CORRESPONDENCE.

Wanganui Chronicle, Issue 12856, 8 October 1912, Page 6

CORRESPONDENCE.

MANGAWHERO EOAD BOARD. WANGANUI COUNTY COUNCIL. (To the Editor). Sir,: —My attention has been drawn to your report of the- last meeting of tho Wanganui County Council, when •hat body discussed the quashing by the Supremo Court of the Special Order made by the County Council merging tVo Mangawhero Road Board in the (Vmnty Council. From the report it would appear as if the action of the Road Board was trivial. (I am of course assuming that your report is an accurate one). It will bo just as we'll -o lot the public know what the true position is, and it will then be manifest that so far from being trvial, the action of tho Board was not only justifiable, but hi the interests of the Ratepayers. The grounds of tho Notice of Motion for the issue of a- writ to quash tie Special Order were :— 1. —That the Petition of Ratepayers of the Mangawhero Road District upon which such Special Order purports to have been made was not verified b.v -statutory declaration in manner ua prescribed by Section 5 of the Counts'. Act, ISJIOS. *2. —-That tho said declarations or purported declarations are roc stamped 'ii accordance with 'aw. 3.—That tho said petition was signed '::> less than a, majority of the ratepayers of the Mangawhero Road District. , "Before proceeding with- the mattei, ■and before the Special Order was confirmed, Mr. Speed, a Mangawhero Road Board Councillor, Mr. Fairhurn the Clerk, Mr. Gordon the Board's Solicitor, and myself waited on tho Council and pointed out that tho petition was not in order, and that if the Council persisted in making the "Special Order, steps would havo to be taken to upset it. Mr. Gordon expressly pointed out that less than a majority of tho ratepayers had signed tho petition, that some of tho signatures were irregular, and that' several petitioners had withdrawn their names, as they had not understood tho effect of tho petition. Notwithstanding this, tho Council in its wisdom, insisted on making tho Special Order. Tho whole of the facts upon which tho Notice of Motion was based appear in affidavit. The Council did nothing because they were advised thattho Council had no defence, not as the Chairman would have it, to avoid litigation. It is of course- a wise thing to do, to consent to an order when you can't resist it.

Tho facts of tho matter are: Them nro 180 ratepayers on tho roll entitled to .have a say in the matter.

Tho Council procured 9-1 signatures. Twelve of those •purporting to sign wvvn not ratepayers, two .signatures had boon flupl'eated, two ratepayers had signed I)- t!:o'r attorney 01 agent. Five Xativo signatories withdrew their signatures when they understood the meaning of thti petition. (There was no Maori tran*■■lation on the petition). Without taking the fivo withdrawals into account, there; wero 16 signatures in tho petition that wero either irregular or should not hava boon there, reducing the correct signatures from 94 to 78. If the fivo withdrawals 'are also counted the reduction would bo to 7-3. In any case, tho C'onno'l had not a majority as required by law. Yet, in face of this, and although warned that it was so, they persisted in making tho Order. Tho statement that objection was taken to !\ii". A.'.!?n. who witnessed some of the si s/.nn lures, not being a resident, of the M';ii>gawhcro Distrirt i. not correct. Xo other objections wero taken than those rp/vi! 'ov-r'\ in tho XoHro of Motion ?-:>t out above. Mr. ■ Whit-oman lias on dear-oni-p/l +o imnort into the matter "tho rr>!.');ir our -lion." Out of +b. n ISO nnmei <•■■•> t l-. r^U. }.?.l aro Kuropoans, H7 >':>■-■!•;=!. ()T th--> <M f,igint?jrr';"obt:!ir)r.r]. F:l ivcivi Knrnnoan. Irl1 rl X':tive. Tho p-_-. ? -r.-|i lf ,; f ,p \ i,-> I?tk1 Board is nv. n-a---?-r;rh>.?ih viMittev. so important that tho I'?v,- r^fi'iires tho verifir-ati-on of all. signatures by statutory declaration f'vith i l'-? usival consequences if tbo dcclarat'on is vroncrV The Council eh.r^o to ignoro all ib^-n ni^tte-vs. Tho public ■ran f^rm their own judgment as to the p-■\itl--sn.—T n?7i. r>+r>.. "WTT.TJAM COXXOR.