Daily Circulation, 1620. The Oamaru Mail. SATURDAY, DECEMBER 23, 1893.

Oamaru Mail, Volume XVIII, Issue 5826, 23 December 1893, Page 2

Daily Circulation, 1620. The Oamaru Mail. SATURDAY, DECEMBER 23, 1893.

The judgment in the case brought by certain of the municipal councillors against the late Mayor closes, we hope, an unpleasant and unsavory episode in the history of the Oamaru Borough Council. Contrary to pretty general anticipations, the judgment is in favor of the late Mayor, but we do not | think that very many citizens will regret the result, and few will have the courage to question the correctness of Judge Williams' finding. In view of the crushing defeat of Mr Dunn when seeking re-election to the Mayoral chair, most citizens will be rather pleased than otherwise to learn that he has 'hot suffered farther defeat at the Supreme Court. This feeling will, however, spring more from the strong aversion that every true hearted Britisher has to seeing a man kicked when he is down than to any general belief that he was blameless in the matter. Indeed, in the face of Judge Williams' very clear and intelligent pronouncement, it would be impossible to hold Mr Dunn blamele'ss in the matter, for his Honor has distinctly uphnld the contention we put forward at the time that the late Mayor was wrong' in his ruling that Mr Bee was not a councillor at the time that he signed the requisition for the meeting of which the legal proceedings now closed were the outcome. Upon that point we never had a doubt, though we are prepared to concur with the remark made bv the learned Ju-ige that j there is " sufficient obscurity in the Act to justify fair argument in favor of a different view" to that which we took of the question and which his Honor has now confirmed. But we do not think that the Act is so obscure upon the point as.to afford.a reason--

able excuse for a wrong interpretation b» any one who approaches a consideration of | it with the single and simple purpose of ascertaining the intention of Parliament, However, the question has been settled by j Judge of the Supreme Court, and it is unnecessary for any further argument upon it, That it should have been possible for the law to be misconstrued by the Chief Magj 8 . trate of any town, however, once more evi. dences the necessity for reform in the draft. ing of Acts of Parliament in the direction of making their meaning so clear Unit persons of limited intelligence may bo able to grasp it. As to the grounds upon which his Honor based his judgment in favor of tl 1( , defendant, whose original wrong tion of the law gave rise to all the trouble we do not think anyone will seriously dial. lenge their soundness. But we are not clear that his Honor was warranted in deciding that the meeting lapsed when the Into Mayor left the chair. As to whether, under the application made to tho Court, th a t, question properly arose, there is room f ot a guiniiit. We incline to tho belief that the quc-litm v. as not properly within the juris. diction cf liic Court, inasmuch as the applj. cation was one for an order directing t|| C the Mayor to permit certain minutes to be read, and did not raise the question as t 0 whether or not the meeting whs continuous, It was for the Council first to say whether or not the minutes were such as should properly be confirmed. If the Council upon that point came to a wrong determination, then the aid of tho Supreme Court should | have been invoked on a motion to have th c minutes quashed as being thc records of an illegal meeting. In this respect we take leave to think that his Honor has, to sonic extent at any rate, usurped a function which in the first instance devolved upon the Council. But thc point is one that may well be waived. Tho case has been settled now as it probably would have been settled had the course which we submit would havo been the proper one been followed. His Honor having taken into consideration tho question of the legality of thc meeting has come to a reasonable conclusion " that at the lime defendant declared the meeting at an end there was what amounts to a practical acceptance of his decision," and that the subsequent proceedings were, therefore, informal and not properly matters to appear upon the minutes. A calm and dispassionate view of the facts must at any rate give rise to a bo'ief that the amount of time which elapsed between the Mayor leaving the chair and Councillor Waddell being voted to it constituted a dispersal of the meeting. It will not profit us much to discuss that part of the question. What the public arc most concerned with is the effect of his Honor's judgment. At thc first blush thin would seem to put a powerful weapon in the hands of the presiding oilicer of any public body. Without a careful study of all that his Honor said and the drawing oi a reasonable inference therefrom, it would lead to an impression that it is within the power of a presiding officer of any local body toburk a discussion upon any subject by ruling a meeting at an end. We are aware that many estimable citizens have already given expression to an opinion that Judge Williams' judgment amounts to an admission that a presiding officer is armed with that power of evading or precluding discussion. But from this view we entirely dissent. All that Judge Williams says is that in thc present case, if there was not quiescent acquiescence with the ruling of thc late Mayor, there was no| such active resistance as to amount to a distinct challenge of thc correctness of 11k ruling. What the learned Judge inferculiiillj says is, therefore, that, when a presiding officer improperly closes a meeting, whethci for the purpose of frustrating thc considers tion of a motion or for any other purpose, what is required of those who dissent frou the ruling is a prompt and decisive intinia tion of their dissent and intention to pro ceed with the business, notwithstanding tl'i declaration that the meeting is closed, Ir this case there certainly was not a prompt and decisive resistance of the improper rnlinj of the late Mayor. The ruling \vm contrary to law ; but if the late Mayor \m ignorant of thc law, so were the councillors and they were also ignorant of thc steps tha should have been taken to prevent tin illegal burking of the consideration of tin motion. That is what Judge Williams' judg ment amounts to. To this mutual ignoranci of law and proper procedure has been dm all the costly and somewhat lndicrom Supreme Court proceedings. But if tin lesson provided by the judgment is proper!] appreciated, all the trouble and expense wil not be without profit. The lesßon that is t< be learned from the case is that all who laki part in public affairs should take rcasonnbl measures to make themselves acquaints with the law governing their proceeding! And the first thing to do in that respect i to interpret Acts of Parliament in thc ligh of what is best calculated to promote tin smooth working of public institutions and t< conserve the interests of the public.

We remind our clients that Monduy'i Mail will be published in the morning, nni that on Tuesday there will be no issue. At Wesley Church to-morrow evening lb Christmas service will be conducted by tin Rev. J. A. Luxford, when special antta will be sung. At 8.15 the Wesley Cliurcl choir intend giving a Christmas carol sot vice. All seats free for this service. The attention of farmers and dealers i directed to the fact that the fortnight!) stock sale at the Junction Yards takes plw on Wednesday next owing to Tuesday bcinj a holiday. A tea and entertainment in aid of th funds of the Sunday School is announced ti be given in the Papakaio Hall on Tuesdaj evening next. The charge for admission t< both the tea and entertainment has licei fixed at the low figure of Is, and llicr should be no lack of patronage. , The following nominations have been re ceived and handicaps made for the pony trn at the Ngapara Caledonian Society :— Mr J Henderson's Sir Colin, scratch; Mr Hug! M'Whirter's Carbine, 30socs; Mr Johi Henderson's Prince, 40secs; Mr Gcorg Paulin's Betß, 45secs. Mr Bull is announced to deliver a spccii Christmas sermon to-morrow evening in St George's Hall. To-morrow afternoon at 3 o'clock the Bev George Nicol, of the China Inland Mission will give an address in the Baptist Churcl on mission work in China. Mr Niool hi spent some 18 years as a missidnary in th» great empire, and is now travelling ihrougl the colonies in the interest of the mission The work of the China Inland Mission, o which the -Rev. J. Hudson Taylor is th head, is one in which a large amount of in terest is displayed, and wo anticipate a larg< attendance to-morrow afternoon. The only local nomination among th entries for the Otago Cycling Club's sport is J. Ogilvie, who is entered for every even except the Three-mile Scratch. We are requested to state that tickets fo the Garrison Band's excursion to Moerak on Boxing Day will be on sale at the railw»] station between 2 and 5 p.m. on Monday This will afford an opportunity for avoidini the usual crush to get tickets on the morn ing of the excursion, and the change will n< doubt be fully appreciated by the public. The Garrison Band will play in iron of the Courthouse this (Saturday) evening commencing at seven o'clock. The folio" ing will be the programme :—March, "TJi Four Jolly Smiths"; national fantasia " The Rose and Thistle "; quadrille, " I'* ll Jones" ; national selection, " Gems " Erin"; waltz, "Passing Thoughts"; na tional fantasia, " England." The Navals' Band will play the follo\vin| programme in Thames-street to-night, I* ginning at 8 o'clock:—March, " Should*: Arms"; selection, "Gems of Scotia"; polkj " Our Own"; waltz, " Loch Lomond quadrille, "Albion"; galop, "One Tu rl More." We understand that as a consequence c the continued "muggy" weather rust lw made its appearance very badly in the d' B trict. A number of crops are also sufl'erin! from a strong growth of sorrel. The usual Christmas Eve Carol Scrvi« will be held in St. Luke's Church to-jn° iro ' evening, at 6.30. The service for Chrietn" Day are announced in our advertieißl columns. A second offender, who had anticipate his Christmas too potently, was convicte' and 'lned 5s and 2s costs, or 48 hours, by th 1 R.M. this morning. A woman, on reman' on a charge of drunkenness, was convict* and discharged, having been locked up »i nC 8 a.m. yesterday.

Brite CTaibcmo election 1267 females oat of fSST aa tlw roQ recorded their votes. - ■wtmmm «atfy 2089 males out of a total of 3329 mat to tb» ballot box. There are thoa to be struck off the names of 90 female* and 440 mafes. The following hoars of attendance will be obnerved at the local Post Office daring the holidays- Christmas Day—Post Office: A clone holiday. Mails for despatch on Monday will be closed at 9 IS to-night, bat supplementary mails will be despatched at 5.30 a.m. oa Stonday. The private box lobby will be closed at $.30 pvm. Telegraph Office: 9to 10 *.«* and 7to »p. m. Telephone Exchange ;9 to 19 o.m. only. Boeing Bay— The Post Office will be open in all branches from 9 to 10 i*-m., at which hoar all mails for despatch will be closed down. There will be one dolivery by letter-carriers, commencing at 8 a.hi. Telegraph Office: 9 to 10 am. and 7 to> 8 p.m. Telephone Exchange : Open as usual. New Year's Day— Post Office: Same as Christmas Day, excepting that the Private Box lobby will be open all day. Telegraph Office: 9to 10 a.m. and 7to 8 p.m. Telephone Exchange: Open as usual. We draw the attention of cyclists to the fact that a One-mile Novice Roadster Bicycle Handicap has been added to the first day's programme of the Caledonian .»ports. It is open to all who have never won a first prize. Entries will be received trp to eight o'clock on Tuesday night next. Mr W. Meldrom has obtained leave from the Caledonian Society to have a show of pianos etc. in the grain shed on the occasion of the New Year sports. Arrangements arc also being made to utilise a portion of the «ame building as a tea room where a cap of good tea etc. can be obtained. The ideals a good one and will probably justify its inception. A missionary- connected with the China Inland Mission, who has served 15 years in the mission field of interior China, is to preach to-morrow morning at the Emmanuel Coogregational Church. The pastor will preach in the evening on a topic suitable to the Christmas season. There will also be a Christmas service in the same church from 10 to II a.m. on Christmas Day.