HAMILTON BOROUGH COUNCIL.

Waikato Times, Volume XIV, Issue 1194, 21 February 1880, Page 2

HAMILTON BOROUGH COUNCIL.

A MEETING of the Hamilton Borough Council was held on Thursday evening to consider by laws. There were present the Mayor, and ' rs. Beale, Knox, Janes, Cumming Davits, Vialou, Peat, and Me onald. The Minntes of the pieceediupr meeting having been read and adopted, the bylaw relating to the bridge traffic was read by the cler*, "Any person riiing or driving over the bridge afc any other than a walking pace." Cr Jones pointed out the by-law should be made to effect the driving of cattle, and that cattle driven over the bridge should be accompanied by two persons, one proceeding and one driving, so as to prevent them breaking out of a wal« tr. Vialou thought that it was utra vires for the Council to attempt to pass a by-law of the nature proposed, and that if they did so it would only be a dead letter. Cr. Knox said this was purely a matter of opinion, and if the Couudllor who had just spoken thought so he could test the question by galloping oyer the bridge, and come to conclusions with the Council. Cr. dimming 1 said the solicitors to the Borough were the best judges of 4he legality of snch a by-law, and that if ©ne of them did not utt nd to give a legal opinion it would be as well if he attended to ensure that tLe by-laws were drawn up in Queen's English. The board stuck up at the Bridge with the notioe " Traffic are requested to crosb this bridge at a walking pace only" was the laughing stoc* of tho district. Cr. \ialou said that the solicitors opinion should be taken on the legality 01 the Councils making such a fey-law, before proceedings were taken. Cr Knox said that fo briug matters to a close ho would propose " That the by-law as read be adopted." Cr. McDonald seconded. Cr. Beale spo c in favor of the adoption of the by-law. It was necessary for many reasons, and ho thought it could be left to the Court when cases occurred, to say what was too fast diiving or riding. Cr Cumming would oppose the passing of tho by-law It was a ridiculous and unjust one, and quite unne<-es>ary. It was a poor bridge that would not permit of a light vehicle being driven over it at a trot. Ihe by-law against furious riding was quite sufficient protection. Tho Mayor thought it an absurdity that the Bridge could not be passed over by a trap at a reasonable trot. Cr Jones said that the bridge was altogether too narrow to allow a vehicle to pass over it, at other than a walking pace, with safety to foot passengers. .It was not^so mnch a question whether the brHge would be injured by the vibration caused by quick driving, as to provide for the safety of women and children. Cr. Curaming moved as an ammendrnent •'That the la»v as at present relating to persons riding or driving furiously in a public place is quite sufficient protection for the Hamilton traffic bridge.'" Cr. Vialou seconded: Cr. Knox said that the mover of the amendment {was quite mistaken * in supposing heavy vehicles were content to walk over. It was only the other day he saw a wagon and four horses laden with puriri posts cross the bridge at a spanking trot, and those with him and he himself noticed the structure actually shake under it. Cr. Beale said he had it from the best authority that in consequence of doing away with the land span the bridge had been considerably weakened, and required the most careful handling. Cr. Vialou Said if the bridge was not fit for ordinary traffic the sooner it went I into the river the better, and they hart a new one. It hud been built by the Government, which was responsible for it. Cr. McDonald thought on the contrary it was the duty of the birough now it had got the bridge to take all necessary measures for preserving it. i l he amendment was then put, with the following result:— For: Crs. Cumming, Vialou, and the Mayor. Again.-t : Crs. Beale, Knox, Joues, Davis, Peat, and McDonald. The original motion was then put and carried by the same majority as the re-olutiou was lobt by. i The by-laws passed at last meeting and sent to the borough solicitors for correction were then read. Tho following alteration was reeom*

mended in the by-law relating to hawkers that, instead of the words 11 That the word 'hawker/ or 'pedlar' shall mean any person not having any established place of business in the borough, who carries round from house to houso for sale within the limits of the borough auy merchandise, goods, or commodities whatsoever of an imperishable | nature," the following shall be used :—": — " Providing that farmers and settlers selling produce of their own raising shall not be liable to pay any foe." A long discussion arose out of this proposed alteration, some Councillors inbibtmg 1 on retaining the vord* proposed to be struck out, and making the alteration an addition ; others against accepting the alteration. Gr. Knox pointed out that if the alteration was not accepted, either as an alteration or addition, country settlers would not be able to biing their butter and eggs for sale into Hamilton, as going irom Louse to housi, or Htore to store, to get a market for their butter, &c, they were literally, and in every sense of the word, hawker ». O. Jones propo.-ed, and Cr. heale seconded, " hat the words suggested by the solicitors be received, not as an alteration, but as an addition to the proposed by-law." A wordy di«cussion arose, during which Cr. Peat left the Council chambers, when Cr. Cumming proposed as an amendment, and Cr Knox seconded, '* That the by-law as amended by the borough's solicitors be adopted." For the amendment : Crs. Knox, Gumming, McDonald, and the Mayor. Against: Crs. Beale, Jones, Vialou, and Davis. The original resolution was then put, when there were for it : ( "rs. Beale, Jones, Vialou, and Davis. Against : Crs. Knox, Cumming, McDonald, and the Mayor. The Mayor then gave his casting vote in favor of the amendment, saying that he did so as he thought it dpsirable the Council should follow the advice of its solicitors. In the by-law relating to prevention of cattle wandering in the borough, the solioitor advised the substitution of the j term "40 chains," instead of that of " half-a-mile," as the radius from the Post-offices within which cattle should be prohibited from being at large. Cr. Jones moved, "That the amendment bo adopted " Cr. Curaming said he would be in favor of moving another amendment. The taking off so many chains of a radins within which cattle would be trespassing, and leaving the rest of the borough to be trespassed over was strongly opposed to the feelings of the burgesses. One man's garden had as much r'ght to be protected aa another's. He thought the area should embrace the whole borough, and not make fish of one and flesh of another. Cr. Jones said that the alteration of the radius could not now be considered. They could simply accept a technical alteration like that proposed by the solicitor. Cr Knox said that he would second any amendment for the reconsideration of the whole question relating to the cattle. Cr. Vialou protected against any such action being taken by the i ouncil. 'I ho question to be considered was not the alteration of the radius but simply whether the radius should be called 40 chain* or half-a-mile, both meaning the same thing. They co«ild not re-open the principlo of te question for the by-law had been finally adopted at the previous meeting." • r Knox : " That is not the case. No resolution formally adopting the by-laws was pa^ped at the last meeting." Cr. Vialou maintained that the fact of a resolution being passed instructing the Clerk to take the necessary steps with respect to the by-laws was tantamount to formally adopting th^m. Considerable discussion arose on this point. The Mayor said he did not think it was competent to re-open the question. His own view was 1 , an before expressed, that the by-law should apply to the whole borough, or not be passed at nil. ( r. Kuox said that he had taken gnod legal opinion, and was informed that the by -laws had not been legally adopted. Cr. Cumming expressed his intention of making a motion to do so, when ■ rs. Beale, Jones, and Davis rose one after the other and left the room. < 'r. Vialou wiB following, when Cr. Knox twitted him with following the lead of the " Inns " so as to leave the " Outs" without a quorum. Cr. Vialou in passing the Mayor's chair said he had every respect for his Worship and the Council, but that he would not rem tit in his seat and enable the Council to do an illegal act, which would be the case if they rescinded the resolution come to at a previous meeting other than in accordance with the standing orders. Some sharp passages of arms took plaoe, and the meeting broke up in confusion.