TIMARU MAYORALTY

Press, Volume LXXVIII, Issue 23716, 14 August 1942, Page 6

TIMARU MAYORALTY

♦ OPINION OF CROWN LAW OFFICE TO BE SOUGHT

(0.R.) TIMARU. August 13. The member of Parliament for Timaru will be asked to get the opinion of the Crown Law Office so that the Government can advise the Timaru Borough Council of the correct course to follow about the Mayor’s leave of absence. A resolution to this effect was carried at a special meeting of the Timaru Borough Council to-night. The Acting-Mayor (Mr P. B. Foote) said that councillors had before them advice from the borough solicitors (Messrs Perry, Finch, and Hudson) indicating that the Mayor (Major W. G. Tweedy) had already lost his seat. An opinion had also been received from the Municipal Association indicating that the Mayor could retain his seat for the duration of his term of office. Three courses were now open to the council: (1) To follow the borough solicitor’s opinion; (2) to approach the Court to have the matter decided (3) to get an opinion from the Crown Law Office. “The course I recommend,” said Mr Foote, “is to approach the Crown Law Office. Should the council decide to follow the borough solicitor’s advice. I should be forced to place the facts before the Government, although to the layman the borough solicitor’s opinion is much the more reasonable.” Mr Foote said that Major Tweedy did not know of the legal difficulties that had arisen. Major Tweedy had been sent an official letter advising him of the council’s decision not to grant him further leave, and that his seat would •be vacant after his absence from four consecutive meetings; he had not yet been informed of further developments. , , Mr Foote reported that he had recently asked the Hon. W. A. Bodkin, if the council could appeal to the Crown Law Office. Mr Bodkin had thought it a proper course to take. Mr W. H. Hall then moved a resolution that the Crown Law Office be approached. The motion was carried unanimously. A further opinion from the borough solicitors was submitted to the meeting indicating that only two days from the date of the special meeting would be available within which to receive nominations for the Mayoralty. “This may be an unreasonably short period,” stated the solicitors. “We suggest the date of election be fixed later than 25th instant.” It was pointed out that while this would be a technical irregularity under the act. it would not in their opinion be sufficient to endanger the validity of the election. Major Tweedy was elected in May. 1941, and his term would normally expire in May. 1944.