GREY BOROUGH COUNCIL.

Greymouth Evening Star, 10 July 1908, Page 4

GREY BOROUGH COUNCIL.

The ordinary meeting of the Greymouth Borough Council was held last evening when there were present His Worship the Mayor (T. E. Coates Esq), Crs. Sheedy,.. Kettle, Russell, Tennant, Bignell, Kerr, Lynch and Shannahan. A RIGHT-OF-WAY. Messrs Guinness and Kitchingham applied on behalf of Mr Russell and Mr Groom for consent for right-of-way. The Mayor moved that the application be referred to the solicitor. There were certain provisions under the Municipal Act which had to be considered.

Cr. Russell said that in leasing the property to Mr Groom, the other tenent had the same right to the right-of-way. It was only a master of form. Cr. Kerr seconded the motion. Cr. Russell asked who would have to pay the solicitor's account. The Mayor said that the usual course was for the lessee to pay. Cr Russell said the right-of-way was provided for in one deed ; it was simply between two shops. He did not sec why the matter should go to another solicitor, incurring further expense to the lessees. Cr. Kettle asked if the right-of-way was a private one. The Mayor said that lie had not looked at the deed. Mr Lord had told him it was a private right-of-way and that the Registrar would not register it till the Council approved of it. Cr. Tennant upheld the motion. _ If the application had to go to a solicitor it should go to their's. This would be no hardships on the lessees. Cr. Sliccdy held that they should adhere to the strict letter of the law. They should be very careful and get the'roads properly formed. They were not there to represent any individual person but the ratepayers as a whole. He supported the motion. Cr. Russell moved as an amendment that the matter be deferred for a fortnight. Cr. Sheedy did not know the position. Cr. Sheedy.—According to Cr. Russell, I never know any tiling. Cr. Russell, continuing, said that it was a hardship on the lessees to refer it to an outside solicitor. The motion was withdrawn and the amendment substituted as the motion and carried. OENERAL MATTERS.

The Ilim. Secretary to the Atliery benefit applied for refund of rent for Town Hall. The matter was referred to the House Committtee with power to act. Cr. Kettle moved that the Mayor he appointed to represent the Council at the Municipal Conference to he held at Wellington on August 3rd. The Mayor declined and held that Cr. Jackson should ho appointed as he would he in Wellington at the time. Cr. Kerr moved and Cr. Jackson seconded that, as heretofore, Mr Guinness to appointed to represent the Council. —Carried. The Government Printer offered to supply a copy of consolidated statutes at £lO 10s or £l2 12s. The Mayor moved that, no action he taken. —Carried. Mr 11. 1). Low asked the Council to improve Kilgour Road. Cr. Kettle held that they would he justified in spending a few pounds in putting gravel down. He moved that the matter be referred to the Works Committee. Cr. Sheedy seconded the motion which was carried. A petition was received from Cr. Tennant asking that this road be completed and ordered to lie on the table until next meeting. A petition was received per Cr. icle owners asking for a modification of the charges in respect to vehicles etc. The Mayor explained that the owners were liable to a fee of £1 per vehicle. This naturally fell heavily on livery stable keepers etc. He suggested that in the future they adopt the County scheme i.e., that £7 be charged livery" stable proprietors and £5 to carters. The matter will be considered at the next meeting. The Railway Engineer offered to put stone on the road near the new goods shed, if the Borough would do the rolling—Offer accepted. HIGH STREET ASPHALT. Cr. Russell said that in High Street asphalt was being laid across the whole width of the path. He thought that the middle part of the town should receive attention, before the outskirts. The Mayor said that the work was being done in rotation, according to the order it came on the loan schedule. In High Street, the asphalt was being extended from fence to the kirbing which was of heart of red pine. In order to prevent the asphalt being broken up and i7i order to put in gas or water connections, pipes were now being laid for this purpose. The Engineer had suggested the obtaining of a proper roller, to be drawn by a horse, in order to secure a proper foundation for the asphalt.

Cr. Ilussoll said it was a strange thing that these Councillors lived in the neighbourhood. It surprised him that Cr. Bignell had not got the approach to his residence tyled. Cr. Bignell.—Yes something like you and the Recreation Ground. (Laughter). Cr. Lynch said the work was being carried out as the result of a motion proposed by the late Mayor. It was a good job and caused gratification to know that it was being properly laid down, there being an absence of patchwork. Cr. Tonnent endorsed these remarks. They should obtain a proper roller. Cr. Kerr held that other parts of the town should receive attention. Cr. Sheedy objected to red pine being used as kirbing ;ironbark, which would make a permanent job should be used. The Mayor, in reply to Cr. Kerr, said it would be impossible at present to put more men on. WEIGHBRIDGE. In reply to Cr. Sheedy the Engineer said that full particulars of the proposed weighbridge and report thereon would be available at next meeting. FINANCE COMMITTEE. The Finance Committee reported as follows: "(a) We recommend that all the old drainage accounts lie left in the hands of the Mayor and Town Clerk, with power io act.

"(b). That the Town Clerk be instructed to write to the Grey River Argus Company, explaining the matter of the £26 outstanding for rates. "(c). That the Rubbish Contractor be paid for thirty new houses that had been erected this year, at the rate of 5s per bouse, in all £7 10s, n,nd that a fresh contract be tendered for in January, 1909. CEMETERY. The Cemetery Comittee recommended that £l2 be spent in erecting a bathroom at the sexton's cottage.—Agreed to. WORKS COM MITTEE. The Works Committee recommended that the housing of the steam roller waggon bo left in the hands of the engineer.—Agreed to. " TREASURER'S REPORT. The Treasurer reported at length on the financial position, and it was agreed to get the report typed and each councillor supplied with a copy. The matter to bo discussed at next meot-

Tliis report lias already been published in the "Star/' """"abattoir COMMITTEE. The Abattoir Committee recommended that the Council decline the responsibility for the killing of sheep belonging to Navlor and McK.iv. WATER COMMITTEE. The Committee reported as follows: "(a) Secretary Education Board and Dean Carew. Application for remission of water and W.C. rates for the school latrines. (b) Water supplied to laundries, bye-law page 44. "Your Committee recommends :—(a) That meters be fixed at the several schools, and all water used passed through them for one month to ascertain the consumption. (b) That Chinese and other laundries be supplied by meters at Is per 1000 or by agreement at £2 2s per year paid half-yearly in advance.' 1 ' The report was adopted. LIMESTONE FOR STREETS. Cr. Russell moved that the engineer report on the suitability of limestone for road making purposes. He stated that he had tabled the motion to bring up a discussion on the streets. Cr. Lynch seconded. Cr. Kerr suggested that the engineer should report on the Dobson quarry stone. The Mayor suggested that Mr Gillies be asked to report on the roads. Mr Kettle objected to employing outside advice. Mf Lord said lie was not yet c'otivlib ml thjit the Uiiiptitono wns (i f!)il.iir« : The IwtiW WAS ?s|triggi

MR LORD'S APPOINTMENT. Mr Hannan forwarded his opinion on the matter as follows: "The question submitted is as to the architect's claim for fees in connection with the Town Hall contract and as to the Council's liability to pay such foes. "To answer this question as to the architect (Mr Lord holds appointments under the Council) it is necessary to enquire into liis appointments, and as to whether his various offices cover work done as architect. "I have, therefore, searched the records of the Council, viz., minutes, documents, etc., and find flic facts to lie as follows: "In November, 1893, Mr P. W. Lahman, then Town Clerk, died, and on November 29th, 1893, a. special meeting of the Council was held. The minutes relating to this subject are aos follows: "The Mayor moved "That the Council go into committee to deal with the question of fillinjx up the vacancy caused through the death of the Town Clerk.' Seconded by Cr. Hildebrand. Carried. Councillor Sheedy moved 'That applications be called' for the combined offices of Town Clerk, Treasurer, and Surveyor. Salary £250 per year, such officer to give his time to the Council during usual office hours.' Seconded by Cr. Skoghmd, Cr. .I'ovce moved as an amendment, 'That the amount of £250 bo erased and £2OO substituted. Seconded • by Cr. Hildebrand. Negatived. The resolution was then put and carried."

"From the above it will be seen that the duties wero fixed as Town Clerk, Treasurer and Surveyor. Applications were called and on December 14'h, 1893, after considering applications, the following resolution was carried :—- "Applications for of Town Clerk. Treasurer and Surveyor, etc. (combined). Messrs E. T. Lord, W. M. Vowel] and Ernest Wiseman. The Mayor moved, seconded bv Cr. Cloiiffh; 'That Mr Edward Iveagh Lord be appointed by (he Council to fill the office of Town Clerk. Treasurer. Surveyor, Reluming Officer, Rate Collector and Clerk of the Licensing Committee.' Carried unanimously. "This resolution, it will be noted, added the offices of Iteturnino; Officer, Hate Collector and Clerk of the Licensing Committee to those already mentioned. "On July sth, 1900, the following minute r.ppears:— "Clause T recommended that the salary of the Lorough Engineer be increased £l5O per annum during the progress of the work. Adopted. "The next minute relating to the work is on November 22nd, 1900, which reads as follows :

"Councillor Cieseking moved, seconded by Cr. Bignell, 'Hint the Mayor and Cr. Petrie be appointed to affix tlie seal to Mr Kennedy's agreement. Carried. The Mnvor moved, seconded by Cr. Steer, 'ThatMessrs Lord and Warnes receive rimiJar appointments under seal.' Carried. "From the above, it is clear that Mr Lord was on December 14th. 1893, appointed ns Town Clerk. Treasurer. Surveyor. Returning Officer. Rate Collector, and Clerk to the Licensing Committee at a salary of £250 per annum, increased to £4OO as above and in accordance with flic previous resolution of 29th November during usual office hours. "In accordance with the resolution of 22nd November, 1900, above quoted, agreements were prepared and executed for Messrs Kednedy, Lord and Warnes, fixinoi their appointments. "Mr Lord's agreement covers the following offices : —Town Clerk, Treasure!', Borough Surveyor, Building Surveyor, Returning Officer and Fire Inspector. The agreement, it will be noted, includes Building Surveyor (which at the time I thought necessary to include under the by-laws), and also Fire Inspector, which office Mr Lord held, although neither of these offices were included in the original engagement. The office of Rate Collector at this time was held by Mr Warnes and Clerk to the Licensing Committee by the Clerk of the Court.

"Early in 1905 Mr Martin (Wellington) and myself were asked for opinions in reference to Mr Lord's engagement, and, after consideration of tilieso opinions, the following minute appears at page 405, February 25th, 1905: "The .Mayor said the opinion of Messrs .Martin and Hannan showed that the Town Clerk's engagement with the Council amounted to a 'yearly hireing.' These agreements required three months' notice to determine them, such notice to expire with a year of service thereunder. Mr Lord's appointment was dated the 15th day of December, and to fall in with the Solicitor's opinion ne now moved in accordance with notice of motion duly given that ''the engagement of the Town Clerk and Borough Engineer terminate on the 13th day of December, 1905, and that notice be given accordingly.' Seconded by Cr.' Hart. After ' a long debate, the Council divided on the motion. Ayes—The Mayor, Crs. Hart and Joyce. Noes—Cis. Sheedy' I'etrie, Kerr, Bigneil and McLean. Cr. Torment declined to vote. Motion lost. "I have gone rather fully into the facts ti show Mr Lord's engagement, the duties it covered, and,the authority of the Council for the execution of the ' agreement, with him. "It is my opinion beyond doubt that neither the original engagement nor the allowance of £l5O extra cover architect's lervices.

"As a matter of fact the first loan of £4OOO for Town Hall was not carried until July. 1901. or twelve months after the increase of £l5O had been granted. "The contract for the erection of the Town Hall is dated 28th May, 1904, executed by Messrs Petrie and"Sheedy, on behalf of the Council, and by Mr Thomas Hell, contractor. In that 'contract and band Mr E. I. Lord is named as Borough Architect. The various notices necessary under the contract, including particularly the two notices of extension of time for completion, dated respectively May 31st, 1905, and March Ist, 1906, ' are signed "Edward Ivoagh lord, Architect," "I mast a!:o point out that the Council ha-: recognised Mr Lord's right io architect's fees, inasmuch as in November last i' paid him £169 on the Abattoir centre!. "I : ;u, therefore, of opinion that Mr I o;-I :• .re.tiflcd lo claim, and the Council hain't; io pay for services performed as aicluf?et, th-osa services not being within [.'•■ (Cities lie is required io perform under hi-■ cn-agemcnl wit lithe Council. "The amount to be so paid is of course fo: the Council lo consider in the first instance, but if not agreed upon then it would.be for a Court lo fix, having regard tc the services performed and the usual scale allowed." THE DISCUSSION. The Mayor thought that perhaps it would be wise to defer consideration to allow Councillors the opportunity of obtaining a copy of the opinion, in order thai; they might become more fully acquainted with it.

Cr. Kettle moved that (lie question be referred to the Finance Committee for report, and lo consider the solicitor's opinion.

Or. Kovr moved as an amendment thai; no action bo taken. Until a Court of law had decided it, he would not vote fov paying (he amount. It was a well-known fact (hat solicitors differ. In. the advice read to them or advice. In the advice read to them was a statement tiiat the extra £l5O was to continue during such lime as the loans were being prosecuted. .Most of the work thus executed was architectural work and was to be paid for out of the £l5O. "lie honcsfiv believed that c.\ary Councillor sitting at the table at the time, thought (his was to be the case. He referred to other works for which Mr Lord had rot claimed aehitect's fees. He intended at a later stage to ask Mr Lord if he included architect's fees in the esiimatc for the Town Hall. The matter should be taken to Court and there settled. This would relieve them, as guardians of the ratepayers, of any further responsibility for payment of the matter. This was h rowing he onus off them and putting it on to Mr Lord. ]f he was upheld in the Court, then he would be the first to move thai; the account be paid. Cr Bignell seconded the mcion. Cr. Russell seconded (he amendment. There was not the slightest doubt bill that with the evidence before him Mr Ilannan must have given such an opinion. If the matter was fully discussed in a Court of law, something else might turn up. The agreement with Mr Lord was signed by the late Messrs Mathioson and Potrie, who had not apparently fully studied the document. He favored no action being taken and letting Mr Lord brush up against the Council and they would fight it out.

Cr. Shoedy wanted to know why Mr Lord had not put the claim, which came as a surprise to him as well as others, in at an earlier date. If Mr Lord was entitled to it by law, they would have to bow to it! He did think that when the erection of a Town Hall was first mooted, (hat Mr Lord was to do the architectural work under the agreement The Council should be in a far better financial position and Mr Lord should be just to the ratepayers before .being generous to #a Or. Shecdyf would Itavo voted for tt bonus of £IOO but then lit, put *n « plfftm for epeh (in amount,

The Council had stultified its own action by paying architects fees on the Abattoir. Ho (Cr. Sheedy) was not present when that was decided on. It was a surprise to him that Mr Lord had put in the claim after such a lapse of "time. He favored the matter standing over so as to allow of it being settled in an amicable way. If this did not take place he would be one to fight if out in Court where they would ascertain if Mi' Lord and the Borough Solicitor were right. He supported the amendment.

Cr Tennent said that the Finance Committee had done all they could in the matter. For his part he did not think that in equity Mr Lord had a claim. When .Mr Lord was appointed at £4OO per annum, he reckoned it was held that the agreement was to include all work under the loans. The fact that the Council had stopped Mr Young and paid him £SO showed that, the Council feared the architect's fees and dispensed with Mr Young. The amount of (lie architect's fees was not included in the Town Hall loan schedules. Mr Lord was open to go to Court or else let the matter drop. As to the abattoir fees that matter was dealt with in open Council and was not referred to a committee. Cr. Russell was present at these proceedings. He (Cr. Tennent) held that this was an entirely different work' from the rest. Cr. Lynch supported the amendment and reiterated remark's made at the previous meeting. Mr Lord should have made provision for such a large amount in the loan schedules. ML LORD'S STATEMENT.

Mr Lord said he had been in the dominion since 1865. arriving in Hokilika at that time. When it was proposed to erect a town hall there, the engineer who got £350 per annum was not called upon to do architect's work but an outsider was employed. In other parts of the dominion the engineer was not forced to perforin architects work. For instance at Wellington competitive designs were called for and one at £43,000 was accepted. The building eventually cost £BO,OOO and the Council had io pay fees on that amount. Other places, notably Invercargill and Wangnnui, did not expect their engineer to do architect's work. It was not reasonable to expect such ; if was not conceivable (hat anv councillor would. If Cr. Russell sold a sheen, ho would not give away a bullock with if. The old Council had lead him to believe that he would dot his fees. lie did not wont to get these piecemeal but. as was the case with all other jobs he had undertaken, he wanted to see the work finished and then to have a (dean op. : The reason for delay was that he could not get Mr 801 lto put in his final account. This was only done last month, when the dual certificate was given. He. therefore, could not do any more to get the claim in earlier. The late C\: Thomas had moved and Cv. Bignell had seconded that the question of fees be referred to the Works Committee. Cr. Lynch had asked whv the Committee had not reportal . lie (Mr Lord) could say that the Committee continually put the matter off, saying "Oh. let it go, there is a scale of charges. Let it remain." Cr. Lynch knew as well as he did that some matters often " died " in commitee. His was an honorable claim and not one in

which a number of witnesses were required to prove it. On the foundation stone was the inscription

"E. I. Lord. Architect." It was totally unjust to attempt to deprive him of his fees. His brain was worthy of hire/ If. was not right to cut him down and force him into, law against his own Council in order to obtain that which be had justly earned and won. They should not take notice of quibbles and newspaper scraps. Some people had had a knife info him for years. In regard to the Eand Rotunda, the whole cost of that structure was not borne by the Borough Council, but to it the Druid's contributed £75 for the Trooper Martin Memorial, the Government gave a subsidy of £2OO, while the County and Harbor Board also made donations to the cost which totalled £2OO. He did not charge architect's fees as lie looked on the work as a memorial to Trooper Martin and intended to commemorate the visit of the Duke of York. It might be in the wrong place but (hen it was, by vote of the ratepayers, erected in Boundary Street. lie still held that it was as good a piece of work as could bo got. For many years he had acted as honorable secretary to several different commit tee's. Cr. Tennent was wrong in regard to the late Mr Young who he originally took in with him at the suggestion of the late Messrs i'etrie and Mathieson. At a later date Cr. Sheedy had moved that competitive designs be called for £IOO and fees allowed. This was carried but subsequently rescinded and he was instructed to draw up plans for the work. This lie did and they were accepted and the hall erected.'He asked them then if they were putting him in a fair position. He was only claiming what was due to him in equity and in law. The work be was doing was eo.ua] to Town Clerk £3OO, Engineer £250. Treasurer £52, Returning Officer £lO. Secretary to the Fire Brigade £2O and Secretary to the Cemetery Committee £lO or £642 per annum'. He had made the estimate low. When he was first appointed bis salary was £250 and he made £4OO by private practice. The revenue of the Boroiurh had increased from £3,6000 to £20.000 since he took office. It was wrong fo have him slaving for nothing. The agreement he had was only worth an ordinary resolution and if they wanted to clear it all they had to do was to appoint a committee to draw up another agreement and he would then throw his present one into (lie (ire. He would insist, however, in getting the document properly sealed in the ' future, as he had found fo his cost that councils died. Tt was a matter of "You don't know Joseph," and "Joseph don't know vou." Tie was sorry that the Councillors did not recognise his claim and he would lake steps to establish it. The ratepayers were not cruel, and would nor donv him that: which lie was honestly and fairly entitled to. FURTHER DISCUSSION.

C\: Russell slated that Mr Lord had put up a good defence in eloquent language, lie did not think that Mr Lord was right The Mayor said that Or. Rossoll had spoken previously and couid only ask a quest ion or make a personal explanation. Cr. Kussell said he had a question lo ask but proceeded to address the meeting, when Ihe Mayor insisted on his ruling being observed. Cr.'Kerr.—Surely Mr Mayor you will allow Mr Lord's statements to'ho criticised. The Mayor.—You can male a porsoacl explanation or ask a ipiosliou. <V. Kerr.—T think v<>u are curtailing the powers of Councillors. The Mayor.—l do not wish to gag any councillor. i'y. Bignell.—You arc quite right Mr Mayor and Cr. Kerr knows it. Cr. Ilussoll asked if Mr Lord bad no; taken the architect's work would (fitborough affairs have not been in such a muddle. Mr Lord said he had always worked not only in his ollice hours but on Sundays in order lo keep pace with his work. The staff were now working overtime, and if it was to continue he would object. .lie would never let any clerks do what Mr AVarnes ami himself had done, lie had been a fool to do so much as he got no thanks for

The amendment was carried—Ayes Crs. Kerr, Tcnuent, Lynch, Russell and Sheedy. Noes—The Mayor, Crs. Bignell, Kettle and Shannahan. The Mayor said he had not (he slightest objection to vole. A man was worthy of his hiring. Mr Lord asked that consideration be postponed until a full meeting. At present (hey were, forcing him into law when one Councillor was absent. Cr. Shannahan (hen moved and Cr. Bignell seconded a further amendment that consideration be deferred (ill .next meeting when Ci: Jackson would be present. This would bo only fair. It would give Cr. Jackson an opportunity to record his vote and form a full expression of opinion on (he matter. Cr. Sheedy opposed' the amendment as also did Crs. Kerr and Russell. The amendment was lost—Ayes Crs Bignell, Kettle and the Mayor. Noes— Crs. Kerr, Tennent, Lynch, Russell and Sheedy.

Cr. Bignell moved a further amendment that consideration he deferred till a full meeting . Cr. Shannahan seconded, contending that tlioy should have a full;meeting in order to let ever? Councillor record bts vote and tnk'o the responsibility. Uih Hmm\\ mid it. wis Ntmplv «

move to upset the motion carried there that night. It was wrong to propose amendments. Cr. Bignell.—l have other amendments. Cr. Kerr did not think that they should accede to the adjournment. The opposition had been beaten and they should accept it. Surely they did not, want to buy Air Jackson over. The Mayor.—l. ask you to be careful in such statements.

Cr. Kerr said he did not think Cr. Jackson could be bought, over. lie had voted for no action being taken at last meeting. The Mayor said a workman was worthy of his hire. They had their solicitor's advice and it was no good running against a stone woll. The amendment was lost,, the division being flic same as before. Cr. Shannahan moved as an amendment that an outside legal opinion be obtained. livery man hail a, right to his opinion and Crs. Russell and Kerr were not almighty tiods. If Ibe ease went to law if would cost £IOOO and then the ratepayers would sec what great, men Crs. Kerr and Russell were. Cr. Bignell seconded. lie could not conceive! of the action of the Councillors who were doing Mr herd out (if his just dues. Mr Sheedy knew as well as he did that the arrangement was that Mr Lord should be paid. Mr Lord had a claim and should not, be slow ti prosecute it. Let if go to law and they would have to pay. They had by paying fees on the Abattoirs stultified their own action. Cr Kerr's remark that he would be the first to move for payment if the Court decided in favor of Mr Lord was absurd, it would be no thanks to him.

The amendment was put ami lost on division. For f'rs. Bignell, Kettle, Sliannahan. Against—Crs. Kerr, Tcnnout, Lyncli, .Russell ami Sheedy. The Mayor voted against the motion. as lie had not the slightest doubt lull (hat Mr Martin's opinion wnu'd lie the same as that (.riven by Mr TTannan. C,r. Shannan moved a further amendment that Air Lord he offered £350 in full settlement of his claim. They were there to protect the ratepayer's interest and if they got, out of it for £350 if would he vovy cheap. A law court action would involve them in £IOOO. In moving his motion he was studying the interests of the ratepayers quite as much as Crs. Russell and Kerr, seeing that he was trying to settle the matter amicably, i.u order to avoid a very expensive legal action. Cr Bignell seconded. The amendment was lost on division. For—Crs Bignell and Sliannahan, and the Mayor. Against—Crs Kerr, Tennant, Lynch, Russell, Kettle and Sheedy. The Mayor voted for the proposition as he held thev would be lucky to get out of it for £350. The motion to take no action was then carried. For— Crs Kerr, Tennant, Lynch, Russell, and Sheedy. Against—Crs Bignell,Kettle, Sliannahan, and the Mayor. The Council adjourned at 10.30 p.m.