COUNTY COUNCIL.

Grey River Argus, Volume IX, Issue 635, 12 February 1870, Page 3

COUNTY COUNCIL.

• ♦ (from our special correspondent.) Hokitika, Feb. 11. There was no meeting of the Council on Wednesday, there being no business on the order paper for that day; but members were busily engaged during the most of the day on various committees. The Printing Committee had another sitting, and took fresh evidence from Mr James Browne relative to his late printing contract. It has not transpired what has been the result of the further enquiries of the committee, but I hear that Mr Browne succeeded in modifying, to some extent, the opinions previously arrived at by the committee. The Committee on the Waste Lands has not yet brought up its report, but 1 learn that it has decided not to recommend any great change in the present system of sale. lam given to understand that so many objections to the leasing system were found to exist as to induce the committee to abandon such a proposal, whilst the fact that there has been lately and now is a great improvement in the demand for land leads to the conclusion that there is not at present any great necessity for reducing the price. The chief alteration likely to be proposed by committee is that the right of entry to work for gold on land sold shall be restricted to a term of seven or ten years, it having been found that the mining reservation clause of the present regulations operates in some instances against the sale of lands. Yesterday the Council met at the usual hour, and as it was understood that the fresh tenders for the Arahura road were to be opened there was a large attendance of the public. Before proceeding with the business on the order paper the Chairman laid upon the table a written opinion of the County Solicitor upon the subjects of letting contracts for lengthened periods and making contracts on deferred payments. Of course you are aware that there is a good deal of difference of opinion ; amongst the members of the Council on these two questions, and it was in consequence of a resolution that his opinion should be obtained that Mr Harvey sent one in. As it is an important question I will give you a copy of his communication : — "County Solicitor's Office. "The County Chairman, Feb. 10, 1870. " Sir— l have the honor to acknowledge the receipt of yours of this date, enclosing . a copy of a resolution of the County Council, 'that my opinion le taken as to whether the County Council has the power of letting contracts for a period exceeding six months.' The question put to me above is exceedingly vague, and does not appear to me to touch the point that I understand to be at issue. The County Oonncil being a Corporation, and acting under the powers contained in the County of Westland Act, 1868, section 8 and 73, may undoubtedly enter into or let contracts for such times as they please — that is to say, that the time for the performance of the work may be extended for more than six months. But as I understand, the question is oan the County Council also extend the time for making the payment over six months. Perhaps this also might be done, provided the Council was in the position to appropriate the requisite monies on the presebt Estimates for the due payment of the contract monies. But if the real question be whether the County Council, not having placed a sum of money on the Estimates, and not . having any * funds available at this session for the purprose, may lawfully enter into a contract, the price of which is to be paid and voted next session. 1 am of opinion that it is not lawful so to do. I must beg to refer j you to my written opinion, dated the sth February, 1869, on the subject of the legality of the Council forestalling the revenue of the County by borrowing loans of money, in which I was decidedly against the legality of such a course. Ido not see any difference between forestalling the revenue by a contract debt for ' money lent,' and a contract debt for 'work and .labor done.' The opinion which I have "referred to has been sustained as sound and correct, and in order to relieve the County somewhat from the pressure of such a construction of the law, the Government parsed the 6th, 7th, Bth, and 9th sections of the County of Westland Amendment Act, 1869, whereby the County Chairman, with the concurrence of the Treasurer and Auditor, is authorised to issue deficiency bills to meet any deficieiicyin estimated income, and to provide for the payment of sums which have been

duly autlwrised to be paid by the County Council, in session. This is the utmost extent to which in my opinion the County Council would be justified in going, and I do not think it would include such a case a& is now put to me. — I am, &c, " G. W. Harvey, j " County Solicitor." j You will see that the County Solicitor's opinion is in accordance with the view taken of this matter by Mr Harrison and the County Chairman, but for any good it might have effected, it need never to have been asked for. The advocates of the deferred payment system, who, I am sorry to say, include all the Council, but Messrs Harrison, Robinson, and the Chairman, are evidently determined to carry out their views, law or no law, on the subject. Last evening the amended tenders for the Arahura Road were opened with the following result : — John Barrett, L 2900 ; T. W. Hnngerford, L 2390; John Trenery and Co., L 2985, exclusive of culverts. Mr Roeves at once moved that Mr Hungerford's tender be accepted, whereupon Mr Harrison moved as an amendment that no tender be accepted during the present six months. He repeated all that he had previously said in opposition to the system of deferred payments, and the incurring any further debts until the present liabilities of the County were wiped off, but he might as well have spoken to stones. He explained that the Act enabling them to borrow at all, expressly provided that they could only do so in order to cover any unforseen deficiency in the revenue, and could not enter into contracts deliberately with the knowledge that they had not the money available. He quoted the various clauses relating to the subject, and once more called upon the Council to hesitate before committing itself. But, Lord bless yon, one might as well expect grapes from thorns and figs from thistles as to hop 3 for the exercise of honest conviction or enlightened views by such men as Messrs Barff and Reeves. The former gentleman, last night, attempted to show that the County Solicitor's opinion, and all the Acts in the world, meant nothing, because the Postmaster-General of the Colony had recently entered into a contract for a mail service to San Francisco for a period of years, although the Assembly only votes money for 12 months, the County could adopt the same principle. Was there ever such a lame and utterly foreign illustration ever used to strengthen an argument. In the first place, no contract of any kind entered into for any period beyond the t financial year would be valid, except by special Act of the Assembly. The Panama service was a case in point. Besides there is no power in the Colony to coerce the General Government or the General Assembly, but there is a power superior to the County of Westland. The Colony has said to the County, you shall not borrow except tinder such and such conditions, and we must abide by them. Mr Reeves, true to his. natural instinct, accused Mr Harrison and the Chairman of being actuated by some personal motive in oppossing the road, hinted darkly that because Mr Harrison has been contributing lately to the columns of the West Coast Times, and because the proprietor of that paper is the principal shareholder in the Arahura tramway he (Mr Harrison) was influenced, &c. I can well believe that Mr Reeves may really think there is truth in his surmises, for so far as I can discover it woald be exceedingly 'difficult indeed for that gentleman to believe in or appreciate integrity of any kind. Mr Clarke also said it was "all tramway interest at the bottom of it"— " it" in this case meaning the opposition of the Chairman and Mr Harrison to the proposed road. Mr Robinson spoke like a man and opposed the acceptance of the tender, not merely because it was wrong on financial gronnds, but also because the road was not necessary, and the money it would cost was much" more needed elsewhere. Mr White, whose critical mind seems better adapted for splitting straws than dissecting any important question, quibbled and tacked about, and finally got out of his difficulties by saying that if it were proved that it was illegal to make roads on deferred payments he would not vote for the motion. Mr Carreras was wisely silent, but, of course, he was in favor of accepting the tender. Mr Lahman moved a further amendment, in favor of which Mr Harrison withdrew his, postponing the matter until to-day, it being understood that the opinion of the Attorney-General was to be obtained in the meantime. Mr Hoos did, in fact, telegraph to the Hon Mr Prendergast on Wednesday upon this very matter, but had not up to last night received a reply. I have no doubt whatever what that reply will be, the law bearing upon the subject being so clear. Of course a lot of peoplo are furious at the delay and the possibility of the road not being made at all. The whole has been nothing mnre than the cry of a number of contractors and landjobbers. The Public Works Committee have drawn up the conditions to be offered to any person willing to construct the bridge across the Hokitika river. They are as follows : — That the Council guarantee the payment of a rate of interest not exceeding 20 per cent, on the sum of LSOOO, for a term not exceeding seven years, on condition that the contractor erect all such necessary bridges, earthworks, &c., that may be required to enable drays and passenger traffic at all time 3 to' cross from Hokitika to the Hospital road. That the bridges, &c. , should be taken over by the Council at the expiration of seven years from the completion of the bridge at a valuation. The services of the County Engineer will be placed at the service of the contractor at all reasonable times during the erection of the bridge. All the work already completed and the material upon the ground to be given in to the contractor, and, in ar d.tion, a lease of 25 acres of land at a peppercorn rent. The rate of tolls to be levied are to be fixed by the Council, and at no subsequent time to be reduced more than 60 per cent. Some important alterations in the Agricultural Lease Regulations are proposed giving a right of occupation over larger blocks at a less rent, and with only a nominal charge for survey. The report comes on for discussion to-day. The Council prorogues to-morrow, and in order to get through the remaining business the Council meets to-day at two o'clock, and will also have an evening sitting. Mr White threatens the Council with another Committee of .Enquiry, this time relative to the discharge of the chief Warder of the gaol. The Governor of the gaol informed the Chairman that he could dispense with that officer and do the duties himself, and accordingly Mr Sloddart was

dismissed with three months' pay* The Warder says he has been shabbily treated, and asks for an investigation. I am afraid, however, that there is no chance of the Committee being granted this session. The Committee appointed a few days ago to consider the circumstances under which Mr Warden Keogh was dismissed, have recommended that two months' salary be given to that gentlemen. The consideration of the report cotnes on to-day, and there will be some opposition to it.