MOUNT PEEL ROAD BOARD.

Temuka Leader, Issue 1576, 3 May 1887, Page 2

MOUNT PEEL ROAD BOARD.

A meeting of this Board was held at the Board's office on Monday last. Present—Hon. J. B. A. Aclsnd (Chairman), and Messrs G. J, Dennistoun, R. Thew, and J. McKay. MINUTES. The minutes of the previous mesting were read and confirmed. CORKESPONDENOE. The following correspondence was read and dealt with : From the Clerk of the, Geraldine County Council, requesting the Board to furnish the Council with copieß of their accounts for forwarding to the Colonial Treasurer.—lt was decided to send the accounts when it was ascertained what was required. From tbe Manager of the Union Bink of Australia, Tinuaru, acknowledging the i receipt of £5 15a 6d to the credit of the Board. , ... - From the South Canterbury .Charitable Aid Board, stating that they' Had decided.

to allow the sum of 15s per month to Mr G. Seale. '■ From Messrs White and Co., Solicitor*, Timaro, giving their opinion as to several question* that had been submitted to them. From Mr J. Gall, Fairlie Creek, offering to supply the Board with ch iff it a certain price.—The Overseer *t»ted that '"> had obtained a supply of chaff from y ili Gull.—The action of the Overseer was approved of. . A vote of thanks to the Chairman ter*. minated the meting. MEETING OF RATEPAYERS. The annual meeting of ratepayers was then held. The day bejng exceedingly wee the attendance was amaL. The Hon. J. B. Acland occupied the chair, and stated that as no fresh candidates had been brought forward to contest the seats rendered,vacant by the resignation of Mr C. G. Tripp and the retiring by effluxion of time of Messrs R.Thew and G. J. Dennistoun those three gentlemen had been re-elected. MINUTES. The minutes of the last annual meeting and the minutes of the meetintr held on A.pril 15*h're dosing wtam roads in the district were read and confirmed.

ANNUAL BEFOBT* The Chairman's annual report for tho past year was read. It. showed•,that the Board commenced the year with a balance of £9236 and closed with: a balance of £8498, a decrease of. capital during the year to the extent of £1738. This was considered satisfactory, as showing that the heavy drain of making roads over very difficult country was now. diminish* iug. The main work had been done, and maintenance was now the chief work of the Board. The sums received during the year amounted to £1305 Jsi 2d. Ihe main items of expenditure during the year had been Peel Forest Main road, £355 ; Opihi bridge, £200; Clayton Road, £162. There was another heavy item of £204 for the Charitable Aid Board, from which they did not Beem able to ebtain much assistance, even when they required it. The report went on to say: "1 mast mention, as you have already been is>. formed through the pnblic Press, that one of the original members of the Board,, who had served the district ever since it*. foundation; was called upon by the auditor to resign, in consequence of bar*, ing in a technical manner acted contrary to the provisions of the 29th clause of the . Road Boards Act It is needless to say, that the matter occurred through an entire. oversight of every member of the Board, and, as Chairman, I am, of course more to blame than any other member of the Board. The occurrence, however, is no impediment to an immediate re-election, and I, therefore,, sincerely hope to see i him again in his old place. ; There is | another point about which the Board may require • legal opinion, which isl that instead of drawing lots, for retire* ment, as we did, a month ago we ought to have done so in May last year." The then stated: that the) Board were ready to give, as far as they could, any information required by the ratepayers, and to listen to any suggestions for the future. The report and balance-sheet, which was also handed round, were adopted. The Chairmaa said he waa very jftadj-j to see Mi- Tripp io his place again as s member of the Board.

i Mr Tripp asked if the Board had taken a legal opinion as to his contention rt\ the , drawing for the retirtag members. I Mr, Tripp's eonteutioa *as that as the draf* ing for the retiring members, took place at the last meeting of the Board, and not in May last, it nas possible.that the same persons bad not been. drawn, is .would have been drawo at the May meeting, . and therefore the Board may be informally constituted as to two of its members tliSjt remain in before .the election. Therefore,.. if a rate is collected , any ratepayer, may refuse to pay the same. The only course, he considered, was for the Board; to re* sign. Ho was, sorry to .say.', it, but he thought that there was only one legal member of the Board, namely, iiimself.. The Chairman asked Mr Tripp'if he had looked up section No. 34; of the Act of 1882. Mr Tripp did so, and then said he wished.to show;the ratepayers that other names than those drawn might hare beep draw a at the May meeting, and the Beard would thus be informal as to those who remained in. Mr Tripp then went on to : say he *aß sorry to. find that everybody in connection with the cause of his resign. ing was wrong, even to the Provincial, ? Auditor himself. Mr Denuietoun said that in the papers Mr Tripp had acknowledged the Provinv cial Auditor to be right. : • Mr Tripp Baid it had been found oalj /; since. (Mr Tripp then read a letter he ''. had forwarded to the Provincial Auditor on the subject.) Mr Piihie said Mr Tripp knew himself it was wrong of him to take the money, because be had spoken to him (MrPithie) of a similar thiiig once before. (Laugh* ter). ' ' ■- " Mr Tripp said it never occurred to any member of the Board in passing the cheque. The Provincial Auditor acted very rightly under clause 109 of the Act, which provides that if the Board has unlawfully paid away any moneys a rate* : payer may'sue the members of the Board * for such sum. Mr Tripp also'pointed' out that under clause 30 be bad rendered himself liable to.be sued for £IOO. He thought the meeting; would agree that be was perfectly right iu resigning his seat when the auditor'• letter was read.

Mr PithiVabked how long Mir Tripp continued to attend the meeting! of the Board after the transaction of the cement, [Upon looking up the minutes he'wai found to h are attended three meeting.] Mr Tripp stated that if he had not; '' resigned, under clause 69 of the Ratepayers' Act, the Resident Magistrate, might have caused a summons to be issued ' calling upon him to show cause why he should not be adjudged unfit for the office. He did not think the Provincial Auditor should hare called upon him to. do it, But the Magistrate., Hp con- , tanded that a person under such, circutn-, ~' stances should be declared dusted by the Magistrate. "■'♦'" The Chairman here read the' auditors latter to the Board in which he called their attention to the transaction of thecement, and called upon Mr Tripp'toresign. He also said he was qujte sure - '."- that the Provincial Auditor knowing Mr "' Tripp'k unimpeachable character, though ' it.wouid ; be best>o take the stepj be e(w "'jl in letting Mr Tripp know of It*' ."; "

"i Mr Tripp then read the fejter .again Rethought from the reading of the A't that Mr Ollivier had gone beyond hiß powen in calling upon bim to resign. He (Mr Tripp) held in his band a legal opinion upon the matter from Messrs Harper and Co., »f Cbrißtchurch, who considered that Mr Ollivier had gone beyond biß powers. , He then rend the letter he had forwarded to Messrs Harper and Co., in, which he had explained th» whale matter, as followti:-April 26th, 1887..—Si*,—I leave with you a copy of : the letter from the Provincial Auditor to the Mount Peel Road Board aod the Chairmen's (Mr Acland'e) reply. You will see a copy of the letter to the Provincial Auditor. He refers the Chairman of the Road Hoard to aection 29 aubseetions of the Road Boardb Act 1882. I resigned my seat at ones. 1 want to know if lending the 25 enska of cement to the Road Board, and being paid exactly what it coatfin Timaru, and also paid the riilway freight and 12s a ton for the same, deprived ma of my Beat. Tim Clerkof the Road Board made out the account himself before the Board. I derived in rofit whatever. The Chairman »»'y 'oy draying the cement and charging Ua a ton is the only weak point. I contend the cement had to be drawn from the station to the work. In addition to helping the Board over the work, I

gave the services of two horses and )i dray, with three men, without any cbarge, and one portion of the works on which' the 25 cask* were used was six miles off the Orari Gorge. I had to puck this with 10 mules—two tons of cemrnt and four tons of gravel-—besides giving the services of two other men with tools and timber, and for which no charge whatever was made. You will see two cases mentioned -id my letter to the Auditor; Please to give cue your answer te> eacb. Yours faithfully, C. G. Tripp. Messrs'Harper and Co., Christchurch." The replies, which Mr Tripp alao read, were to the efiact that the Auditor wbk quite justified in calling the attention of the Chairman of the Mount Peel Road Board to sub-section 5 section 29 of the

Act of ,1882 with reference to the payment of certain accounts to Mr Tripp for r cement and cartage of the same. TLe transaction Would, they : thought, hare brought him within the meaning of the ■aid Act, and bare rendered him incapable of being a member of. the Board. The Auditor had no right, however, to aak or to insist upon bis (Mr Tripp's) retiring from the Board. The Auditor had r power'under lection 109 to report upon the invalidity of the transaction, and then any ratepayer'could have sued the members of the Board who had consented to the payment of the accounts. He (Mr Tripp) might have been liable tc the penalty prescribed by-section 30, and would certainly have been liable to proceedings being taken to'oust him from office at the suit of auy ratepnyer. iMr Tripp also read two questions which he had submitted to Messrs Harper and 'Jo. OB supposed cases, on which be d< aired un opiooion, and the replies thereto, lie wished to know if his Overseer wou d be tjble to make ah arrangemer t witu tho Clerk of the Board to keep a ford of the river near his (Mr Tripp'?) place in repair after every fresh, and to send in his account to the Board without rendering fata (Mr Tripp's)'seat ' vacant—Messrs Harper ancl'Co. were of. opinion that the Uveneeiri - could not, as by such ao arrangement Mr Tripp would be indirectly concerned in a contract with the Board. The second supposed case was—" Am I, • a member* of the Road Board, able to buy of the Road Bdaid for another ratepayer any property of the Road Board—say, tor instance; an iron shed built formerly by the Road ; Board—without making my seat Vacant.'*—Messra : Harper and Co. also thought this could not lie consistently 1 done.; 1 -;'.',/-'. '"';■..,'., .' ... . x . . Tbe:€hairaan said it waa idle to deny that the'ie letters were aimed at himself.

it w« often the fact Ihowever, that people atated a thing just according to the view they took of it. He then alluded to a case in which a letter had been sent to Mr -Jetton suggesting that in the event oF'a sudden fresh at a certain creek be should be empowered to send a ■/nan to fep'air it, such man to be paid for Pjils work by the Board, as it was found inconvenient to send a man all the distance to do a small job it one could be got handy. That letter Mr Mitton had jiot answered. If such a thing had been done and "Mr Mitton had sent a mi»n in his (the Chairman's) employ, the rain would cease to be a servant ot his (the 'ChairmmV) bat would b« a ae?yanf the Bo»rc), Of course if he' (the Chairman) sent in an account for the man's wages to the Board, it would render him liable, but it would cot if the'man was flmployed by the Bo»rd and his wages paid in cash by the Clerk of the Board. Mr Dennistoon :, Your only fault would be in giving the man his food. Mr Tripp pointed out that.it did not lequiroraopey to pass: a ooatract of any ►i sort waa .suffioient. . It was again pqfoted out that Mr Mitton . bad been'asked to undertake the repairs i of a ford at Lynn Creek, in the event of a . fresh, sand .charge, the ■Board with the game, ah it wa» a great Joss ot time to have to send a man to do perhaps nn hour's wo'k when he wasliviog so handy. Mr Tripp said he wished to point put how eaiy.it wu for anyone to be pulled up for» simple thing. The..members remarked >hut it was

Mtoaishing that they had not noticed the illegality of the account when tbey signed b« cheque. The Chairman said the fact of the matter was the Board had to a great extent been ipoiled by the Clerk, Mr Irvine, who bad kept everything: so beautifully straight that they bad not beep so careful of late In «uwining.wbat they were signing as, they ought Jo have been, (Laughter). Mr Tot ton, being new to tbe work, had allowed the thiog to be done, but there was no doubt that Mr Irvine would not ri&ate allowed it..

Mr Tripp then explained, how he came to r itand again for a seat on the Bo»rd, He had not intended to corns forward, and ihould not bare dose 10 if they had not aiked Jhb, m lie felt partly that he had done wianf in allowing himieif to be paid, and he 4 wanted ai exprewion of thrir confidence in j /jbim before coming forward again. He --' thought he had done quite right in resigning whan Mr OUWtfVletter was read. He than read a petition he had reoeired, signed %j Mauri G. J, Dennfotopn, W. Canjuogham : Smith, Arthur Havdon, and 20 «thers, Biking him to allow himieif to be aominatad. He tbnhked them for that expression of eanfideriba. He alio read a letter fwsi'Mr FUsaao in which that

gentleman expressed hii pleasure at hearing of the petition, and his desire that Mr Tripp wonld aeeede to it He was very flad for his part that the Provincial Auditor had taken his ease up. He had no* doubt it would stop a deal of irregularity [that was now going on, and that the country at large would be obliged to him (Mr Tripp) for the steps he had taken to have the matter settled. Mr Fithie said Mr Tripp could have come forward for re-electioa without being asked. Mr Ivipp said he might have done so, but he aad been so long among them that he did not care to do so without an expression of their confidence.

The Ohsirman said that he and the Board quite agreed and sympathised with Mr Tripp in the matter. When they knew he had resigned he (the Chairman) and Mr Dennistoun immediately filled out a nomination paper, and he was very glad to see that Mr Tripp had contented to stand and bad been elected. (Hear, hear.) Mr Hawdon thought Mr Tripp had done quite the right thing in goiDgonthe Board .again. (Hear, hear). Mr Thew thought that Mr Tripp's action in the matter woutj do good throughout the country. The meeting were thoroughly in sympathy with Mr Tripp upon the matter, it being purely an oversight on the part of the Acting Orerieer, Mr Totton, in allowing the cement to be sent for. Mr Maskay laid the ratepayers were perfectly certain that Mr Tripp had not supplied the cement for the purpose of making a profit out of it. (Hear, hear.) Mr G. Jenkins wanted to know what provision the Charitable Aid Board had made for Mr Seale.

It was explained that it had been decided to allow him 15s per month. He had been sent to the hospital, and after being there a short time, and having nine fits in one day, be was seat home incurable. After several letters had been written, remonstrating very strongly on the oanduct of the Charitable Aid Board, the above sum had been granted to him, It was pointed out that the unfortunate man was so subject to flti that he required constant supervision. Mr Dennistoun thougbt the Charitable [ Aid Board should give. each Bond Board I district a little more information as to how the money was spent. (Henr,hear.) At present there was a statement forwarded, but there should be a more detailed account. The meeting entirely aoquieiced. The Chairman asked if the' ratepayers would like to express an opinion as to the proposal to allow local bodies to devote soma of their funds towards the support of the Imperial Institute at Home.—lt was considered that charity began at home. Mr A- Maokay asked what had been the cost of closing the road in the busb.—The Overseer. said there w*s only an item of survey. Mr Flatman had undertaken to pay the expense of elosing. The item of survey had been mixed up with the other account, and it wss not known bow much itwas

On the proposition of Mr Hawdon, seconded by Mr Maokay, it was unanimously decided to allow mtmberi the usual lunoh on Board days. A vote of thanks was paned to the CrißALDim Guakdiah for having a repretentative at tha meeting on suoh an inelement day. A vote of thanks to the Chairman terminated tha meeting.