HAMILTON BOROUGH COUNCIL.

Waikato Times, Volume XV, Issue 1300, 28 October 1880, Page 2

HAMILTON BOROUGH COUNCIL.

A spboial meeting of the Counoil was held on Tuesday evening to consider what farther steps should be takan in the ' matter of Seddon's claim. There were present — His Worship the Mayor, Cm. Peat, Knox, Mullions, Price, Davis, Jones, Hill, and McGarrigle. ' The Mayor opened the proceedings by calling on the Town Clerk to read the requisition, signed by certain of the Councillors, in accordance with which the meeting had been convened. The Town Clerk also read a letter from Messrs "WhitaKer and Sheehan, the Borough solicitors, detailing the steps which should be adopted in order to the taking of land required for bridge approaoh under the Public Works Act, 1876. The Mayor moved ' * That, as the matter which they were met to consider was very important, the Council go into committee. This was seconded by Cr. Peat. Or. Hill said he had a resolution to propose, which he thought would do away with the necessity of going into committee, and which would at once commend itself to the favour of Councillors. Cr. Knox pointed out that by going into committee better opportunities for discussion would be afforded, and Cr. Hill having concurred, the Counoil resolved itself into committee. Cr. Hill moved "Th.it the land required to make the approaches to the Hamilton bridge on the West side be taken under the Public Works Act, 1876, and that any action taken by the representatives of the Counoil previously was not in accordance with the authority they received." In support of the motion, Cr. Hill said that any arrangement which the Council had previously made regarding the matter were illegal. It was competent for the Council to give compensation to people for damage done to their properties, but no Council, he believed, had power to purchase land. He trusted members would support him in getting the land under the Public Works Act. Cr. McGarrigle seconded the motion. Cr. Jones wished to be put in possession of all the information bearing upon the powers of the Council in matters of this Kind. Cr. Knox considered that the opinion of the solicitors was quite sufficient. Cr. Price asked if tliey had the opinion of a solicitor to the effect that their previous action was illegal. The Mayor said the letter from Messrs Whitaker and Sheehan, as they would observe, carefully avoided all reference to the claim made by Mr Seddon, and dealt simply with the question of taking the land under the Act. In reference to what had fallen from the mover of the resolution, he might state that Borough Councils were empowered to buy land. Cr. Hill contended that Crs. Price and Vialou had acted outside the instructions given them by the Council, and the Council could not therefore be bound by them. Cr. Jones corroborated this, and narrated what had taken place when Mr Seddon had waited on the committee appointed by the Council. Cr. Price said Cr. Vialou and himself were sent merely to complete the purchase. The claim had been investigated by a committee, of which Cr. Jones was chairman, and, if any were to blame, the members of that committee were at fault. But, in any case, the action of the deputation had been confirmed by the whole Council. Cr. Knox said the action of the whole Council was illegal. The Mayor moved an amendment to the following effect : ' ' That previous to to any action being taken, the resolution standing [in t'toe minute-book No. 10, of the 24th August be put in force, namely, that a committee consisting of the Mayor, Crs. Vialou, Jones, and McGarrigle, draw up a statement of the particulars of the whole matter, to be submitted for the opinion of the Agent-General." Cr. McGarrigle said such an amendment as that came with very bad grace from the Mayor, after calling a poll of the burgesses to decide the question, and after he had given his word of honor to abide by the result of the said poll. The Mayor said he did not consider that the poll fairly represented the voice of the burgesses. There were only some 36 votes recorded. Cr. Knox said the poll was representative enough. He could assure the Mayor that the poll had been carefully watched, and for every man who voted against, two were always brought up to vote for repudiation. He would also remind the Mayor that Cr. Hill and himself, as the representatives of that section of the community which went in for the of Mr Seddon's claim, had been elected by an overwhelming majority. He was confident that if they stood again on the same ticket the next day, the result would be the same. Cr. Jones considered the Mayor was bound by the result of the poll. Cr Price said numbers of the burgesses refrained from going to the poll, simply beoause they believed the whole affair to have been finally settled. Cr. Knox said he was sure that such was not the case, so far as the majority of the ratepapers was concerned. The Mayor wished the Clerk to read the opinion forwarded by Mr Sheehan. Cr. Knox wished to know, before such was done, the nature of the statements put before Mr Sheehan by the Mayor and Cr. Vialou on their visit to that gentleman at Cambridge. He would like to

have the written statements before them, Cr. Hill asked'.OD what day of* the week the consultation had been held.' The Mayor, in reply, stated that the questions asked Mr Sheehan were verbal, but they fully and fairly stated the case. The visit was made on a Sunday. Cr. Knox said there were two parties at that time, and the Mayor ought to have gone accompanied by one of the other side in order to place the matter fairly before Mr Sheehan. —The- Mayor said, 'however that might be, clearly their course at present was to take the advice of Mr $.' Whital?'cr, The amendment was seconded by Cr. Price. Cr. Peat was in favor of the amendment. He would like to see a good legal opinion ojti the matter before they com* mitted themselves. Cr. McGarrigle considered that they ought to follow out the wishes of the ratepayers. Let the case go into Court ; if they lost, they would have a few expenses to pay ; if they won, they would gain £37«. The Town Clerk then read the opinion received from Mr Sheehan at the time. Cr. Hill then replied. Notwithstanding what the Mayor had said, the opinion got from Mr Sheehan was, he had good reason to believe, simply a bar-room opinion, and worth nothing whatever. After some further discussion, the amendment was put and lost, and the motion was oarried on a division as follows : — For : Crs. McG-arrigle, Hill, Knox, Davis, and Jones. Against : The Mayor, Crs. Peat, Price, and Mullions. The Council then resumed, and the proceedings of the committee were confirmed. The following resolution was carried on the motion of Cr. Knox, seconded by Cr. McGarrigle :— "That the Clerk take the necessary steps wnder the Public Work 8 Act to secure the land necessary " for the bridge approaches on the "West side." This was all the business, and the Council rose.