Untitled

Dominion, Volume 2, Issue 537, 18 June 1909, Page 8

The City Council's Health Committee reported last night that it had inetnicted the city solicitor to appeal against the l decision of the magistrate in the case Doylo v. Gil-' mor, in which judgment was. given -for defendant when .he was -proceeded against by the council, in connection; with an'alleged nuisance at/ Island Bay. Councillors ,-Ballinger and Frost objected to' an appeal being lodged, and urged that such an action would simply be wasting, the council's money.' Councillor; Cohen was also against the appeal. It was pointed out that Mr. Gilmer had remedied tho matter aa soon-.as it was brought under his notice, and should not he persecuted. 'The by-Laws should be.. passed so';as to obviate these things.' Councillor M'Laren urged.that tlio matter should-bo tested in the higher Court. Councillor Carmichael stated; that, whilst tho by-laws .remained as they are, the council could not compel the people of . Island Bay to comply with them. Councillor Luke thought the committee had exceeded its authority in instructing the city solicitor without-first , consulting tlie council. Tlio by-law in question wanted remodelling, like many other of the city's by-law-s; Other councillors urged that the caso should go to the higher Court, in ordor to test whether or not the by-law was properly worded. If the caso wont against the council, they ; could then set about altering this and other by-laws of a similar kind. The cost of the appeal, it was urged, would not ho more than the £10 deposited. After a long discussion, it was decidcd, on tho casting vote of the M.ayor, that tho instruction to appeal bo confirmed.