TAXATION OF JOHNSONVILLE.

New Zealand Times, Volume LXXVI, Issue 5219, 8 March 1904, Page 3

TAXATION OF JOHNSONVILLE.

PROPOSAL To FORM A BOROUGH. Rust overling a meeting of Johnsonvilic ratepayer's was held in the Jicchabite Hall to consider what action. if any, should be taken regarding an opinion obtained from Dr J, Cl. Findlay regarding the powers of tthe Hutt bounty Council in refereneo to Uui levving and allocation : I rates within the town district. Mr \V. Cook was moved to Uie chair. Tliero as rn about twenty ratepayers prescni. Mr M. Atkinson (chairman of (ho 'down Poard) explained that Urn meeting had been called to rli-euss a question which hud been at ietio for a number of years, as to whether tiio Jolinsonvilh' town district ought to pay a rate of three farthings in the .£ to the Hull Count!,' Cmiucil. Tin matter was raised by a decision of Hie Chief 'Justice some time ago, having down 11m principle that no local body could levy a rate on another local body’s district. Thera was also an opinion expressed on tlm point by the Muyor n! Onslow, who was a lawyer, and who told them that there should not be any tax upon the Johusonville town district, except for charitable aid and hospital fund, and Dm main road through Johnsonville. The opinion of Dr Findlay had now been obtained, and ho called upon tho Town Clerk to read it. The opinion was read as follows: —tlm JohnsonvPle Town District, n town district constituted under the Town Di--trictn Act. 1881. is within the Unit Conntv, in which the Counties Act. 18SG. is in ,'orcn. The Hull: Cminfv Council niahcs and levies a general rat" of tliiT.i fartliii"'s in (In .£ oil all ratable property wit'll in Iho county, including that within (Po (own district; and tlm Town District Hoard also makes and levies a three--I’arl lungs rate on properly within such Ipstrirt. The main county road rims thiou"h the town district, and being a canity road is legally under the control of I lie County Council, but by agreement between the two bodies the Town Hoard bus token over tli» innnUenancp of tmu part of tlio road lying wilhiu luo lowu district, nml receives therefor from (do Couuliv Council the smn of X 25 per an* | nuni. All (khev raad> throughout I lie to wmiistrict aro mainkiinwl by the* lown Hoard out of its own funds. Tilt* Utility Council rocoivoi by way of rates on ratable propc-rtv within the town district nncl subsidies about d:2Gr., and out i of this sum the Town Heard receives tho abave-mentioned £25, end a payment is made by w.av of contribuMon xor chanlablo aid on its behalf of dJoO, or therenbonts. The is wlmt aUOvUtions should the Conntv Council make of tho amounts produced by the rate on ratable property within tho town district, and of Government subsidies? In the first place, the County Council lias power, under section 118 of the Counties A.ct, ISBS, to levy the c-aid rate, so long as midi rate does not exceed three farthings in the hut the Council, by section 149 of tho Counties Act, 1386, as amended by the Counties Act, 1803, must ma,;o and lew general rates separately in-each riding of the conntv; and the same sccion further provides “that there' shall lie deducted from such general rats the cost of collecting tho same, and a proportionate part of the cost of the general expmdituro of the county and of its habi.ities. as enumerated in the first three subjections of section 145, viz.; (1) In payment of the general debts and liabilities of county as a whole, and of the gonmnl expenses incidental to the administration of the Act; (2) contributions to be made cut of the county fund by any Act of the General Assembly: (3) the' cost of constituting and maintaining nil main roads and county roads within tlm county, anil of bridges and ferries, as well 118. .of contributing to ronstnict- or maintain such bridges exfeeding 30ft span on district roads within the conntv ns the Council shall think fit. should bo so constructed or maintained," nml section 149 proceeds — the remainder of .such general rales shall be expended for the benefit of the ridings wherein thev are levied respectivev.” In view of the language of subsection 4 of section Tie of the Act emoted below, I think that "proportionate part” means a part equal to the proportion which the general rate received i fiv the County Council from the Town Board hears to the whole of the general county rates. If, therefore, there is anv surplus in the county's hands from the amount so received, after making provision for the matters referred to’in 1,2, and 3 supra, such surplus should be expended for the benefit, of the riding in which the Johnsonville Town District is situate, With regard to the remainder of the annual income of the conntv, i.e.. inclusive of subsidies, etc., after providing for the mat- ’ tors referred to 1. 2 and 3. such remaintier “shall be apportioned among the ridings in the county in proportion to the amount of general rates and gold--sekls revenue received from such ridings respectively in such year.” The surplus, if any, from income other than general rates must, therefore, bo applied in the same way ns tho surplus from such rates. By section 146 of the Act, the County Council must keep separate accounts for each riding in the county, and of tho income and expenditure

thereof hi each year, and must place to pitch accounts the amount apportioned to such riding of the county income, which shall be expended in works in such riding. And further, if in anvyear such allocation of the proportionate part of the county income ?cannot be rnado among the ridings, and any riding. shall receive in such year any more or less than its clue, then such riding shall in succeeding allocations of the county income among the ridings, receive from the Council ah increased or diminished proportion of income as may bo just. My opinion, therefore, is that if the County Council has not kept such accounts, and made such allocations, or applied any such surplus ns*before mentioned, it can be compelled to do so by mandamus sued out by any ratepayer the riding, including or constituting the Johnsouville Town District. Mr Atkinson suggested that a test case should be brought to see if the Hutt County Council had power to strike a rate for any more than tho actual needs of the district. After a short discussion, he proposed that they take tho necessary steps to form a borough at Johnsonville. Mr G. Lambert seconded the motion. Mr R. Bold suggested that it would be better if the Porirun riding of tho Hutt County were divided into two ridings with a member for each. Mr Atkinson considered a borough preferable. The district was a growing one, and ho approved of having it formed into a borough. Mr A. Chapman asked Mr Bold, as a member of the County Council, if the County Council kept a separate account for tne Porirun riding, as indicated by Dr Findlay. Mr Bold made answer that he was

simply present ns a ratepayer, not ns a representative of the Conntv Council. The Johusonville Town Board had •thought proper to get a legal opinion, nnd ho was not there to be cross-ques-I tioned. As a matter of fact, however, be might inform the meeting that the County Council complied with the Act. •The chairman ashed Mr Bold ns to the reduction in tho rate that had been promised by the County Council, Mr Bold replied that a reduction of oup farthing in the ,£ was made over the Porirua riding, but it could not legally be made over that part of it which comprised tho Johnsonville Town District. Mr Chapman pointed out that they were paying higher rates in Johnsonville than vore levied “in a civilised borough like [V:ano." where the people had asphalts fool pat hs, gas lamps, improved sanitation and other modern conveniences of life. Mr Atkinson denied this assertion.

•staling that tho people of Johnsonville paid scarcely half the rates that operated in Peion-e. At the present time the people of Potono wore paying 3s 3d in the X on their rental value. Mr Chapman retorted that he nad stated facts which he was prepared to prove. • M-V Lambert mentioned that 2s 3d in

tho .£ on the rental value did n r, t amount fo more than Jfd in the Si on the capi.ai value, while in Johnsonville they v. i-! paying Ipl in the .£ on .he capital value. Jla soggi --tod Iliac it they decided to form a borough (Imy should acquire Pirirua harbour, as in view i,t tho present trend of events it w.js likely in bo a coming port, and ic would be a valuable asset lor any public body inter on. A ratepayer at the back derisively pointed out that it was impossible to get into the bal boa, at Ihe iu trau, time with a boat drawing tw i fecr cl water. .Mr Lambert alluded to the intention of Dm City Council to ab.mib the present Hoiough Of Onslow, and J dinsouville as well, in its Greater Wellington .scheme a,:, soon as the city lines became too high, lie said tho possibility had been brought under his notice a s a serious proposition at picicnt in the minds of the City Council.

After some furl her discussion, Mr -Atkinson’s motion, as amended by Mr Frank T. -Moore, was unanimously carried in tho foilswing' shape;—'"That in the opinion of lias meeting of laU'luiyeis, it is to the host interests of Johnsonvilln to constitute the district into a borough ; ami that a committee he set up lor the purpose of reporting to a future meeting the best wav of giving effect Jo his proposal.” Tho following'committee was appointed m .addition to the members of the Town Hoard:—Messrs J. Chapman, I rank T. Moore. W. Cook, U. j-iambort and A. J. AVybuin. , , A vote of thanks was accorded the chairman.