Te Aroha AND Ohinemuri News AND UPPER THAMES ADVOCATE.

Te Aroha News, Volume VII, Issue 430, 21 December 1889, Page 2

Te Aroha AND Ohinemuri News AND UPPER THAMES ADVOCATE.

' Thia above all — to thine own self bo tru«, And it musb follow as the night the day Thou canst nob then be fal&e to any man.' Shaickspeakk.

SATURDAY, DEC UMBER 21, TBB9.

"Tn ancient days (a custom passed away with breeches and cocked hats), the people sent their wisest men to make the public laws," s>ys an eminent American writer. The proceedings of our Parliament lend endorsement at times to this view of things, but it is only when we got down to the enactments of our Town Board that we lealtee that the custom ha? indeed passed away. In our Wednesday's issue wo published n report oFlhe ordinary monthly meeting' of the Te Aroha Town Board held on Saturday evening last. From this it will be seen that this sapient body then decided that " a rate of sixpence in the pound on all the ratable property in the Te Aroha Town District be st uck ; payable in one sum on the 28th of December, 1880." The Chairman, Mr E. Gallagher, proposed, and Mr Jas. Mills seconded this, and when it was carried, Mr Mills proposed, and Mr Gallagher seconded, that the rate be advertised in a paper printed at Cambridge. Mr Lipsey protested Agniust this proposition, and ridiculed the idea of making an announcement of purely local interest in a newspaper not even printed within the boundaries of Piako County. In reply to a question the Clerk (Mr C. Ahier) is reported to have stated that he did not think it was necessary to advertise at all when ptriking ft rate, and that advertising roiylit be legally dispensed with. After the delivery of this luminous judgment,- Mr Mills' motion (seconded by Mr Gallagher), that the striking of the new rate be advertised in a paper called the Te Aroha-Waio rongomai Times (printed at Cambridge) was cariied, a third member of the Board. Mr Jos Haathcote, also voting in favour of the resolution. After this Mr Lipsey withdrew from the meeting in evident disgust. Now the mere fact that, for reasons which we think local residents can guess at, the members of the Town Board referred to deliberately overlooked this Journal, and sent an advertisement of considerable local im- ! portance to a quarter from whence it is absurd to expect it to reach the majority of those interested, is a matter of little concern to us. It is simply another proof of the truth, that | now as in Shakespeare's time, man ! "dressed in a little brief authority plays such fantastic tricks before high heaven as make the angels weep " But what does concern us, and the public, is that the whole of the proceedings in regard to the striking of this rate are distinctly illegal, and in direct contravention to the provisions of the Town Districts Act. If the Clerk, who does not appear to have nffveted that particular class of literature, will glance through this Act, he will fin ? so'iicthincr which will perhaps induce him to modify his opinion as to the n.ccssity for a lvcrtisin,g before striking a rate. Here is c'au^e 38 of that Act, (1881 ) "Before making any such rate, the Bonn! shall cause an estimata to be prepared or the pioposed expenditure of Ihe Boaid during the period for which the rate is to be made, showing any gunig aheady available for such purpose^ the [

additional sum required, the tot. l rate- | able value of rateable property on the valuation roll, and the rate thereon ' necessary lo raisa the money required, and such estim ate, being: approved' by the Board, stlmll be publicly notified in the distrit t at least seven days before making the proposed rate." And if the said Cleik will further explore the said Act he will — unless he is extremely dense — discover that " public notification" is defined as " a notice published in some one or more newspapers in general circulation in the district, OR, where there is no such newspaper printed, placards containing the notice, affixed to public places in the district." It is a pitiful thing to have thrust upon us the necessity of teaching our Town Commissioners what their duties are and calling their attention to proscribed rules for the performance of these duties/ which are such as the merest schoolboy might readily understand. The ignorance or gioss carelessness of those members of the Town Board who are responsible for this senseless muddling of public business is the more unpardonable because the road was practically cleared for their feet. Their predecessors in office, who had all the practical initiatory labour of putting the Board on a working l<asis, kept stiictly within the limit? of the powers conferred upon them by law. In an advertisement appearing ir this Journal on Saturday, July 21, 3 888, the then Cleik of the Town Board advertised the intention 'of that body to levy a general rate at a future met ting, to be hold on August 3rd following-, and this advertisement was published togetherwith an estimate prepared and approved by t'.io Board, in accordance with the clause we have quoted above. Now why was this simple and straightforward course not followed in the present instance? Until this has bt en done the rate decided upon cannot be legally levied, and need not be paid. Indeed while we do not credit the Board with very profound wisdom, we seal eel y imaj>ine--now that we have diteeiol public attention to the nvitti'r — thn* they will persist in their foolish attempt to collect a late which is really only a rate in their distorted imagination, and fuither, we do n>t think the latepayeis will be foolish enough to pay it, if the Board should make the attempt. We cannot see any grounds whereupon to excuse these Town (Jonimissionors, for acting so directly contrary to both the letter and the spirit of the Town Distiiets Act, unless gross ignorance of both the. letter and the spirit is to be offered as an excuse. They evidently thought it was all right and believed they had the power to do just as they liked — in fact need only utter the magic words : " Do this or that," and was it done. It may be doing them a kiud-ue-s (and the taxpayers a service) to eniigiiten them yet a little further upon one or two prints. It may save th°m from making themselves ridiculous on some fuiuieocca«ion, an lit may save the public from inconvenience and loss. This august Board perhaps think that by cancelling what they have already done in this m.ttter, beginning de novo, and eairving out the enactments of the Town District's Act, with respect to rale levyin?, they will then manage to pull through all right. But we would in r orm them that in a Iministering the laws of a country it is necessary for those placed in authority to have at least nn ileme.nta.ry knowledge of all those laws having any heaiing upon the question to be dealt with. And there is to be found in the Ratinor Act in force in fie Te Aroha Town District, that of 1876 (Clause 40) this provision : " Not less than twelve days before making any rate, the local body sluill publicly notify their intention to make such rate, the period for which it is to be made, the days on which it is to become payable, and that the rate book is open for inspection as herein provide 1." In the former case to which we have alluded (tig., the striking of a general rate by the lute Town BoaH), this particular proviso was also attended to, the twelve daya notice having been given by advertisement in this Journal. To outsiders, who do not know the nature of some of the present Town Commissioners, it must almost seem incredible that, with this precedent before them, the Te Aroha Town Board should have started such a wild and reckless system of local legislation ns that which we are now compelled in the interests of the public to expose and condemn. They have the minute books and the records of the past for their guidance, and with these alone shoul I have been able to steer clear of the bogs into which they have blindly floundered. It most certainly is a matter for congratulation that their power to n»ix things up, and cause administrative chaos in our midst, and exhibit personal spleen, has not been widened by the creation of this district (with or without the Goldfield) into a Borough . If that misfortune had happened, and a greatly increased fielJ for premature taxation and "patent, self-acting, instantaneous, law making " had been afforded, what a display of general incapacity we might have had by this time ! It will be remembered that the present Board were elected on what was known as the " Borough ticket," but their election did not ensure the constitution of the proposed Borough. We have consistently opposed the Borough movement as premature, and are aware many who at the time the Borough agitation was on, were led away by the specious arguments put forward by parties interested in trying to get the powers of the loc.il governing body for Te Aroha extended, have, since se.en th< ir mistake, and are tiuly thankful the Borough movement was sq effectually kjiacke,4 °H the head again,

Morrinsville spcits and raceb on Monday. The ordinary montljly meeting of the. Piiiko County Council will bo held ai Cambridge to-day. Mcasis Bradley and Co ,and nl^o Messrs Kenny am! JurWn, will run speckl trips on Monday, for tlio conveyance of those desirous of attending Morrinsville raceb and sports. , Mr W. Dibsell announces having 1 on hand a grand frtock of new goods for ilhe Chrfctmns trade, all o£ which will be sold tit lowest possible prices. Soe his new ndvt* Te Aroha Public School brolca up for the Christinas holidays on Wednesday last instead of Thursday, ns previously arranged, owing to the very small attendance, nearly one half the scholars being absent. Tho following tenders were receivod for carrying out some small repairs to the head school teacher's residence at Te Aroha (papering, painting, und carpentering) ; Thos. Hood, L 4 5s ; Geo. Lovegiove and Son, L 4; Geo. Gapes (ac cepted), L 3 3s. The Post and Telegraph Office Waiorongomai will be closed on Wednesday 25th December (Christmas Day) and on Wednesday Ist January (New Years Day). On Thursday 26th December (Boxing Day) the office will be opened from 9 a.m, to 10 a.m. only. The report published in our columns to-day of the hulf— yenily meeting of the Te Aioha S. und G. Mining Company, held at .Mr! bourne on 29th nit., will be read with much interest. We understand two f)f the directors, Messrs W. R. Wilson and M. B. Jamieson, are expected over early in the new year. Wails will clo^e as follows ntWaiorongo ni'ii office :— For Te Aroha, Paeroa, and Thames, on Tuesday, 24th December, 5 p.m. For Ye Aroha, Hamilton, Waikato offices, find Auckland, on Thursday. 26ih December, 10 a.m. Mails will close at the u-Mial hours on Monday 23rd, arid Fiidr»y 27ih. Fo»* United Kingdom (via San Fianeisco), Friday 27th, at 5 p.i«. Mr W. S. Allen, nccompunied by several members of his family arrived at Wellington by the Ar.iwa from England this week ; have since proceeded to Auckland, and are expected at Annand.dc- on Tuesday next. Mrs Allen and the rest of the family are expected out in the ourse of a few months time, and all purpose making a lengthened visit in New Zealand At the sale at Waiorongomai, undor wan ant of distress-, on Wednesday last, in the c.ise of the Tiu^teps in estate of W. S. Collins v, FTowJand, very poor prices weic realised. V. tillable bush contractor'^ tools and plant realising only nominal prices. The working bullocks advertised, weie not put up for having been f»iven up to the party who it was found had purchased and paid fi»r them prior to Ilowland'b failing.n g. We direct attention to Mr 0. W. Goodson's advertisements. Mr Oood^on ha*very recently returned to Auckland from a trip Homo, to the Paiis Exhibition and tho continent of Europe, and has now opened up for sale (both at Montague's Baziar and the London Aicade), a large consignment of choice goods, including all the late.st novelties, all of which are being disposed of at the remark ibly low prices (quality considered), for which his establishments are now well known. Me^rs Kenny and Jansen are now running at intervals during the day a verj roomy and most comfortable carriage (open or closed to suit the weather). They iil-n meet the ai rival and departure of all tiain" at Te Aroha station. The firm can supply at short notice single and double buggies, saddle horses, etc., at most moderate charges. We have no doubt the general public will bestow a libeial share of support on Messis Kenny and Jansen, who will be found most attentive and obliging to all. In our la^t i<=sue public notice was given l>3 r advertisement that John TTowland. bush con ti actor of Wainrongomni, had filed a petition to be adjudged a bankrupt, and that the first meeting of creditors in his estate would takf* place at II a.m. today, at Mr H. Briskiville's store, Waiorongomni. Before the Official Assignee on Tuesday last the bankrupt made a statement to the following effect : He had been bush contracting on and off for the la^t eight years. He had ro capital ; never hid any to sp°ak of. Had never made more than moderate wages, except about eighle'n months ago be made a little mon y getting out t'mber for the Waiorongomai Co npany'a reduction works. This money he invested in bullocks and goar, and took up a sub-contract under the Champion Gold Mining Company, on whicli he was engaged eight month a : It proved a bad speculation. More than half of his present liability was incurred in connection with this job lie had two or three other jobs on hand at the same time, which also proved unremunerative, and accounted for the greater part of the rest of hi< liabilities. After these jobs were finished his creditors met to consider what should be done. They decided to tnke 5s in the £, payable in two months wi f hont guarantee, and the balance up to 10s in the £, by instalments sprea I over twelve months from August 22nd, 1889. He had failec to carry out any part of this arrangement On the I3th inst. his principal creditor suec' and got judgment. Two of his men alsc sued him for wages about the same time and also got judgment. Two of his creditors, Messrs Collins and Wallace, had been appointed supervisors, but no money ever went into their hands. Under the judgmentsummonses all his bullocks, gear tools, and timber were seized, and he believed had been advertised for sale, Before the judgments were obtained he sold eight of the bullocks to Mr Fitzpatrick, of Kiiikiri, for £24. He Rold them on December 6th, and got tho money on the following week. The buyer did not take them away at the time, but when he attempted to do so (:he judgment creditors seized them along with the others. He got the £24 in notes. He lost £10 of these notes out of his pocket between Te Aroha and Paeroa last Sunday. £7 la was paid by his wife to Mr 11. B/iskiville for balance of account owing on the 12th inst. (receipt produced). The balance of the £2-1 was used for filing and expenses to Auckland. The unsecured debts amount to £410 17s Cnl. r J he nssets consist of 5000 feet sawn timber, 4 bullocks, and sundry cooking gear and tools, £90 ; money (\ue undpr contract with Mr Jas. Invert, and paid by him into Cqnrfc at Te Aroha, £57 ; and household furniture, valued at £25. lie wis now Out of employment, and had not the le.ist prospect of paying his debts, beyond '{jiving up ull that hg had.

Special railway excursion to Auckland during the holiday peason, notified in our columns to-daj' ; notice is also given with renpeot to tho altered tiuin service on Christmas day etc, etc. The mortal remains^ of Mrs Dob^on were conveyed by Wednesday morning's train from To Aroha to Hnwiok for interment. The members of tho Masonic Lodge from both ,Te Aroha and Waiorongomai asaomb'pd early^at Mr Dobsoh's houke, and by turn carried tho coffin to the railway station. Prior to the funeral starting Rev F. G. Evans held a short service at the honpe. A large number of townsfolk "attended tho funeral ; Mr and Mrs Dobson be'ng very highly respected and esteemed, j Tho Te Arol.a Post Office will be closed on Wednesday, 25th inst, (Christmas Da}), Mails usually ninde up for Waikato and Auckland on Wednesday, will not be be forwarded. A mail willbe despatched to Thames, closing at 8 p.m. on Tuesday, 24th. On Thursday, the 26th (Boxing Day) the office will beopened for one hour only, from 9 a.m. to 10 a.m. Mails for Thames will close as usual. Mails usually closing at 9 p.m. on Wednesday, will closo at 10 a.m. en Thursday, 26th, and forwarded by train leaving "at 5.30 p.m. On Wednesday the Ist January 1890 the office will be closed. Mails for despatch on tnis date will close at 9 p m, Tuesday, 31st December, 1889. As will be seen by advertisement, the Rev James Hill will conduct Presbyten'an services at Waiorongomai (11 a.m.), and Te Aroha (7 p.m.), on to-morrow. Wo feel confident many will avail of the opportunity to attend the services relerird to. The Rev Jus. Hill is well-known and h'ghly esteemed as a very able man, and talented minister of the gospel Ho was formerly minister of St. James', Thames, and has recently arrived from the South to take charge of the Presbyterian Chinch at Devonport, Auckland. Since his arrival at Devonport the congregation has so largely increased that it has quite overtaxed the capacity of the present church, and a new church is now in course of erection.