MILITARY TOURNAMENT FUNDS.

Auckland Star, Volume XXX, Issue 31, 7 February 1899, Page 5

MILITARY TOURNAMENT FUNDS.

THE LEGAL TITL.I

QUEEN'S STATUE V. CHILDREN'S

HOSPITAL.

SUPREME COURT PROCEEDINGS.

THE QUESTION ADJOURNED.

The question as to what body is legally entitled to tJie funis in toe bands of the Military Tournament Committee raised as the result of the Military Tournament held here on the occasion of the Queen's Record Reign Celebrations came before His Honor Mr Justice Conolly in Chambers at the Supreme Court this I morning. The case arose out of a summons for writ of injunction to restrain the Military Tournament Committee from paying over the £250 odd now in their possession to the Queen's Statue Committee. The applicants for the writ were James Stichbury, representing the Hospital and Charitable Aid Board, ami John McLeod, both on behalf of the Children's Hos-1 pital. The case was stated in Court ' this morning as Stichbury v. Banks and Others, Mr Burton* being set down as appearing in support of a summons to stay proceedings. There was also another application down in re Stichbury v. Banks and Others, being a motion by Mr Karl to add Mr Allom's name to the list of defendants. There was an interpleader summons calling on the various parties to appear i n- Court and show cause why the money should, or should not, be paid to the Queen's Statue Committee. Mr K. W. Bui-ton appeared in support of the hearing of the summons for interpleader on behalf of the Military Tournament Committee trustees (Lt.-Col. Banks, Captain Millar, and Liuet.-Commander Clemens). He said that he represented the defendants, who were moving for the interpleader. Mr F. Earl (of the firm of Earl and Campbell) said he appeared for Mr Albert J. Allom. the hon. secretary to the Queen's Statue and Record Reign Commemoration' Committee, and he asked that Mr Allom's name be added as a defendant on behalf of the Committee. Mr Theo. Cooper, instructed by Mr Brookfieid, appeared for the plaintiffs, Messrs Stichbury and McLeod. Mr S. Hesketh said he appeared on behalf of the Auckland Hospital and Charitable Aid Board. Mr Burton : The trustees of the. funds have no objection one way or the other.. They simply desire to do their duty and hand it to whoever is entitled to it. Mr Earl: It will be most inconvenient to my clients. I consider there should be no objection to Mr Allom's name being joined with the others as claimant on behalf of his Committee. An adjournment of the case beingasked for, > His Honor said the difficulty he saw m the matter was that the adjournment would mean it standing over altogether till after the next sitting; it might as well stand over for ever as there would be many things to prevent it coming on. " '" . His Honor said: Altogether it is the most curious action 1 ever saw I don't understand why Mr Stichbury' and Mr McLeod come here to ask the Court to dictate to the trustees what they shall do with the money. Who are Mr Stichbury and Mr McLeod? I dont know anything about them, lhey are mere outsiders as far as I know, and not representatives of anyone, and they come forward and wish Jo s to p the Tournament Committee fiom handing over the money. It is a very great pity that this matter can't be settled out of Court in some way oi other. I can see what the end of the money may be. After two-thirds of the money has been squandered in X '•',?, °r °ther the remaining fhnd will be squandered in law. tl : r'C?°P el': Th? simplest way is for the Statue Committee to take one half of the money and the Hospital Board to take the other half. That will prevent us gentlemen proceeding any further. " •' Mr. Earl: The Statue Committee will not agree- to any such mode of dividing the money. A resolution has been passed by the Tournament Committee, and all that is wanted now is the actual physical handing over of the money. His Honor said he .saw on perusing the-, affidavits before him that Mr btiehbury was described as secretary to the Ancient Order of Foresters and Air McLeod was president of the Friendly Societies' Conference. That could hardly be an occupation. Mr Hesketh said he had not' vet had time to file affidavits. His Honor: I don't see why you and the Charitable Aid Board have any. thing to do with it. I don't see what connection the Board has with the action. Mr Burton said that as Chairman of the Charitable Aid Board Mr Stichbury claimed the money. His Honor said he was leaving for Gisborne this evening, and would not be back till the civil sittings here, which opened on the 22nd inst. The action must be set down for trial by the 19th and he would not be here then. Mr Hesketh applied for adjournment of interpleader. He said if it was adjourned and further considered His Honor might not be troubled with it. His Honor: The Tournament Committee I understand^ are prepared to pay the money to any party the Court may order them to pay it to. The Statue Committee and the Charitable Aid Board on the other hand wants the money. I don't know why Mr Stichbury and Mr McLeod appear in the matter. Mr Cooper: The' Charitable Aid Board have claimed the money, Your Honor, as you will s«?e by the affidavits. , His Honor: Oh, yes; here it is. It says the money is claimed by the Board for the Children's Hospital and the claim was never withdrawn by the Board. Mr Earl: There was no formal dei mand made by the Charitable Aid Board for the money in all those papers. They only say they would be 'pleased to receive the money.' I have no doubt they would be pleased to receive the money, but Mr Stichbury makes no demand for the money on behalf of the Board.

Air Cooper: There is no question about it. The Charitable Aid Board claim the money and the Statue Committee claim the money. They are the two contesting parties and they claim the money.

Air Earl said he must press that Air A. J. Allom be joined as defendant, as representing the Queen's Statue Committee, and that he be authorised to defend on their behalf.

Air Burton ashed that the time for

pleading be extended till after that was done.. His Honor: The Statue Committee certainly appear to me to be entitled to be represented in this case. The statement of claim says it is the intention of the defendant to pay the money ovex to the Statue Committee and prays that they be restrained from doing so. Air Earl objected to the action standing over. The defendants were not taking any steps; why should | they? hi is Honor: No; they say 'We will I wait." I Air Earl: If you will look at Mr j Allom's affidavit'you will see that the Tournament Committee has absolutely assigned the money by resolution to the Statue Committee. A notification of this resolution was sent to Mr Allom by Air Clemens on behalf of the three* trustees. Colonel Banks, Capt. Millar, and Lieut.-Col. Clemens. A cheque for the money was signed by Air Clemens and Air .Millar, and the money was only prevented from being paid over by Colonel Banks not signing it. Air..Earl further said he had no objection to the Charitable Aid Board being added as plaintiffs. His Honor: I think Air Allom's application is a reasonable one, and I shall grant it. I shall make an order that A*lr Allom be joined as defendant, and leave is granted him to defend on behalf of the Statute Committee. The time for defendants' pleadings will be extended for a period of 21 days. The inter-pleader summons will stand over till the next sitting in Chambers. His* Honor then said: I do hope that something will be done and that some disinterested party will settle the whole thing. Air Cooper: I will throw out a suggestion that Dr. Giles should be called in to settle the whole question. He could settle it in half-an-hour. He lives out of town and is not mixed up in it. Air Earl said he was not prepared to consent to that. His Honor: Tt seems to me, speaking as an individual, that the proceedings in this matter are very scandalous—a scandal that the money Hint has been collected should have dwindled down as it has; and if the rest should be lost in litigation it will be a still greater scandal. Air Earl: The children's hospital is already erected and cannot be reerected in honour or the -Queen's Record Reign. Air Cooper: The statue.is i"*i*«>. His Honor then recorded the order for the inclusion of Mt Allom's name as one of the defendants, and for the other proceedings to stand over ;■ till his return here from Gisborne.