THE HOSPITAL BOARD.

Gisborne Times, Volume XLV, Issue 4011, 18 August 1915, Page 7

THE HOSPITAL BOARD.

QUESTION OF AIRS WALKER'S APPOINTMENT. OPINION FROM' BOROUGH SOLICITORS. The appointment of a representative of the Borough oil- tho Cook Hospital aiul Charitable Aid Board, in succession to Dr AV. P. Porter, who left recently for Scotland, has occasioned a good deal of public interest. It will be remembered that the Borough. Council at its meeting a fortnight ago, by 5 votes to 4, decided to appoint Airs H. J. Walker, who polled tho next highest number of votes at the Hospital Board election, to the position. ' After the meeting Cr Collins handed in a notice to move at next meeting of the Council that the resolution appointing Airs Walker to the position be rescinded. In the meantime, the supporters ol Airs Walker obtained a legal opinion as to whether Dr Collins’ notice of motion was in order. This opinion stated that the Council having appointed Airs Walker, the lady was legally appointed, and was entitled to take her seat on the Board. '1 lie Borough solicitors, Alessrs Chrisp and Coleman, forwarded the following on the matter to the Council ' lastuiglit : •‘.Lie Hospital Board. The facts are | as follows: On July 30 last the Council was notified that Dr Porter had resigned in’s office as a member ol the Hospital Board and the’ Council was requested to appoint a successor.. Ata meeting of the Council held on August 3 a resolution was proposed by Cr Aliller and seconded by Cr Hill ‘'That-' Mrs Walker be appointed.” This was carried by sto 4. Before the close i of the meeting Cr Collins gave notice j of motion that he would at the next , meeting move that the resolution np- j pointing Airs Walker to the Hospital , Board as a representative of the Bor- j ough Council be rescinded. Owing to : the notice of motion having been lodged, no official intimation was given to the Hospital Board or to Airs' Walker of the passing of the resolution. The Council desire to know if the proceedings taken so far are in order, and in the event of the resolution being rescinded it is open tor them to appoint another person as j their representative on tho Boardf AVo are assuming that notice. of the subsequent meeting and of the- proposal to revoke the resolution lias been or ( will be given to each Councillor seven days before the date of the subsequent meeting. We have looked, very carefully into the matter, and apparently, it is without legal precedent. In our opinion, however, the procedure adopted by the Conned ' s perfectly proper and legal. "The‘By-law No. 8, page 18, is as follows: 'Any resolution of e r meeting of the Council may be revoked or altered at the same mooting by the i the unanimous vote oi- the lnombets present- when it was passed, or at a j subsequent- meeting by the vote- oi ; trie members present at- such subsequent meeting or a majority of them. This By-law is perfectly valid, and was made on the authority the Municipal Corporations Act. 3 here is no limiting definition as to the meaning of the word • resolution, therefore it literally must apply to any and every resolution. ij W Collins moves his motion, and it is' seconded, the Mayor or chairman m hound to put it to the meeting, and if carried then the resolution is revoiced. . , , ... "That tins is so is borne out l>\ a judgment of Air Justice Cooper 1,1 The Mayor, etc., of Dannevirke v. Rios. X.Z.L.R. 27 at page 757, when he states: ‘This is an assertion that a Mayor (.an, if be thinks that lie m backed by" a section of the ratepayers of the borough, prevent the Councillors, who are entrusted by btatiit. with the administration of the nfiaim of the borough from exercising t-n-n statutory rights and performing the Statutory duties, and it is equivalent to saving that a. mayor and an li'iesponsi'hle -section of the ratepayers can depose the Council. Such an argument, if given, elfect to, would <iestroY the system of local government. it , is clear that a mayor lias no such right ; or power. If a notice of nuH.onJnis been duly given by a councillor upon a matter relating to tho easiness ot the borough, then such oouncdloi mu «. legal right to have the niotmn brought- before the council. au<i the inavor, as chairman ot the met.turn, is bound by law to allow it to ho seconded and discussed and to put it to the vote of the meeting. R be. refuse* to do so, then, in my opinion, -this Court has power ol mandamus to compel him to do so Uime is, it • true, no -direct authority upon tin. -■ yye have, therefore, to advise tha.Or Collins’ notice of motion is in perfect order, and, if seconded, must lie put- to the vote. AVe woujd also poum out that the appointment must be made by t-lie Council within two jnoiiths from the date of the vacancy. A good deal of feeling was displayed concerning the subject- last: night. The first shot was fired alien the minutes of life previous meeting came up for confirmation. Or Aliller took exception to >he minutes stating that a notice ol [notion to rescind Airs Walker's appoinO ment had been put in by Or Collins. Cr Miller stated that- this notice of motion had not been put in at the meeting, and, therefore, had no right to be recorded in the minutes. Tie did not- question the right of Cr Collins to put in his notice of motion, which was perfectly in order, but it had not been put in at the meeting, and consequently should not appear in tiie minutes. He moved that the record concerning the notice of mot- m be deleted. Cr Lawless seconded the motimi, which was carried.

When the outgoing correspondence was being dealt with, Cr Aliller asked for the letter to the Borough solirt'ot's asking for a legal opinion as to a bother the. Council had power to rescind the motion appointing Airs Wall.er to be read. After this had been done, -Or Aliller pointed out that the opening words of the, letter stated tha* the Town Clerk had been instructed by the Council to ask for the op.ii'orThe Council, he declared, had .never instructed trie Town Clerk to as'-: the Borough solicitors for an opinion on tho subject. On whose authority, he asked, had the opinion been obtain*.dr* The Town Clerk said that the Councillors had discussed the matter after the committee meeting on the- previous Tuesday’ - evening, and lie understood from what was said that tho Council intended to get a legal opiun n on the matter.

■Or Miller: There was ho doubt in # tho minds of the Council on 'the I'-at-ter. “Was there a doubt in > !, ur mind that you got the legal opinion ’ lie asked the Town Clerk. Mr Robinson replied that lie obtained tho opinion to protect tho Cnumd arid himself. '

Cr Miller also considered th.it the Town Clerk should have notified the Hospital Board of 'Mr* Walker's appointment. Tho Town Clerk stated that m ti e past a notice of motion iiad a / ways been looked upon as a stay of pro - iolings, and lie took it. a-s such «n tins instance. . Cr Bright said that,,a notice ot motion was certainly a form oi appeal. Tho Town Clerk, had acted quite properly and wisely in getting the legal opinion and also in withholding nolil>cation of tlio appointment to no Hospital Board until the matter and hi on definitely settled. Cr Mturns said that while, he was not in favor of Cr Miller’s objection to tho legal-opinion having neon obtained, he ;certainly , thought after hearing tho opinion that the Council should have had a sav in dictating the letter to the solicitors. He certainly thought they should have a sued the Borough solicitors whether t.iy.v should have notified the Hospital Board of Mrs Walker’s appoiinment or not. - . - , ~ . Cr Lawless'said that tho yob inters

opinion stated that there was no authority at law for the opinion given. This Council was going to be absolutely unique in the eyes of Hie law. (Laughter.) Cr Alunns said the opinion did not answer any of the questions the Cour oil wished to know. Cr Miller said that there was nothing to stop Cr Collins’ notice of motion coming on. The Aeting-Alayor ; Will anyone move that tho opinion be allowed to lie on the table ? Cr Mu mis: I will move that Hie

solicitors be asked to hand back the amount they charged for the opinion. Tho opiniqn was allowed to Jie on the table. CR. COLLINS WITHDRAWS !i IS MOTION.

AVlicn Cr Collins’ notice of motion was reached, the mover said that, on looking round the Council table, lie saw there was no other course but lor j him to withdraw his - motion. lie i would, however, . in withdrawing his motion, like to point out one or two matters. .. He had been told that lie was against ladies sitting in high places, and such platitudes as that. He bail no objection to ladies occupyj tug positions on local bodies. lie | would like to point out that there was i a danger of the Hospital levies being j raised. The next twelve months would either make or mar tho Hospital Board, and for that reason lie couI sidorod that tin* proper person <o rej present the Borough on the Hospital • Beard was the Alayor. If he thought i Airs Walker was the proper person to , B (> on the Board at the proper junc- | ture, lie would be, the first to support i her. Ilis only course now was i<> ; withdraw his notice of motion, j Or Aliller then moved that the Town I-Clerk be instructed to inform the Hospital Board that- Airs AValker bad been appointed to the position. Cr Wildish seconded the motion, lie said that, lie was pleased to see the action which Cr Collins had taken that night. He was also pleased that Airs AValker had been appointed to the Hospital Board/ The lady would make a good member. Cr Collins asked if it would not lie an unwise proceeding on tho Council’s part to [lass such a motion, lie would remind them that though he had withdrawn his notice of motion, it- was competent to any other member of the Council to move another motion. Cr Aiiiiins: j. take exception to Cr Collins’ continual attempt, to dictate to the Council, Your 'Worship. If any Councillor wishes to give notice ol motion, surely lie knows lie can do so. Cr Collins pointed out that there were two words in the dictionary—"dictation" and "suggestion.” He thought Cr Aiunn.s was confusing tlietwo words. The Acting-.M syor said that he would take it upon himself, as fitting in that chair, fo give notice of motion that the matter should he held over until there was a full meeting. Cr Bright said he thought the Council was making Itself somewhat ridiculous over what- after all was a small matter. He thought- that the minority might- very well now give in to the majority on the subject. Cr Aliller's motion was then put, Crs Aliller, Wildish, Lawless, and Alunns voting for, and Crs Collins, Bright, Hill, arid ibe Aeting-Alayor against. Tho Aeting-Alayor gave his easting vote against- the motion, which was, therefore, lost. Cr Bright explained that the reason lie had voted against the motion was because lie considered there was no necessity for the Council to instruct tin- Town Clerk to do something which he would do in the natural order of events.

Cr Hill, stated that this was the view he took. Cr Brown then gave notice of motion to postpone further consideration of the appointment for a fortnight-. Cr Aliller asked if this motion was in order. As tin; matter was oi great importance, and there was a doubt- as to whether such a further notice of motion could be put in, be suggested that- Cr Brown should leave the chair and allow some other.Councillor to give a ruling on the point. Or Brown said lie would take all responsibility for accepting the notice of motion.

The little comedy then closed, the position being left exactly as it- had been before the lengthy discussion started.