BY-LAWS AND BICYCLES

Taranaki Daily News, Volume LIV, Issue 14, 11 July 1911, Page 8

BY-LAWS AND BICYCLES

A QUESTION" OK DISCRETION. At tin- riorough Council mooting last night, Cr. Mitnnix a*kud if it wore a fact that tho general inspector, after reporting several eases of breaches 01 the borough by-laws, had received instructions not to prosecute the offenders.

The town clerk, Mr. F. T. Hellringcr, stated that Cr. Mannix had been correctly informed. The borough inspector, when in the borough engineer's department, had had to report his cases to the borough engineer, and had no authority to prosecute offenders except when instructed to do so. At last meeting of the Council the inspector had been placed in his (the town clerk's) department, and he aseuned that now he wag given the right to exercise his discretion in the matter of enforcing the by-laws by means of prosecutions in the court. The cases to which Cr. Mannix referred were those of Messrs. Geo. Pox, Eusfiatius Griffiths, and Jennins, who ■were reported by tho inspector on June 10th for riding their bicycles on the footpath in Devon street east. He askW the inspector, in a note, whether the footpath referred to was the footpath immediately adjoining the metalling ■work, and, if so, was it not impossible to ride on the road. Mr. Tippins had replied that the footpath was immediately opposite the new metalling. Having a knowledge of the condition of the road, the town clerk informed the inspector that under the circumstances theTc would lie no prosecution, and that he would write to the persons.concerned. On June 12th he wrote ts thorn, pointing out that the Council's clemency on this occasion must not be taken as a precedent, but that in similar circumstances in future they should get off their cycles and walk. Mr. Bollringcr said he had been given this discretionary power, but nt the same time he did not think that he should have this power, for he heard only the inspector's side of the ease. The inspector, knowing all the facts, should be able to decide whether or not to prosecute. If, however, the Council was going to give him this discretion he must have absolute discretion. There was no doubt in his mind that breaches took place in which no prosecution should follow, and these were of that nature. He referred also to the inspector's report on a man whose horse had got out of his paddock through no fault of the owner and had been impounded. The owner had paid the impounding fees, and he (the town clerk) bid decided that this was not a ease for :'. prosecution. Ho was not affected at all by the persons concerned, but only by circumstance*. | Cr. Mannix said he had brought the I mittc- up because several ratepayers had spoken to him about it in the street and a ':ed him'to bring it forward. Mr. Cellringer said he took no offence, but was glad of the opportunity to make the explanation. Probably his view of the circumstances differed from that of the borough inspector or of the borough engineer. He understood that a fine had been inflicted for cycling on this path under very similar circumstances. Cr. Morey said that under the conditions referred to he would ride on the path himself. He was satisfied to leave the discretion with the town clerk, for if this power was given to the Inspector "the Council would never know where it would be."

Cr. Buxton "reckoned" that if he were in a motor-car, and he came across a stretch of now metal, he would motor on the path and tako the risk, unless some other road were available. To which Cr. Clarke replied that the councillors had no right to encourage people to break the by-laws, as some of the councillors were doing now. He had often felt tempted to try a motor trip on the path at this spot, and would have, done so but for the fact that he was a councillor. He knew, of course, that "Ben" would delight in catching him. Tlic records would show that there

had been no favoritism. People had been prosecuted without regard for person or position. He agreed that the town clerk should exercise his discretion.

Cr. Hartnell agreed that there should be discretion, and that the Council had placed it in the right hands. Cr. Buttlmore agreed. Cr. Ambury wmplimented the town clerk on the exceptional judgment and rommon-sensc which had influenced him in the cases under notice.

This closed the discussion, except that a. wMi was expressed that the facts as stated should be published.