Hanawatu HERALD. SATURDAY, APRIL 8, 1893. The Ferry.

Manawatu Herald, 8 April 1893, Page 2

Hanawatu HERALD. SATURDAY, APRIL 8, 1893. The Ferry.

J The Borough Council has been, placed in an unfortunate position by its attempts -to make the best of an unfortunate job. It will be remembered that in i*esponse to advertisement, the Council, in March, received tenders from persons desirous of leasing the Wirokino ferry. The man, Stanley, who bias since been committed for trial, was the successful tenderer and accepted subject to approved sureties being found. The names of two sureties were sent in to the Council and the lease and sureties Bond were being prepared ready to be executed on the thirtieth of last month. Owing to the charge made against him, Stanley wrote to the Council asking' to be relieved from his tender and that his deposit might be returned. At this time the Lease and Bond had not been signed. A special^ meeting of the Public Works Com- ! mittee was held at which it was resolved to place Mr Bowe in charge; of the ferry pending the decision of. the Council on the following Week nesday. On Wednesday the Council agreed to the following " That Thomas Bowe's name be substituted for? E. Stanley's as lessee for the Wirokino ferry, he being bonds- man for Stawley and the ten pounds deposit be transferred from Stanley to Bowe as requested by R. Stanley in his letter of March the 29th inst. As a matter of fact Bowe was not, bondsman, all that he had done in the matter was to allow his name to be sent in as ready to act as bondsman and to sign the sureties Bond when ready. The meaning of the Council in passing the above resolution was undoubtedly intended to act as they thought bast for the interests ol the ferry, as, perhaps, if fresh tenders were called the tenders might not be so high as Stanley's. However what may seem best is not always lawful and we have no hesitation in stating that the Council acted without authority in carrying this resolution and that they will have to retrace their steps. The transaction would appear to be a sort of t#ansferrence of Stanley's interest to Bowe, with the sanction of the Council, but Stanley, in the letter 1 quoted, never asked the Council to

do anysnch thing, but me'-oly requested the Council to forego forfeit., ing the deposit, whteH f 3 tab 1 ley had borrowed from liowe, and to return that sum -of money to Bowe. We do not want to hamper the ca3e with side issues or we might inquire how this snm of money could be dealt with in the mantlet' pt'oposetK As Stanley had signed tto lease, which Councillors were fully aware of, Bowe could hot have beeii. a bondsmail, as asserted in the resolution, therefore the reason stated for their action in giving Bowe the ferry is inaccurate* As the Wifttfinl tenderer- failed, in completing his lease it was the duty of the Council to invite fresh tenders, or to have given the ferry fto the next highest fcetider'er. Bowe was never ft tenderer and had therefore no standing with the Council though he had letiii Stanley the amount of his deposit. This had nothing whatever to do with the Council. The two Acts relating to the Borough's power of dealing with public money is most clear, and directly at variance with the action taken by the Council in this ferry business. Clause 222 of "The Municipal Corporations AM Ig8(j '•'■ states "No-bbhti'act, the amount whereof exceeds £20, except in cases of urgent necessity, shall be made except after public tender, of which due public notice shall be given ; but the Council .shall tiot, ; be compelled to accept the lowest or any tender." Clause 109 of " The Public Works Act 1882 " says " T"he Board may let oi farm the tolls payable at . any toll-gate or ferry together with' the, buildings and ether thitiggbe'ohgihg thereto on the following conditions : — (1) Such letting slMli be for a period nob exceeding DtiS year. (£) Such letting shall be by public auction or sealed tenders after due public notice given. (8) Security in two good snritißs shall be given for the rent to bs paid.'' "We trust "the Council will look into the <iuestion more thoroughly) and should" they see fit to modify their opinions they will act speedily so as to save time and expense. We desire to record that we believe the mistake has arisen from a laudable desire to do what Councillors thought best, but it is better to act legally even if more tedious and apparently more expensive. The shortest road is sometimes the longest Way round.