MUNICIPAL LAW

Evening Star, Issue 14511, 1 November 1910, Page 7

MUNICIPAL LAW

AN INTERESTING DEBATE. [From Oto Parmajuwtarx Reporter.! WELLINGTON, November 1. The Municipal Corporations Amendment H'll was con£sK*erc<l in committee night, tho Hon. D. Buddo being in charge. In clause 6. defining those who shall have tho right te> Dt&nd for election to a municipality, the Minister moved an addition to bar a director or general manager of a comP °a£ Willord suggested a proviso that the section should not apply to the insertion of corporation advertise merits tn papers in which a mayor or councillor was ntercsted. Mr Luke failed to see why a newspaper proprietor should have more privileges than a director of an engineering or any other firm. For his own part he had never known a member of a city council act otherwise than in the public interest. Mr J. Allen said this proposal of the Minister would prevent some of the bestfitted men ’n the cities and towns being members of municipal bodies. It simply meant that a shareholder of a company could be a mayor or councillor, and a director could not be objected to, the people being so limited in their choice of members. This was not a question of who could tender, but of who could be elected. Tho Minister, replying to these and further criticisms, said the disability did not apply to casual work by a firm, but only those firms having contracts for supplies already entered into. There was nothing in the Bill to prevent newspapers getting advertisements. If the trouble that has arisen during tho past year or so was to be settled the Committee should pass the amendment that he proposed, and if, he added, his clause was carried ho proposed to exempt newspapers. Advertisements had to be inserted in newspapers, and he thought that such an exemption would be only reasonable. Mr Allen again contended that tho full extent of the Minister's proposal had not been disclosed. It would, he urged, not only prevent the director and general manager of a Company doing business with the corporation being elected mayor or councillor, but would prevent such person sitting on the council if his firm secured a contract after he had taken his seat. After further debate on tho same lines the Minister’s amendment was carried by 41 to 19. Considerable discussion took place on clause 10, relating to overdrafts, it being contended that tho limitation proposed by the Bill would mean that, in tho four centres particular!.!-, tho municipalities would not be allowed to work on overdraft, but would have to raise permanent loans. The Minister intimated that the proposal in the Bill was intended to prevent tho funding of overdrafts—the raising of subsequent overdrafts beyond the limits contemplated by the original Act. Ho held that the overdraft should be limited to an amount which could be provided by ono year’s rates. Mr W. Fraser said his conception of past legislation was that a corporation could only borrow- once to pay off an overdraft. They ought to legislate to prevent municipalities which had borrowed to pay off an overdraft again getting into a similar position.

Mr Myers suggested that a small committee of members conversant with local government should be set up to consider various controversial points that had been raised. Local bodies should have reasonable latitude V working on overdraft.* Mr Allen contended that the effect of the amendment would be to put all local bodies on the same basis, whether they desired to get an overdraft or not. He was against the amendment. Ho believed it would be better to leave the law as it stood now. The Minister said that under the present law local bodies could go on autl on funding and funding again, borrowing on overdraft at 6 per cent., and it was desirable to keep the local bodies within reasonable limits in borrowing without the sanction of ratepayers. Mr Wilford instanced the case of the Wellington Corporation, with a revenue of £130,000. Assuming that the income for a particular year had been raised, and the City Council desired to raise £5,000 on overdraft (in anticipation oi the next year's revenue) for the purposes of a fever hospital, it would 1)0 debarred In- the proposed amendment. This stipulation would be considered absurd in private business. The Minister’s proposal for restriction of the overdrafting was defeated bv 31 votes to 28. On clause 16, regarding the validity of contracts exceeding £2O, Mr Wil'fotd moved an amendment intended to safeguard local bodies against the invalidation of contracts on a mere technicality, such as the omission of a council's seal after the contract had been duly signed. The motion was agreed to on the voices. In clause 20 Mr Smith moved an amendment to give power to a council to join with the Government in providing Jui overhead bridge as well as a subway 5 as provided by the Bill. This was agreed to oq the voices. At_ clause 25, dealing .with the illegal erection of dwelling-houses, Mr Wilford moved an _ amendment by which proceedings for illegal erection must be taken within twelve months. The Minister said he would accept two years, and this was agreed to. home discussion took place on clause 24, which prohibited pmture shows on Good Friday or Christmas Day if the council thought fit to eo prohibit.’ Ihe Minister thought that the matter should be'left in the hands of the council. —The clause was retained by 37 to 25. Ihe Minister moved a new clause permitting the use of voting machines at municipal elections. This, he said, was a permissive clause, and would give local bodies the opportunity to educate the public.—The danse was agreed to. The Minister moved another new clause / providing that no member of a council may rule on a question in which he is pecuniarily interested when ho is a member of a corporatecl company in which (hero tire more than twenty members, and of which ho is neither the director nor the general manager. The proposal was agreed to without debate. Mr Craigie moved the inclusion of a very lengthy new clause providing that what is known as the betterment principle at present operating in Wellington, Christchurch, Oaraaru, and Masterton should bo made applicable to other boroughs in New Zealand.—Mr Massey urged that the now clause should bo voluntary, not compulsory.—Mr Luke remarked' that the regulations embodying the betterment principle has been of little use in Wellington —Mr Fraser objected strongly to any attempt to force every borough to adopt ( snch a principle.—Mr Myers supported the amendment, and said that in Auckland, where the Council had widened Lome street at great expense, the properties concerned had benefited to the extent of 25 per cent.—Mr Malcolm ; How can you prove that ?—Mr Myers: The increase in the valuations prove it.—The new clause was read a second time by 40 votes to 22, and it was eventually added to the Bill. Mr Wilford moved that there be a general hour for closing of municipal polls—- „ viz., 7 p.m.—The Minister moved as an amendment that the Governor might appoint 6 p.m. in certain cases—Mr Wil- . ford’s amendment was agreed to on the ' voices.

Another proposal by Mr Wilford regarded the appointment of a deputy mayor, who should have all the powers of a mayor when acting in cases of emer«ency. The reason given for the prowas that the existing Act is not da Bee was agreed A proposal to give the Council power to license refreshment rooms was carried on the voices; and the proposal to enable ths Council to impose a license fee not exceeding £5 on itinerant traders led the Minister to declare that this meant the end of the hawker. The proposal according to one member was not so much against the hawker as against the person who buys bankrupt stock and goes into the country towns and competes unfairly with the legitimate trader, who depends - <m the tom) for his living.—Alter am*.

erdarable debate the clause was. adopted by 40 to 16. . A proviso was added that tho clause should not apply to hawkers or pedlars. MAKING THE GOVERNMENT AMENABLE. progresTreported. The discussion on tho Bill came te a rudden stop just before two o clock this morning, when, by 34 to 21, the Committee decided that Government should be subject to. tho municipal by-laws concerning the erection, maintenance, repair, or re-erection of buildings, and the drainage or sanitation thereof. ~ The Minister in charge (Mr Buddo) at once moved to report progress, which tho House gladly agreed to.