SOME STRAIGHT SPEAKING.

Taranaki Daily News, Volume L, Issue 59, 23 April 1907, Page 2

SOME STRAIGHT SPEAKING.

AND A PECULIAR POSITION. TWO BOROUGH COUNCILS IN ONE BOROUGH. "NOT A GAME OF EUCHRE." A peculiar position, giving rise to a somewhat unusual display of. warmth in the proceedings of the New Plymouth Borough Council, arose at the meeting held last night. At the hour of meeting there was no quorum present, but Councillors Jionleafh, flutchen, and Bellringer occupied their old seals, whilst several of the gentlemen who were returned unopposed al Thursday's election were also present. His Worship the Mayor was there, and he dived down into one of the lower rooms, and presently reappeared with Mr. Collis, also an oid councillor, in his train, having rescued him from a householders' meeting ill older to get a quorum. The Mayor's lirst business after hiking his seat was an admonition couched somewhal as uniler:"Vou gentlemen who have been elected, please step up and sign the declaration." Whereupon .Messrs. Collis. Browne, and Bellringer, old members, and 11. li. Cattlev and .las. (!. Morey, the llcdglings into'municipal life, slepped up and signed.

At this stum-, Cr. .1. 11. Pnrknr entered, id asked. -WhalV this?''

Cr. Collis. from the Mayor's platform, •plied: -We're swearing in."

Cr. Parker: Vcs. but what about he swearing out? Enter Cr. Wilson, who took his old (eat, Then Messrs. Cattlcy and Morer hopped into the seats formerly occupied by Crs. Webster and Stohr. Cr. Barker stood at the corner of the tabic, in interested spectator. His Worship: Messrs. Monteath, Wilson, and TJuteheu, 1 presume you have pome here under the impression that von are si ill members of this Council. ' I

lave got an opinion from the borough ] olicitors on the question, and I'll ask | he Town Clerk to read it. .1 think it rill satisfy you as to the real position, The Town Clerk then read a legal ipinion from Messrs. Govett and Quiliam, in which they stated they were if opinion that all the Councillors wlio vere nominated and declared elected : orm the new Council of the borough, uul that the old Council went out tif illiee on the day when the new' Councillors were declared elected. Mr. T. I". Martin, counsel to the Municipal Association, who was without doubt the best uithority on mutters of this kind, was of the same opinion, and he pointed out that there could not be two sets of Councillors iu oflice at the same time. It was true that iu the case of Aleck v. Dunn. 12 N.Z. Law Keports, p. 342, in the course of. a judgment, the Judge, under a somewhat similar repealed Act, referred to the obscurity in the Act, but the circumstances were somewhat dillV-r----ent, and they thought the present case could be distinguished. They did not_ think that any risk would be run iii*J holding a meeting before the last Wednesday in April. (Jr. llutch'eii questioned (he correctness of the opinion, and maintained his right to take his seat. But he was not going to make a fuss about it, and he recognised that the Mayor had taken the right course in consulting the borough solicitors. He wanted to formally protest against the action resulting from that opinion. Cr. Moiiteath also protested. He was in opposition, too, to the borough solicitors' opinion, lie said he was surprised at the method iu which Mr. Dockrill liad gone about this matter, and he would like to see it referred to the Council. He had no desire (0 be on the Council, but he recognised that there were several matters that ought to have been settled before the now Council took office. New Plymouth was to be congratulated on the fact that at the very important funeral that day the Council had not been present as a Council, and it was all due to the muddling of His Worship. Like everything else that the Mayor had taken in hand he had made a muddle of it. And when several Ministers had been in town that' day, the Mayor had not consulted the Council. but had acted alone. He was pleased to be relieved of the. duties of Councillor so long ;,s His Worship occupied the chair. The Mavor considered the discussion undignified. Hut for the fact that Cr. Montcath's remarks affected himself personally lie would not have allowed llipin. "Cr. .Moiiteath doesn't sit as a Council lor now, and has no right to speak at tic- table as he has done." He was quite willing to take any blame in the matters mentioned by Cr. Moiiteath, but could satisfactorily explain. He considered 1 lie remarks of Cr. Ilutchen gentlemanly in his acceptance of the solicitors' opinion. Cr. Moiiteath: His Worship says 1 am not a Councillor. 1 have been a Cuuucillor His Worship: You were Cr. Moiiteath: I am a Councillor mil il the new Council has been sworn in at all events. The Mavor: Xol according to our solicitors. Cr. Monleatli complained that he had not received the courtesy due to him. The Mayor: You have received every courtesy, with the other Councillors. And you have received a great deal more consideration than you deserved or were entitled to. Cr. Moiiteath: I'm not going to lie treated like this without a protest. 1 would remind your Worship that the business of the Council can't be conducted like, a game, of euchre. You can't take a lone band here. Mis Worship: I won't consult the Council in the street. Cr. Montealh (jubilantly): Well, what about the meeting under the pines today ? Cr. Wilson said he had to differ with the solicitors' opinion. He had no desire to continue as a member of the Council but he had come to the meeting because of a resolution passed to the cll'ect that they would then clear up (he matter of (lie loans, held over from last inciting, so that, if there were trouble in that connection, il need not go ou to the new Council, hi fact of what had been said he was happy to be relieved of the position, and begged leave to retire. Ex-Councillors Moiiteath, Hittclien, Wilson, ami Parker then left the chamber, and His Worship, and Crs. C'ulljey, Urowne, Morey, and llellringer went on with the business, Cr. Collis coming in later again. Tile whole position arose from the fact that (he new Council was summoned to at tent! the meeting before the date on which, according to the Act, the term of the old Councillors expired. The clauses iu the .Municipal Corporations' Act and Local Elections Act on (his matter are very conflicting.