TIMARU MAYOR IS RE-ELECTED.

Star (Christchurch), Issue 18008, 19 November 1926, Page 10

TIMARU MAYOR IS RE-ELECTED.

MR WALLACE GETS * UNANIMOUS SUPPORT. ANIMATED DISCUSSION BY BOROUGH COUNCIL. . (Special to the “ Star.”) TIMARU, November IS. Mr G. J. Wallace, who resigned his seat as Mayor of Timaru on Monday last, such action having been brought about through a technical breach of the law, was at a special meeting of : the Timaru Borough Council, held tonight, re-elected to the office unopposed. There were present at the meeting—The Deputy-Mayor (Councillor J. A. Hay) and Councillors T. W. Satterthwaite, P. J. Kelly, P. C. Vinnell, W. 11. Hunt. D. M’Nab, J. F. Arnold, F. B. Hawkey, F. Chittock, J. Benstead. W. Tutton and J. R. Hart. The Deputy-Mayor said that the meeting had been called by the Town Clerk for the purpose of electing a Mayor, owing to the resignation of Mr Wallace. He had one nomination before him, and asked if there were any other. There was no response to his query, and the Deputy-Mayor then said that the nomination was that of George John Wallace, and he had been nominated by Councillor Satterthwaite, and seconded by Councillor Vinnell. Councillor Satterthwaite: I rise to move— Councillor Arnold: A point of order! The Deputy-Mayor; What is your point of order? Councillor Arnold: Simply for the purpose of seeing that everything is done legally. I take it that the Town Clerk is the returning officer. He has the nomination in his hands, and that being so, it is for him to declare that person elected. Councillor Hunt: Before that declaration is made, I want to make a statement. Councillor Satterthwaite: I take it that the meeting has been called by the Town Clerk for the purpose of electing a Mayor. The fact of Mr Wallace being nominated is really only a matter of having his consent to the nomination. The correct thing to do is to put the nomination so that each councillor will have an opportunity of voting “Aye” or “Nay.” That being so. Councillor Arnold’s point of order cannot stand. The Deputy-Mayor: The Town Clerk called for nominations, and only one came in. This is a council meeting, and the business to-night must be done by resolution. It must be in writing and minuted. Councillor Satterthwaite: For the second time I rise to move that G. J. Wallace be elected Mayor of the Borough of Timaru. The motion was seconded by Councillor Vinnell. Councillor Kelly: Do I understand you to say that there is no occasion for a returning officer? The Deputy-Mayor: That is so. This is a council meeting. Councillor Hunt: I want to say I am not going to vote, and I am not going to take part in the meeting. Councillor Satterthwaite: Then why are you present? Councillor Hunt: You will know why in a minute. The Deputy-Mayor: You talk to me, Councillor Hunt. Councillor Hunt: We liaCe been informed by the Audit Department that Mr Wallace did not possess the necessary qualification to act as Mayor. We have been further informed by the Audit Department that the transaction was illegal at its inception. Mark you, at its inception. So it must of necessity have been illegal all through. According to the Department, Mr Wallace never legally had been Mayor of Timaru. If that is so, which we cannot doubt according to the authority of the Auditor-General, how can he legally resign from a position he never legally held? It seems to me impossible. Again, if Mr Wallace is not legally Mayor, he was legally entitled to receive payment for service rendered. You had a man filling the office of Mayor illegally, yet he can legally resign from a position he never held. 1 would like to see the case go to the Supreme Court. These are my reasons why I shall not vote, and I shall not take part in the meeting. I will now retire. Councillor Arnold: May I ask a question? The Deputy-Mayor: Yes. Councillor Arnold: The council has before it one nomination. The DeputvMavor rules that although there is only one nomination, a vote has to be taken of councillors; that he is not declared elected, although there is only one nomination. The Deputy-Mayor: You ask a question. Don’t make a speech. Councillor Arnold: If you can teach me much about public speaking The Deputy-Mayor; You ask your question. Councillor Arnold: Am I making a speech? The Deputy-Mayor: Yes. Councillor Arnold: Do you know what the question is? Will you order me to sit down? The Deputy-Mayor: No. Councillor Arnold: It is a. pity you are adopting an attitude which is causing friction at a meeting of this sort. All these twelve men sitting round the table ai*e gentlemen, and I am sure they will permit me to go on. The Deputy-Mayor: What is yo\ir question ? Councillor Arnold: I will come to that in my own time. The Deputy-Mayor: You ask your question. Councillor Arnold: You interrupted me most rudely. I was putting this to vou before. You have already ruled. There is only one nomination before the council. It is for the returning officer, not yourself, to declare the nominee elected, seeing there, is only one. In the event of a majority of the council voting against the person nominated, what will be the position? The Deputy-Mayor: You will have to go over the work again. Councillor Benstead: I suppose I am in order in making a remark. The Deputy-Mayor: Yes, you can make a remark.

Councillor Benstead: What I rose to remark was that I agree with Councillor Arnold. With all due respect to you, I think you most ill-advised in saying that as there is only one nomination this council has got to make itself look ludicrous and silly in voting on the question. There is neither reason nor rhyme in your ruling. It is a thousand pities you should have taken up this attitude, which has produced a certain amount of friction which every member at the table is willing to sink and forego. It is not necessary to take a vote when there is only one nomination, and if you can show me a precedent where twelve men have to vote for or against one man then you are a clever man. Councillor Satterthwaite: Don’t you went to vote? The Deputy-Mayor: Keep quiet. Councillor Satterthwaite. Councillor Satterthwaite: I will move a motion disagreeing

Councillor Kelly: I want to ask whether you will permit the Town Clerk to read the Auditor-General's correspondence stating that Mr Wallace is eligible to stand for the position. The Town Clerk then read the following letter from the Controller and Auditor-General (Mr G. F. C. Campbell) under date, November 12:— “ I have to acknowledge receipt of your letter of the Bth inst., and thank you for the accompanying papers and legal opinions. I may say at once that j the Audit Office and its legal advisers concur in the opinion of Mr T. Martin, the principle of which has been applied in numerous cases, and it is of opinon that the only course for Mr Wallace to adopt is to refrain from exercising the functions of Mayor or councillor till such time as he shall have been re-elected, in which case no further action on the part of the Audit Department would be necessary. I trust that the course suggested will be adopted, as I should be very loth indeed to have to take proceedings in accordance with the terms of the Municipal Corporations Act previously quoted.” Councillor Kelly: Thank you. That is the answer. I also want to ask this question: Is it not a fact that the electors of the town at this particular election had the opportunity and right to nominate some one for the seat? The Deputy-Mayor: Yes. There was no further discussion, so the resolution was put, all the councillors at the table holding up their hands. The Deputy-Mayor declared the resolution carried unanimously, and said that Mr Wallace not being present would take his seat at the next council meeting and would then sign the declaration.