TE ARO RECLAMATION FIASCO IN A NUTSHELL.

New Zealand Mail, Issue 606, 15 September 1883, Page 8

TE ARO RECLAMATION FIASCO IN A NUTSHELL.

Touching the City Solicitor’s part in the transaction, it appears that, to save expense, the work of preparing contrac’s is entrusted to the City Engineer. It was that officer who prepared the McGrath contract, and the City Solicitor did not see it until he was instructed to prepare the notices to be served on McGrath after the latter’s bankruptcy. The solicitor merely drafted the notices, the serving of them was left to Corporation officers. We are assured that he has more than once protested against a mere layman being entrusted with the preparation of contracts, but without effect. Stripped of all useless matter, and freed from a cloud of words, we present the following as the kernel of the matter : On the 20th May, His Worship the Mayor in the chair, and line Councillors present, Councillor A. W. Brown moved, and Councillor Miller seconded, that the “notice as drafted by the City Solicitor should be forwarded to the sureties.” This was carried unanimously. At the next meeting, His Worship (in the chair) signed that these minutes, were correct. The Councillors went away satisfied that all was right. On 3rd September, Mr Travers finds that this notice has been altered by the Mayor. On the 4th September, His Worship, forgetful of the resolution passed on the 29th May, and certified as being correct by himself, penned this letter to the City Solicitor: — “ alteration in the form, of notice was made by direction of the Council at a meeting held on the 29th May, and against the advice of His Worship the Mayor, who objected to any alteration in the form of the notice.” At a meeting of the Council on the morning of the sth September, the eleven Councillors present carried unanimously this motion, “That it is the opinion of the Committee that the Mayor did alter the notice after the passing of a resolution on the 29th May. On the 4th September, His Worship, forgetful of his letter to the City Solicitor, saying that the Council forced him to do it, wrote a letter to the Post, saying that two or three members urged him to alter it. At the meeting on the sth September, the whole of the Councillors got up, and one by one denied that they urged the Mayor to do so. SUMMARY. The Mayor says : The Council forced me to do this. The Councillors reply: We passed a resolution saying no one was to touch the draft, and you, as Chairman, was present. A fortnight later you signed these minutes as correct. On the sth September the Councillors passed a resolution that the Mayor had altered the notice after they had passed a resolution that the draft should not be touched.

Lest there should be any doubt left as to the meaning of the alteration made by the Mayor, we give a copy of the draft prepared by Mr Travers, showing the words erased and those substituted. The eratu-e is in brackets, and the substitution in italics : “To Mr P. McGrath,—l hereby give you notice that it is the intention of the City Council forthwith to take possession of the works mentioned in your contract with them of the 23th day of October, 1882,. and to [sublet the same in terms of subsection B of section 18 of the general conditions attached thereto], take steps to ensure the due completion of the contract, and that thty will also forchwith take possession of all materials, plant, and machinery which, on the day on which you executed an assignment for benefit of your creditors, were in, pear, or upon the works, for the purpose of being employed in and about the same. As witntss my hand, this day of , ISSS.” The draft was forwarded by Mr Travers with the following memorandum : “ Thiß notice should be given at once to Mr McGrath, and copies sent to the Trustees under the deed, and a letter cautioning them against dealing with the cement in any way inconsistent with the rights of the Council.”

We have been requested to publish the following correspondence : “His Worship the Mayor of Wellington. “ 7th September, 1883. “ You having called upon us to inform you whether the statement in the New Zealand Times of this date is correct —viz.': ‘ It appears that to save expense, the work of preparing contracts is entrusted to the City Engineer. It was that officer who prepared the McGrath contract, and the City Solicitor did not see it until he was instructed to prepare the notices to be served on McGrath after the latter’s bankruptcy,’ we beg to refer you to the annexed copies of sundry correspondence with the City Solicitor on the subject, which speak for themselves. “ Charles C. Graham, “Town Clerk. “ J. D. Baibd, “ City Surveyor.” “ The City Solicitor, Wellington. “ No. 112. 14th January, 1880. “ Re Contract F< rtris. “ Herewith I send you copies of the printed forms made use of in the City Surveyor’s department in making out contracts for all Corporation work. Will you be so good as revise same, and advise me whether they are sufficient for the purpose, more particularly in the way of holding the contractor responsible to the Corporation for any loss or damage which may accrue to the Corporation in any way arising out of any laches or neglect, on the part of the contractor. I should be obliged by

your giving this matter your earliest attention. “(Signed) Chas. C. Graham, “Town Clerk.” “ Memo, for Town Clerk, 15th January, 18S0. “Reply to No. 112. “ I send draft clause to meet the requirements of the Council. “ (Signed) Wm. Thos. Locke Travers.” “ The City Solicitor, Wellington. “ No. 1247. " 7th March, 1882. “Herewith I send you the specifications of the proposed Te Aro reclamation. Will you be so good as to rev'se the same at your very earliest convenience, and advise me whether they are all in proper form and so as to give effect to the resolutions of the Council of 2nd March attached thereto. • “ (Signed Charles C. Graham, “ Town Clerk. “That the contracts be in two parts: the first for the 23 acres, more or less, to be proceeded with at once ; the second for the balance, to be gone on with at anytime within three years, at the option of the Council. That tenders be advertised for' in the other colonial papers, and that the Harbor Board be requested to state whether they intend their reserve to be included in the No* 1 contract.”