Manawatu Herald. TUESDAY, MAY 23, 1893. Another Warning.

Manawatu Herald, 23 May 1893, Page 2

Manawatu Herald. TUESDAY, MAY 23, 1893. Another Warning.

Members of local bodies get; frequently into a " rut " in their proceedings and are apt to say that what has been done before can be done again, and they do it. At times it is done once too often. It is similar to beating the air, to call attention to the Acts under which Councillors exercise their powers, as they have eyes and see not, and ears and hear nol. In the Palmerston Borough Council last week a very warm discussion was originated by a member because he was not given an opportunity of tendering for some small work, it being stated that one Councillor, who was a horseshoer, got his share of the Borough work at ordinary rates, and that, in the opinion of some of the Councillors "all other things being equal, Councillors were certainly entitled to the preference." At the meeting nothing was said so as to leave the public to understand that any member, Mayor included, was aware that the Act prohibits any member receiving any advantage from any Council whilst he is a Councillor, unless he is a shareholder in a company consisting of more than twenty persons, or if he leases land to or from the Corporation or lends money to the borough by purchasing their debentures. There is one subsection to a clause in " The Municipal Corporations Act, 1886 " which has misled the Palmerston Borough Council and many others. Section 88 defines the disqualification of Burgesses being elected as Councillors in a manner, which read by itself, would make the misconstruction pardonable, as it states, " The following persons shall be incapable of being elected to be, or of being, Councillors or Mayor, that is to say." Then subsection 7 states : — " Any person being concerned or participating (other than as a shareholder in an incorporated Company, or in an association or partnership consisting of more than twenty persons) in any contract with or work to be done for the Council, if the payment of such contract or such work exceeds five pounds for any one contract, or work or ten pounds altogether in any year if more than one contract or work, provided that the leasing of land to

or from the Corporation of the borough, or the lending of money to such borough by the purchase of their debentures for any dulyauthorised special loan, shall not constitute a disqualification under this subsection." This is making a very strict provision against interested persons getting into the Council, as, if they have had a con tract from the Council for £10 in any ones year prcoiuus to election, the contractor is disqualified from seeking a seat. The misunderstand ing arises from the station further stating that '' If any person while holdimj office as Councillor or Mayor, shall become incapable under sections two to seven, both inclusive, of this •section, his office shall be thereby Vacated, and such vacancy shall be deemed au extraordinary vacancy." It will be noticed that as such an act, as before stated, raav have occurred by inadvertence before the Councillor was elected, yet, if it was so proved, the Councillor would not have been eligible as a candidate, and therefore having been elected, he would have to resign. This undoubtedly is the proper interpretation to put upon this section, but it is at variance with that understood by many Town Clerks* but it would be an absurdity for the Act to assert that dealings with the Council previous to an election were a bar to membership ami yet, permit a Councillor fco do that which, whilst he was a Councillor, would bar him from becoming one. If this reading was not correct we should have a couflict in the Acts of Parliament, for " The Ldcal Bodies Contractors i Act 1885" declares " Any member of any local body (which includes ! every Borough Council) who enters into any contract for the supply of anything or the performance of any work with the local body of which he is a member, or who knowingly supplies anything whatever to such local body shall not be entitled to payment for the same, and any sum paid in respect of any such contract or supply shall bp recovered, together with ten pounds in addition thereto, with full costs of suit, by any person who shall sue for the same in a Court of competent jurisdiction." And again i: Any member of any local body who kiiowiw/lit gives or joins in giving antlortiy for, or who is a party or eoimnts to, any such payment as aforesaid shall pay the sum of twenty pounds, with full costs of suit, to any person who shall sue for the same in a Court of competent jurisdiction."' Any little dirtmitty that may suixe in ;i riy ni.ii>pa yet getting some, particular work done, might, in the cases of many of our local bodies, be simplified by finding funds under these severe clauses. We say again that members of local bodies must understand that the Acts they undertake to superintend need earnest and intelligent consideration, or difficulties may arise.