EDEN COUNTY COUNCIL.

New Zealand Herald, Volume XVIII, Issue 6097, 2 June 1881, Page 3

EDEN COUNTY COUNCIL.

An adjourned meeting of the Eden County Council was convened td be held last evening at Mr. Stodart's offices, Shortland-street. There were present Mr.' J. Dignan, who, in the absence of the Chairman (Mr. Masefield), was voted to the chair, Messrs. Ireland, Udy, Jenkins, Suiter, and Field. From the minutes it appeared that the previous meeting iiad been adjourned to enable the Chairman to obtain legal advice as to whether a meeting could be held. ■ The Secretary (Mr. Stodart) stated that the 'Chairman" (Mr.Maseficld) had written to the Attor.iey-Geueral asking whether a meeting could be ' held legally when the Act was not in force, and had received the following reply :—

Colonial Secretary's Oflico, Wellington,-New Zealand, 20th May, ISSI. Sir,—l have tho honour to acknowledge the receipt of your letter of the number and the date quoted in tho margin (90,10 th inst.), addressed to the Attorney-General, asking whether in a county where the whole of the Counties Act, 1870, is not in force, special meetings can bo called as provided in clause tvo of tho Amendment Act, 1877, and whether any business other than that of bringing the Act into force could bo legally transacted at such special meetings 1 In reply I am directed to inform you that the Government cannot undertake to give legal opinions to local "bodies, and the rule has been not to do so. I am, however, to refer you to section 12 of the Counties Act. 1870, which does not appear to be affected by the Amending Act of 1877, and to state that the Government is not aware of any question arising on that section ; but that, if the Ceunty Council meots -.vith any difficulty, their legal adviser is tho proper person to apply to.—l am, itc, G. S. Cooper. The Chairman Eden County Council, Auckland. ' ;-

_The_ clause of the Act referred to is as ■follows":—'""The" Councilshall not thereafter hold any meetings or transact any business except for the purposes in this and the 30tli, 54th, 56th, and OSth sections mentioned." The 30th clause provides for the Governor altering boundaries, the 54th for the election o£ a Chairman, tho 56th for 'the resignation of the Chairman, and the 6Sth the annual meeting for the distribution of funds. The business for which the meeting was adjourned was : —(1) To reduce Parnell riding to one member, and increase Grafton Road to two; (2) the advisability of 1-equestiug Government to repeal Counties Act, IS7O, and amendments, and enlarge Highway Districts to grant more extended power to them; (3) circular from Mauawatu County Council.

After tho letter from the Under-Secretary, the Chairman said that from the tenor of that letter it was evident they could not transact any business. Mr. Stodart said the Under-Secretary, Mr. Cooper, stated most positively that clause 12 of the Act of 1576 was not affected by the Amendment Act. The Chairman said that he would have preferred that the permanent Chairman should have been present, but in his absence he would rule that no business could be transacted at this meeting. Mr. Jenkins said section 12 was so clear that he could not see how any. other construction could be put on it. That was the contention which he had raised at the last meeting, and this letter clearly bore out what he then urged. The Amendment Act did not in any way touch this matter at all, and the best thing they could do was to go home. Mr. Ireland said the letter of the UnderSecretary bore out what he contended at last meeting. They had power to call a meeting, but no power to transact business. He did not see, now that they had got this opinion from an official source, that they could do any business whatever. Mr. Field denied that the letter was a legal opinion; in fact, it was a refusal to give a legal opinion, and he suggested that the meeting be adjourned for. a fortnight to permit the Chairman to obtain a legal opinion on the question. Mr. Ireland contended that the meeting had no power to adjourn. This answer had come to them officially, no doubt from the Attorney-General, and had been written in answer to a letter fiom the Cb.arm.an. of the

Council. Mr. Suiter said a portion of the business of the meeting was to pass a resolution in favour of abolishing the Counties Act. Seeing that they had a large representative meeting of Chairmen and members of suburban Highway Boards, he thought they might discuss the matter, and give an expression of opmon. He therefore moved, "That the present meeting adjourn for a fortnight." Mr. Field seconded the motion.

The Chairman said he had already ruled that no business could be transacted at this meeting, and there could, therefore, be no adjournment. Mr. Ireland said he had been a member, chairman, and secretary of Highway Boards for seventeen years—since the Act first came into force. If a meeting of Highway Boards was called at some convenient time to discuss this question of whether they should squash the counties or the Road Boards, he would be happy to attend, but it could not be discussed at this meeting. Mr. Jenkins moved a vote of thanks to tho Chairman, which, was carried, and this concluded the business.