THE MUNICIPAL ELECTION.

West Coast Times, Issue 618, 17 September 1867, Page 4

THE MUNICIPAL ELECTION.

(feom the despatch, sept. 14.)

The time is fast approaching for the election of the new Coxmcil and Mayor of Hokitika. The date fixed by the Ordinance for the appointment by ballot of the rate-payers, of Nine Councillors, is the ninth day of October. From amongst the nine thus chosen, the ratepayers will have to elect in. similar manner on a subsequent date the (twentieth of October) a Mayor of the town. Of the nine members constituting the Corporation, five including the Mayor are required to retire annually ; the 19th

section enacting that the Councillors so to

retire shall be those who have been longest in office without re-election. This

provision does not apply in the present instance, because the whole of the Council, with the exception of Mr Prosser, who was returned to fill the vacancy occasioned by the resignationof Mr Charles Williams, were elected simultaneously. For such a contingency the Ordinance provides in the following words :—": — " In cases where the period of office shall have been equal, the majority of the Council for the time being shall, fifteen days before the day of election, determine the order in which the Councillors shall retire by ballot." We understand it is m contemplation for the present members of the Municipal Council toresignin a body, in order that an entirely new election may take place upon the first properly framed municipal roll that has been in force, We apprehend

that it would be strictly legal for them

to do so. When the Council received a memorial some months back, calling on them to resign, the circumstances of the case were entirely different. The 20th section of the Ordinance enacted that — from and after the date of its coming into operation, the Chairman and Councillors then forming the Corporation of Hokitika should be and remain'vn. office as the Mayor and Councilors of the town of j Hokitika under the new Ordinance, until the ninth of Octobet, 1867. On the ninth proximo this compulsory clause will cease j to operate, and members of the Council will be at liberty to resign. We think it exceedinglydoubtful,however,whetherthe provisions ofthelawwillbe complied with, unless the direction of the 19th clause is first carried into effect, viz., that " the I majority of the Council shall, fifteen days before the day of election," take such steps as shall cause four besides the Mayor's, seats to be legally and therefore necessarily vacated. These vacancies are not "extraordinary" ones, created by voluntary resignation, but vacancies created by law. The case stands thus. The Ordinance contemplates the continuance in office of the Corporation for the time being, until the successors of the retiring mem- • bers are elected. The 21st section enacts, that every election of Mayor or Councillor shall be held before a Councillor, or other person appointed hy the Council. The five members retiring by ballot retain office for the interval between the ballot and the day of new election. They arc competent to preside at the election of their successors, provided they are not themselves candidates. Aild so . the whole machinery of Municipal government goes ou, without any/j^tterregnuin. In the ease of a voluntary resignation. however, it takes effect from the moment. If the whole //Council go out of office in. a body, ..tk'ei'e will be no machinery

left byjjsnch new elections can take place.

It is" a contingency clearly never contemplated by the ordinance, and no provision has been made for it. If the Council proceed fifteen days before the ninth of October to designate by ballot four members to retire, in addition to the Mayor, in accordance with the 19th section, the continuity of the Council will not be

interrupted.

The five new members

elected on the ninth, will make up the full tale of nine, from amongst whom on the

20th October the citizens may elect their

Mayor. It will then be competent for the four old Councillors to go out by resignation if they please. We confess we cannot see how the simultaneous resignation of the whole body can bo made to accord with the actual provisions of the statute without suspending the Corporation. And if by any interpretation such a course can be brought within the meaning of the Act, it would

only lead to a repetition of the present

dilemma. The simultaneous election year after year of Councillors, would have the effect of holding indefinitely in abeyance the ordinary provision of the 16th clause. Even in the case of " extraordinary vacancies" which may occur, the new Councillors returned would only ste}) into the shoes of those whose places they filled. The 31st section declares "Every citizen so elected shall hold such office until the time at which the Mayor or Councillor in room of whom he was chosen would regularly have gone out of office, and he shall then go out of office' 1 This idea of a simultaneous resignation may be considered by the Councillors as a very chivalrous one. To us it ap-

pears a very Quixotic one, that is utterly

unprovided for by law, and that cannot be given effect to without virtually putting a stop to the whole machinery of municipal government. Nothing, we think, can be clearer than that new elections cannot take place except " before a Councillor or a person appointed by the Council;" that a resignation of the whole nine members

would cause the Council to cease to be

before the new elections could take place ; and that the only instances in which

retiring members can retain their seats until their successorss are elected, are those in which their seats are made

vacant by operation of law, as provided 'mtfie^lOth clause.

W<3 tf ust the Council will be well advised* beiSrc they take any decisive step which may possibly bring municipal rt&iffl 'te & dead-lock. ..,:,,"-•