CAWTHROH TRUSTEES.

Shannon News, 10 June 1924, Page 2

CAWTHROH TRUSTEES.

CASE EOU INCREASE IN MEMBERSHIP. NELSON CITY COUNCIL ANSWERED. (NELSON, Last Night. The following letter from sthe Atloruev General was read at last night a meeting of the City Council: I am in receipt of your letter forwarding copy of a resolution passed by th.o Nelson City Council, in regard to tht Thomas Cawthrou, Trust! Bill:—1 regret L am unable to agree with the view expressed by the resolution. It is always desirable, in such trusts to provide for continuity of some of the trustees, apart) from temporary tenure bv official, trustees. That is the ob-

ject of the provision." The Mayor said the letter required no action. "He takes exactly the opposite opinion to what we do. There are two sides to everything." A letter was received by the Council from the trustee board's secretary, 'm reply lo a resolution passed ati a previous meeting. Before dealing -with the question, the trustees mention that the term "pergonal trustees" is not. an ordinary legal term, but is used in the proposed Bill lor the purpose ot clearness si ml bievity, aim in the letter the term -personal trustees" is intended to indicate no more, or less than

-trustees." "Your first question, is: "Is it proposed to increase the number of personal trustees, and if so. why?' The answer is thai it is not proposed to increase the number, of personal trustees, which at present are six.in number. This is the effect . judgment of the Full Court. -The second question is: 'ls it l now recognised that the ex-member for \elson, anu the ex-chairman of the Waimea County Council, and the recent appointee who replaced the oxMayor of Nelson (now deceased) cannot anv longer be considered official trustees, and is it the desire of the Board to provide for them by making those gentlemen personal trustwsV The answer is contained in the answer to the first question, butt it may as well be added that hitherto there have been." no 'official trustees.' Here again the judgment of the Full Court is our authority. . "The third question is: *l< urtlier, arc seats to be provided* for gentlemen now holding offices (including a member of the Legislative Council) mentioned in the will of the testator, and who now have no seats on tho Board?'—-The answer is that it is proposed to/appoint persons for the time being ' holding the respective offices of Mayor of Nelson, chairman of the Waimea County Council, member of Parliament for the elec-

toral district of Nelson, and'also persons for the time being holding the respective offices of Bishop of Nelson, and chau-mur of the Nelson Harbour Board. When the last-named offices cease to be held respectively by the -■ said William Charles Sadlicr and Henry Richard Duncan, these-are tobe trustees in addition to the trustees appointed by the will. "The next question refers to the desirability -or necessitly of increasing , the number of trustees. The

answer is. that it has become necessary to promote, the proposed .'private Bill, because the Attorney-General,', who represents the beneficiaries (that is, the public of New Zealand) has in-" timated that in his opinion it is'dcsirable that) the holders of offices, as referred to in clause B, section , of such private Bill, should also be trustees. , "The last question asks, why trustees now find it necessary to promote legislation to provide for the appointment of trustees when.ii they previously .informed you that they had nothing further to add to their provious reply.— The answer is that at the time so advised the Attorney-General had not indicated he considered it to be desirable to increase the number .of . trustees, and as the legal position had been fully stated to your Council, the trustees wer e obviously unable to add anything further to their communication." The City Council also received a notification referring to the Bill coming before the next silting of the Supremo Courtl and resolved that Councillor Moffat represent the Couu--1 _cil in its opposition to th e ißll, Councillor Cribbs dissenting from such opposition.