GAWTHRON INSTITUTE

New Zealand Times, Volume L, Issue 11686, 26 November 1923, Page 7

GAWTHRON INSTITUTE

OISPUTE ON TRUSTEES POSITION OF MEMBERS OF LOCAL BODIES. LEGISLATION POSSIBLE. Per Press .Association. NELSON, November 25. Representation his been made to the Government by Mr H. Atmore. M.l , on behalf of the Nelson City Cou lid!, seeking a commission of inquiry into the circumstances of the founding and establishment of the Cawthron Institute. This is more particularly for the ourpose of ascertaining whether the oenenciariary, the general public, have not been deprived of their right of electing trustees from time to time, per medium of a local body and genera! ‘lection. HOW IT AROSE. The protest was made by the City Oouncil because a vacancy on the board, caused by the death of Mr C. .T. Harley (Mayor of Nelson at the time he was appointed) was not filled by the £ resent holder of that office, Mr W. ock. The trustees replied that they acted in consonance with a judgment obtained by them from the Full Court in 1916, in which it was laid down that there was not accession, and the appointment had been made in accordance with the Trustees Act, 1908. Sir Francis Bell, in a letter to Mr Atmore says: ‘T have made inquiries, as promised you, and find there is a det-t-iuii of the Supreme Court reported in Gazette I.a.w Reports, 1916, at page 007, following a previous decision on the same point of another judge in the same volume, page 262: That in the appointment of trustees is an appointment of a person who held the. offices mentioned at the time of death, and that there is no succession to the trust for officials who may thereafter hold the offices named, and that therefore, for instance, the Mayor of Nelson continued to be a trustee after he ceased to be Mayor, and that if he resigned his trust any other person could be appointed in his place. AN ACT NECESSARY.

“Both Mr Justice Denniston, in the ' ease on page 262, and, Sir Robert Stout, Ohief Justice, in case at page 607, suggested that an Act of Parliament was necessary to enable the body of trustees, consisting of persons for the time being holding particular offices, to be constituted. The decision at page 607. delivered by Sir Robert Stout, Chief Justice, is that of the Full Court, consisting of live judges, and I think there is sufficient ground treated by the suggestions of the court to justify the Government in the promotion of a Bill in Parliament to give effect to the testator’s obvious intention that the trust should be held by , persons holding the offices mentioned in the 11111, the point as to the legislative councillor being met by the observation of Mr Justice Denniston, that that was such a difficulty as could bp remedied by statute. I do not think, however, that the Government ought to movo in the matter, except in the instance of public bodies, whose presidents would be trustees in accordance with the testator’s intention. “JOIN TOGETHER.” “If you, as the member for Nelson, with the' Mayor of Nelson, the chairf mm of the Waimea county, the chairman of the Nelson Harbour Board, ell joined in a request to the Government that it may be provided by statute that the officials holding those offices should be trustees by virtue of their several offices, I will take this matter into very serious consideration, and bring it before Government for decision. “Ordinarily Government does not intervene in the affairs of a privately created trust unless the trust is being maladministered, in which case the duty of the Crown in respect of all charities is brought into action. The point now is not maladministration, but departure from the plain intention of the testator. The departure is necessitated by the law which requires in general, a definite succession to the ownership of property, and such definite succession can be ensured only by statute in a case where the officials gamed for th ? Trust are nut themselves corporations.” DOCUMENT SIGNED. The Mayor of Nelson the •■haiimnn of the Waimea County Council, Mr Ji. Atmore, M.l’ v the Hon. Snodgrass, have already signed their names to the necessary documents. The City Council has unanimously passed a resolution of thanks to Sir Francis Bell for making inquiry, and for his promise, as ihe result of such inquiry, to pro mote legislation for the purpose of giving effect to the late Mr Oawthron’s obvious intention that the Trust should be held by persons including members of the Legislative Council, holding foi the time being the offices mentioned by the testator in his will. The council also thanked Mr H. Atmore for his services, and the success frf his representations. Oiher local bodies will have the matter before them at their next neeting.