The Manawatu Standard. (PUBLISHED DAILY.) The Oldest Daily Newspaper on the West Coast. FRIDAY, SEPT. 4, 1885. THE PARK-GRAFF CASE.

Manawatu Standard, Volume X, Issue 1446, 4 September 1885, Page 2

Manawatu Standard. (PUBLISHED DAILY.) The Oldest Daily Newspaper on the West Coast. FRIDAY, SEPT. 4, 1885. THE PARK-GRAFF CASE.

The Magisterial decision m this case, as reported m yesterday's issue, supports the view expressed by the Mayor and other Councillors from time to time, that there was little or no question but that Cr Park had rendered himself liable to the penalties pf "The Municipal Corporations, Actl 876," m having sat as a ' Councillor when " participating m any contract with or work to be done for the Council." Mr Ward, Jt.M., has ruled that the purchase of goods by the Council from any person is m law-equivalent to a contract, and m such case the Act ap-i plies. By Clause 75 of the Act, " a Councillor voting or taking'a'ny part m the discussion of any matter "before the Council m which he has directly or indirectly, by himself or his partners, any interest, shall be liable to a penalty not exceeding £50. for every such offence." It will thus be seen that Or Park has rendered himself liable m more ways than one. What m public opinion made the matter wear a less favourable aspect, was the fact that while acting as a member of the Finance Committee, he passed for payment an account for goods supplied by himself, while objecting, on the |plea of illegality, to an account for legitimate service rendered m connection with the poll for the Borough T-oan. The very apparent lack of consistency which was here made apparent, did not pass unnoticed by the outside public The Mayor distinctly stated his opinion, on more occasions than one, to the effect that not only was Cr Park liable through his contract with the Borough m the item : referred to, but also that both he and Cr Abrahams were similarly : liable through their connection, as agents, with a newspaper m which Borough Council announcements were inserted. Both Crs affected to ignore the advice given, which now proves to have been based on sound contention and a view of the case that has been judicially upheld. When Cr Park and Cr Abrahams refused to pass the account for services m connection with the Borough Loan, the amount had to be raised by public subscription. Yet, while Cr Park was ostensibly so scrupulous m his dealings with the money of the ratepayers, he at the same meeting of the Finance Committee, m passing an account to himself, rendered himself liable to legal penalties. However, after all said and done, Cr Park has got off very well. His prosecutor ofto compromise the amount for which judgment was given, viz<, for .^lO, and for all we know to the contrary, it has been. settled for a still smaller amount. There is no doubt that some legal pro. rision is necessary to protect the ratepayers m the direction suggested by the Act. What we think might have been done would be to give khe It.M. a discretionary power m the amount of penalty to be recovered.. Had the wording of the clause under which the proceedings were taken been the same as m clause 75, viz., " shall be liable to a penalty not exceeding fifty pounds fbr every such offence, 11 a discretionary power would have been allowed which now does not exist. With such a modification introduced, the Act could be worked advantageously to the ratepayers, and without affording undue advantage to those taking upon themselves the duties of public prosecution. The magisterial decision having been now given on the question at issue, it j behoves Councillors to see that they] do not render themselves liable for illegal acts performed. In Palmerston North the Act has been more defiantly set at nought than m other places, where 3t was the custom of the Councillors interested m accounts to retire when such were under consideration- At the time of writing, we. are not conversant with the result of a similar prosecution to take place at Wanganui to-day, m which the. aggregate sums sued for represent between two and three thousand pounds. We presume, however, that the Magistrate^ ruling with regard to what constitutes a contract will not be susceptible of any material alteration, with regard to his interpretation of the reading and spirit of the Act.