At Hastings last week, Magistrate McCarthy gave judgment iu a test case bearing upon the rights of ratepayers to inspect accounts of Borough Councils. A. George charged the Hastings Borough Council with refusing to allow him to inspect the Borough wages sheet for the purpose of publishingsame in a newspaper. The information was laid under Section ioq of the Municipal Corporations Act. Mr McCarthy, in giving judgment, stated the informant was proprietor of a weekly paper, and had been in the habit of publishing extracts from the Borough accounts, and the Council with a view to stopping this practice, directed the treasurer not to allow the informant the right of inspection unless he undertook not to publish the information so gained. Had the informant given the undertaking he would have betrayed his trust as a journalist. Moreover, the Municipal Corporations Act nowhere authorised the imposing of such a condition, and to impose such a condition was to nullify the justification for its existence. The press, which was expected to throw the fullest light on public matters, provided that what was done was without malice, and was truthful aud iu the public interest. The judgment concluded: —“In my opinion the resolutions of the Council afford no defence to the action of the defendant iu refusing to allow the informant to inspect the books.” A fine ol one shilling was imposed, aud costs amounting to £2 as. Counsel for defendant was allowed fourteen days in which to file an appeal.
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Manawatu Herald, Volume XXXIII, Issue 942, 17 January 1911, Page 2
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248Untitled Manawatu Herald, Volume XXXIII, Issue 942, 17 January 1911, Page 2
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