BOROUGH COUNCIL.

Kumara Times, Issue 618, 20 September 1878, Page 2

BOROUGH COUNCIL.

The Borough Council met at the usual hour at the Town Hall last evening. Present : Crs. Hannan (in the chair), Ancher, Campbell, O’Hara, Blake ; and Mr Hanna also took his seat at the table. Messrs Brown and Dungan, the newlyelected Councillors, made the usual declaration, and then took their seats, after being introduced by Cr. Blake. Or. Dungan asked the Chairman to allow the opinion of the Borough Solicitor relative to the retiring members at the late election to be read for the information of the new Councillors. The Chairman ruled that the confirmation of the minutes must be the first business proceeded with. The minutes of the previous meeting were read and confirmed, after exception had been taken by Cr. O’Hara on behalf of Cr. Comfoot, (who was absent), of the wording of one of the resolutions. The Mayor here entered and took the chair. The minutes of the special meeting of the 10th inst., were read and confirmed. Cr. O Hara asked if Mr Hanna was a member of the Council 1 The Mayor replied by informing the Town Clerk to proceed with the regular business. The outward correspondence was read and approved of, and the inward correspondence was read and received, consisting of letters from Messrs Queale and Caldwell, Cr. Ancher moved {t That the sum of £1 be voted to Mr Queale as compensa-

tion for his loss of-time in attending the Court as witness re rates, Mir Queale hav l ing been relieved of his duties as. rate Cot lector previous to that date.*' Cr. Dungan seconded the motion ptp forma, and explained that if it Was part of Mr Queale’s duty as rate collector to attend the Court, he should vote against the motion ; but if Mr Queale had been relieved of his duties previous to that date he Was entitled to some remuneration. The Town Clerk having explained that Mr Queale, although attending the Court as a witness was no longer rate collector, the motion was carried on the Voices. The letter from Mr Caldwell asking f 01 * a drain to be cut at the back of sections south of Main street was referred ip the Public Works Committee .to report there* on. Accounts to the amount of £244 18s 2d were passed for payment. Tenders for painting the Town Hall ,■ were # opened, and the tender.: of Mr JV O’Hagan, for £lO-10s, Was accepted. Or. Hannan asked and obtained leave ; . to move “ That the letter of the Borojugh ;. - Solicitor stating his opinion relative to thd. ; late election he how read,”.which was carried and the which was as follows, was read by the Town Clerk i— •■ “Ex parte Kitmara Borough COUNCIL. “An opinion is required whether' Councillor Hanna or. Councillor Blake (who . - Was recently elected in place of Councillor • Bulstrode) will have",toretire' Ph’ 12th ■■■"' September next, Councillor Bulsttode , being the - one who Would haVe hadtb : retire had he remained.in office.v : - “The only law upon this subject is |o op - , found in section 64 of the Municipal Cor-?' ' porations Act, 1876,. and by that section this question must he decided. I am/; after careful consideration, - of the that Mr Blake must retain his" aif; Cv having been the last elected, and tK& Mh Hanna must retire. At first sight it " i ” would appear otherwise, but there is nothing in the Act to Show that Blakb. tPdk Bulstrode’s office , and responaibilitiek Blake was elected as a Cpuncillon ! the ■ whole Borough, not as one of fipa^hittßy?* three. The words of the Ac^afe'^tiUre&;K" ;; Councillors who have then in office without re-election. Suppose Bulstrode had been again elected -for Hfo. ,; own vacant seat, would not his re-election make himthelastof the nine, to retire! .J. think it would ; and therefore, - Blake being , elected instead of Bulstrode, - there : 1 much more reason for holding that he is- ' now the last of the nine to retire. . I have :• worked out the matter in figures/ and , cannot see how a complication can arisb if , a proper record is kept. X haveconsidered the possibility of an uncontested election, and do not think that such an event will affect the question as to Who is ! -I to retire. By section 57 provision is ■■ made in event of an extraordinary vacancy -; in office of Mayor; and for the period !- the person appointed in such an event-js-, . to hold office ; but there is no'similarprovision in case pf a Councillor, which'there ' ; , would have been had it been intended.hy ‘ T -i the Legislature that - each Councillor should be the representative of the one ih whdsi • place he was elected. I admit that'it would be the easiest and least complicated course to keep each set, of three . Council-, lors distinct, but the meaning' of the' Act will not permit of this. ■; ; “lam therefore of opinion that Opiih- - - cillor Hanna should retire, not Councillor Blake. V “ William Beskins.. “ Chambers, Werita street, ■ . 5 “ 30th August, 1878.”: The Mayor moved “ That the thanks of this Council be recorded on the ! minutes to the retiring members, for the : very efficient manner in which they had discharged their duties. , ; i. (V 'J Cr. Campbell asked for the namesof ther i retiring members'. ■ ‘ Cr. Dungan perfectly agreed With Cr. Campbell, as he thought they should know who were the retiring members, and tire Mayor, as Chairman of the Oouncil, should' have no objection to give the ndtnes of the' gentlemen to whom the vote of thanks was to be recorded, as he (Or, Dungan) should like to know who the were before voting for the motion. The Mayor said the names of the retiring members were Messrs George, Beam, Hanna, and Blake. Cr. Dungan thought it was not complimentary to Cr. Blake to include his name after the opinion given by the Borough Solicitor, as he (the speaker) held that thpl opinion of the Borough’s legal adviser was ' definite on this point. Cr. Hannan said he intended to vote against the - motion, purposely to create a‘ division and to-see if the Mayor would ‘ take Mr Hanna’s vote. Mi’ Hanna wished to explainer. Dungan rose to a point of order as, to whether Mr Hanna had the. right to address the Council as one of its members. The Mayor stated that so long as_MpHanna behaved himself he (the <ffiaifm&ri):i should not rule him out of order. Mr Hanna said that councillors should not be led by the nose by lawyers, as.an- - other and different opinion had been given, by a gentleman equally as clever 'on this } question as the Borough Solicitor. 'He did not covet the seat in the Council, but, in justice to those of the ratepayers who. had placed him nearly at the head, pf the poll, he could not see why he should' occupy the seat previously vacated by late Or. Bulstrode, and have now to retire. T On these grounds he claimed the seat, as he .; considered his opinion was as good as the; Borough Solicitor’s. Cr. Brown thought they were - wasting ’ valuable time; they had. paid, for the opinion of a solicitor, and that opinion* they should be bound by. The Mayor thought it would have beenf very hard on Mr Hanna had he told him" to walk out of the room, he argued that the opinion of the Borough Solicitor should be taken, as far as the Council was concerned. A celebrated Wellington

lawyw(Mr TraveW) had stated that no j Councillor could resign. Such being the ; Case he (the Mayor) in his private opinion ; did not agree with Mr Perkins ruling. He \ simply came to the Council as any other j Councillor and took the chair. He had i nothing to do with the Act as 10 who should sit or otherwise, as certain provisions were made in the Act to meet these cases. Or. Campbell pointed out that the Word resignation was in the Act, in spite of all the great Travers could say to the Contrary. He moved as an admendment “That the words Hanna, George, and Peam be added after the words retiring councillors.” Cr. Brown seconded the amendment. Cr. Dungan said this was a matter of vital importance, as to whether they should accept the legal opinion of the Council or the legal opinion of members at the table. He believed the opinion of the Mayor was contra to that of the Borough Solicitor. He considered this Was a matter that must be understood, although he meant no disrespect to Mr Hanna, whose position at present was that Of-a Councillor at the table, in de,fiance of the legal opinion of the Borough Solicitor. If the Council were to ask an opinion and then go outside it, he thought that the sooner the Borough Solicitor was done away with the better. . The amendment was then put and carried Or. Hannan only, voting against it, to make a, division, which Mr Hanna frustrated by briefly thanking the Council and leaving the table. The following resolutions were carried .Unanimously:— “That this Council will assist the Humara Railway Committee in endeavouring to get the Government to modify the railway line so as to include the chief centres of population, viz., Ku--IW, Goldsborough, and Stafford Town.” vThat this Council endorse the resolution passed by the Kowal-Paaa Meeting to the effect that the line by way of the Taipo and the Waimakiriri should be adopted for the railway between the East and West Coasts. ” The Council then adjourned.