclus ion to add that on occasions xvlien by direction I have waited on Dr. Foster, and asked bis advice on questions relating to city business, he has, as a general thing, succeeded in raising a cloud of technicalities and other difficulties, and thus perplexing and mystifying me to a hopeless extent, and then usually suggested half a dozen more or less possible xvays of escape, intimating as a general thing that the Council was at perfect liberty to follow such of the coxxrses suggested as seemed most pleasing to itself ; the result almost invariably being that I have left the solicitor and returned to my office in a tenfold woi'so state of confusion and bewilderment than that in which I sought his assistauce. I have the honor to he, Sir, Yoxxr obedient servant, F. T. Haskins, Town Clerk.

Cr. Wilson thought the town clerk had defended himself very well and made a very good case of it. Cr. Gapes said he could not understand the matter of Aldred street as put by Dr. Foster, who it was well known had lost the case. The Mayor read the report of the committee on the subject of the street in question. Cr. Gapes wished to explain that Dr. Foster was not in fault in losing that case. Or, Ick thought that more was made of these letters than was necessary. They had no doubt been somewhat lax in carrying out

their regulations. However, what hud passed would have the effect of making them more careful in the future, and the best way to carry on the business would bo strictly to define each officer’s work. He did not think the Council had been wise during the last year or two for acting without the assistance of their solicitor. Gr. Gapes thought that Dr. Foster had made more of the matter of Banks and himself than there had been any reason for. He thought both the letters vindicated the actions of the writers. The Mayor said'the discussion was irregular, os there was nothing before the Council. If a motion were put, then there might be a discussion. With regard to the allegation of Dr. Foster as to not serving notices, Cr. Wilson said ho did not remember having been served with regard to certain property in the Triangle.

The Mayor felt compelled to speak of Patton’s case. It was a most unfair statement from beginning to end. It. was a contract for boulders. Ho failed before the contract. was carried out; but as the stones were delivered the city surveyor gave receipts, on which money was advanced. When Putlon failed the solicitor in bankruptcy applied for the money, also the person who bad made (he advances, and the Council refused to pay either till the matter was settled by the Supremo Court. It was resolved that the parties were to settle if. amicably, and the Council to hold the money till tthis was done. Why, therefore, should they require the advice of a third solicitor:'’ If Mr Harper did a frioudly thing to get Dr. Foster a fee, then he wws lucky to have such a friend. That bdlng so, his conduct in the case had been exceedingly modest. He did not sec that anybody was to blame in Patton's case. What the three lawyers would have done between them he was not prepared to say j but the matter was amicably settled. With regard to Mr Gulf, ho (the Mayor) had consulted Dr Foster’s clerk in Ida absence, and bad followed his advice. This bore a very different complexion tiom that. put. upon it by Dr Foster, lie doubted whether the valua* ion would have fallen through in any other place, and the building regulations had been tested in Dunedin notwithstanding what had been said on the subject. He was very sorry such a letter had been written. It could not have been written on Cr. Ca«s’s motion, which was simply calling for a return of certain fees. His own opinion was that the letter had b s en written with the sote view of injuring the toun clerk, whose letter, however, had yery well replied to the charges made against him. The matter of Bank’s eontrac had been dragged in for the purpose of being

a shot at the town clerk who had, no doubt, made mistakes though he did not say ho had made all the mistakes attributed to him by Dr Foster, who was clearly moved by animus. Or. Ayers asked if the town clerk .was at liberty to consult the solicitor without directions. The Mayor replied in the negative. Or. Jenkins moved that the letter of Dr. Foster do lie on the table. After a pause, The Mayor presumed that the motion was not moved offensively. Or. Jenkins replied in the negative. The letter was one that was very difficult to answer. Ho would alter his resolution to run as follows—" That the letter of Dr. Foster be acknowledged.” Seconded by Or. Wilson. Or. Clifford asked if it was the duty of the Council to submit their by-laws to the city solicitor. The Mayor would think so. Or. Clifford thought they had taken bylaws in use at other places, and not submitted them to the solicitor. The Mayor admitted this was correct in the case of the building by-laws. Or. Clifford held that Dr. Foster was not to blame in many things that had been put on him. Or. Tromayne hoped the Council in future would be more careful than in the past. The motion was then put and agreed to. Cr, Gapes moved that the town clerk’s letter be received. Seconded by Cr. Wilson, who thought Mr Haskins had made a most able reply. The motion was agreed to. SURVEYOR’S REPORT. Christchurch City Council, 17th December, 1878.

1. The channelling of Bedford Row is now finished, and the formation of the road and footpaths is being proceeded with. 2. This morning the Works Committee and I visited the suspension bridge, to ascertain the extent of the damage it had sustained by the crowds of people passing over it last evening. I find that one of the suspension chains is broken, which can be easily repaired, and by supporting the centre portion of the bridge it may be made to do duty for some years longer. 3. The asphaltc of Armagh and Victoria bridges has been repaired and floated. 4. The right-of-way at the side of the “Times” office is being asphalted. C. Walkden, City Surveyor. The Mayor drew attention to the fact that the contractor was asphalting Latimer square on the square side running north and south. He thought such work was quite unnecessary. It was a strange thing that the streets to be asphalted in order was left to the contractor himself to decide, Cr. Ick thought the pathway mentioned required to bo asphalted quite as much as any other footpaths. However, the works committee had no feeling on the subject. Cr. Ick said the order in which the work was done wbb decided, so far as the contractor was concerned, by the city surveyor. The Mayor said the surveyor had told him that the contractor choeo his own street. The Surveyor said his Worship must have misunderstood him. After some discussion, Cr. Tremayne moved—“ That the asphalting of the footpaths abutting on Latimer and Cranmer squares running north and south be deferred for the present.” Seconded by Cr. Cass and agreed to. WORKS COMMITTEE REPORT. The committee’s report was read. With regard to Carter’s lane, it left the whole matter to the Council. Mr Thomas had withdrawn the offer of £2O made by Mr Carter. Or. Wilson moved—“ That the solicitor be instructed to proceed against the parties owning the land in Carter’s Lane to recover the amounts duo by them for forming Carter’s Lane. Cr. Jenkins seconded the motion. Cr. Cass would move as an amendment—- “ That the Attorney-General be applied to with the moaning of clause 12.” The Mayor said that the Attorney-General would simply refer them to their own solicitor. Cr. Cass withdrew his amendment. It was resolved to call Dr. Foster’s attention to the validation clause of the Act.

The Mayor, said he would move as an amendment—“ That no further steps bo taken in the matter.” lie would advise them never to take the street over —to take the iron bridge up and remove the metal which the owners of the land said they did not want. They would soon come to their senses and find that two could play at that game. He would strongly advise that the street should not bo taken over till the money was paid. The amendment was seconded by Cr. Gapes, who believed that to go to law would only be to throw money away. After some discussion, Cr. Wilson’s motion was withdrawn, and that of the Mayor put and agreed to unanimously. inspector's eepoet. The Inspector’s report was read and approved. watee supply. In the absence of a report Cr Cass stated that the committee hoped to bo able to furnish a report by the next meeting to be held in a fortnight. collectoe’s eepoet. The collector’s report was read and adopted. UEINALS. Cr. Wilson moved-“ That the sanitary committee bo instructed to consider the question of the erection of twelve urinals in the city, and to bring up a report on the subject in a month.” The motion was seconded by Cr, Ick. The Mayor thought the sanitary committee had full power to bring up such a report without a motion being first passed by the Council. The motion was then put and agreed to. DE. POSTEE.

Cr. Cass moved—“ That in the interesss of this Council it is desirable that the resolution on the minute book under date April 2nd, 1866, appointing Dr. Fester city solicitor should be revoked, and that it be revoked accordingly.” In moving the resolution, Cr. Cass said ho was not sure that ho should have brought it forward at all had it not been for the letter that had been read that night. He had a great respect for Dr. Foster, and had not brought forward his resolution on personal grounds. His reasons were, that he considered that Dr. Foster quite misapprehended his position. He evidently thought that he was to be consulted on every special case before any action was taken, and ho did it in language that was highly unbecoming. They knew they had a legal adviser, but be was not to be consulted on every possible occasion, and he thought the town clerk was to be commended for not going to Dr. Foster except when it was absolutely necessary. Ho was not an officer of the Council within the meaning of the Act, and there was therefore no need to consult him on every possible occasion. Cr. Cass proceeded to report at length to the city solicitor’s connection with the Conned, and various cases in which he had been concerned. If the Council consulted its own interests and those of the citizens generally they would pass the resolutions. Cr. Wilson seconded the motion, and said he could add nothing to the remarks of Cr. Cass. Cr. Binstead did not think the letter of Dr. Foster was unnecessary, as slated by Cr. Cass. It seemed to him that things were not working so harmoniously as they might do, and he should move as an amendment —“That, in the opinion of this Council, it is desirable that a thorough and impartial investigation be made of all necessary books, documents, works, &c., relating to the duties of the officers now under the dived ion of this Council; such investigation to bo made of matters pertaining to not less than the last eighteen months, and this with a view to roorm or reorganisation of said staff of offic ors if, after investigation, it is believed to be necessary. That the above amendment be submitted to a special committee of councillors to ho named to report in two months.” Cr. Clifford seconded the amendment. Cr, Gapes thought that if a committee was appointed aa suggested by the amendment, it should be a committee of the whole Council. Cr. Binstead said he would accept the suggestion of Cr. Gapes. Cr. Wilson would draw the attention of the Council to the fact that the motion of Or. Binstead was not an amendment. Some discussion ensued.

The Mayor held that Dr. Foster was an officer of the Council. Several other amendments were suggested and numerous alterations were made in that of Cr. Binstead. Ultimately Cr. Binstead adopted the following amendment: —“ That a committee be appointed to consider the question of the reorganisation of the office staff, including the city solicitor, to examine all necessary Council books, and obtain evidence, if they consider it necessary, such committee to consist of the whole Council.” Cr. Ick strongly supported the amendment, and defended Dr. Foster from the attacks made upon him It would, he considered, be a most unfair thing to single out Dr. Foster from the other officers of the Council. Or. Gapes also supported the amendment. He thought inquiries of this kind should periodically be held. Cr. Jenkins supported the amendment. The Mayor supported the motion at considerable length, and said it was a very strange thing that the majority of the members of the Council had on various occasions expressed themselves as dissatisfied with Dr. Foster and his opinions. Or. Tremayne considered the motion of Cr. Cass to mean the dismissal of Dr. Foster. Or. Wilson spoke against the amendment. Or. Cass, in his reply, said that members had stultified themselves both in and outside the Council, by saying one thing, and when it came to the point doing another. The amendment was put and declared to bo carried by six to four. Ayes—Ors. Ick, Gapes, Tremayne, Clifford, Binstead, and Jenkins. Noes —Ors. Cass, Wilson, Ayers, and the Mayor. Cr. Wilson moved as an amendment on the amendment which now became a substantive motion—“ That the matter be deferred for six months.” Seconded by Or. Cass. Cr. Ick said if members were determined to thjow obstacles in the way he would stop there until noon on the following day. The amendment was lost, and the motion of Mr Binstead put and carried. Or. Gapes asked the Mayor if he considered he belonged to the Oouncii after noon on the following day. The Mayor said he had taken no advice in the matter, but he should not consider himself a member of the Council after that time. Cr. Jameson had taken his place when he had resigned. In Dunedin they had a new Mayor, but the late Mayor had not returned to his position as Councillor. Mr Gapes had better consult a legal adviser. The matter then dropped, CENTRAL BOARD. A telegram was read from Colonel Whitmore, asking if the Oouncii had taken any steps to nominate a member of the central committee for the management of the hospital and central charitable aid, and whether the Mayor would be good enough to favour the Government with the name of the nominee. It was stated that such nomination had been made. TENDERS POE DOG COLLARS, Several tenders were opened forre-stamping, &c., of dog collars for the ensuing year, the tenders being 255, 16s, and 10a per 100. The tender of Dean Brothers (the lowest) was accepted. The Council adjourned a few minutes after midnight.