NEW PLYMOUTH TECHNICAL SCHOOL.

Taranaki Daily News, Volume XLVII, Issue 8145, 30 June 1906, Page 2

NEW PLYMOUTH TECHNICAL SCHOOL.

♦ LOCAL BODIES POWERLESS TO , ASSIST. We understand that the Controller and Auditor-General has intimated that ho agrees with tho view hold by Mr Samuol-rtkat a contribution to the erection of a Technical School would be contrary to law. It will be remembered that on May H'h last tlto Now Plymouth Borough Council carried a resolution (proposed by the Mayor and seconded by- Mr Wilson) that the Council contribute the sum of £IOO towards the orection of a Technical Bchool, payment to be made on April 23rd, 1907. On June 7th, Mr Samuel, the standing counsel to the borough, was shown a written legal opinion of Mr T. F. Martin, of Wellington, dated May 28th, 1906, a fortnight after the resolution had been passed by the Borough Council, to the effect that, in his opinion, the Borough Council could legally contribute as proposed. Thereupon Mr Samuel wrote to the borough solicitor officially that he differed from Mr Martin's opinion, and that he was of opinion that it would bo illegal for the Council to make the payment in question, for reasons which he set out fully. Mr Samuel's letter concluded as follows: - " The Council having, as I understand, gone to the extent of passing a resolution authorising the payment, and thai too, without having first obtained any legal advice whatever on the subject, should, i think, at once retrace its steps and rescind the resolution. I do not say that the Council should ultimately adopt my viewm preference to that of Mr Martin, for, doubtless, I anrw' likely to be wrong as lie is, but such a resolution should not be allowed to remain unrescinded whilst the Counoil in advised by me as its standing counsel that it is an improper one, and that to act on it would bo illegal. A similar' resolution can at any time subsequently be passed should the circumstances be altered. The Supreme Court oan be applied to to decide the question, as it has jurisdiction to prevent illegal expenditure of trust funds of this nature. This, however, might be costly, and a less expensive course would be to take the opinion of a third counsel, after which (subject to my being, of course, consulted as to his .selection), should ho disagreo with my opinion, I could, of courso, have no difficulty in giving tho requisite legal advico to the Council so as to enable it to authoriso the payment without risk of personal liability. Another courso suggests itself to me : the Audit Ollue will sooner or later have to take such a payment (if made) into consideration, auJ tho liw casts on that officer the duty of, in cortain cuses, surcharging and recovering tho amount from those members of the Council who yote for tho resolution. It seems to mo that, under the circumstances, the simplest courso, and not an improper one, would be to sond copios of Mr Martin's letter and of this letter to the Auditor and Control-ler-General, and to ask him to express his opinion now instead of waiting un- , til the mischief (if mischief at all) is done. Thore is still another alternative—to terminate my retainer as counsel to the borough, but oven in that i case, tho resolution which was passed beforo any legal advice at all was taken should evidently be first rescinded." On Juno 15th Mr Monteath moved, and Mr Hjtchen seconded, a motion I that the resolution be rescinded. The Council on a division deolined to rescind tho resolution of May Hth, but adopted Mr Samuel'? other sug- ' gestion thit the opinions of Mr Samuel and Mr Martin should bo referred to the Auditor-General The Council will now have to rescind its resolution, and the Technical School fund will go shirt of theCnincil's pro miscd contribution.