Mr J. B. Mason's Suspension.

Thames Star, Volume XV, Issue 4690, 18 January 1884, Page 2

Mr J. B. Mason's Suspension.

The following letter was read from Mr J. B. Mason:—

Sir, and Gentlemen, —I regret to bring under your notice an affair that took place at the Parawai Race-course on the afternoon of the 26th December, when, in the heat and temper of the moment, I struck a man twice with my whip. I now desire to express my Borrow and regret that in the exc'tement of the time I bo far forgot myself, which I feel is a degradation to myself and a disgrace to your Council through its officer, and I now tender to the Council my moßfc humble apology for having acted in the manner above described, and state that when in the Police Court I publicly expressed my extreme regret for what bad taken place. Trusting that the Council will accept this, my humble apology, and permit me to resume my duties. —I hare the honor to be, your obedient Servant, J. B. Mason.

The Town Clerk stated the circumstances leading up to the suspension of Mr Mason . In his opinion an officer of the Council having been publicly convicted in a Court of Justice had brought disgrace upon the Council, and he, as executive officer, considered he was acting in the right spirit when he suspended that officer, pending the decision of the Council on the matter.

Cr McCullough said: Having heard the explanation of the Town Clerk, he would move "That Mr Mason's letter of apology be accepted; and his request "to be reinstated agreed to."—Seconded by Cr Veale.

Cr Speight said the resolution carried with it an assumption that the Town Clerk was justified in suspending the officer, and has also power to do so. Cr McCullough: Yes; and in his opinion the Town Clerk possessed that power. Cr Speight believed the Town Clerk acted with the best intentions, and on the assumption he had the power; but he held that'such a power was not possessed by a servant of the Borough when dealing with his fellow servants. It would be wrong in principle, and might often be abased. Such, a power alone was possessed by the Mayor.

The Mayor said : Even if so, the Town Clerk was his representative, and the proper person to act in his absence. Cr McGowan said if the Town Clerk did not possess the power of suspension, he should; but, in his opinion, he did possess that power/ and in that respect he agreed with Cr McCutlough and His Worship the Mayor.

Cr Veale pointed out the fact that a report had that night been received from Mr Mason, and such being the case, it was tantamount to a reinstatement.

The Town Clerk, in reply to the Mayor, stated that he wag instructed bp a committee to refer the letters of Mr Hart and Rev.. Mr Neill to Mr Mason to reply to, as they contained statements of a personal character. He contended that the power of suspension was in his hands, as head of the department. He had exercised it before, and his action had not been questioned ; in the case, for* instance, of the late carter to the Borough- What he had done he would, under the circumstances, do again, believing he was acting solely in the interests cf the Council, and had the necessary power to do so.

Cr McGowan said he had no doubt upon the matter of the Town Clerk having the power of suspension, and remembered that the Council had not only on a former occasion confirmed that power, but had a record to that effect upon the books.

Cr McCullough said, in order to settle the question and establish a precedent, he would move " That the action of the Town Clerk be confirmed." He held that right or wrong the Council was bound to support its officer, believing th^t he has apted to the best of his judgment. Pr Speight said fhat was making matters worse.

The Mayor remarked that the action had been taken, whether right or wrong, and it was necessary for the Council to deal with the question of reinstatement. Cr McCullotigh sjaid that ereinif the contention of C"r Speight was accepted, it was impossible for the Town Clerk to communicate W{th His Worship the Mayor,

and action was necessary to be prompt, or not at all. It was holiday time. [Cr McGowan: Yes, but councillors could bare been consulted.] Or McCullough admitted that councillors might have been found, but he contended that it was not necessary for the Town Clerk, possessing the inherent right to suspend, to consult with councillors. It might readily be thrown up at him that, having the power to do certain things, he chose to shift the responsibility on to other shoulders. Personally, he considered the Town Clerk had acted within his powers, and on principle he was prepared to support him. Mr Mason's letter, in fact, showed that the writer accepted that position, and asked for reinstatement.

Or Speight: Yes, dictated by fear of loss of billet, and abject in the extreme. . Cr McCullough did not at all think the letter abject, a man had committed a fauit, and in a manly way admitted it. There was no question but Mr Mason had acted indiscreetly. He said it publicly at the time judgment was given against him, and it was just at a time a man would not be in the best of tempers, so that his writing it to the Council could not be said to be done through fear of loss of appointment. Or Veale said he considered Mason already reinstated, from the fact that he bad discharged duties since the suspension.

Cr McGowaa said adopting the resolution was endorsing the action of the Town Clerk. He was not prepared to do that, but was to the reinstatement of the Inspector. He would move—" That the action of the Town Clerk in suspending J. B. Mason without consulting the Mayor or any members of the Council was injudicious, and uncalled for."

Cr Speight seconded.

Cr McCullough considered such an amendment quite uncalled for. Even if the Town Clerk had acted injudiciously, no councillor present was dare to say he had not acted for the best interests of the Council.

Cr Speight—He had personal reasons. The Town Clerk stated that Cr Speight was saying what he knew was not true, and, doing so, was telling an untruth.

Cr Speight said he was prepared to take more than that from the Town Cerk, who was then speaking under excitement. The Town Clerk said he was not excited. He again contended he had the right to act as he did, and he did so believing he was acting correctly.

Cr McGowan* supported the Town Clerk in his contention as to the power of suspension, but not in the matter of discretion.

The Mayor ruled the motion of Cr McGowan was not an amendment, but one that could be brought on at a later period. He then put Cr McCullough's motion, which was agreed to—Crs Veale, Wilson, McCullough, and McGowan voting for it, and Cr Speight against.

Cr McGowan's motion was then read

Cr McCullough moved, as an amendment, " That owing to the absence of His Worship the Mayor, the action of the Town Clerk be approved of." He did so because the proposer of the motion based his disapproval of the action of the Town Clerk because of his not having consulted the Mayor or Councillors, not upon the want of power to suspend.

The Mayor ruled that he could cot accept the amendment, and after some desultory conversation the resolution was pufc— Cta Wilson, McGowan, and Speight voting in favor of it, and Crs McCullough and Yeale against.

The Mayor said that the matter having been quietly settled, it had better rest so, and therefore he would not vote on the question, but declare the motion carried. The meeting broke up after a vote of thanks to the Mayor.