THE BOROUGH BY-LAWS.

Wairarapa Daily Times, Volume XVI, Issue 5091, 31 July 1895, Page 3

THE BOROUGH BY-LAWS.

THE COUNCIL AND THE S.M, COURT. AUhoMaslerton Borough Council meeting last night, at the conclusion of the ordinary business, Cr Callen said lie had a matter to bring before the Council. As they were all aware, several cases had recently been brought before the S.M. Court, under their By-laws, and the result had been anything but satisfactory. In fact, in his opinion, the By-laws had been ignored and treated with contempt by the S.M,, who had previously told them that the old By-laws were no good, and now— when tlioy bad gone to the expense of having the By-laws revised—they appeared to be in no better position. He would therefore move that a letter be written to the Minister of Justice, showing the different interpretations placed upon llm llomiiirh By-laws, and tlio penalties imposed by the local Resident Magistrates during the last ten vears, They would find on reference to the decisions of another Magistrate, that for the offence of hanging goods out to verandah posts, several tradesmen were fined "20s and costs; the present S.M. had inilicted lines of Is without costs The result of the cases recently been before the present S.M., showed that it was no use the Inspector or the police taking action. He considered that a line of Is for hanging out goods on verandahs was ridiculous.

The Mayor said he was in sympathy with the motion to some extent. Tt was necessary that the By-laws should be upheld. Ci' Ciillen said that the shilling line business was an incentive to men, in many instances breaking the By-laws, for example, it was cheaper to pay a shilling line than a live shilling license fee to carry passengers on a race-day or holiday,and this tact would be taken advantage of. The Mayor said with all respect to Mi' Hutchison's abilities as a Magistrate, he felt he must support Cr Cullen's motion. If there were any other way of getting over the trouble, ho would be pleased to adopt it-

(t I'uist said lliat such a motion, in his opinion would he an improper one. If they were not satisfied with the decision of the Magistrale they might appeal to a higher Court, He thought the matter altogether too trivial to approach the Justice Depaitment with. The Mayor said they did not wish to impeach the S.M. in any way, but their yiews on the By-laws were so totally different that he did not see how they were to get over the difficulty. Cr Hornblow agreed with Cr Feist. He was of opinion that (heir S.M. carried out his duties without fear or favour, ami he did not think I they should call his decisions into question, He did not consider it was necessary to impose heavy penalties in the cases before the Court.

Cr Feist said he agreed that the treatment of the By-laws was discouraging, hut could they not write to the S.M. himself, on the matter !j It seemed too trivial a thing altogether, to approach the Justice Department on.

The Mayor said 110 other cours# appeared open. He did not sec how writing to the S.M. would get over the difficulty. The motion was then put and carried, only Crs Feist and Hornblow dissenting.