WHO IS CHAIRMAN ?

New Zealand Herald, Volume XLVIII, Issue 14808, 11 October 1911, Page 8

WHO IS CHAIRMAN ?

THE HOSPITAL BOARD PUZZLE LEGAL OPINION OBTAINED. MR. MACKAY'S VIEWS UPHELD.

Now that the whole Hospital Board sits as a Hospital • Committee, a question has arisen as to who shall preside at the meetings of the committee—Mr. P. M. Maokay, chairman of the Board, or Mr. M. J. Coyle, chairman of the former Hospital Committee. The subject was, again discussed at last evening's meeting of the Board.

Messrs. Hesketh and Richmond, solicitors, in a legal opinion, stated that the Board had, strictly speaking, no power to appoint as a Hospital Committee the individual members of the Board. To make such an appointment would be to practically appoint itself, and it was quite clear that no board had power to delegate anthority to itself. But the Board might very properly direct that the whole Board should act as a Hospital Committee, and this was in their opinion the effect of the resolution of September 26, 1911, and they advised that it was effective in law. They added that inasmuch as the committee of the whole Board was to all intents and purposes the Board itself, the chairman of such committee must be and was the chairman of the Board. "The appointment of a Hospital Committee on April 1, 1910 was impliedly rescinded by the resolution of September 26, 1911, and the whole Board, then so appointed, took the place of the former Hospital Committee," continued the solicitors' opinion. "It may be that it would have been more satisfactory if the Board by resolution had expressly rescinded the appointment of April 1, 1910. The quorum of the Board sitting as a committee must be that specified in the Act of 1909a majority of the of the board for the time being. There was no power to fix, as the resolution of September 26, 1911, purposed to do, the quorum at five."

Mr. Coyle said he took it that the solicitors had a doubt about it. Mr. Mackay: They have no doubt about it.

Mr. Coyle said he had been told by his own solicitor that his view was correct. There were two courses he could takemake his protest on the minutes, or take the question to the Supreme Court. He did not wish to follow the latter course, and, therefore, he simply made his protest that the proceedings were irregular. At the last meeting of the Hospital Committee, Mr. Mackay had declared out of order a motion moved by Mr. Rutherford, and seconded by Mr. Dickson, postponing the meeting. Why was that motion ruled out of order? Mr. Coyle said he would say no more for the present; more might be heard of the matter later on.

Mr. Mackay: You can have your protest noted.

Mr. J. S. Dickson: Why did you object to the resolution? Mr. Mackay: It was an obstruction; your resolution would in effect have done away with the work we were there to perform. ■' :V '''. : •" " : ' '' ' ; -

Mr. Dickson: The resolution was perfectly in order, and it was the duty of any chairman to take it. Mr. Rutherford explained that he had left the room because he considered that the chairman had acted in an arbitrary manner.

, Mr. Mackay said that a chairman was often put in a position when he had-to conduct the business of the meeting. Mr. Coyle was at liberty to protest. "And if ho is anxious," continued the chairman, "for a Departmental' inquiry, I am not afraid of it. I would not, be the party that would be surprised; , The solicitor's opinion is conclusive and convincing." Mr. Coyle rose again to give another explanation. "Let it drop," suggested Mr. Nerheny. The suggestion was adopted.