CORRESPONDENCE.

Poverty Bay Herald, Volume XXX, Issue 9841, 7 September 1903, Page 3

CORRESPONDENCE.

» THE HARBOR BOARD BILL. (To the Editor of the Herald.) Sir,—Jn your leading article m Saturday's issue you say you deem it your duty to emphatically challenge the statement made at the Ratepayers' Association's meeting tliat, although the present poll niight not be carried, the Council could still get the-; money from the Harbor Board, and, further, that without the voice of the ratepayers, the £20,000 could be obtained, . etc. Emphasis' was laid on the suggestion that the Bill f-aid the Board "shall*' lend the £20,000. You go on to say that you have a copy of the Bill as advertised before you, and iv the clause refenred to you fail to find the word "shall," and the Council cannot borrow the £20,000 without the voice of the people and the proper formalities being, followed. Now, Mr Editor, I have a copy of the Bill as advertised m youi' paper before me, wliich I accept as reliable, and from which I extract the following words : "It shall be lawful for the Public Trustee, and he is hereby authorised and directed to lend out and advance to the Mayor and Councillors of the Borough of Gisborne at their request a sum not exceeding £20,000, at a rate of interest not being less thani 4 per cent, upon the following security — the land acquired by the Council at Waihirere for the purpose of waterworks and a water and drainage scheme ; a special rate not exceeding is 6d m the £ upon the annual value of all rateable property within tlie borough, together with the issue of debentures under the Local Bodies Loans Act. Such loans by> the Public Trustee to the Borough of Gisborne .shall be deemed to be a loan within the provisions of section 23 of the Public Bodies L«. ans Act, and shall be repaid out of a special lo<in of- £76,000 winch the said, Couucil are or will ,be authorised to raise for the purpose of a water and drainage, scheme. "

From the above it will be seen that the second word quoted is the little word "shall," which you say is not there, and that word is followed by the following still stronger words "and he (the Public Trustee) is hereby authorised and directed to lend out and advance to the Mayor ,and Councillors at their request," etc. Words cannot be plainer to show that this special Act is the authority to lend aud borrow the money without the voice of the ratepayers. The only voice necessary is the request of the Mayor and Councillors, and this is made* doubly plain when you take into account the concluding words "that such loan shall be deemed to be a loan under the Local Bodies Act, and that it shall be repaid out of a special loan, which the Council are or will be authorised to raise for water and drainage." Kindly carefully note the words "or will be authorised to raise." Need I insult your intelligence by asking you the meaning of these concluding words, which only apply to the repayment of the money out of a special loan which tlie Council are or will be authorised to raise. [ I again repeat that this Bill, as it stands, is an attempt to legalise an illegal . position, and is disgraceful. If it is not intended to legalise an illegal position, why, then, should there be any reference to the Waihirere loan at all, especially seeing that their solicitor has advised that the last poll is illegal, and tbe new poll is not yet taken. In the general provisions of the Bill provision, is made for lending the moneys, among other securities, "on debentures issued by any local authority under any law now or hereafter m force, secured upon general or special rates." Tliis provision is quite right and proper, and is all that is necessaiy, if it is intended to act on a legal poll and the voice of the people. I am glad you have drawn attention to the provision of the pains and penalties that Councillors run if they raise money (of course assuming there is no special Act of Parliament validating their acts) without seeing that the stipulated formalities are duly complied with. I stated before the last poll was taken that it would, sooner or later, be declared illegal (which it was), and I state again that if the approaching poll is taken and carried m its present form it also will, sooner or later, be declared illegal, and be upset, and I feel that some of the Councillors know this full well, and desire to legalise it by a special Act of Parliament. , ' In conclusion, and m view of the near approach of the fresh poll, I would again ask you, Mr Editor, to cease trying to mislead your readers on these important questions. It is indeed a pity that a leading journal like yours forces one to challenge your statements m this way, and I very- much regret the necessity, but somehow or another Waihirere Seems to cause you to lose your ordinary fair and impartial judgment. — I am, etc., W. DOUGLAS LYSNAR. [In. the statement of the objects of the Bill as advertised ' m our columns the word "shall" did not occur m the section referred to. In; the Bill as it has been framed for Parliament, which Mr Lysnar quotes from, it does occur, but iv a very different sense to the interpretation that was put upon it; at the Ratepayers' Association's meeting, where it was stated by Mr Lysnar "the Bill says the Board 'shall' lend the £20,000." The point, however, as we stated m our article, is quite immaterial, and we are not disposed to follow our correspondent iuto a -quibble upon it. We are astounded that Mr Lysnar should persist m his assertion that the Bill empowers the Borough Council to borrow £20,000 without first obtaining authorisation of the ratepayers by the ordinary formalities. The reference m the measure to section 23 of the Local Bodies Loans Act clearly shows that autliorisation .must first take place. In his quotation, Sir Lystiar ingeniously alters a word. Tlie Bill reads : "A special loan which the Council are or may be authorised to raise," not "will be" as* stated. That, again, is not worth quibbling over; bus the direct reference to the Local Bodies Loans Act absolutely confirms m our mind the impression that the ordinary methods of raising a special loan are not intended to be departed from. We do not believe that Mr Lysnar could find another lawyer m the town who would support the extraordinary view that he takes of the Bill. — Ed., Hkrald.] '