Mixed Up.

Gisborne Standard and Cook County Gazette, Volume II, Issue 254, 31 January 1889, Page 3

Mixed Up.

WHOSE INNINGS IS IT?—THE UMPIRE DECIDES. A peculiar point arose just before the Harbor Board meeting commenced on Tuesday night. Before the day of nomination for new members the Secretary had despatched the usual business circular to Members Dickson and Gannon ; after the nominations, when Messrs Bennett and Shelton had been declared members, the Secretary also sent the usual business note to those gentlemen. The result was that all four put in an appearance. Messrs Dickson and Gannon took their usual seats and Messrs Bennett and Shelton sat in the visitors’ place. Mr Gannon called the Chairman’s attention to the matter—he had come in response to the circular, and was under the impression that the new members did not take their seats until the next meeting. Mr Dickson: We are elected for two years —it was some time in the month of February the election took place. The Chairman : No doubt.

Mr Gannon : It is really ,a legal question, I am sure the Chairman is quite satisfied we are not going to contest the thing—the point is, are we legally entitled to be here or not ?

The Chairman: I think not. Mr Gannon: Whether members are legally elected for two years or not ? The Chairman: The 42ud clause is conclusive, It reads— ‘ Evary member of the Board shall come into office on the day of his election or appointment, and shall cease to hold office on the day bis successor comes into office.” Mr Gannon : That ia vague. Supposing a member resigned shortly alter being elected ? The Chairman : That would lead to. an extraordinary vacancy ; if only ona nomination were received the nominee would be declared elected—if more than one a poll would have to lake place. Mr Gannon again dwelt on the point that they had been elected for two years. The Chairman: Then do you contend — Mr Gannon: I don't like to contend anything ; I am simply here on these grounds, that if elected for two years I am entitled to be here for that period, I should be here now. Home matter may come up to-night on which I should give my vote, and the new members may not be entitled to vote on it. The Chairman: Your contention is that the Returning Officer has wrongfully declared two vacancies ? Mr Gannon : No

The Chairman: He must have done it either properly or improperly. Mr Gannon thought the Returning Officer would have been capable of declaring the persons nominated as their successors. The Chairman said every member came into office on the day of his appointment. Mr Gannon said they could not have more than a certain number of members. The Returning Officer could say that someone should take his (Mr Gannon's) seat when he retired.

The Chairman eaid it was not what the Returning Officer said—it was what the law says. The new members were entitled to a seat directly they were elected. Mr Gannon read the 32nd section of the Harbors Act—“ The elective members of all Harbor Boards shall hold office for two years from the date of the biennial election, and on the second Monday in the month of February in every alternate year there shall be an election of the two elective members of the Board, and subject to the Act and the special Act, all persons who were previously members of the Board shall be eligible tor re-election.” Mr Matthewson said the question was whether the general Act overrode the special Act.

The Secretary: All elections under the Harbor Act have to be taken under the Local Elections Act—the Beturning Officer is bound to go ob that. After further discussion on the point, the Chairman asked why the Returning Officer had taken the precise date he had. The Secretary said the Act required that a certain notice should be given before the nominations and election, and there being only a sufficient number of nominations no election was required. Mr Dickson said he was sorry the hitch had taken place. He would not have been there only he had received notice. He had thought it strange when he came into the room to see Messrs Bennett and Shelton there, but he did not know but they might have come as i visitors, and was only aware of the state of things when the point cropped up. He felt proud to hand over his seat to either one of those gentlemen—it would be safe in either of their hands. Only one thing he would add, and that was he hoped the new members would act as consistently as he had dene for the ratepayers, and go in for reversing the present order of things, and for having things done cheaper. He had observed that Mr Bennett had adopted the same view as himself with regard to the cement contract. If he (Mr Bennett) could by his business tact and capacity, dnva a little further into deep water, he hoped he would do so. He hoped that both members, as business men, would take a business view of things, and try to have things done as cheap and fairly as he had always tried.

Mr Gannon again referred to the point as to whether they were right in leaving, seeing they had not completed two years. The Secretary said the Act required the election should take place on the second

Monday in February, Mr Dickson said there had been Bo election—only nominations. The Secretary said in that case nomination meant election. In reply to Mr Dickson, the Secretary said the election would ordinarily have taken place on the 19th February. The Act provided that there never should fee vacancies. . Mr Gannon cited the case of the Mayor, : who did not take office, though elected, until his predecessor’s term had expired. The Secretary stated that was the only ex. eeptipn specially laid down in the law. The occurrence to which they were then referring I bed happened on several occasions in oonnecI tion with the Borough Council, and the same course had been followed, I Tbs Chairman: At any rate there is no I necessity for me to decide tl,e question, for in I any case there is no quorum present. If I I allow Messrs Gannon and Dickson to take I their seats there would be no quorum ; if I I .allow Messrs Bennett and Shelton, the position will be the same. What I should nave decided would have been that the Beturning I Officer had declared Messrs Bennett and Shelton members on the day of nomination. Whether be prematurely declared vacancies lip bis business. At any rate he declared vacancies, and as no more than a sufficient I number of nominations were made, under the thirteenth Notion of the Act tbs nominees i wen duly declared elected. The Motion I reads—

“ It the number of candidates does not exceed the number of vacancies to be filled, the Returning Officer shall, at the place and on the day so appointed, publicly declare such candidate or candidates to be duly elected to the office or offices to be filled at the election then being held," Just at this point (7.55) Mr Chambers walked in, apparently surprised at the humorous turn which bis entrance had given to th* proceedings, I The Chairman then said he would decide that the Returning Officer having declared two now members duly elected, the previous members ceased to hold office, and the newly elected ones took their seats. Mr Dickson: That is your ruling ? The Chairman : Yes, I Mr Dickson: Well, I bow to it. I Mr Gannon: Well, I don’t—or rather I bow to it, but I contend that we are abated I "rheWarman said be bed no alternative, I MsSSmTiBwSIHI wrir BW* 1 $

two years. With all deference to the Chairman he wished to make a motion. The Chairman: I must decline to receive it; I can no longer treat you as a member of the Board.

Mr Gannon: Have you any objection to that being placed on (record ? The Chairman: Not the least. Mr Gannon : I think, sir, you have exercised a wonderful lot of discretion. Before the old members retired from the room the Chairman expressed his regret at having to part with them, and thanked them for the gentlemanly manner in which the business had always been conducted. Mr Gannon replied, and expressed a hope that the Chairman’would not think any contention he had raised was done in a wrong spirit—he had simply been in doubt as to which was rhe proper course, and would not have been there that evening had he hot rewived the notice.