TIMARU BOROUGH COUNCIL.

Timaru Herald, Volume LV, Issue 5720, 11 July 1893, Page 3

TIMARU BOROUGH COUNCIL.

An ordinary meeting of the Timaru Borougt Council was held last evening. Present— The Mayor and Councillors Mair, Hole, Pelaney, Houston, Bush, Stumbles, Gabites, Bennett, Owers, Hill, and Burford. Councillor King oame m late. THH MAYOR'S SALABY. Tho first item of business taken was a lettoi sent to the solicitor by the Town Clerk, under instructions from the Council, setting forth the resolutions recorded m the minute book, bearing on the Voting of the Mayor's ealarj of £100 for the current year, with a request for the solicitor's opinion as to the legality of the vote, this haviog been challenged by Councillor Gabites. Mr A. Perry'a reply stated that he was of opinion that all motions or amendments must be pub and the result deolared by the Major or chairman for the time being (olauses 6, 32, and 33 of Bylaw No. 1), and that it is not competent to delegate this duty to the Town Clerk. The resolution "That the Mayor's salary for the current jear be £100 sterling," he was informed, was handed to the Town Clerk, and after being discussed he, at the request of the Council, put it to the vote, and deolared the same carried by a majority. For the reasons stated ho was of opinion that it was not competent for the Town Clerk to put the above motion to the vote, or to deolare it carried, and that-, as such resolution forms tho basis of the authorisation of His Worship's salary, there is at present no legal sanction for it. Section 104 of the Municipal Corporations Act does not apply to the performance by the Mayor of the mayoral duties, , but prohibits him from debating or voting on any matter m which hi is personally interested, and there wai a fundamental principle of law wbioh the statute deolared. It therefore followed that the duties of chairman oould not be legally performed by a gentleman who is interested m the decision of the Council as to the tnbject under discussion, and he observed that this had been recognised and acted upon by the Mayor iv this instance The mistake oould be oasily rectified by passing another resolution, with some counoillor m the chair, under section 101 of the Act. Councillor Stumbles grumbled at the expense the Council had been put to m getting this opinion. Councillor Bush did not agree with him j they had been put straight for all time. The Mayor thought it money well spent. If thoy hud been m error for twentyfour years it was tims they were put right. Councillor Houston said if they had passed only £50 nothing wouli hava been said about it. Councillor Hill would like to knew whether the whole of the estimates were not, vitiated m the same way. Councillor Hole said thanks were due (o Councillor Hill for bringtrg this matter forward, and it seeme 1 us if thore was really something m what Ojuncillor Hill said, that there was somsono behind Councillor Gabites " pulling the strings." Councillor Gabites protested strongly against personalities, and Councillor Role dented that he had indulged m any. He had only quoted Councillor Hill, and said what had happened had justified him. He went on to explain that the same course had be n followed for many years — the Town Clerk being asked fe put motions m which the Mayor was interested, Ike Mayor said thoy bad been put, right for the future. lie wished for a chairman to bo appointed ; he asked to be relieved, but was told that he was too thinskinned. On the motion of Councillors Buh and Hill, it was then unanimously carried—" That Councillor Hole take the ohair re the Mayor's salary." The Mayor then left the chair, and Councillor Hole took his plaoe. Councillor Houston moved and Councillor Burford seconded— " That tho salary of tho Mayor be £100 for the current yoir." Councillor Houston said he need not say anything, the matter had been well ventilated. Councillor Hill "could see it slicking out " that if the thing waß not put right those who voted for the vote would have to refund the £100 at the ond of the year, lhat was why be wished to have the solicitor's opinion taken. He had often seen members at the table voting on matters from whioh they directly or indireotly reoeived money. He would not give anj more warnings about this, but at onoe draw the auditor's attention to it if ever he saw it done eg«n. Councillor Bush supportod Ojuuoillor Hill m his assertions. Councillor Gabites was very glad that ha had taken the action ha did, as it would be the means of preventing slip-shod work iv the future He did not oppose the vote on any personal ground at all, but on principle. He objected to any paymont to a Mayor. The time for paying the Mayor was when the waterworks were being carried out, and thousands a year were being spent ; but now there was very little to be spent. The income from rates was only £900; of that £800 went m and about the office, and now the balance was to be Bwallowed by the Mayor. The payment of the Mayor should bs made a test question by the ratepayers. To give so much as £100 of the ratepayers' money to the Mayor, without their permission was wrong ; they should have a voica iv it. Councillor Bennett argued that the Mayor's duties were such as to deserve tbe proposed remuneration. Councillor Burford spoke at some length, ■—and the longer because be was interrupted, — to show that it would pay to pay the Mayor, and bo sure that he would act honestly, and not try to get any of the ratepayers' money by underhand m°ans. Councillor Gabites protested against these insinuations againet former mayors, but Councillor Burford said that he had no right to interrupt ; Councillor Gabites could not put the cap on, as ho had never been mayor. Councillor Burfjfd wont on to hint at cases where previous mayors had worked for their own pockete. Councillor Stumbles defended tho vote of £100, and he too asserted that there had been too much getting of money indirectly. Councillor Bush did not. believe that there had been anything of the kind ; aud he strongly objaoled to such remarks. Councillor Burford :8o they have ! 8o thoy have ! Councillor GSabitos said that it would be a serious thing if such insinuations were to go to the public, and lie hoped that-, they would not. Councillor Burford hopod that every word ho had said would be published. Councillor fiole was sorry that Councillor Burford had nttkoked previous Mayors, but no doubt there was some truth m it. No doubt the g'is was cheaper now than it used to be, but whether the char g.i of Majors had anything to do with that he would not like to say. Ho quite agreed with the payment of the Mayor. The motion was then put and carried, Councillors Owers, Bush, Gabitea aod ft? air voting against it, tho rest (except Councillor King, who bad not yet arrived) voting for it. Councillor Hole then vacated the ohair and the Mayor resumed it. CORBKBPONDENCE, Among tha copies of outward correspondence rend were copies of notices to defaulting ratepayers ; a memorandum to tho Auditor* General regarding the accounts ; and a return to the Tax Department for cltura to subsidy. Among the inward correspondence waa a circular from the Public Trust office rogurding unclaimed lands m the borough, which might be obtained for borough endowments. The Town Clerk staled that there was no unolaimed lands m the borough. TBE DOSIAIN. The domain ranger submitted his tapoi't on the work done during the month. The Mayor slatod that tho committee had authorised Mr Cross to fell a fow gum troes i behind the hoppital, to furnish a few posts j and raiU that were needed $ the treea too needing roinoval.

Councillors Bush, Houston, and Burfor were appointed a visiting committee for th month. STBEBT WOBIS Tho foreman of works reported, as instructed on the work of preparation required m certai portions of streets, m raising and lowering o footpaths, preliminary to kerbing and channel ling: The work m the Bank gully sewer ws going on well. The walls and top had beei pointed and made good. He had otoppet work for a week until a good supply o pitchers had been obtained.); It was resolved that the overseer prepar by next meeting specifications of the variou streets to be lowered, etc. The Works Oommittee reported that the; had received two tenders for the supply o pitchers for the Bank Gully sewer — S. Kirbi 7s 6d per equare yard, S. Sibley 6s 6d pc: yard — and they had accepted the latter. The worke committee also reported tha they had made Borne inquiries respecting th< matter of further covering tbo Bank Gull] sewer, aeked for by Mr W. Evan 3. Ihoy founc that m the portion done the general government paid one-third the cost, Mr Jonas, Boss & Co,, and the Gas Company .half the coat undei their property. The committee recommended that the Council hold over this work for the present, on account of laok of funds, but promise to take the matter into consideration at the enrlie»t opportunity. — The Council accepted this recommendation by adopting the report. WATEBWOBXB. Mr B Evans wrote asking the Council to complete their part of the bargain under which they obtained a right-of-way to the waterworks dam, by paying him the £15 Bgreed upon.— Solicitor to be asked to prepare a deed showing a right-of-way 20ft wide. The inspector reported that the contractor for tree planting having been hindered by wot weather, had not completed his renewing work. The caretakers were at work clearing gorse and repairing fences. The Pareori had been m flood last week, but no damage had occurred. He had rnida portable fireplaces and ohimnejs for the liutp, and fitted up the one near the dam, and put, m a new concrete floor, which would bo plastered this week. The contractors had finished painting t' c fiumes, and had made a goad j;b of them, they had the two huts to paiut and would do them as ao.tn as the weather cleared. The specifications for letting a fresh contract for the maintenance of the water raoe for throp yjars as revised by Ibe works committee, wore adopted, they are pradioilly the satnj as for Ihel-ist throe yaars. It was resolved that tenders for the work be invited to be m by next meeting, by-law 55 being suspended for the purpose. TEKDBB3. Tenders had been called for supply of oats and chaff, and only one for each was received —from J. Murray, oats at 2s 2d per bushel ; oat straw chaff at £1 14 i, wheat straw chaff at £1 7s 6'd per ton. E. Taoon offered oat sheaf chaff at Is 6d per t aok of 701bs. The tenders of J. Murray for oats and oat straw cbeff were accepted j a proposal that the tenders be not received and that fresh tenders b 3 called, including cheat chaff, being rojdCtad. ACCOUNTS General accounts to the amount of £159 4s sd, and wuto.-wcrks maintenance account £43 15s, werd passed for payment. The firat moiety of the Mayor's salary was also passed, Councillor Hole being again moved to the chair for (he purpose of pawing this item. The annual statement of accounts, cartified correct, was received from the AuditorGeneral, and it was resolved to hold a special 1 meeting oa the date of the next ordinary ' meeting, to consider and eign the same, i THE MUNICIPAL COBPOBATIONS BILL. Councillor Hill drew attention to serious alterations m the Municipal Corporations Bill, one of which r. duced the voting power of property, and suogeated that the Council Bhould consider tho Bill, and have something to say about it. Councillor Buah alluded to another Bill, tha Distraint for Bent Bill and eskod what the poor landlords would do now for their rents. One could not sue for any debt until it reached £10