COUNCILLOR RESIGNS.

Dominion, Volume 3, Issue 899, 19 August 1910, Page 5

COUNCILLOR RESIGNS.

MUNICIPAL CONTRACTS, A ABSOLUTION EESENTED. Councillor T. Ballinger has written' ta tho Mayor announcing his intention to: .resign- his seat "on the City Council a» from September 22. The reasons for Councillor Balliugcr's decision are set out in his letter, which is as follows :— Wellington, August 17, 1910. To His Worship the' Mayor, und City Councillors, Wellington.

Dear sirs,—lt is with sincere regret that I feel called upon to notify you that I intend to resign my seat as a City Councillor at the meeting of the council to be held on September 22. My reason for this extreme step' is the fact that tna council declined to accept.a tender sent in by Thomas Uallenger and Company, Limited, on July 28. This tender'was perfectly in. order, and u. legal tender, but it was declined owing to the resolution proposed -by Councillor Atkinson, and passed by tno council on April £ 1910,- as follows:- ■ -

"1. That, in the opinion of this council paragraph (h) of Section 42 of 'Tho Municipal Corporations Act,-1908,' relac ing to the disqualification of councillors, should be amended so that the exception therein contained will read as follows:— 'Other than as a shareholder in an incorporated company, which contains more.' than'twenty members,. and is not a private company, and of which such person is not a director or the general manager, or, the secretary, or in any association or partnership consisting o£ mora than twenty members.' ,

"2. That, pending sneh. alteration m the law, this council should, decline to accept any tender from any comDany in which a councillor is a shareholder, and which does not come within the exception aboYe set out."

. I submit that part 2 of this resolution is overriding tho Act of Parliament, ' which clearly gives the right to limited* liability companies to tender for work and to supply goods. I contend that the ■■• council has no right to override Acts of ' Parliament, and the council recognised this when it decided on the morion ot Councillor-Atkinson, seconded by Councillor Fletcher, to rescind the so-called-illegal motion that was passed by tho' council in favour of the issue of a license to the Banks Meat Ccmpany "on the ; ground that-the grant of such license would be a plain violation of the law." If the Act of Parliament is wrong, I submit that the proper course to take would bo for the- council to ask Parliament to amend same, but I contend that '' the council has no right, legal or otherwise, to pass such a'resolution as it did, . I stated at the time that the .resolution ; was undoi' discussion that I would rot resign, but that I should not stand again for election. However, I now findv tint' tho resolution is affecting our business.to-'*' such an extent* that 1 cannot, In justice, to myself and others, remain in the council. When I was requested in 1905 by ' certain business men in the city to stand for election, I fully considered the posi-'. tion, and explained to the directors' ol my company that my election would not affect our business relations with, the council, for our company' had been for! .many years previously doing considerable business with' the council. ' Wo, had" secured several large contracts, in-.;, eluding annual supplies, long ' before I, was elected a councillor. My company's business is so interwoven' :with the City Council requirements that ' my position is differeut from that of any other councillor. My company ar« agents for various, special articles. that are ohiefly' suitable for municipal use, •and to prove this'l.might mention that we are doing business with'no fifteen borough councils outside the city . of Wellington. ' - Amongst other things chat my company undertakes, is the drainage and sanitary ■ work for tho rater payers, and I am now.informed by the city "solicitor. (Mr.-' O'Shea) that, if my' company's tender was, tlie lowest for any ■ work for a ratepayers who wished to .' have his work done under the council's ' deferred payment system, ; the council' could not accept .our tender unless' the _ > resolution of the council' which debars' Iho acceptance of our tender is rescinded, t truly. regret leaving the council after five years close application to civic affairs, but I am.sure you must all admit .iat. I have no alternative under the circumstances. . '-.

"I remain,' .:■, "Yours faithfully, "THOMAS BALLINGER." In reply to a question put. to him by a Dominion reporter, last evening, Councillor Ballinger stated that he was deferring "his resignation till September 22, because there wore at the present time several important matters waiting to bo dealt. with by ,thq council. These included the revision of the by-laws and the staufling-orders, and matters in con-, nection with the: fire brigade. He wished to allow time for these matters to bo dealt with before he left .flic council. -