MARTON OPERA HOUSE.

Rangitikei Advocate and Manawatu Argus, Volume XXXI, Issue 8712, 11 January 1907, Page 2

MARTON OPERA HOUSE.

Th 9 Qustodian’s Dismissal. A Lively Discussion. At a special meeting of Marton Borough Council last evening, a claim against the Council, lodged, by the late ■ custodian of the Opera House (Mr A. i 11. Knigge) was dealt with. This mat- , ter was before a previous mectingof the Council and consideration wits’ hrdcfinitely deferred. “ ” The statement of claim amounted jp £l4 13s, and the items were for three months salary, commission on pollection of foes for hoardings, Is charge for each time the box plan was drawn} np and £3 10s for salary in lieu of onp months' notice, and salary for twp subsequent weeks before keys werp handed over. Mr Knigge attended the meeting in support of his claim. The Mayor read a letter from Coun. oil’s solicitor to the effect that Mr Knigge having replied to the advertise, ment for position of caretaker he could , not have assumed that Couticil intended his duties to continue beyond 12 months arranged for. The legal opinion was therefore that MrKnigge’s . term of engagement expired on the 31st August, or at the latest on 14th September, and that lie was not entitled to a -month's notice and was in the wrongful possession of the keys after that date. Mr Knigge explained that an arrangement had been entered into with, the late Mayor (Dr. Skerman) for Mm to prepare box plans for companies at a charge of Is each. The Council had confirmed this arrangement by passing previous accounts for payment. His ' charge was quite reasonable./ His claim for commission on hoarding fees collected was correct as he had been authorised by letter from the Town Clerk to do so. This was outside Ms original contract, but a 10 per cent charge was reasonable. He felt sure the Council did not wish him to do this work for nothing. Three months’ salary (£7 10s) was due to him* The item of £1 3s was for two subsequent weeks before he handed over the keyk. Or. Read: Will the Mayor kindly explain why the newly-appointed custodian from i’ahucrston did not take up his duties ? The Mayor: It is not necessary to do so. Cr. Read: I understand he could not get the keys. Cr. Sutcliffe: Ha had been written to asking him to commence his duties. Cr. Read ; He came to Marton twice and was refused the keys, Cr. Sutcliffe j Did ho make applica. tkm for the keys? The Clerk: Yes, be came t<V tlie Borough office and was informed that Mr Knigge refused to give up possession of ; them. Mr Kuigge said he had acted under legal advice and gave up the keys at the proper time. The Mayor had instructed him to continue to act as citstodian. Mr Cronin' had got into the hall by (lie removal of a door lock. This, ho whs informed, was the of a Councillor. Cr. Little: You are bringing a charge against a Councillor which is a deliberate lie. You are here to answer questurns and not make false assertions. You accused mo of removing the lock which is an untruth. Why don’t you attend to your own affairs, , Mr Knigge .• I can attend, to my own business and I don’t wish to be directed by you. • Cr. Little (heatedly) -. You made a lake statement about, the lock. I have a perfect right to enter the hall at any time. . Mr Knigge: You hare not. The Mayor: Wo will get to the next item in the claim. Mr Knigge: I think I had better read the agreement. . , , Cr. Little: We had better act on , out solicitor’s advice, «- , ’j.

Th» Mayor allowed the agreement to \jc rcaii* . jj r Enigge said be bad continued office for the second year without a fresh agreement and bo was therefore ntitled to one months’ notice in the present case. His term expired on 3lst August and he bad received no notice of termination of agreement. Ibis should have been lodged on Ist August, but the Council failed to do so and he claimed he was therefore entitled to a month’s salary in lieu of notice. The Council did not call for applications until tho middle of Sepember, so it seemed clear he had entered upon another year as custodian. The agreement was of no value if Council refused to abide by it. Cr. Grove: I think Cr. Head, if jlaccd in a similar position, would cx,ect one month’s notice. Cr. Head: You don’t know what I vould expect. Continuing, Cr. Read submitted that ,be agreement was for the first year’s mgagement only. His appointment or the succeeding year was under clifereut conditions. It was not necesary to give one month’s notice. This tad never been done in other cases. Mr Enigge said it was a dirty way [ doing business. Cr. McEldowney : I don’t think such , remark should be allowed. Cr. Little : The chairman should not .How it. Mr Enigge; If necessary 1 will rithdraw my statement and bow to the u'ing of the chair. Cr. Little It is a piece of gross imertincnce that he should lie allowed i come before the Council in such a mnner, Cr. Read was quite prepared to pay Ir Enigge up till tho time he handed ver the keys, but he was opposed to ranting an additional month’s salary. Cr. Dommett claimed that Mr Enigge as not entitled to one month’s salary, [e could have ceased duties at end of .ugust, without notice. The Mayor expressed his opinion latpno month’s notice should have een given. Cr. Little preferred to stick to legal Dommett moved, and Cr. Little (conded, That the amount of claim he rrced to with the exception of one Month’s salary in lieu of notice. The Mayor remarked that the motion ould not prejudice Mr Enigge’s claim ith respect to the month’s salary. If was found that au injustice had ~e n done to Mr Enigge, his claim iuld he again considered. On Grove wanted an amendment to ie effect that the matter be deferred mding further information, hut he as persuaded by the Mayor to withraw it. Mr Enigge asked if the Council mnded taking further action, it would lace him in a rather unfortunate posion if he was called upon to take ■lion. Cr. Sutcliffe said that when a similar jreement was made between employer id employee a month’s notice_ was quired on either side. Mr Enigge entitled to Ibis or'’a month’s salary stead. The motion was put and carried, Gr. utcliffe dissenting; Reforc new business was brought up r.‘ Little referred to the serious aceusaou'uiadc by Mr Enigge with referico to removing a door lock at the own Hall. He had been accused of is work, but he emphatically denied e accusation. He would not Re a irty to such a proceeding.