NGARUAWAHIA.

Waikato Times, Volume XV, Issue 1284, 21 September 1880, Page 3

NGARUAWAHIA.

Meeting of Ratepayers. Newcastle Ik accord VJW.\-vBilW by Mr EWyj chnirarfan^otj the/ Newcastle District' teofW,^'«viklWir-Ttl the columna of the , WaJpcaTsp , Tuffifc, there, wai ' » large and influential body ojE, ratepayers a**embledT ou Saturday at the Koyal MaH^d&V^Sfarua'urihia, to consider the Government correspondence relative to the disputed electfou of the Newcastle Board, and also to consider what aotiou should bo taken in reference to Goverttt ment lands withdrawn from sale 1 . Mr E.'. Fitzpatribk was unanimously voted to the chair, ' and after reading the notice calling the' meeting, remarked that it appeared front the advertisement that the Newcastle District had a Board. As they were called together that day by notice under the ' hand of the ohairman, however)' there 1 appeared be a difference, q!,] opinion on this head, and it wa» to be de- - ptoredthafcsuch astateof things existed, wheraby faftocent parties, the c6ntractors f »r works that had been undertaken and completed in the district, were kept out of> their 'money. He wbuldi now )be glad to receiVe any resolutions the ' meeting had on the! subject. , • << ; 1 Mr. . Cornelius Day said the advertisement referro 1 to oorrdspondence 'wifefi'VnV ntonjthe'eubject of the dispute, and he begged to hand the chairman a lp^er/^ecp^T^d iJ»y tfa*,.€|h«irraan of the Jate -Board, Mr. L. B. Harris, from the Odloliial Secrfj|^B\^ffito, following letter wmys&' 'rxeM »J t ;*he Chair* "man":—" \y ~,.-j \\ J ** J'\' r * 7 >< Wslljngtpn, August 26. \'fi Sir,— Ptt&itfiSrWth^ringing into operation in the Newcastle High way Dis"trict of tn'e Regulations of Elections Act, lSSaJiTilefclJri^am directed by the (,!t?olopial ( ,!t?olopial Secretary to inform you that t ,ig evident th»t the proclamation bringing the,Acfc ;»tp force ia bad in law ; but as it w*> .issued by, the Governor upon incorcept data, furnished by, the local body, that body, ,-W responsible for any con- , sequfinoeo that may ensue. The, legality of the respective elections must be tried by : the competent Courts. ' ' .Itfcr. H, M. Salmon was of opinion that th^.Qoyefnm^atx should, appoint a Commission "W mariag^ J the° affairs of tho Board f on "the eksuing year, to enable the ratepayers at a future peflod i to bring into effect' the Local 1 Elections Act in proper form, and he would move the folid wing resolution ; " That 'a memorial be forwarded asking the Government to appoint a Commission for the Newcastle and that this meeting reodttr- ■ Triends 1 those ratepayers who' received the highest number of vot^s ' at' the late disputed election, to form such Commission." < Mr, £.' Fit*p<itrick said he did not agree--to thia proposition^ as he considered the' Board as constituted did not f aiily repreBent^thjftjd^Bttißtr some parts of which, under Ui^t arrangement, were quite overlooked. Neither of the two Boards, for that reason, properly represented the district. It had beep j'Wt a trial of strength, and under the lx>cal Elections Act the Whatawhata end had had the best of it, and no matter hpw great faith we might have in, those gentleman, other, partq of the cjistrjet require^ representation ; hitherto it had been so arranged that at elections it was understood that a board should be selected from all different parts of the district. . for these reasons, he would suggest that the Government be memorialised to appoint a Commission, to consist of the R.M. and two J.P.s from outside the district 1 , as a much more impartiul tribunal to inquire into the matter tkan could, be, obtained from the rate, payers. „ j\fr. W. .Johns disagreed with such a course. He did not' consider outsiders knew anything of their requirements, and thought a QommisMon should be appointed from the ratepayers. To obtain the, services of , outsider* meant an expeuditure they could ill afford under existing circumstances' ; but at the same time he thought that the Government might Appoint a Commission to inquire into the circumstances of the late election, with a view to confirming that one under the Local Elections Act. ~ ~ > Mr. Crawford said he was unfortunately a victim to the present* position of affairs, and,thft£ the ratepayers' ihduld take the matter up, to see that the contractors were paid soon. It was no doubt through the action of the late Board they were in their present position, as thd ratepayers rested satisfied that the Local Elections r Act had been legally brought into force. ' Mr. Corboy iu>ked permission from the Chairman to rend a rough draft of a memorial he had prepared on the subject' to forward to the Government; and be thought if the meeting would hear it, they would have a clear idea of their position. After this had been read, Mr. A. Dawson withdrew an amendment he had. proposed to Mr. Salmon's motion. The original motion , having previously been seconded by Mr. Hpbba, was then put the meeting and carried. ' It wa«i t-hen proposed by Mr Salmon, seconded by Md/ajy and carried unanimously, that the following ratepayers — Messrs Corboy, Johns, and the mover— be chosen to form a Committee to carry out the above resolution.

"WITHDRAWAL FROM BiUQE OF SUBURDAN , ! ' I.ANDS; The Chairman 1 rend a telegram that had been received from the member for Waipa. It embodied i rej?ly from Mr H. Mliottf, Under-Secrettiry for Lands, to his enquiry for the reason of the action of the Government, and to this effect: — ♦'The few' sections at Newcastle advertised for sale to^dajr were Withdrawn on account of the report of the Native Affairs Committee on Major Te Wheoro's petition. • They' 'are not permanently withdrawn, and ' oah be put up at any time 1 after due notice." Mr 3. B. Why*©* M.H.8., who had been communicated with on this subject, and had very kindly attended the meeting, at this stage explained that Mr Wnitaker previous to 'the session had spoken to hjm on the subject of these lands, and he lad agpejed to assist him in any way 1 required. .'rJß^was^ quite sure tbj§t tfep member fptWafpa was satisfied that no wotftpbijeur h>3he>3e lands being sqW, a^d,, ****$ Petition of Te Wheoro'q mjwt haw cropped up since the session ended, Whence heard that these lanjds J»a4 been withdrawn, he immediately, tpo^ »t»p| to ascertain the reason* and telegraphed to the Minister forjuands, whose reply appeared in that' ' dayMssne of the W iikato Tnqw. Mr Wnitaker would be, in Wellington in a day pr two, and they might xe»t assured that he,, woulo^ get| the matter set to tights. During the session aWa&ato Lands Act had "been introlu<|ed for the purpose of giving back lands to King natives upon certain conditions* These lands, hdwwrer, were l understood, to be apart from European settlement, and he raised no objection to the passing, of the* Bill, as he thought it' would tend to alienate the natives from their isolation. Mr Tlv. Fitzpatrick then read a teleirrim he iust received from Mr Whitaker, as follows :— "I was as much surprised tA withdrawal from, sale of lands a« the people of . Ngaruawahia. A telegram from Huntley Elliott to Edmund Fitzpatricfc partly explains matter. I shall be in Wellington on Thursday or Friday,' and will have explanation from TtfinTsfeTpers6nally. 1 have every confidence that jrisiice will he done." , Sff • Cforboy said be was gxievea to hear ! that Uiere ««' »»y <&**&* 'M .* ne lan £s going mtQ tne'todß of the natiyes. It

meant simply, ruin to their part of the district. 'If the natives had any claim, it were better to pay it in cash— that it would bo Jnoumbent upon the people to resist to the ' Uttermost any attempt* to settle natires near the centres of population. , TJho .following resolution, waa Jhen progoaeo; W Mt Salmon, /sepolnd^ by Mr Oorboy, and carried unanimously, " That the action of the Oovernment in with* drawing the suburban lands from gale on various occasions aft^er advertising thorn — tW riatne having again recently occurred — is a grievous injustice to the district o^Newcaatle jand .town of. Ifgaruawahia. That the npsistottt i^otts of the, people W have' thSsfl l«n&j thrown open for (Settlement have been treated with contempt; in consequence of which the district languinhesjf and property has deteriorated in value. We consider that if the course of injustice hitherto pursued towards the district be persisted in that the unfortunate people who invested their capital' mjbhe plaoeC'atfe'Sj&sitly entitled to '"ctfttqjetisation, and that this meeting protect against the Government giving any ptyrtibtf tof lands acquiired for European settlement to natives, more especially adjoining centres of population," Mr T. V: TOSpatrlok said before the 1 meeting terminated he begged to move the following resolution to testify tljeir B ajjpwoiation a^. a#k^w^gpmen^ of the services rendered by the members for Waipa and Waikato :— " That the rate-. payers express an opinion thanking the members idt Wftipa Cwl Waikato tor the attention they 'have given to this matted pow <heforp s-th« s -th« riueejtingy r- This was seconded by we? SalmoA,- 'and carried unanimously. | Mr E. Fitzpatrick presumed itj would' man at the meeting, to .bring forward- a reaolntidn, which 1 w^ Begged to moye 1-*-;1 -*-; "That the Newcastle District Board,having made and being obliged to keep in repair for fourteen jytedfa eight miles of" road, on which are three bridges, running through the suburban lands, from which not one penny of rates have been obtained, owing to the-" Government having withheld these lands from settlement, we . consider the district is justly entitled to a refund of all monies expended on them." — This resolution was seconded by Mr A. Dawson, and carried unanimously. A vote of thanks to the Chairman, proposed by d> B. Whyte, Esq., M.H.R., and seconded by Mr Corboy, brought the meeting to a close. The' Cptmmjttdd ajtaoiijted to draw up a memorial in accordance with the first resolution met after* the above meeting, < and^bejiow npU- be found a of the letter : — ', . , "We the' undersigned Committee, being Ratepayers in the 'Newcastle Highway .District, Connty Waipaj beg to bring ! under yoXir notice the following facts ! which have caused much trouble, and is likely to be yery disastrous to the much deeded Public Works in this district, and besides this there is .danger of the disputed powers of the Ideal governing bodies being submitted to your decision in a more aggravated form requiring more attention and consideration to mete out justice to the injured party. We would briefly set forth, the facts of the case. Ist. On the 10th of June, 18S0, the then Chairman of the Newcastle District I Board, iv response to a request from the I Ratepayers convened a special meeting to be held on the 18th of June 1880. vide notice Waikato Times No. 1. The Ratepayers then present decided by resolution Uiianimouely to bring the Local Elections Act 1876 into force in the ! district. This was bronght about by a feeling 1 existing amongst the Ratepayers to the effect that proxies only being ob; tamable by, a few experts of old standing had an undue influence on the majority of the , people by a certain few allocating to themselves the whole of the Local governing powers. The abuse of proxies in this district having been the ! cause of repeated quarrels at the annual meetings of ratepayers. Unfortunately ! for the chairman riot giving* more public notice than two days from the 10th to the 12th of June, which may not be, legal, although acting in good *aitb. Supposing , due notice had been given, a$ expressed in the Local Elections Act, the expressed and will of the people and the Charter placed at their disposal by the Government was completely frustrated, and Highway Board matters brought ' to a stand still through a teohnical etror in not giving 14 days'' notice to hold the meeting. Be this lega4^ Tighter wrong we think the 'spirit pervading "The Highway Act 1871," is one of mutual and fair arrangement rather than strict letter of law. However, if dn ''error has been committed accidentiy, and a legal , obstacle stands in the way or the Board elected under the " Local Elections Act," we pray that you may see fit to validate same by Order-in-Couucil or otherwise as to avoid latf costB, waste of time, and bad feelings to the ratepayers of the district. Another. phase of- the cane we wish to point but to you is that after the returning officer - was appointed (vide Waika,to Timks; No 2), the names of Thomas Wilson, 'feenneth Morrison, Edward Stone, ,Errington xinid Laing, H, M. Carpenter, \yhich you will observe compriaes the whole of the self/ elected usurping Board .(a name we use merely for the sake of distinction), nigned nomination papers, it is presumed in good faith, were duly nominated (No. 4 enclosed), and went to the poll with results duly declared (see No. <3) showing the Board elected to consist ,of At Dawson, Cornelius Day, James Braithtvaite, William Johns, and Henry Montgomery Salmon. Notwithstanding that Hia Excellency the Governor, acting in good faith, and upon your recommendation, at the instance of the then Chairman and a majority of the Board, did by- Order-in-Council proclaim the Local Elections Act in force. About two days' notice only were given, instead of fourteen days'. The rejected candidates above named took upon themselves (to say the least) the indecorous action of setting at nought faith and proclamation, and did, contrary to a resolution carried at the annual meeting of ratepayers, by a majority of 26 to 6, appoint themselves the Board, and thereupon assumed the functions by public advertisement. We also wish to inform you that, after the late Board had appointed the Returning Officer and notified that the election would take place under the Local Elections Act, the Secretary, Mr Barton, did, without authority and contrary to the expressed intention of the Board, advertise the anntial meeting to elect Trustees for a new Board. There is no minute in the book' to show he had any authority from the Board for so doing. The 17th qlau; oof the Highway Aot distinctly says that it is the Board, and not the Secretary, shall by public notice call annual meetings of ratepayers to elect new Boards, bo. We would, therefore, earnestly and respectfully request that you will give the above faots your able consideration, and hope you may see fit to validate the election under the said Act, or appoint the same gentlemen Commissioners. In conclusion, we would bring under your notice the necessity of the disputed election being settled at onee — the Board as elected under the Local Elections Aot having struck the rate, and Major Wilson now gives notice to* strike a rate, and the first Board publicly notifies that no discharge for rates will be acknowledged except by authority of Cornelius Day, and. as this, is sure to involve the ratepayers in useless Court attendance and litigation, we sincerely hope you will give the matter your early attention. — (Signed) Wim-um Johns,

Chairman of Committee; Hbkh-t.M. Salmon, Pat&xcic Corbot.—Kgirttawahia, September 18, 1880.