BOROUGH COUNCIL.

Kumara Times, Issue 1486, 2 July 1881, Page 2

BOROUGH COUNCIL.

The ordinary fortnightly meeting of the Borough Council was held at the Town Hall on Thursday evening ; present—His Worship the Mayoi', J. O'Hagan, Esq. (in the chair), Crs. Pearn, Pollock, Burger, Campbell, Galland, Simmons, Home, and Barnett. The minutes of the last meeting were read and confirmed. The Town Clerk laid upon the table a plan of a reservoir and main for water-supply to the town ; also specifications for completing the improvements to the Recreation Ground. The outward correspondence was read and approved of; and the inward read and received. The Town Clerk then read the letter which he had forwarded, under instructions from his Worship the Mayor, to Mr Perkins, the Borough Solicitor, asking for his opinion on Mr George Simmons' position in the Council. The following reply was received :—• Opinion re Mr. George Simmons. In answer to question No. I.—l am of opinion that Mr Simmons is incapable of being a Councillor. Question No. 2.—1 am of opinion that this fact of itself causes an extraordinary vacancy if not disputed, but if disputed as in this case, proceedings under section 97 are necessary and proper. Take the case of incapacity from contracting. If the Councillor denies he is the contractor, who is to settle the question but the Resident Magistrate. Again, if Councillor Simmons refuses to leave the room, and the Mayor or any Councillor puts him out, and it should afterwards turn out he is not disqualified, he brings his action at once ; whereas, if he is ousted of his office by judicial authority, that would fully justify his eviction by force if he refused to retire.

As to question No. 3.—lf Councillor Simmons sits, and acts, he is liable to the penalties under section 63, but his incapacity must be proved before a court of law. Councillor Simmons may be relying on the amended Act of 1878, section 25, because there .are no such words as "unless incapacitated, &c." and he may think that lie has a right to sit as long as Pierson sat; but I think that contention is unsound. William Perkins. 20th June, 1881. Mr Simmons stated that the instructions given by the Council to the Town Clerk had not been followed out. These were solely whether his (Mr Simmons') sitting in the Council affected or invalidated the proceedings of the Council. Cr. Pollock called Cr. Simmons to ordei*. The Mayor ruled Cr. Simmous in order. Cr. Pollock wished to hear the instructions given to the Town Clerk read. A discussion ensued in which the Mayor. Crs. Pollock, Pearn, Campbell,' and Barnett took part. Cr. Campbell said there was one matter which materially affected the Council: the action of Cr. Simmons voting must be called illegal. Another point he would take notice of was, it showed great want of discretion on the part of any councillor taking part in proceedings which concerned himself. He considered the Town Clerk had gone according to the instructions which had been given him. The opinion of Mr Perkins, the Borough Solicitor, was again read. Cr. Campbell then moved—" That the Town Clerk inform the Returning Officer of the vacancy in the Council ranks by the incapacity of Cr. Sim-

inons, so that he may give immediate notice of an election." Cr. Pollock seconded the motion. Or. Barnett stated that the opinion was the opinion of the Borough Solicitor only. Cr. Campbell said he would fall back on hia original motion. The Mayor formally informed Cr. Simmons of the Borough Solicitor's opinion. Mr Simmons desired to know if he was allowed to speak on this question % The Mayor assenting, Mr Simmons said he considered he held his seat as legally as any councillor sitting at this table. Many of the clauses of the " Municipal Corporations Act" could be read both ways. Before any certainty could be obtained, he had no doubt the matter would have to be referred to Court. What were the qualifications of a councillor?—He would read from the Act—" The following persons shall be incapable of being or of being elected to be councillors—Any person of unsound mind'*— [" Hear, hear," from a voice in the audience.] It was in the power of an unscrupulous valuator.to take a person's name off the roll. He did not act illegally in the Council in sitting here. Does the Council think my removal would purify it ? My acts are perfectly legal. Crs. Pollock and Barnett interrupted the speaker. Cr. Burger called Cr. Pollock to order. He thought Cr. Pollock was of " unsound mind."—[Laughter.] Cr. Simmons proceeded—What is the object of this Council ? It is to put Council to the expense of another election %

The Mayor suggested that Cr. Campbell should for the present withdraw his motion. With consent of Council, Cr. Campbell withdrew his motion. Cr. Campbell then moved—" That the Town Clerk be instructed to convey the thanks of the Council to Mr Bennett and Mr Pearson for the trouble they had taken in the matter of gold duty." Cr. Barnett seconded. The motion was carried unanimously. Mr Healey was granted another month to remove his building and fence from the North Town Belt. Mr Simmons here presented a petition from certain ratepayers re ousting him from his seat. The Mayor moved—" That the petition be received, and that it be considered when Cr. Campbell's motion comes on for consideration." Cr. Barnett seconded. The motion was carried. A report from the Reserves Committee was then read : Report. The Committee recommend that the following fees be charged for cutting timber on the Reserve : For all persons cutting or logging timber for saw-mills, £6 per annum. For all persons cutting or splitting timber for mining purposes or firewood, £1 10s per annum. W. Barnett, Chairman. Cr. Barnett moved—" That the report of the Coiumittee re prices for cutting timber be received and adopted." Cr. Home seconded. The Mayor moved an amendment—- " That the report be received, and that the clauses be considered seriatim." Seconded by Cr. Galland, and carried. The Mayor moved-" That the first clause be amended so as to read as follows :,—For all persons cutting or logging timber for saw-mills or for sale, £i per annum, instead of £6." Cr. Barnett seconded pro forma. Mr Simmons said they were poor people generally who requii*ed the timber, and they could not afford that price. If the motion was for cutting timber for sale, he should oppose it.— [Hear, hear.] A division was taken, with the following result: —Ayes 3 : The Mayor, Crs. Galland, Pollock. Noes 6: Crs. Barnett, Simmons, Home, Campbell, Burger, Pearn.—Motion lost. The first clause was then adopted. The Mayor moved—" That the second clause be amended, so as to read as follows :—For all bona-fide miners cutting or splitting timber for mining purprses for use in their own claims, or all persons cutting for firewood purposes, the charge be £1 10s per annum." The motion was seconded, but lost on a division being taken, as follows : Ayes 3 : The Mayor, Crs. Home, Pearn. Noes 5 : Crs. Galland, Barnett, Simmons, Campbell, Burger. Cr. Galland moved and Cr. Pearn seconded—" That the second clause be amended so as to read as follows : " That the Reserve be thrown open to miners only, for procuring timber for their own claims, at 30s per annum." This motion was also lost on a division :—Ayes 3 : The Mayor, Crs. Galland, Pearn. Noes 5 : Crs. Bar-

nett, Simmons, Home, Campbell, Burger. Cr. Pearn moved, and Cr. B;irnett seconded—" That the second clause be altered so as to read—' That all peri sons cutting timber ..for sale otherwise 1 than as pvdvided in the first clause" pay £3 pet annum.'" The motion was lost; Mr Simmons moved—" That alt bona-fide miners be allowed to cut; timber npon the Reserve at the rate of .£1 per year j same to be used upon their own claims or racps." Seconded by Cr, Some, and darriecl. The Mayor moved and Cr. Barnett seconded—" That another clause be inserted, as follows J ' That all persons engaged in cutting timber lor sale, except as provided in clause 1 and 2, .pay a fee of £$ per annum, excepting those engaged in cutting firewood, who shall pay a fee of 30s per annum.'"—Carried. Cr. Barnett moved and Mr Simmons seconded —" That all the foregoing licenses be issued half-yearly."—Car-ried. A report from the Public Works Committee was read, as follows : Repoh*. The Committee recommend that nd action be taken to secure the land required for the line of Water-pipes until more definite arrangements have been" made for laying the pipes ; and that these agreements be entered into under Section 21 of the "Amended Public Works Act. 1878." Also, that a foot-bridge be placed across the No. 2 Creek on the Zig-zag road, at a cost not exceeding £2, ; A. 0. Campbell. ; 29th June, 1881. .' r ' Cr. Campbell moved and seconded—" That the report asi reacTbp adopted." ' - : , An amendment by the Mayor,„ seconded Cr. Barnett—" That the consideration of the first clause of the report be deferred till next meeting," was adopted on a division. —Ayes 5 % i The Mayor, Crs. Barnett, Simmons, Burger, Pollock. Noes 4: Crs. Gal* land, Home, Campbell, Pearn. The Becond clause of the*report was adopted. The Town Clerk produced an estimate for completing improvements to the Recreation Ground.: On the motion of the Mayor, seconded by Mr Simmons, it was resqlvei that the consideration of tfie esiirri(aie stand over till next meeting. [The remainder of the sitting was occupied with the discussion of Cr. Campbell's motion concerning MrvSimmons' position io the Council, the reporjfc of which we find it necessary to hold over till Monday's issue.] ; " We have been requested by. ill's Worship the Mayor to publish " tjie following telegrams, with a view # to satisfy the public that in the opini'pnof the Borough Solicitor, the late proceedings of tHe Council will not'be'ln any way vitiated by Mr Simmons/taking part therein, as Clause 63 make's provision ior such irregularity :—'•*< -* To Mr. W. Perkins, Solicitor, Greymouth. (1.) Simmons still acta' as Councillor. Does the fact of his so acting since' Ist June [on which day the new-Burgess Roll came into force] in any Way vitiate--.the business done by the Councils (2.) "Does the 63rd'section of the " Municipal Corporations Act, : 1876," apply to this case? or does the : 12th section?" : : • '< -'J J. O'Hagah,;-'■■' '■'■■'■ ■'i- 1 ■■;,,-.; Mayor. « Kumara, July 2. :':.< ; .^U To J. O'Hagan, Mayo¥6rfruhiara. j The 63rd section applies to this case. William 'Pe&xns. . Greymouth, July 2.