PUBLIC MEETING AT BLENHEIM.

Marlborough Express, Volume III, Issue 106, 7 March 1868, Page 4

PUBLIC MEETING AT BLENHEIM.

The Adjourned Meeting of Householders and owners of property in Blenheim, to consider the propriety of introducing the Municipal Corporations Act, took place in the Council Chamber on Monday evening last. The attendance was very large.

Mr*. Moffitt said that as Mr. Sinclair did not propose a chairman, he would propose Mr. A. Dobson.

Mr. Dobson having declined, Mr. Hendei'son proposed Mr. J. M. Hutcheson, having no doubt that he would conduct the meeting with great satisfaction, (applause.) Mr. J. M. Hutcheson, on taking the chair', said he was not present on the previous occasion, and presumed that as chairman it did not much matter. He was perhaps as little interested in the meeting as anyone, and might be disposed to favor those who proposed anything most reasonable ; he hoped the meeting would be con-, ducted in a proper and quiet spirit. Mr. Henderson said the meeting was brought about by an adjournment being moved by Mr. Sinclair, and therefore it would rest with him to introduce the business of the evening. Mr. Sinclair was grateful for the information supplied by the last speaker. His motion was brought that they might have further time to consider the measure befox-e them.

Mr. H. Dodson admitted so much, but wished now to have the opinion of the ratepayers, and thought those who asked for the adjournment for any object, should urge that object. Mr. Sinclair said many were not here last evening who were now present, and it was for the Board to explain to them their views and wishes ; simply because he proposed an adjournment, that it was his only, was absurd.

Mr. Dodson could only say that the gentlemen who convened the last meeting had no objection to go over the ground. The main thing was the introduction of the Corporation Act, and that it should be introduced by the Board of Works. Much had been said at a recent private meeting about the Board, and he now called upon their assailants to repeat these calumnies here in public, if they dare. Mr. Moffitt considered the main point for postponement, was to see into the Act, and he would commence the matter; it was not his desire merely to be heard on the question, but he took an interest in the matter itself, holding property, and being concerned in the burden of the rates, and their application. The question was whether the Board under which the town exists at present should expire, or be continued into the new Council. The question of rating was a principal one for consideration. The mode of rating was upon the rental value of lands where improved, and a fixed per centage where not improved. In the old Act improvements were not presumed to be taken into consideration. While considering the foundation of a new Board, the alteration of the Town boundaries was absolutely necessary. There were lands included which received no benefit, as ilr. Adams’, and some of Mr. Sinclair’s. It was land applied to agricultural purposes, and which it was unfair to tax as town lands. It was also a question whether the money to be realised from rates would be sufficient to enable the Council to do material good. To keep the borough in working order it would take no more than under the present Board. The maintenance of the trunk roads through the town, and the keeping of three bridges in repair, were matters for consideration. It had been '

suggested that it would be better not to maintain the through lines of road, as the country traffic specially went through them. It has been argued on the other side that in other districts the roads were provided for by Boards; and if the town did not provide for them, no others would be found to do it; and that if others use our roads, we at times use theirs—that we benefit by the traffic that comes through these main roads of the town. Remarks were made in reference to a Mayor’s Court, because in such a place as London the Lord Mayor held courts. Some people think it would be the same here, but it only rests with the Government whether the Mayor shall be made a J.P. within the limits of the Council. There is no provision for holding a Court. Some think from the voluminous character of the Act that it is a machine difficult to work, but it merely required sufficient attention to carry out such an Act, and some people will always imagine obstacles to any Act. He thought it desirable that they should have a Council, instead of being hampered with present difficulties. It was better to have sufficient powers, as the Municipal Act gave, to be enabled to use powers properly. From a due consideration of the sections of the Act, he had come to the conclusion that it would be very desirable to have it in operation. Now, whether they should ignore the existing Board, or have a fresh election ; he believed it would be better to start quite afresh. It appeared to be a grave objection to those now in office, who had held not very desirable office in the Town Board—day by day—that there was a question affecting the validity of the Validation Act itself. The Act was intended to make good the actions of the Board of Works, but it had been argued that the Assembly had no power to pass such an Act; again two or three members had been elected in a manner somewhat questionable. If they went into the validity of the Board, they must go over all its acts, and how far it could collect rates, or the Council itself, in the circumstances. If they lost some money by the non-pay ment of a number of ratepayers, it would be a comparatively small matter, and if there were those who were foolish enough to pay questionable rates, they may have to lose them. On the former occasion there was one objection to the Act in the increased number of members required to form the Council, but that might be got over. It was very desirable to see the town looking as well as it possibly could; a small sum spent in certain cases might save much expense in after years. Whilst it remained nobody’s duty to see to certain requirements, they would never be done. The old Board had the power to appoint an inspector of nuisances, and they should have appointed one \ nuisances without an officer would never be abated. Had there been an inspector a short time ago, it would not have been permitted to allow shavings to be burnt near houses, and the late fire might have been prevented. It was desirable to have a legally constituted body, as every householder was willing to spend a small mite for the general improvement of the town. He trusted the meeting would see the necessity of adopting the proposal that the Municipal Act should be brought into operation. Mr. Sinclair cordially agreed in most of the remarks of the last speaker, but he ought to have spoken under some resolution. Mr. Moffitt spoke under the resolution that was before it at the time of adjournment. Mr. Sinclair said as they adjourned last meeting, they ought to have now some distinct resolution, as the previous one was exhausted by adjournment. Mr. Henderson said the adjourned meeting was understood to begin where the previous one left off. They wanted time, for the better consideration of the previous resolution, and now was the time to discuss it. Mr. Sinclair would say they were entirely wrong, for he moved for the adjournment of the meeting, not of the debate. (Cheers.) A resolution was now wanted. Mr. Collie was rather astonished at the absurdity of attempting to speak under a resolution which had never been read to the meeting, many of whom were not present at the former one. (Laughter.) There was nothing adjourned or not adjourned before the meeting at all Mr. Henderson would waive all objection on account of any irregularity. Mr. Moffitt moved “That, the Town Blenheim be incorporated under the MumcipaTTlorporation Act, 1867.” Mr. Henderson would rise to second the motion. The remarks of members of the Board at the last meeting, explained! matters Connected with the Act. He’

spoke to the subject of the adoption of the Municipal Act. All were quite of opinion that they should have something or other. All were anxious about their own private properties, as these deteriorated if they didn’t have roads and bridges attended to. It seemed to him no matter what name the Boaed went under. The Mayor was no different from a Chairman, and had no more powers. They had had a dissertation upon the Act by Mr. Moffitt, and legal advice cheap. (Laughter.) They had arrived at the position that it was desirable to have a Board ; but Mr. Moffitt had said there were serious and grave objections to members of the present Board. But they had not brought any serious or grave objection. He hoped to hear all about the Board ; he had been on it ever since it begun ! and he would ask them to consider whether in the name of common sense ; if a man became a member of a Board of Works, why he would be a worse man after it. He could not think they would believe it. He had remained the same man right through the piece. One had been good enough to say that he had managed his own business well enough ; but he didn’t do right somehow in the public’s affairs. Give him not a man who could not manage Iris own affairs, to manage public business. One said they died awful hard ; but they had been put in a public position, and they clung to their colors. They had never been asked to resign, and they had done all they could do. Where was the beginning of that agitation 1 Mr. Sinclair : Name ! Mr. Henderson ; Your own (Mr. S.) When he reviewed his past career, he would be led to express opinions that he was very sorry to have to express. At the first election he found a considerable state of excitement existing. Mr. Sinclair was there, and in a state of great agitation. [Mr. Sinclair : I deny it.] He believed if it had not been for himself, Mr. Sinclair would not have been nominated. He did cling to him, because he believed him to be trustworthy ; he moved that he should be a member of the Board, and he interested himself to get him carried. Afterwards he moved that he should be chairman, and he supported him till it was of no use. They met there at the Board, and were met with, “ I’m afraid, gentlemen, we can’t do this ; this Act is all wiong.” They met there frequently, and this was the way of it for a long time, till at last the light began to dawn upon his benighted eyes. He (Mr. Henderson) said to him at last one day—“ It you were only as fertile in telling us the way to keep out of difficulties as you are in telling us when they arise, it would be of some use.” Mr. Sinclair then pretty well ceased to attend. He said so again ; they had done all they could, and did try to spend the little money to the best advantage. No member of the Board had the money in their palms, some being out of hand rather. The second year came, and they had money to spend. The previous year it cost them £2O for the assessment. It was a pity they could not have spent that on the streets of the town, and really the work of assessing did devolve on the Board. They had to settle the assessment. He read the Act carefully to see if anything prevented two members of the Board to prepare an assessment. He came to the conclusion them was not. The Act said no member should get any emolument, but the two members were to receive none, and that he was, not far wrong would appear in the sequel. Mr. Sinclair, knowing they had done it, said to himself, “We have them there.” It was taken before Judge Ward, who decreed they had done right. It was carried to another Court by Mr. Sinclair; it was there found there was something more objectionable about the Act that they had no power over. Judges Johnstone and Richmond were of opinion the Board had done nothing wrong. Another Judge was not sure, but he was glad something else saved him the responsibility of giving a decided opinion. They therefore claimed as a truth standing Boai’d the sole and only motive that they did not employ an assessor, that they might spend the money on the town. The Board’s object at present was to get under way. It seemed to the Board that something should be done, and that the easiest and most simple way was to introduce the Municipal Act by means of the Board. He could not say he was particularly anxious to x-emain in the Board. If they only knew it, he had sat down at the end of High-street when he had to come to a meeting, thinking whether he should go or. not, and in utter disgust and heartlessness at their powerlessness for good, : he had not gone at all. The little money they had. yras being - wasted upon law-suits, and he had frequently

made up his mind not to go to their meetings again, but by next meeting he would ponder, he had been voted into office by his townsmen, that it was his duty to go, and other members joined their persuasions and so they had meetings again. He was not so very anxious about this matter, but there was some principle of heart in a man to do his duty. The object of the opposition was to let the town be as it was—he was afraid so. When Mr. Sinclair spoke last evening he stated he was happy the Act was brought forward—that it would suit the town ; now, the remarks hadhardly been made when he began to sneer at it, and alleged all sorts of difficulties ! In fact he put a spoke in the wheel, and it was his impression he desired it all to drop. Such peddling was unjust. The Act lays down that on the Board being merged into the Council, it would carry its claims and liabilities with it; that would enable the Board to do justice to everybody, some of whom had paid their rates for three years, others for two only. The Board had no intention to sue for arrears of rates ; their idea was that those who had paid more than others, should have credit for future rates, that was but justice. They might get the Board to fall through, and things would drift away anyhow ; those who had paid would not be left in a position of justice or equity, and this would not agree with the ideas of any of them. Our little town is placed under difficulties, and he would urge upon them to persevere in the idea that this Board do not lapse. Let it lapse, and what is everybody’s business will be nobody’s business —all will fall through, and Mr. Sinclair will get his way. He would say, be not led away by one man. The floods are not half so bad as the confusion created by one individual. Union was strength. If all be rated, and pay their little taxes, and see that their members spend the money properly. A person that brought disunion into a place, he dreaded more than any floods. (Applause.) Mr. Sinclair would reply to the lying allusions and base insinuations that had been preferred against him by mere adventurers ■who might have come into the province with £5 in their pockets, or mere operators in the hands of another ! If he was there to do injury to them, the accusation would have some weight. Could he object to improvements to other parts of the town without hurting himself? [Voices Ho.] The last speaker had said he was connected with the Board from its starting till now. He (the speaker) did not know that he owed the honor of his seat at the Hoard to that gentleman ! When he accepted the Chairmanship of the Board, he considered it was his duty to know on what grounds they were going, and he found out that from an imperfect clause in the Act, it did not apply to Blenheim, also that a clause empowering them to sell the lands of absentees, was irregular. He told the Board they could got it remedied in Council, and it was amended, his views having been adopted by the Provincial Council. Who therefore was right % He felt as chairman during the first year that they were really idle. They had appointed a clerk who had other means to depend upon with the idea that when he did work he should be paid for it; but a claim came in for £4O, although only a few pages of a minute book had been written. The second year another £4O was claimed for next to nothing, and he was overruled in the pay ment of it! On several occasions, relying on the same three, the clerk put himself for wax-d with his opinions as if he had become one of the members, and he was outvoted in resisting it, upon which, of course, he said he would cease to be chairman. The first rate he paid, though overrated, as he did not wish to speak against the assessment; the second time it was proposed that some of the members should become assessor’s, with the idea that perhaps they would get pay—(Ho, no.) at last they resolved to adopt the,, original assessment. At the end of the second yeai’, he left the Board. Next session, two members rated their own properties, which was not proper for appearance’ sake, even if legal. Five Judges took twelve or fourteen months to consider the subject, and in every case, upon all points, including condemnation of the assessors, tlxere was a majority of three out of five against the Board ! in this Municipal Act, it is distinctly laid down, that no Councillor shall be an Assessor. Because I would not be fleeced by these little God Almighties (!), envy and spite wex’e nothing. Whatever rates he paid he did not get a farthing benefit, but they had done him material injury by a ditch; so much so that if they had been anything they would not have been let alone. According to. their, ideas, you are very ungrateful people 1' You don’t appreciate excellence, perfection, or honesty ; and the

management of their own affairs must be admired !—wisdom rested with them ! If you think so, why don’t you pay your rates you dogs you? (Uproar) If driven out as a Town Board, wisdom would die with them ! You can’t do for yourselves without a rump of a Town Board ! The saying applied well to them ‘ that wisdom is worse than consumption.’ Like a clucking hen they thought they must cluck, or they would all be lost. They say the Board is connected with the measure. There was no connection between the Board and it. They were not a valid Board, and they knew it; they made a-sham pretence of consulting the town; unless they took their particular channel, they would not get anything; but really the Board was no channel to get it by. The question tonight was, whether they could procure for themselves, except through the channel of a worn-out and defunct Town Board. They had heard a great deal about a man being honest, and if put in a public position was he to become a rogue ?; but many men in public bodies say they are only one of a number, and so let things stand, as what is everybody’s business is nobody’s business. They were told last evening that no member of the Board got payment for his services; but hehad only to resign and get a billet. In regard to the doings of the Board during the last two years, there was a promise —and perhaps a payment —of £4O a year, for scarcely anything done. He should like to know if it should be paid, whether there would be further liability. The last assessor appointed got £5 for a few hours work, and lie merely added five per cent to the previous assessment of his (Mr. S’s) own land. One paddock of his, rented by another person, was taxed 35 per cent upon the rental. The Board was a spiteful, conceited, worn-out thing, else, why did the people refuse to pay their rates 1 (A Voice : Because you don’t pay yours.) He had been fighting the battle for his fellow-townsmen, and they would only be paying their rates to give the Board funds for going to law with again. He had spoken the previous night of the new Act, providing for the town’s being divided into wards. They could have three wards and the expenditure could be apportioned amongst them. He could not help saying again, that for a mere Town Board he Avas not aware that he was not indebted to another to get votes for him. He was sorry to have to say so much that was not relevant, but he had to reply. He returned to Mr. Moffitt’s address, and the only thing in which he differed from Mr. Mointt, was in reference to the main lines of road being improved by the Town ; he thought that came under the main resources of the province. Why one bridge would absorb one year’s rates. He was prepared to move an amendment on the motion before them, but he would like to hear other speakers, and if assailed, he ■would defend himself, and show he was not an obstructionist. (Applause.) Mr. Lawrence : Mr. Chairman I should like to ask whether there is any Town Board in existence at the present time 1 Mr. Moffitt enquired of the Chamnan whether Mr. Lawrence was in order. The Chairman did not think he was in order.

Mr. Norgkove said Mr. Lawrence had to speak to the motion, or else sit down. (Laughter.) Mr. Dodson would pass over Mr. Sinclair’s Billingsgate. There was no fear of the legal existence of the Board, or of collecting the rate for the present year. He Would adjust the matter with fairness between man and man. Was it just that one should pay and another get off ? By whatever illegality of the Act Mr. Sm-o-ained his case, as an honest man he should have paid his rates. What mighty triumph had Mr. S. gained ? The case was decided in his favor. That rate of £92 could not be recovered. The oldest settler, the father of the place, what good had he done ? All their rates Were paid, but he was scot-free. He would occupy the unenviable position of striding along these streets with the £92 in his pocket. He (Mr. D.) would read! from the judgment of Appeal Court. Judge Johnson * was not satisfied that the assessment was bad, or, even if irregular, that the rate was bad.’ Judge Richmond ‘continued to feel doubts whether it was sustainable,’ Mr. Sinclair raised a quibble, and it was rather bad to taunt them that they went to law, and that the ex* peases should come out of their own pockets somehow. If the members of the Board are liable and should lose, there are not three amongst you would see these men mulcted by any act of law. He moved more than six months ago in the Board that the rates of 1860 and 1867 could hot legally be enforced, and that parties who had paid should be credited with the amounts due for 1868. The present Board was not defunct and would collect the rate if the Municipal Act was not brought into force ; unless a majority of the ratepayers disaproved of it. They had not done jobs for themselves, nor had ho heard any say so. They drained here, anti formed roads there, at the time Mr. Sinclair says they were only rampant office-holders. An Act was brought quietly into Council by Mr. Sinclair, that would have given three votej^aljjßqwgC,.

without the knowledge of the town members, or Mr. Eyes Himself; but he (Mr. S) stood alone, and would stand alone Mr. S. said .£BO had been paid to Mr. Bagge ; but a good deal had to be done in initiating the Board, as there always was in such cases The present Clerk did not get £4O a-year, as he was overseer as well. Of course, there was nothing done now. The present Board’s legal position was questioned, but an Act was passed to give validity to proceedings under it, and they had to consider the intentions of those that made an Act, and be guided by these intentions. Mr. Sinclair in reply would move the following amendment :

V That this meeting before signing petitions for Municipal Corporation Act, should have the Minute and other Books of the Town Board produced, and know what became of the money, and that their liabilities be shown.”

—He had paid one year more than all the other members put together. .£l6O had been wasted merely to cover their own law expenses, and the clerkships. What a quantity the clerk had to oversee ! He was glad to see the new Act required that the salary should be declared beforehand, and the applicant selected afterwards. He was astonished the gentleman who had just sat down should garble the decree of the Supreme Court, and talk about him (Mr. S.) this or that, as if they had come there merely to hear about an individual; but they wanted to throw a cloud of dust to cover the question, but we were not to be foiled that way. If they were as black as jet it would not make the Act better or worse. Let us have the Act, but not through the refined channel of the Town Board, who could not work their own Act. The last three members were elected when they had no law’, till the Validation -Act came afterwards into force. He had the opinion of the highest lawyers to the same effect. If passed into the Council, they might be called upon to show cause how they acted under it. It was lawful for a Judge of the Supreme Court to grant a rule nisi. Law was not cheap, and they had had a taste of that already. Mr. Gorrie in seconding the amendment did not object to the Municipal Act, but he would oblect to its being raised by dust thrown about Mr. Sinclair. Mr. Dodson spoke very fluently because he was an auctioneer (laughter), and of course he would carry the meeting with him, even in abusing a man, Mr. Sinclair, which had been pretty well the work of the whole evening. Mr, Sinclair said they talked about a debt of honor, but the law of the country had decided in his favor; They could bring in the new Act with fifty householders. Mr. Norgrove said he had been alluded to as having said ‘ the Board died hard.’ He might have done so, and he had heard a good deal of virtuous indignation, but he had no objection to any of them personally, and would vote for them again ; but collectively they had not done as they ought. They first disfranchised electors because they had not paid a rate decreed to have been illegal; and then proceeded to elect themselves. He objected to people crawling in at the back door, when the front one was open. Mr. Moffitt said Mr. Sinclair’s amendment was only putting off the evil day, and was intended, by calling for meeting after meeting, to sicken them of the whole matter

Mr. Henderson said the object and use of introducing the amendment was procrastination, and the little game was from one quarter only. It had been said he had tampered too much upon personalities. They had, and he meant to do it. The, Board had been assailed for months past, and he had determined at this meeting, to have his say,' if he got a chance (Cheers.) They had been long assailed secretly with a dagger under the coat, whilst there had been no charge the Board thought shame of. Mr. Collie, on rising, was greeted -with cheers. He said he had been impelled by the attacks made, in exceeding bad taste, upon Mr. Sinclair, to throw aside the key-note of peace which he had. pitched at last meeting. Mr. Henderson had challenged them in indignant style to the encounter. He (Mr. C.) was in the Board the first session, and notwithstanding all his endeavours to see work done, he was constantly opposed by Mr. George Henderson and his party, so that during the whole year there was nothing done—not even the rate levied. And this was the honesty of the indignant Mr. Henderson! Again at the last election, although he had paid every rate legally levied, Mr. Henderson and the chairman would not let him speak, much less take part in the election, making the election invalid. He did not care for himself in the matter, but he had always been gratified by the attentive hearing he received from his fellowsettlers, and he had never been put down yet, except by the Town Board of Blenheim. (Cheers.) Mp Sinclair said there was. no necessity for being in haste ; they could do nothing till next September. Meantime let them know whether they had to condemn or acquit the Board ; let them have their acts and doings ; report upon them what became of their money, and what their liabilities are.

The amendment was then put, and upon a division the Chairman declared a [majority for the amendment. A vote of thanks to the Chairman concluded the, proceedings.