THE CAWTHRON TRUST

Evening Post, Volume CVIII, Issue 64, 12 September 1924, Page 11

THE CAWTHRON TRUST

AMENDED BILL PASSED

APPROVAL IN LEGISLATIVE COUNCIL.

The Thomas Cawthron Trust .Bill was passed by the Legislative Council yesterday afternoon with only "one dissentient voice.. The effect of the amendments made by the special Committee was explained by .the Leader of the Council (Sir Francis Bell). The Committee had altered the Bill to provide what he considered was essential—that the present legal position should not be disturbed. The new Clause 3 allowed those persons who were trustees at the moment to disappear by death, resignation, or j departure from Nelson, and none was to be appointed in their place. When any of the members holding office in their personal capacity died, resigned, or left the district, the vacancies would bo filled by the Governor-General. If the Bill did not pass, the gentlemen who j vyere trustees at present would continue to be trustees, but if it was passed as proposed it would provide for the constitution of the trust without disturbing the legal right of those now'iolding their position on the board. He hoped the Council would accept the recommendations of the Committee, and that the amendments would give general satisfaction. He could accept' no amendment which would threaten the legal right of those now holding office. He was of opinion that the Committee had found the r best method of disposing of the difficulty that had arisen. In conclusion, Sir Brands pointed out that never, so far as he knew, had the Council interfered with an existing legal right without some substantial reason being given, to justify it. . THE SOLE OBJECTOR. The Hon. W. H. M'lntyre said ha regretted that apparently there was to be no opposition to the Bill, which was practically the same as it was before it went to the Committee. disagreed with the work of the Committee. He maintained that all the positions 6n the board with the exception of that of Mr. Bout wei-e merely offices, and that if the gentlemen concerned had been really public-spirited men they would relinquish their position as "soon as they relinquished their public office. Th'o" Bill defeated the object of the will. Legal authorities were quite satisfied that Mr. Cawthron intended that the trustees should hold office only for the time being. _ The Bill would prevent that*intention" being given, effect to for a lifetime. It would be a reasonable thing lor the Council to say that the members shpuld retain office, for the period tor which the Governor-General : had power to appoint them. If he found they were fit and proper persons to hold office he might then re-appoint them. It was possible''that'us they grew older some of the'members would become non compos mentis, yet they could continue in office. He argued that tho Government should always retain the right to re-fill a position in such a caso. or in the event of inefficiency. The Council itself .had expressed the opinion that no life appointments should be made. lii other respects he considered the . Bill was a good one, but he anticipated that the particular clause he was criticising would be amended in the House of .Representatives., If the Leader of the Council would accept an amendment to the effect that the present. trustees should hold office for a term of three years, with the right of reappointment, more than justice would be done to" them, and tho people of Nelson- would be. satisfied. The.. present trustees would continue as a. majority of the board until''they died. ' REMUNERATION OF BOARD. The Hon. G. J. Garland said that the Committee could not very well have displaced the present trustees. If it had not been for the last clause in the Bill, relating to the remuneration of the board, there would not been all the trouble that had occurred. The Hon. /W. W. Snodgrass congratulated the Committee on its solution of the difficulty. The legal opini ions secured were that the men named m the will should retain office as trustees. The objection that the personal tiustees would be subject to being overridden had been effectively removed. He hoped the administration of the trust would be improved by the operation of the Bill. •*' The Hon. W. Earnshaw said he be- [ lieved the testator had the office and not the individual in mind when he framed his will. (Hear, hear.) The addition of the persons to be. appointed by the Government would give further strength to the trust. The .only thing he objected to was that when the present bishop retired and his successor assumed office 'there would be' two I bishops-on -the board. Sir Frances 801 l pointe:! out that tho retiring bishop would probably leavo the district, in which case he could no longer remain on the board. Mr. Earnshaw' said that disposed •of his objection. The Bill was put through its final stages and passed, the only dissentient ; voice being that of the Hon. M'lntyre; The Council adjourned at 3.35 p.m. until 2.30 p.m..; to-day, after passing the "War Funds Amendment Bill. °