REMUERA AND TOE CITY.

Auckland Star, Volume XLV, Issue 169, 17 July 1914, Page 2

REMUERA AND TOE CITY.

VALIDITY OF COMMISSION. A DOUBTFTL APPOrNTMENT. Further evidence was given yesterday afternoon and evening before the commission inquiring into the question of the proposed amalgamation of thp road district of Kemuern and the city of Auckland. Mr. C. C. Kettle, S.M., presided, land the commissioners sitting with him I were Messrs. H. M. Skeet and F. F. Mackenzie. Mr. A. E. Skelton appeared for 1 those in favour of an a-malguination and Mr. R. MeVcagli for those who oppose it.

The witnesses called were C. H. Furness, A. G. Pilkiugton. I). Fallon, and W. P. Such, who considered that the time had not arrived when amalgamation was necessary or desirable.

Mr. Kettle raised an important point as to the validity of the commission. Tie said that the Auckland City Empowering Act. a local Act. was passed on November 7. 1111:1, and section 1:1 provided that it should be lawful for any local district (other than a borough) which adjoins the city of Auckland "to be and become united with the city in the manner and subject to the conditions prescribed by the Municipal Corporations Act. 1908," i.e.. section US of that Act., which provided that on a petition the Governor might give effect to the prayer of the petition for amalgamation or delegate his powers to a commission. That had not h»eii done in the present ease. The. commission was issued under the provisions of section 14 of the Municipal Corporations Amendment Act. 101:1. which was passed on December 1.") of that year. It was a question whether, for the purposes of section 1:1 of the. Auckland City Empowering Apt. 191.'). UK of the Municipal Corporations Ael. IftOS, was still in force, and whether section 14 of the Act of 1913 applied. If there was any doubt about the question it was 110 use the commission proceeding, anil it might, hi' desirable to obtain the opinion of the Supremo Court under the Declaratory .lodgments Act as to thy l position. His Worship said he did not express any decided opinion on the matter.

Mr. Kettle's fellow-commissioners and counsel agreed as to the importance, of the point raised.

At the conclusion of the evidence the commission decided to ask for an extension of time until the end of August, and in the meantime a date will be lixed for hearing the addresses of counsel.