MAYOR IN OFFICE

Timaru Herald, Volume CXLI, Issue 20445, 16 June 1936, Page 10

MAYOR IN OFFICE

INSTALLED LAST EVENING

GOOD WISHES OF COUNCILLORS

SOLICITORS’ OPINION

“As a result of the opinion expressed by the Borough Solicitors regarding the legal position involved in connection with the Mayoral election, I propose making the usual and necessary declaration. I shall then ask the Council to obtain further legal advice, and should this advice not confirm to that given by the Borough Solicitors, I shall regard it as my duty immediately to tender my resignation as a consequence.”

The above statement was made by the Mayor (Mr P. C. Vinnell) at a special meeting of the Council last evening held for the purpose of Installing the Mayor in office. There were present: Crs. P. B. Foote, W. G. Tweedy, J. R. Hart, H. J. Mathers, A. G. Foster, A. S ; Kinsman and F. b'. Hawkey. The meeting was presided over by Cr. Foote, who was acting-Mayor until Thursday last. Cr. Foote said that the meeting had been called in accordance with the law to enable the Mayor to make the customary declaration, after which he would assume office. The Town Clerk (Mr E. A. S. Killick) read the declaration, after which the Mayor said that before signing, he desired to make a statement. He then made the statement set out at the commencement of the report, and signed the declaration. Cr. Foote completed the ceremony by placing the Mayoral chain round Mr Vinnell’s neck. < '

Good of the Town

The Mayor then said: “On assuming the very important position of Mayor of Timaru, I wish to say that I fully realise the high standard set by my predecessors who have held this honourable office. It will be my duty, with the Council’s co-operation, to strive to maintain that standard. The task before us is to make Timaru not a town merely to be satisfied with, but to be proud of. We have amongst us divergences of views as to particular matters which will secure this, and it is necessary and for the good that such difierenees : should exist. But we have, I believe, a common object for which we can all wholeheartedly co-operate to make sure that the interests of those we represent are paramount. “This is a fine ideal,” continued the Mayor, “but a strictly practical one. It is not too much to say that if the Borough business is carried on with business efficiency and economy on the one hand, with foresight, wisdom and vision on the other, we can, in the course of a few years, go a long way towards achieving many necessary improvements which will benefit those we represent. We should welcome wellinformed criticism and suggestions, and (I venture to say that the work of the pouncil would be more effective if the people as a whole took a keener interest in the affairs of the Council.”

The Mayor concluded: “While fully realising our obligations to our own town, we must not be too parochial In our outlook, but should co-operate whenever possible with other local bodies in South’ Canterbury in matters which are essential to its growth and progress. Finally, to all our officers and staff, I ask for your co-oper-ation ,in carrying out the essential work of the Council in a manner which will reflect to our credit.”

Councillors applauded the new Mayor’s initial statement.

Deputy-Mayor Appointed

The Mayor said that the first business before the Council was the appointment of a Deputy-Mayor. Personally, he thought that Cr. Foote should be re-appointed, and he thought the suggestion would be unanimously endorsed by Councillors. He had held the position for more than 12 months, apd had done all that could reasonably be expected of him. During the last month Cr. Foote had had a most difficult period to go through, and the Council should pay him the compliment of re-electing him to the office.

The motion was seconded by Cr. Tweedy and carried unanimously. Cr.. Foote thanked the Council for again electing him Deputy-Mayor. He had told the Mayor that if he was elected he would have a free hand in the appointment of a Deputy-Mayor, and he regarded his nomination by the Mayor as a compliment, more especially as they had not always agreed in the past. He assured the Mayor, however, that he would be only too willing to assist him in his duties. The Mayor thanked Cr. Foote for the sentiments he had expressed. They had had differences of opinion at times and probably would have In the future, but that would not deter them from doing what they could for the good of the town. Works Committee The election of Mr Vinnell as Mayor left a vacancy on the Works Committee, and this the Council proceeded to fill. The Mayor said that Cr. Foote had expressed a desire to secure experience on the Works Committee, and seeing that he had been on the Council a long time, they might comply with his wishes. Cr. Foote said that he would go on the Committee on the understanding that he was relieved on the Omnibus and Electricity Committee. The Council agreed to this, and appointed Cr. Foote to the Works Committee. Cr. Tweedy was appointed to replace Cr. Foote on the Omnibus and Electricity Committee. On the motion of Cr. Foote, seconded by Cr. Kinsman, the appointment of a temporary chairman of the Works Committee, during the absence of Cr. W. H. Hall, was left to the committee Itself. Council’s Good Wishes Cr. Tweedy said that the DeputyMayor had expressed his personal good wishes to the Mayor, but he desired, on

behalf of the Council, to extend good wishes. He felt that Mr Vinnell’s election was a tribute by the citizens to the long service he had given the town. He was confident that the Mayor would carry out his duties with credit to himself and with benefit to the borough. He could assure the Mayor of the good will of councillors, and expressed a hope that he would have a happy term of office. The Mayoi- said that in any work they undertook in this life, if it was supported by the good will of those associated with it, it was half the battle. He did not anticipate any difficulties, as he felt that the Council had the welfare of the town at heart. It was necessary that people should differ for in that way they made progress. He proposed to act in an Impartial manner, and would not be a party to any cliques. So far as he was concerned, if there were any differences of opinion he would think that the other man might be right and he might be wrong. He was desirous of seeing the work done in a manner in which everyone would come along to the council meetings entirely free. The Mayor thanked Cr. Tweedy for his remarks, for he felt that they were true, and not said simply because of the occasion. LEGAL OPINION POSITION REGARDING MAYORALTY The next business of the meeting was the opinion forwarded by the Borough solicitors (Messrs Perry, Finch and Hudson) in regard to the Mayoralty. The Town Clerk said that the opinion had been circulated to councillors, and suggested that it should be received. On the motion of Cr. Foote, seconded by Cr. J. R. Hart, the opinion was received, and it was decided to hand a copy to the newspapers. The letter, which was dated June 11. read as follows: — “We have your favour of June 10 instructing us to advise whether or not Mr C. E. Kerr, who is a member jf the Timaru Herald Coy., Limited (a company having 12 members only) is disqualified from being a candidate for the Timaru Mayoralty. The Council advertises in ‘The Timaru Herald,’ a newspaper owned by the above company, and has also entered into contracts for jobbing and printing work with the company, the sum of £3O/19/8 being owed therefor by the Council to the company as at yesterday’s date. You have also informed us that Mr Kerr yesterday withdrew his nomination, and you desire to be advised, as Returning Officer, of the steps you should now take, and whether, if no poll is taken, Mr Kerr is entitled to a refund of his deposit.

Nomination in Order

We beg to advise as follov,

“The first proviso to Section 3 of he Local Authorities (Members’ contracts) Act, 1934, states that an interest in any newspaper in which a Local Authority inserts advertisements shall not be a disqualification under the said section, and we are of opinion that as the Council advertises in ‘The Timaru Herald,’ which is printed and owned by the Timaru Herald Coy., Limited, Mr Kerr’s interest in that company does not amount to a disqualification, and that his nomination is in order. We disagree with the opinion expressed by the AuditorGeneral in his telegram of yesterday's date, that Mr Kerr is incapable of being elected, if the company, at the time of nomination, is interested in uncompleted contract or contracts with the Council in excess of the limits mentioned in the above Section 3 for printing and propaganda advertising, other than newspaper advertisements. The section provides for disqualification, and must therefore be strictly construed. Mr Kerr, in our opinion, comes within the exemption, his interest being in a newspaper in which the Council inserts advertisements, and we cannot see how the fact that the Council has other contracts with the company, apart from advertising, can deprive him of the benefit of the exemption. “We should like to observe that the question of whether or not Mr Kerr is disqualified is not a question for the Returning Officer to decide; his duties are ministerial, and he could not, because it was suggested that Mr Kerr was disqualified, refuse to allow him to proceed to a poll. The authorities are clear on this point. Poll Not Necessary. As, however, Mr Kerr has voluntarily withdrawn his nomination, we advise that a poll is not now necessary, there being only one other candidate, Mr Vinnell, and you must proceed forthwith to declare him Mayor, following similar procedure to that set out in Section 11 of the Local Elections and Polls Act, 1925, and later get him to make the declaration required by Section 25 of the Municipal Corporations Act, 1933. at a properly convened meeting of the Council. "There does not appear to be any procedure laid down by Statute dealing with the case of a withdrawal by a candidate later than seven days before the polling date, but such a withdrawal is not forbidden in New Zealand, and any course other than advised by us would lead to an absurd position. “As to the return of the deposit, we are of opinion that this may be returned. Section 19 of the Municipal Corporations Act, 1933, provides for the return of the deposit only if the candidate does not poll one eighth of the votes polled by the successful candidate, or, as the case may be, by the successful candidate polling the fewest votes; but otherwise It shall be returned to him. It would be wise, however, to obtain the approval of the Audit Office before paying the amount to Mr Kerr.” Town Clerk’s Report. A report had been prepared by the Town Clerk regarding certain anomalies in the Act, but consideration of this was held over to a future meeting.