AUCKLAND UNIVERSITY.

Auckland Star, Volume XXXIX, Issue 42, 18 February 1908, Page 3

AUCKLAND UNIVERSITY.

THE CHORAL HALL SITE.

At the conclusion of the routine business at the meeting of the Auckland University College Council yesterday afternoon, the chairman, Sir G. M. o'B.orke, remarked that the next subject for consideration was a letter from. Mr. Henry Brett in connection with Choral Hall matters. The council immediately went into committee to read and discuss the letter, and the proceedings were not, therefore, available for publication in the press, but we understand that Mr. Peacocke explained that the suggestion that something had been done at variance with the terms of the agreement, was founded on a misapprehension of the facts. The following is a copy of the letter forwarded by Mr. Brett:— .Gentlemen,—l read with considerable surprise in the Press the statement made at the last meeting of your Council, by the acting-chairman (Mr Peacocke), when submitting for your approval the deed of agreement drawn up by the solicitors representing the Choral Hall trust and the University College Council. Mr Peacocke is reported to have stated that he had ascertained from the Minister for Education that immediately this deed is signed a Crown grant will be issued In favour of the University College, aud the Choral Society will thereafter stand in the position. of tenants-at-will. Mr Peacocke has since deuied that he i used the last-named phrase in the sense iin- ' plied in the report, but he does not dis- ! pute the statement that as acting-chairman he had been in communication with the Government with a view of obtaining a title to the laud as soon as the agreement is signed. That such a course should have been adopted appears to mc most extraordinary in view of the fact that clause 3 of the agreement provides Unit 'it is expressly declared and agreed -that prior to the completion aud public opening of the Town Hall the Council shall not, nor shall an corporation, body, person or persons on its behalf, or with its concurrence, apply for or in any way attempt to obtain such Crown grant or other ddcumeut or instrument of title to the prejudice of the said Henry Brett." I can hardly believe that at the very moment of signing the agreement the Council would become a party to a direct breach of its provisions, and 1 relying on their good faith I have signed I the deed. i As a good deal of misapprehension and many misrepresentations have been made with regard to my part in connection with these negotiations, I think it expedient for your own and public information to briefly recapitulate the facts. Forty years ago, for substantial consideration given by the Choral Society to the Government, permission was granted for the election of a hall on the present site. Subscriptions, operas, and other entertainments realised a large sum for this object. jaud a wooden ball was built. Unfortunately [a few years later that building was burned 1 down, aud a second hall was also destroyed by tire. The present liall was erected in brick with the full knowledge and approval iof the Government. Additional money was required for this purpose aud was raised iby debentures, bearlug iuterest at 8 per I cent, upon the security of the property, the I society's interest being estimated at about £2000. iind this amount has always appearcS Ju the society's annual balancei sheets. Now this, I believe, represents the position of the society in relation to the property for the past 40 years. Between two and three years ago, when the erection of a Town Hall was definitely mooted. Sir STaurlce O'Korke waited upun mc as one of the trustees and president of the Choral Society, and stated that after prolonged search for land suitable for University extension a majority of the members of the University Collesu Council were of opinion t>at a site somewhere in the vicinity of Qic Choral Hall offered the greatest advanfligcs. He desired to know what prospect there wus of seculius an arrangement by which the Choral Society would yield up possession. I explained the position, and at his solicitation agreed to ascertain the feelIng of the debenture-holders. My inquiries led mc to the conclusion that the musical societies now using the building, which is admirably adapted for their purpose, would only vacate it very reluctantly; I also fore- ; saw great difficulties in securing any settlement with the debenture-holders, who were entitled to receive S per ceut upon their Investment. Under these circumstances the matter was allowed to tall into abeyance for more than a year. Meanwhile the question of a University site further occupied the attention of your Council and the public without reaching any definite conclusion, and Sir Maurice O'Rorke agaiu urged mc to endeavour to make fresh efforts to secure some arrangement by which, without injury to the society, this site <-ould be obtained for the University. As trustee for the Choral Society I felt that, however much I might sympathise with the University College, which had absolutely no shadow of claim upon this site, my first duty was to see that the interests of the Choral Society, the Orchestral Society, Auckland Lledertafel, and of music in Auckland did not suffer. In the course of the negotiations that followed I pointed out to members of the society that the erection of the Town Hall would place a more spacious ooncert hall at their disposal, and that all they would require then would be a convenient hall devoted to the cultivation of music, which would be available for musical practices after the manner in which the Choral Hall is now used. This was the basis of the negotiations which afterwards fook place, and I believe that Sir Maurice O'Rorke fully understood and appreciated the difficulties created by my fiduciary relations to the Choral Society and the othet societies which relied upon mc for the prt>tection of their interests. However, acting upon Sir Maurice O'Rorke's solicitation, 1 proceeded to endeavour, first of all. to re move the difficulty created by the mortgage debt upon the property and paid out of uiy own funds the following amounts (being full par value) for debentures:— LIST OF PAYMENTS TO DEBENTUREHOLDERS BY MR H. BRETT.

Adding my own t>7o debentures we have n total of £2200; irrespective of the .2000 already mentioned as representing the interest of the Choral Society. In addition to this, while these negotiations were goIng on it became imperative to furnish the building with a new roof and effect other repairs. These were carried out by Mr Pbilcox at a cost of £21S, the amount being paid at the end of July." 1900; and after 1 hau acquired some of the debentures. As the greater portion of the expenditure upon these repairs, however, has been paid from rents, I omitted that item wiieu negotiat'ug with the committee of the University Council. Excluding therefore the outlay on repairs, there was a total debit of £4200 to be met when the ground had been cleared for a direct settlement with the University Council. But of more importance to mc, as representing the Choral Society, was the necessity for ensuring that the concerts which have continued without interruption for the past 40 years should not be brought to a close through any neglect of tlieir interests on my part. It was for this reason that I made it an absolute condition that the completion of the bargain should depend upon the erection of the Town Hall. If pecuniary considerations had governed the transaction it would have been an easy matter to accept the University Council's offered money, and so hare brought what has been a very troublesome and unsatisfactory matter to a close. The essential bases of settlement secured under the agreement ure: (1) That of the £4000 arranged as the baais of purchase I shall donate £500 to the University Council; (2) that the Choral Society shall have the permanout use of the present building until a Town Hall is erected and publicly opeued: (3) that £JOOO. of the purchase money, less legal expenses, shall be held jn trust by mc for the Choral Society, and will be paid over ns soon as received from the Council. Asainst the balance remaininc (£1500). as I have already shown. I hnvo paid away £3530 in cash to debontureholders, leaving mc actually out of pocket £30 in cash and £670. the value of my debeuturos upon the basis of the money actually paid to other debenture-holders or a total loss of £700. I have no doubt that Sir Maurice O'Eorke will confirm the facts set out In statement, and feel assnred that your Council will realise that I have done the utmost that was possible, in view of my trust obligations, to advance th» Interests of the University In this matter. -4-1 "am, yours sincerely, J. TiRET'T.

Amount raid lij of Mr Debentures Brett J. ilcCosil Clark's trustees. . £300 £390 Frederick Earl . 100 100 F. D. Fenton's trustees .... 570 570 David Nathan's executors .. 120 120 Heury Green 220 230 William Aitken's trustees .. 120 120 £1520 £1530