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New Zealand Times, Volume XXXIV, Issue 5765, 20 September 1879, Page 2

Wellington is blessed with a somewhat ambitious City Council, and tho chief of that Council has a happy faculty of putting a most liberal interpretation upon the laws which restrain the action of that body. We shall confine our attention to one or two recent instances. On the 10th of this month, for instance, the following extract from the report of the proceedings is worthy of notice : Councillor Maginxitv said before the Council adjourned he would like to know if they would do anything towards giving a bonus to Mr. Moore for a proposed prospecting expedition. In answer to a question, The Mayor said that he did not think they could legally vote any money for such a purpose, hut they often voted money in a way that was not strictly legal. It would be for the benefit of the country and the whole human race if they could discover a new goldfield. Upon reference to the Act, we fail to find any clause which empowers the Council to grant money for such a purpose; nevertheless, £25 was voted, and the Mayor, who we consider ought, by virtue of his office, to refuse his sanction to any illegal actions, agreed to the motion and was appointed one of the trustees to check the expenditure. Wa should like to know under what clause of the Municipal Corporations Act the sum was voted. The report of the Wharf Inquiry Committee was brought up on Thursday night and discussed. The Mayor then said “That his conduct had been perfectly ‘ : regular. He had full power to make “ such a temporary appointment, and “ would do so when occasion required. “ It was the prerogative of the office.” This we distinctly deny ; no such power is given by the Act, which plainly provides that all of officers must bo made by the Council. Neither the Wharf Committee nor the Mayor can make appointments, and the latter is simply endeavoring to arrogate to himself oi- to his office a prerogative which

does not exist, and to assume the right of exercising a very dangerous power, which the Act very wisely places in the hands of iliu Council. Clause 102 of the Municipal Corporations Act, 1576, runs as follows :

Ct/unc’l to Appoint all Officers.—The Council may from time to time appoint, and may r- .fl'ne or re-app-int, tit person- to he treasurer, town clerk, surveyor, collectors, and all such other officers an 1 ferv.mw a« it think-; necessary to assist in the executi 01 of this .Vet ; and may pay such persons such salaries ami allowances out of the borough t'mids as it thinks fit. Xu councillor ■shall be capable of hoi'"eg any such office. —We sincerely trust that the Council will again annul any such appointment, if the Mayor should have the impudence to exercise the illegal power which ho claims. The Mayor has no privilege save that of an ordinary chairman of the Connell, and a power to call a special meeting if any urgent business slicld arise. He occasionally represents the Council, as in the case of public meetings to consider loans; but the only special prerogative which the Act carders upon him is one of doubtful value. By clause 97 ho may be summoned before the Resident Magistrate to show cause why he, or any councillor or auditor, should not be ousted from office if he has been accused of being disqualified. It an emergency arises, the Mayor or an}' three councillors can call a special mealing of the Council, cither to appoint an officer or for any other special business, but that is all. Wo notice that the present Mayor assumes an absolute power of declaring what is and what is not irregular. Who has placed the power in his hands ? and whence is it derived ! Wo question very much whether any such power is contained in the by-laws. It should be remembered that the office of Mayor does not in any sense resemble the office of Speaker in a Legislative Assembly. A Speaker has no deliberative, but only a casting vote, he takes no part in discussions, and is only appointed to act as umpire and regulator of the debates, and takes no active part in the proceedings. A Mayor is but the first among his peers, and in his absence any other councillor may be called upon for the time being to act in his place, without thereby losing his right to vote and to join in the debate. We understand that some difficulty has arisen in regard to the £130,000 Waterworks loan, owing to a clause in the Wellington Loans Consolidation Act being to some extent out of harmony with Part X. of the Municipal Corporations Act. The latter gives power to the Council to raise special loans, and to pledge special rates or tolls as security, which have not theretofore been pledged or appropriated to any special purpose. The Loans Consolidation Act provides that a special rate may be made upon all rateable property in the city for the purpose of paying all the annual interest due upon all or part of the money secured by debentures under the provisions of the Loans Consolidation Act. We believe that this was done ; if so, it would appear to necessitate a redemption of the present debentures before the new loan could bo floated, or any security depending either wholly or in part on the general rates. We hoar that a legal opinion was taken some few days ago in respect to this matter. So it would be interesting to know what the tenor of the opinion was, and what became of it. The public have as yet heard nothing about it. Any such opinion is of general interest to all the councillors, because by clause 157 of the Municipal Corporations Act all councillors are jointly and severally liable for moneys illegally borrowed.