A CENSURE PROPOSAL

Taranaki Daily News, Volume LII, Issue 264, 14 December 1909, Page 3

A CENSURE PROPOSAL

COUNCILLOR GILBERT AND THE BOROUGH SOLICITORS. "IN THE HEAT OF DEBATE." At the meeting of the Borough Coun--0 cil last night, 8 , ®° uncillor Bellringer said he regretted [. "■« he tad had to leave the previous meeting of the Council before ica close, r for k,- understood from the News report j of the meeting that a councillor liad 1 undue reflection upon the borough solicitors, liad he been there lie would j have done his best to prevent it at the . time, or to have raised his voice a rains t > ii an . U h ®. took this first opportunity of ; entering his protest. Councillor Gilbert rose to a point of ' referredto" 12 Wlmt reinarkß were bein S Councillor Bellringer said the Council had sent a letter to its legal advisers asking for an opinion Councillor Gilbert: For an opinion, or to put a by-law into legal phrasing? Councillor Bellringer said it was useless to draw such a fine line as that; .„ borough solicitors were the Councils advisers, and should advise ihe Council against any wrong course, and the statement that they had given their opinion in order to lift a paltry it|w>l guineas fee was belittling to the Council. ihe firm of Govett and Quilliam was a highly respectable firm, and it was not fair that such a remark concerning them should be made public. Ala 1 •borough solicitors they had given the ' Council very sound advice, and whilst 1 acting under their advice the 'council had had very little legal trouble. If 1 they were going to allow such a reflec- ■ tion upon their legal advisers to go un- ' challenged, then they would have some 1 difficulty in getting people to act for i them. He trusted that Councillor bil- 1 bert would withdraw his remarks- 1 (Councillor Gilbert: I will not.)-and if he knew Councillor Gilbert he felt sure that that would be done. He felt that Councillor Gilbert had been nettled at a previous discussion, and he had not given his words, due consideration be- ' fore ihe uttered them.

Councillor Gilbert complained that Councillor Bellringer didn't seem to be correctly construing his remarks. Councillor Bellringer said he was going by the newspaper report, which had not been challenged. The borough solicitors had given the Council legal opinion warning the Council against following the course of action proposed, as they were perfectly entitled to do and as they should do. Councillor Dockrill had been wrong, too, in tendeavorinc ititt force the by-law through in defiance of the advice of the borough solicitors. He moved: That this Council regrets the remarks that Councillor Gilbert made, and that we express our fullest confidence in the borough solicitors." Councillor Dockrill essayed a few remarks, but the motion had not been I seconded.

His Worship said he had felt very sorry for Councillor Gilbert's remarkß at the time,-and he had felt inclined to say so, but had let the matter pass, lie was sorry that the matter was being raked over afresh. In his opinion the Council Should feel honored in having such an honorable firm to act for it He mentioned that Messrs. Govett and QuilHam had fought all the Council's cases before the Courts successfully, and never lost a single by-law case—a record which could not be claimed by other local bodies near at land. He seconded the motion.

Councillor Wilson said he was exceedingly sorry that the Mayor should have seconded such a motion, for every councillor 'had a perfect right to express his opinion at the Council table. The councillors might have their own private opinions as to whether any remarks made were injgood taste or in bad taste, but, nevertheless, the councillor would be perfectly Vithin his rights' in saying just what he thought. Councillor Gilbert had bean perfectly right in what lie said, although lie would not personally have said the same. He would vote against first part of the resolution, for the rea(|pn that there had been no complaint fi/om outside concerning the matter. Y<H the Alayor allowed th t motion to c6me fonvnrd, censuring a councillor who had been acting perfectly within his Rights. In the interests of free deliatrf and in the public interest generally, fie urged the Council to throw out the Hiotion in toto. 1£ the Council would tfot do that, then the councillors would 'he restricted in the right of tree speech. Of course, in the heat of debate a mail might make a slip, and they had to remember thai the press delighted in printing this sort of thin'g. •' Look at them now," he cried, going as hard as they can go, lieeanse they know that this stuff will go down well with the public. Docs anyone really consider that Councillor Gilbert for one moment meant in its entirety all that he said at last meeting?" Why, he had no doubt that he had regretted the words himself a few moments later.

Councillor Dockrill said he would certainly oppose the motion, which seemed to him to censure a councillor who had had the temerity to express his opinions. He had done so forcibly, perhaps, but he (the speaker) could see no need for censure. He, too, had come under the ban because lie had dared to differ frory the borough solicitors as to whether or not the Minister would allow such a by-law as had been proposed here, the solicitors being of opinion that the sanction would lie refused. They had letters in the office now which proved that he •had been right and the solicitors wrong. They knew now that the Minister had sanctioned motor-car regulation by-laws far more stringent than those proposed, and that the Minister stated recently to a deputation that he would allow any by-laws that were not contrary to the provisions of the statute. Things were coming to a pretty pass, indeed, when a councillor might not express his opinion without being censured for it. He had as much respect as any man in New Plymouth for Messrs. Govett and Quilliam, but he must be allowed to have his own opinions. He knew this firm had drafted the borough by-laws, a task that their predecessor in office, a man of perhaps even higher repute, had ''got out of." And he knew with what success the borough solicitors had transae'ted the Council's legal business. He was not going to say a word for Councillor Gilbert, who could speak for himself, but he was not going to vote him down. Councillor Wat kins agreed with all that had been said in eulogy of fiJie* Council's legal advisers, but found himself compelled to oppose the motion. He advised the mover and seconder to withdraw the motion. He didn't like all this Sort of thing going into the papers, for it would cause a lot of comment. As a matter of {act, he would not be surprised if the borough solicitors forwarded their resignation immediately upon reading the report of the meeting. Councillor Bishop strongly urged Councillor Bellrin'ger and the Mayor to withdraw the motion, pointing out that Councillor Gilbert had merely given expression to his opinion as a trustee of 1 the ratepayers.

Councillor Gilbert said the Council did not understand the words he had used. Messrs. Govett and Quilliam had been asked to frame a by-law, and instead j they lad given an opinion imaaked. They were working for the council, and "they should do as they were told.

Councillor Bellringer objected to the remark made by Councillor Gilbert at last meeting that the borough solicitors had given their opinion "for the sake of (charging a paltry two guineas." Councillor Gilbert: 1 never said it. Councillor Bellringer; It was in the

papers. Councillor Gilbert said that speakers were often misreported in the press. Councillor Bellringer said he would be perfectly satisfied with Councillor Gilbert's assurance that he had not meant to insinuate that the firm had given I their opinion merely to gather in the "paltry fee." Councillor Gilbert assured Councillor Bellringer that he had never insinuated that, and the motion was withdrawn.