Kawhia County Council.

Kawhia Settler and Raglan Advertiser, Volume IV, Issue 244, 26 January 1906, Page 2

Kawhia County Council.

SPECIAL MEETING. MR M'OARDLE CHAIRMAN. A special meetiug of the above was held on Friday last, when there were present —Or? H. Armstrong, W. Sbaw, G. G. Jonathan, A. W. Babbig*, W. W. M Ctrdld, A. N. Norton. The meeting was called to discuss tbe question of the chairman and clerk. The acting cle.’k, Mr Whitcombe, read the letter he bad sent to Mr Martin of Auckland, and the legal opinion as follows : Iu our opinion the intention of the Act is that the offioo of Chairman should beheld by lhe same individual (iu the absence of resignation death, &c. )for the period of one year Land in ordinary cases thia object is attained by tbe election of a Chairman taking place at the Annual Meeting in each year. In the same way Councillors are in tended —to hold office for three years. The law recognises, however, that there may be a broken period owing to a county coming within the provisions of the Aet and its administrative machinery seme months prior to November. To meet thia state of facts, section 94 provides for councillors holding office for the complete period plus tuo broken period; and section 78 provides for tbe chairman holding office for the period of one year plus the broken period, by saying that the ‘ chairman shall be elected at the councillors’ first meeting and thereafter at t! e annual meeting iu every succeeding .year.’ In our opinion, theralite, Mr M‘Cardle holdg office as chairman until the annual meeting in Noy.2m.»3r, 1906. With regard to the meeting an February Sih : As Messrs M'Cardle end Sbaw both left the room neither of them could ba said to be present at the meeting, and the councillors were therefore justified in electing a chairman to preside over that meeting. So with regard to the meeting on 220 d November, 1905, Mr M'Cardle not being present, the action of the councillors in electing Mr Shaw was justified so far as his presidency of that meeting was concerned. The only thing that appears to ns to have been irregular was tbe reading of the minutes on Januery Bh. These minutes can, however, be re read, adopted and confirmed at the next meeting of the council. The above is oar opinion, viz., that Mr M’Catdle is chairman of the council; but we acknowledge that the matter is open to argument, owing to tbe different verbiage in sections 78 and 94. It is hard to assign a reason why an election is to tike place when councillors have been appointed say nine months before tha_ annual meeting, and yet it is not necessary, if our view is correct, to re-appoint the chairman at tbe annual meeting. We suggest that a very simple way of settling tbe matter bey md all doubt is for both the gentlemen referred to to jresign their positions as chairman, and let the council re-elect a chairman under section 80. The new chairman and council'could then by resolution ratify and adopt whatever had been done under the presidency of Mr Shaw.” Mr M‘Cardie said that as ho was chairman he would take the chair, which he did. “A-? there had been smao mistake in the appointment of the county clerk, Cr Armstrong moved, and Cr Babbage seconded, “ That Mr K. Newton be appointed jcierk 'and rate collector, to tbe council at a salary of £55 per annum, to take over the books on Saturday 27th, at 9 a m.”—Carried. This concluded the business and. the meeting then adjourned.