YOUNG MEN'S INSTITUTE

Waipa Post, Volume 32, Issue 1787, 27 July 1926, Page 5

YOUNG MEN'S INSTITUTE

1 MEETING OF MEMBERS. TO DISCUSS FUTURE ACTIVITIES. A meeting of all members of the Te Awamntu Yoirng Men's Institute convened by Mr J. Oliphant for the Bori ougb Council chambers last evening, - , was not 'so well attended, a s hoped', only about fifteen persons being present. Mr Oliphant presided. At the outset Mr D. Bockett explained his position, saying that when the original Young Men's Institute was disbanded or .went into recess the books were handed to him as town clerk as representing the Borough Council. That was many months ago. Recently Mr Oliphant borrowed the minute book, and When asked to return it Mr Oliphant declined to do so. The Borough Council that evening refused to further discuss institute 51fairs until >the minute book was returned 1 to the town clerk. He had, then been asked by Mr Oliphant to sign an acknowledgment of receipt of a ■"borrowed minute book." 'He (Mr Bockett) declined, as the minute book was the property of the Borough Council He ignored the receipt, and -would not produce the minute book unless he had an assurance from the chairman or the meeting that the minute book would not be removed from the room. • *!.« That assurance w.as given *y tne chairman. Mr McCarter said that the point at at issue seemed to be whether or not the minute book belonged to the members of the old Institute. He had no doubt the'book belonged! to the Institute, which was not out of existence, including with old members any new ones since elected, It was only fair to Mr Oliphant to state that he had conferred with the Speaker a s to the correct course. The delsire of the old members, of which he was one, was to work in amity with the Borough Council. Those members who had handed over any property of the Institute to the Borough, Council had done wrong, however unwittingly. There were many slipshod) actions bristling with technicalities, but those points should not be .raised if the best interests of all concerned were to be 6e SrJ W. McCarroll said the Council was in accord,, bu)t everything that had to be done must be done ma proper manner. The Council as a whole wa s in hearty accord with the desire for an active young men's institute. The chairman said he had always •been opposed to handing over the Ink ,stitute's property as a free gift to the Council; At his instigation Mr C. G. Downes had added to his motion .a clause that the tranlsfer to the Council be under section 302 of the Municipal Corporations Act, so that the asset would be retained on behalf of the Tung men of the town. That action served to permit the trustees to discharge themselves of their trust hon- ° went on to Quote from the Institute's ruiles to show that the Institute should, hold the pro|«g g the Institute. Therefore the, J*J*tate could not be wound up, and if it was wound W such action was■ tej*g£ What had 'been done might not have En regular, but there were many Sholes in the whole procedure He JJ to say that the Council at his request, had given him six months £ Sh to revive the In***}- He d°d not succeed within the allotted Se, but soon after the six »«*.£ fmmd time to take active steps. Mr Sownes and Mr A. G. Warburton were ouite wrong in saying he had not notifiedalT old members. The only one he could recall having omitted ** Mr Bockett, and his name had «• tje Ume pscaned his memory. Messrs war burton' Downes, L. G. Armstrong and others had been duly notified of the m Sr il g: .Spinley asked how far back tire sDeaker was going m his con SderS of names as members of the said he had senx out two hundred notices, but had no list two nunuieu ' lvin g 0 n mentor., of names. He was reryi"b and sending notices to all whomn thought would be interested. Relet SSto the minute book, he took all responsibility, and had £7»J** Bo & ett an assurance to that effect He (the speaker) regarded -the minute book a s belonging to the Institute, and it should be held by ■he secretary Mr Bockett was holding it on behalf of the Intaitute not of the Borough Council. However, ne wished to get on with the business of tie meeting, and asked for constructve* Seism. Before Proceeding, however the chairman said, he had to an nlunce that Mr S. A. McNamarawas ■ unable to continue in office as honor arV secretary of the Institute. Mr McNamara was too busy to retain the. motion of the chairman and Mr H. V Holmes, Mr Wells wa s appointed to the vacancy. . for absence were received from the" following :-His Worship the < Mayor (Mr Armstrong) and Messis fa. McNamara, C. A. Reilly,G. O. Jogton G W Mairs, J. Ramsbottom. C. Baker, g' M. Blair and 6. S. Preston. ' The new secretary then read the minutes of a meeting held on July 7tn, S which officers of the Institute were elected, Mr B W. McCarter presiding. (A report of the meeting has already been published). ' , Cr McCarroll, at this stage, took exception to one of the clauses in the minutes As Mr Chairman was perSy aware, the club did not take W over the section under the section 302 S as stated in the minutes. They took it over without any obligation. The minutes were incorrect. The counci •declined to take over the section under that section, and later it consented to take over the property without any restriction. That was the crux of the whole unpleasantness. Mr McCarter said it was wident there was a misunderstanding. He had perused the minutes, and was satisfied there had been misconception between the institute's officers and the council. The oifer of the council to 'take over the property without obligation was not carried into effect. Hence the hitch. , _ ~ The chairman referred to the Institute delegations remarks to the Council when Mr Empson had stated the Institute was giving the Council the section as a free gift. Mr Empson had heen wrong in that statement, and his

action had not been confirmed by the Institute executive.

Mr Spinley said he and Mr Downes were members of the Council at the time, and Cr. Downes was the first councillor to object to the Council taking over the property otherwise than as a free gift. Argument followed on this point, Mr Spinley pointing out that it was not denied by any members of the Institute that their delegation had, given the section to the Council as an untrammelled gift. Cr McCarrol stressed the point that the Council had no antagonism to the formation of a.Young Men's Institute. It was argued that agentte could not bind the Institute to a bargain. Mr Bockett asked why the seven original members had not met to consider the rescinding of the resolution. The chairman said they had been requested to attend, buit had not done so. Then the minutes of the meeting of 7th July were adopted without dissent. The chairman read the notice of motion, moved on 7th July, .by Mr C. A. Reilly: "That the section 38, TeasdaLe Settlement, be handed over to the Borough Council under section 302, Muncipal 'Corporations Act, be rescinded." Mr Spinley, at this stage, expressed the opinion that every man in the town was well disposed to the project for establishing an institute in Te Awamutu. He knew that the Council had no wish to " grab " any property, but it should act as a guardian while the Institute was moribund. Mr W. F. Y. Stewart had, many years ago, purchased the section for £lO, and the Institute was brought into active being. It was a really live institution for some time, and then it waned, until there was no activity at all. There were now liabilities, and if the Institute was revived those liabilities must be liquidated. (Plans had been drawn for buildings that would at the present day cost about £4OOO to erect. The building was not gone on with, there being a feeling that it would not prosper, and thus the asset would pass into private hands. There wafe much the same feeling now. Youhg men nowadays were not noted, for subscribing a fair quota towards the maintenance of their favourite form of recreation. There was little use denying that contention. Mr Downes was in accord with him in the view that if the Borough Council took over the section it would feel morally bound to act as sponsor for a young men's institute when there was a reasonable prospect of the institute being selfsupporting. If the ipresent active members persisted the section would he handed back by the Council, but he advised the young men to be very cautiouls and satisfy themselves that it was sure to continue in an active state. Mr Teddy said that the Institute wa!s " going strong" until the great war. Mr 'Spinley said it was not the war that caused the In'stitulte to close through lack of support. The chairman said it was pleasing to hear. Mr Spinley's reference to the •Councills moral obligation. Had the Council made that contention clear he for one would have 'been heartily in accord; but he was opposed " tooth and nail " to a valuable section belonging to the young men of the town being handed over a s a gift to the Borough Council. Mr Sp'inley hastened to say that it was not the Council, but himself individually, who held that it would be a moral obligation.

The chairman 'then quoted- from records to show .how .the section was obtained. It was set aside for the as an -endowment foi f educational, religious, or recreation purposes, under section 70 of the Lands for Settlement Act. His authority was the registrar at Auckland. Mr McCarter said Mr Spinley s remarks were very instructive and helpful as Ito future policy, for they gave a viewpoint for future consideration and action; but for the present it Avas incumbent to consider just what action was best under present conditions. It might be necelssary to mortgage the section with which to pay off liabilities. Perhaps voluntary-sub-scriptions would be large enough to obviate the necessity for a mortgage. He knew that there was a fear, fairly general in 'the town, that the section might be mortgaged, and later transferred to the mortgagee. He for one would not like to see any liability incurred that might involve mortgaging the asset. However, a really live executive would or could be elected to protect the interests of .the Institute. That would put the matter on a sure footing. The chairman then read two letters from Mr Warburton expressing his opposition to any new society altering the resolutions of the old society. (The first letter was published after last meetrng of the Borough Council, and the other is as under) : " Referring to my letter of 10th July, I regret, ais indicated therein, that I will be unable to attend the meeting this evening. The attached, reports of meetings held two years ago will serve to refresh your memory as to the intention of the old members, and I think it must be clear to you that it was plainly the intention to hand over the section and disband, Messrs Empson, Reilly, and yourself being virtually appointed to 'the position of liquidators. Messrs Empson and Reilly watted on the Council and handed over the section, and, it was formally accepted by the Council, and, from what I can gather, you alone have hampered the legal transference in terms of the arrangement they made. Without unduly commenting upon the rights or wrongs' of .the past, may I suggest for the consideration of to-night's meeting thtt the experience of the past shows the possession of the section is not essential to the well-being of the Institute. Rather it has served only to accumulate a debt. Its occupation will force the Institute into a rather costly building .scheme, and leave the Institute at the meroy of a mortgagee should history reipeat itiself and interest in its affairs wane. Could it be hoped that, without a mortgage, the Institute will obtain necessary finance to liquidate debts against the section and erect buildings of the class rehired in that locality? I venture to sav that had the old Institute mortgaged its assetls Ave would not now be discussing the ownership of the section. I suggest 'that the present Institute should honour the intention of

the; old members and complete the transfer to the 'Borough Council so as to assure public ownership of the section. This; in terms of the arrangement reached, will liquidate all the old debts and impose a moral obligation -on the Council to assist an institute. ~- Starting from a fresh start, I would suggest that an immediate conference be convened! by you)r executive of the baths committee the Rugby and hockey unions, and kindred bodies with a view to devising ways and meaniS' of erecting buildings and providing appointments at the swimming baths. 'Experience shows that membership of all these bodies is almost identical; . the baths are used in the summer, and the Institute claims chief attention.in the winter. IBuildings and appointments so provided would.have a wider and an all-the-year-round use. It would'be a cheaper Ischeme, and, one more likely'to be successful. I welcome the efforts to promote an institute,, and,, though I offer a suggestion, please do not regard this as in any way removing the objections contained in my letter of the. 10th instant."

The chairman also read the report of the Institute meeting held on 26th August, 1924, when the matter of dealing with the section and other assets of the Institute was dJscujesed. The report of a meeting of the Borough Council, held on Ist September, was also read, when the Institute's delegation offered the section free and untrammelled. A,letter was also read from Mr C. G. Downes, stating that he desired that the affairs o fthe old society should be settled before he would be inclined to join a new and similar organisation.

Mr McCarroll quoted from the newspaper reports to show that the delegates were deputed to negotiate for disposing of the Institute's property, so that the Institute could be wound m'p. It was, he said, quite clear that the Council regarded itself as holding the. property of an organisation that had been wound! up. 'Supposing the :five or six members of the old Institute decided that they wanted the section back again to start another institute, what would be the Councills position had it previously handed over the section to the new organisation? The chairman said the institute had been incorporated, so it must do things in proper form. Mr Bockett said the seven active members of the original Institute intended to meet and take steps to rescind the old resolution. They had not yet met. , Mr McCarter said the old jhembers would first' of all have to elect sufficient members to make the number 'fifteen, as required by law. Mr Bockett said the seven old members were well disposed to the new organisation. There was a right and a wrong way to proceed. Mr McCarroll, said the Council took the same view. ~ • , Mr-McKay suggested adjourning the meeting to allow theteeven old members to take the action indicated. That would clear up the whole position. Mr McCarroll said the Council desired to be sure it was on a safe course. "' Mr Teddy said it was evident not •much progress could be made until the old members had met. It was stated there was not much difference-in ethics between the two bodies. Mr McCarroll pointed out that it was pleasing to hear the members approaching amity. / Mr Albert. Patterson asked could not the section be sold or leased and a cheaper section be acquired, Cr McCarrol expressed himself as favourable to the suggestion that a site be obtained near the swimming baths, so thaifthe building would be used for both purposes. Mr Spinley thought not much would be gained by leasing the old section, as it would be hard for a lessee to raise money on it. The title was not good enough for a borrower. Mr McCarter regretted that the seven old membes had not attended. He asked would the meeting rescind the earilier offer to the Council. If that were done those old members could be asked to co-operate. He moved to this effect and pointed out that it could be explained that this action was only taken up wth a view to expediting matMr McKay seconded, and the motion was carried unanimously. The chairman then stated that tne balance-sheet had not been supplied to the Registrar as required by law. He had submitted the 1925 balancesheet but this required confirmation by a general .meeting.—The balance sheets for 1924 and 1925, as read, were thereupon adopted. Mr McCarroll raised a doubt as to the ownership of the section, but the chairman said the section was still the Institute's. . . The chairman: The motion that evening was to rescind an offer. The offer had not been .finalised. He advised Mr McCarroll to search the title. For Mr Reilly, the chairman moved the election of a list of members, totalling 61. A supplementary list of 14 was also proposed. Mr Bockett asked why Messrs Oliphant and Reilly were listed as members, while other old members were not included. He thought the old members should be listed. It was pointed out that the persons named were still on the registrar as members. Mr Bockett then referred to the help tendered by Rev. G. T. Robson and some others to establish an undenominational, gymnasium. Mr Robson had enouired what prospect there was of amalgamating with the Young Men's Institute or in other ways co-operat-ing. The gymnasium was doing good work. Mr H. Holt pointed out that the children's classes had been conducted for four winters. Classes for girls, young women and young men had been conducted for two winters. Much, of the apparatus belonged to the individual members, under the aegis of the St. John's Gymnasium Class. Negotiations were referred to the committee.

Suggestions were made that the Institute members should have a distinguishing badge or colours. Perhaps next winter there would be an Institute football and hockey team. The town's colours were blue and gold. An honorary members' r oll should be established. Mr Oliphant said he had already had offers of £5 ss. £3 3s,

and smaller amounts. The banking account had a credit balance of £3 10s. The old accounts should be paid off as soon as possible. A wrestling mat was also necessary.

It was decided to open an nonary members' list. Reference was made to the accident sustained by an enthusiastic member, Mr C. D. Storey, and the hope expressed that he would soon be restored to health.

Answering a question by the chairman, Cr McCarrol said the Council is under the impression that they are at present owners of the section as a gift from the old members of the Y.M. I. By the actions of this latest meeting it seemed that the council was being ignored. He .had wished that before proceeding the officers of the present institute had conferred first of all with the Council. When a proper understanding had been reached, they could go ahead with all good wishes. An essential to success was agreement with the Council over the section.

The chairman suggested that the meeting that night was necessary to show the Council that the Institute was a really live, substantial body.

Mr McCarroll wanted to know whether the Mayor and the town clerk were trustees of the property, and when were they appointed. The chairman: Some four years ago, and they are confirmed in that position each year. Mr McCarter commended the idea of the Borough Council becoming a member. That body's representative would have three votes, and thus it could assist materially in keeping the Institute's affairs on a sound basis. He favoured sending a deputation to the Council to give as much information as to the Institute's affairs as possible, and thus remove any existing misunderstanding. Mr McCarroll thought that as soon a's those misunderstandings were removed there would be plain sailing. Mr McCarter thought that the Council would ask Mr Downes and its solicitors to report. That official could perhaps confer .with Mr Oliphant and the speaker.' If the Institute could convince the Council that there had been continuity of the old organisation all obstacles would be removed.

Mr McCarroll raised the point that while the minute book was in Mr Oliphant's possession the minutes of a recent meeting had been added. It would have been better to have added nothing to a borroAved book. Mr Holt suggested that the original seven members be asked to rescind the old resolution. That wouAd remove any obstacle. Mr A. A. Chittenden, after apologising for his late arrival, said he understood the old members,would oppose reviving the old organisation. From what he could learn, the old members desired, a new organisation formed, and they would be supporters. Mr Spinley said there was no real need for hurry. The Council really thought the section was handed over to it, free and untrammelled. He suggested asking the Council to delay any transfer for eight or twelve months to see if the present organisation was really a live body with good prospects of continuing as an active organisation. The 'Council had no real desire to " nurse the baby." The chairman told Mr Chittenden that no transfer of the section had, ever, been signed. Mr McCarroll said the actual completion was delayed only because.Mr Oliphant had blocked it by refufeing to sign.

Mr Chittenden said he was not altogether in favour of asking for the section back again from the Council. He thought it better that the section should remain in the hands of the Council. That wa s the intention of the old members. With these views he did) not feel that he could, go as a delegation to the Council. Until the old members had rescinded the original resolution he felt that it would be unwise to proceed.

At tihs stage Mr Bockett corrected a statement made by the chairman that the Institute's section referred to was No. 37; actually it was section 38. He thought the new members were not benig properly advised. To Mr Chittendeti, the chairman quoted from the terms of incorporation to show that the resolution to wind up was quite out of order. The confirming meeting was held! fourteen days after the original meeting, whereas the Incorporated! Societies Act stated thirty dayte.

Mr Chittenden said the mistake was a technical one. and not done for any ulterior purpose. It would be unwise to antagonise any section of the public if the Institute desired to prosper.

The chairman 'said an order of the Supreme Court was necessary to wind up the Institute. Mr Bockett. said the Institute (should, be grateful to the Council, for the Council coulld have had the section sold to defray the amount of outstanding rates. The chairman s aid the object of the proposed deputation was to show the Council that the Institute had never been dead, and was very much alive. He agreed that the Council should preserve a trust to keep the section for ultimate use of some organisation's-uch as a young men'te institute. It wa s decided to £sk the old members to hear Mr McCarter explain the meeting's viewpoint at a meeting next Friday evening, with the object of a deputation waiting on the Boroufeh Council next Monday evening. A vote of thanks to 'the: chairman terminated the meeting.