CHURCH v. COUNCIL.

Timaru Herald, Volume XIIIC, Issue 14326, 17 October 1910, Page 2

CHURCH v. COUNCIL.

A QUESTION OF RATING

Lo the Editor of the "Tiniaru Herald." Sir, —Oil Tuesday evening I atxetidxl the meeting of the annate Bornigh. Council to listen to the delibera:_ions oi our municipal authorities coii;erning a question very directly ai'ecting cur church. It was a. question is xo why aud upon what grounds the L'own Cierk had sent- to the Church Property Trustees a demand i'or rates, is the matter is of considerable interJit to the other churches in the borjugh as well as to ourselves. 1 wish ■ iho question to be as widely ventdat- , *i as po.-sible. Section 2. Clause G-. if the liaring Act 190S shows that i-ertaiii lauds and buildings are smpted i'rom the payineut or rates: :he section reads as follows: —"Lauds ind buildings used -for a school not.•arried on exclusively U»r pecuniary jain or proiit. hut s-i tliai within any Borough or Town district not more :haa lour acres be umxL and occupied >y or for purpc.>es of any one such school." Under this clati>e. St. Patrick's Halt. Km.>: Church Hall. the Wcsleyan Schoulrom, and. nnui the »ther tlay. St. Augustine's schoolroom iavc been exempt irotu payment- ot' ~ates. .V i'e'.v days ago the clerk J o the Chunth Property Trustees sent lown irom Christchureh to the church.vardens ;• rale demand from the Borough Cv;;.iivii {or our schoolroom. The J-omicd was asked why and up>n what grounds this demand was made. 1 attended the Cuuncii meeting in order z-u hear the The Town Clerk gave his deliverance:—"The school kvas used he said on two occasions for purposes outside the work of the -huivh: vis, once i'or a Navy League lecture and ence lor the Spring Bulb He did not mention, two ether occasions when the school was n-cd for a presentation to the late Mayor and to L-ouncilior Cokmua. Hie clerk argued that- when once a hall was used lor purposes other than church purposes tiie property became rateable, and be'•ause of these two occasions lie had sen: a demand for rates Now. S:r, the above quoted section says thai *• a school not carried on I exclusively tor pecuniary gain, or prolit" is exempt ir«,m these payments of | rates. In trie cases to which the clerk 1 refers tile s-hool was lent, free of irharge. In the ea-c or the Horticultural Society, the committee of this society at the end of their financial •roar, finding they were in turn's, generously donated one guinea to the •Thdargement Fund 77 of St. Augustine's School as a slight recognition the fact that the school was lent to the-r.i. It jstirely then can hardly be said that the school is curried on "exclusively for pecuniary sain or profit-.'' That the Conned by a majority should liaro decided to tubinit the /jerk's argument to the Municipal Corporation's solicitor is, of course, i;:e:r business. When the facts of the .•::-e are placed beioro this solicitor. I, [)■. have no manner of doubt. to the nature of hi>. reply. But let ;;; as-nmc. lor tho >ake *>i nrmimont. Lisat h-.* the clerk's contention, .vhat w:!l it nnaar Why it wiil mean that in hi< judgment a.-r well in the judgment of she Town Clerk we »ug!it to be rated because we have b"*en uenrrous hto place our building, freo of charge. at the di«I ««f th" Waimsite Boroujrli O'tni'i!. the Navy League and the f{orii« ul* ural Society. Of course it is inconceivable that the -a hole Conned is a budy of uki: c-'U T ,d be guilty of -lull measure-. Vet in the meantime ;t niiic r;nht to let the public know :hat with the refei red to, via., i Navy L* meeting. a H'Ttieu!turnl Show (lor which 1 believe license fees were paid to the Council* and on two orca>ions when the schoolroom was lent to the Council itself St. Augus:inr*< S'-lioolrooni i'or the past two years has Jk>cu u.->ed only inr purposes of a. f>rp--iseir s:;»;•!ur character to those for .vhich >t Patricks Hai;. Knox Church :ia!l and : he \\< s!eyan Schoolroom have : used. ai:d the trustees of tiieso )iifl<.l:nus not received any <le::;aii'i h-r rates. I also u..-h the pubiio to know that \v r.llcu.in'j, church authorities to )■> !iara<M-d in this way the Coumil nako> !i !!!.»•»• •vch'.; i'.<r us in future t<» •hi'-c etii ft-hoojr«M>?n. a.> e have so :I!11!LL!y d"iie in l.be pa^^ > at the di--o->a; «ii nuh]j!• hndie.x uhose tjolo ei"ris "are cai-}i!atc«i to promote any hariiahlc o ; - sch'ntiih* purpose, or the nterc.>:s <jf tt:e hume.--es generally.*' ine other lietwepu the 'ounc.i and th-- Church ;*-;s a*• i;<r-h-

nui'-tion I 'I he C'ouni-ii bv -1 votes to H carri'd th" t'oiimviug resolution: "That tile <hnr:-h tni-iees be infornied that in aMowin- the vhurril hall in Paul street to lie used for a pub'd- 'e-cture .in the fail hist., uitli"UL having nppl-.'d for a lii-eii-- tiler committed a breach of • J u - provision's of the " M-niicloal Corporations Act. 1 (■..lit- M-I. sir. that- the vctrv were p>>rlei-::y riglit in not applying ior a license joj- tl'at particular occasion. tor it was an outertainnient in connection uith the work of the church and Tor snch no spoc.'ai iicensc ; s required. JVrsr-naliy [ it quite umikt'-iy that it ;s ihe intention of tile A.-t that_ all schools shall bj li- ' " :.:e| it then, doubtless "* fl teehiucal breach or the Act has'been commit toil by the an thorites of ai'i t!io f'tiT.'reh Schools in Waimate, Inifc if wo d-.d apply i'o: such a l-censs. no fee is ouargfabio so long as tho school is used lor purposes eonnected with the wo>-|c of tho church. !; it shmdd heroiind tliiit- ti:s Act does- require such a general license then T am quite sure that the authorities of all the schools will rec.Mv fall into liae.-I am etc Mackenzie GIBSON.