The Municipal Scandal.

Wairarapa Daily Times, Volume IX, Issue 2814, 3 February 1888, Page 2

The Municipal Scandal.

TO THE EDITOK. Sir—l flatter myself that I know a little of law and law making, and you will therefore,'l trust, pardon me for referring to the decision of tho Resident Magistrate in tho case of Brown v Renall, in which the former, in his official capacity as Town Clerlf, sued the latter, in his private capacity, for breaking up a street within the Borough. The decision hinged entirely upon the reading of clause 9 of the Municipal Corporations Act, 188G, which runs as follows: " In all proceedings in which the Council is concerned « * * * tho Mayor, or any Councillor appointed for the purpose bv resolution of the Council, or Town Clerk may represent and act on behalf of the Council." By the reading of the clause the Mayor has an undoubted right to represent the Council, without any special resolution being passed; a councillor has the same right, provided he is authorised by resolution; while tho Town Clerk is also entitled to act, there being uo mention whatever of a special resolution being required to authorise him. The draughtsman of the Act simply placed the Mayor, Councillor, and Town Clerk in the order named because it is usual to mention a councillor before any paid officer of the Council. If the words "or ,Town Clerk" were to be removed and plaped after the word " Mayor," the'sense of the clauso would not' be altered in any way, but the clause itself would appear a good deal plainer to those who have not studied the intricacies of grammar. I am quite sure that Mr Curwiii, who draughts {lie most important Govern-

ment measures, would, if referred to, laugh at any interpretation of the clause other than the one l have given. Mr von Stunner, iu giving his decision, snid that ha felt assured that the Legislature never contemplated that any one person should be in a posffin to involve the borough in a laiv'sW, but he quite forgot that clause 6 of the Act of 1876 clearly empowered the Town Cleric to act without instructions, from the Council. If Mr von Sturmer'a ruling is correct, then the borough' ranger cannot, sue any person for allowing stock to wander, without special instructions from the Council, nor can the inspector of nuisancos take steps to abate a nuisancopthout obtaining authority in a - similar manner. The Council of a large borough would, as a matter of fact, hare very little'time to do anything beside, granting these special instructions. That, I would respectfully submit, is certainly not a state of things that was contemplated by the Legislature when the Act was passed* , Yours, % iGNOTUSr V

Grape Vine Culture. [To the Editor. | Sir,—lu reading your article on the culture of the grape vino in .jkw Zealand, which appeared iu yourSße of Saturday last, I was struck by the concluding which states : that " under no circumstances mubi"vines more tban two years old be ) planted." I have no desire to be personal, but unless I am laboring under a misapprehension, the contributor of your" Gardening Notes" has ohanged • his on the subject quite recently, for only last winter he purchased grape vines from me, and, un-. fortunately for me, preferred vines that had reached the age of ten years to the one and two-year-olds I had iu' my grounds. I should be glad to learn why he now recommends the younger plants. He may, have a reason that would prove of importance to all grape growers. I am, etc,, J. Stone.