The Timaru Herald. MONDAY, JUNE 15, 1891.

Timaru Herald, Volume LII, Issue 5168, 15 June 1891, Page 2

The Timaru Herald. MONDAY, JUNE 15, 1891.

The Hospital and Charitable Aid Board had Mr Justice Denniston's judgment in the appeal case against the Waitaki Hospital and Charitable Aid Board brought under their notice at the meeting on Pridny last. The solicitors of the South Canterbury Board, whilst expressing the opinion that His Honour's reading of the Act was erroneous, did not counsel an appeal, on account o£ the expense attaching to that course, but, in view of the somewhat serious consequences of the judgment to the Board, Btrongly advised them to endeavour to obtain an amending Act during the present session of Parliament. It would have been interesting to learn how the solicitors tackled the grammer and general construction of the disputed section so aa to make it bear an interpretation more favourable to the Board, but no intimation on that poiut was given. Our own impression iB that Hl3 Honour was perfectly right, for that the words of the section would bear no other meaning ' than that which he attached to them. 1 Supposing him to have been wrong, and that the proper interpretation is that I whioh the Resident Magistrate adopted at the original hearing of the case, what is now wanted is not an amending Act, j properly so called, but one merelydeclaring in plain language the meaning of the provision which is already in the statute book. However, we hold that the legislature committed a blunder, and one which is sufficiently serious to need rectifying as soon as possible. The advice to endeavonr to obtain amending legislation is therefore sound. What the Board did was to pass a resolution that the solicitors be instructed to draft a section to meet the case, and that a copy of it be sent to each of the members representing South Canterbury, with a request that they will use every effort to get it passed during the current session. This step is good enough as far as it goes, but it seems to have been lost sight of that the Hospitals and Charitable Institutions Act is a general measure — one affecting the -whole colony — and that before alteration was attempted it would have been as well to consult with other Boards for the purpose of securing concurrence of opinion and united action, Then the matter might have been laid before the Government with a fairer prospect of success. Probably they would have undertaken to pass the Bill themselves if satisfied that it met with pretty general approval on the part of the various Hospital and Charitable Aid Boards. We do not go bo far as to say that the South Canterbury members will be unable to obtain the amendment which has been suggested, but their chances would have been largely increased if the new section had been first submitted to the other Boards. The session ia likely to be a protracted one, and there might still be time for such a reference as wo have suggested.