HAMILTON BOROUGH COUNCIL.

Waikato Argus, Volume VII, Issue 530, 21 December 1899, Page 3

HAMILTON BOROUGH COUNCIL.

Ajtteb the installation of the Mayor last evening the following business was transacted :

Water Supply.—Mr H. H. Metcalfe , wrote offering to supply a preliminary outline scheme and estimate for a water supply for the sum mentioned by the Council, viz., £2O, but not plans and specifications—Cr. Young said as the mover of the original motion, he was under the impression that the sum of £2O would include a complete scheme and plans and specifications for the work. Under the circumstances, and taking into consideration the state of the finances of the Borough, he would certainly oppose the expenditure for a preliminary scheme. —Cr. Dyer was under the same impiessmn and would now oppose the step, and proposed that the Council should not authorise the expenditureof £2O fora preliminary scheme. —Cr. Sandes said from correspondence with Mr Metcalfe some two years ago, he understood that a preliminary scheme was to be supplied for the sum named, with an estimate of the cost and the upkeep ; but not that it was to include a complete scheme.—Cr. Dyer's motion was seconded by Cr. Salmon and carried unanimously. Borough Books. Mr A. Swarbrick forwarded the following opinion he had received from Mr C. J. Parr, solicitor, of Auckland : "In answer to your letter asking my opinion upon the question of what books or documents a burgess is entitled to inspect under Section 174 of " The Municipal Corporations Act," ISB6, I beg to advise as follows:—I am of opinion that Section 174 empowers a burgess to examine only the accounts as made up and kept by the Treasurer, such as the half - yearly statements mentioned in Sections 166 and 167 and the annual balance-sheet referred to by Section 169, which, after being audited and settled by the Council, "Is deemed to be the true accounts of the Borough for all purposes." I thick also that perhaps the ledgers show ing generally the receipts and expenditure of the Council might be shown to a burgess, not because I am satisfied he has any clear legal right to inspect them, but because they show at a glance what the position of each accouut is, and the half-yearly and yearly statements arc really little more than abstracts of the pages of the ledgers. A burgess is not entitled to examine any other book?, papers, or vouchers than those above enumerated. I come to this conclusion for the following reasons; 1. Stction 174 gives a right to examiue the " accounts of the Treasurer." Nothing is said about cash books, vouchers, pass book, etc. If it had been intended to confer on a burgess power to inspect, not only accounts, but also the vouchete, books and papers, from which the accounts are compiled, it would have been easy enough for the legislature to have said so in Section 174. i. Section 167 empowers the Auditor to examine inter alia, the bank pass book, bank receipts, vouchers, etc. If a burgess were intended to have the same full power of inspection, why is similar language not employed in Section 174 ? Again Section 163 imposes a penalty for obstructing the Auditor in his examination of the "books and papers " of the Treasurer. Section 174 imposes a penalty for obstructing a burgess in his inspection of the " accounts "of the Treasurer only. 1 think a comparison of the verbiage of these three Sections clearly shows that the legislature had no intention of giving a burgess the right to inspect such documents as vouchers, pass book?, receipts, etc. 3. As already stated, Section 171 expressly defines the annual balancesheet, etc., to be the " true accounts of the Borough for all purposes," and this to my mind practically settles the question. 4. In conclusion, if necessary, the rule requiring a construction (of Section 174) which is most agreeable to convenience and reason applies here. It would be manifestly inconvenient and unreasonable that all the burgesses should have the right to insist on an inspection of every voucher, book and paper in the Treasurer's Office. The whole of the Treasurer's time might be taken up in exhibiting all his books, etc. to inquisitive burgesses. The Legislature could never have intended anything so absurd, so inconvenient and so unreasonable. The Statute makes ample provision for the protection of the burgesses by requiring a frequent and stringent audit by the Auditor General of the Borough accounts. It was never intended to constitute every burgess also an auditor. I therefore advise that his right of inspection is limited as above mentioned.—Mr Swarbrick added that lie was of this opinion himself, but as Mr Parr was a well-known authority on municipal matters he thought it desirable that his opinion should be obtained.— The Mayor said Mr Parr was, he believed, a member of the Auckland Ratepayers Association, and the tact would give his opinion more weight. Mr Parr was recognised as one of the beat authorities on municipal law in the colony.— Cr. Young thought that as the Council still subscribed to the Municipal Association in Wellington, and legal opinions could be obtained from the Association free, advantage should be taken of this in the future.—Cr. Dyer asked permission to have read a letter, which Mr Mauudor had reseived from Mr Warburton, the Controller and Auditor General on the subject. This was opposed as being a wrong precedent, the opinion being that it was not proper to consider correspondence of a]priviite nature when not addressed to the Council, and it was decided that the letter be not read.

Tenders. —The following tenders for the annual supplies were dealt with : Gravel: T. Jones, Is 2d per yard (accepted) ; R. Waite, Is 2d per yard. Carting : Tenders were received from Messrs C. Harwood and J. Ridler, the latler's being accepted. Dog Collars : Mr M. A. Going's tender—the only one—was accepted. Pot/ndkeeper, etc Applications were received from F. Hunt, junr., Jas. Deyitt and J. M. Kelly for the position of poundkeepcr, dog registrar and ranger.—Cr. Tristram proposed, and Cr. Young seconded, that Jas. Devitt should be appointed. The former, in speaking to the motion, referred to the excellent manner in which Mr Devitt had carried out his duties when he previously occupied the position.—The Mayor and Cr. Dyer spoke in favour of his appointment, and the motion on being put was carried unanimously. Accounts. The following accounts were passed for payment :—T. Jones, £7 17s 6d; J. Ridler, £ I is 6d. Holidays.—On the motion of Cr. Tippin, seconded by Cr. Tristram, it was decided to grant the Town Clerk and the Foreman of Works the usual Christmas holidays. Inspector op Endowments. —Mr Sandes proposed that an Endowment Inspector should be appointed at the same salary as hitherto £3O a year.- Cr. Salmon seconded.—Cr. Dyer thought tho principle was wrong aud would oppose the appointment.—Cr. Young was of the same opinion as the office was a sinecure. He thought some tangible work should be done for the money.—The Mayor said there was no need to disguise the reason for the appointment. He thought, considering, the low state of the Borough finances it was better to have the £lO a year than nothing.—Cr. San Jes said the office was no sinecure. The Inspector furnished reports and was always willing to do so when requested. The motion was then put and earned, Crs. Young and Dyer dissenting.