RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume II, Issue II, 21 October 1881, Page 2

RESIDENT MAGISTRATE'S COURT

♦ TnUESDAY, OCTOBBB 20lH, 1881. 1 (Before W. H. Befell, Esq , 8.M.) Thomas Hall, a Ratepayer, v. Mathew Btenx, Men* ber of County Council. | This waa an information by Tbpnxas Hall, a ratepayer, of the County of Inangahna, against Mathew Byrne, a member ofthe Council, charing him witb having voted upon a motion in the Council upon a question in which he had a direot beneficial iqtereftt, apart from the ratepayers in general. The prosecution was laid under the 73rd section of tbe Counties Act, and arose ou,t of the now famous deputation to Wellington, Mr Jones appeared for. the plaintiff, and Mr Lynch for tbe defence. Mr Jope^ in opening related tbe circumstances surrounding the appointment of the deputation. He should prove that a hurried meeting was held at night, at which three members only of the Council were present, namely, Messrs Byrnes, Davies, and Brennan ; that at -uch meeting a resolution was carried that two of tbe number should proceed to Wellington, and that they should be allowed • reasonable tfavel.in*- expense*.' It would be further shown that on the same evening a bill of exchange for -£75 was drawn by the County Trea«' nrer (Mr Brennan), on behalf pf the County, and waa signed by both Byrne _t,d Dayie*. and immediately afterwards discounted for £60, and the money divided between Byrne and Davies - that subsequently additional sums of rooney were forwarded to tbe defendant iv WeU lington. For the pjaiptif it wou-d be

mm^ j_ '_>'." " * ~ vi ' i- ii* *j Lii! contended .I*B* $i-i to Pandit ure was in no way authorised by lhe Counties Act. It would, be contended for the defence probably v-b-t* 4ib© expenditure was for the benefit ofthe County, and therefore that the defendant bad no other interest in it, than that shared by every other ratepayer; but in order to establish sucb a contention it would be incumbent upon the other side to prove first that the money was regularly voted, and secondly that sucb a .clajss of expend> ture was contemplated by the Counties Act. As a matter of fact there was no autfrprjjy girpo anywhere in that Act to vote money for such a purpose, and the expenditure therefore being clearly illegal, it conld not be held that the ratepayers in common had an interest *jn itt#disbursement ; if it were other* wise members, might on some shallow pretence have voted* .themselves a trip to the Melbourne Exhibition instead of tp, Wellington ; itwa? absurd to suppose that it was ever intended that County funds should be squandered in , such a reckless and unnecessary way. A 1 thou gh Ibe money had been ostensibly voted at wbat is termed an executive meeting, the proceedings of that meeting having been brought up and ratified and confirmed at a subsequent.- flitting of the Council, the vote was therefore the act of the latter body, and so brought the defendant under tbe penalty provided by the Counties Act. William Faler : In the month of June on the 28th, I called at tbe Council to see the minutes of the previous meeting ; I asked to see the minutes, and was re* fused permission to see them. The clerk refused to let me see them. In a daf or two after I saw what purported to be a copy of the minutes in the Inangahua Herald ; I required a copy of the minutes for publication. Mr Lynch -objected to the line of examination as heing irrelevant. His Worship thought it ras adnmsabte as showing whether such a meeting was held, or'whether there were any minutes. Patrick Brennan ; I am Chairman of the Inangahua County Council ; I produce tbe Minute-Book Of the Council ; I think there was a meeting ofgthe Executive Committee of tbe Council held on the 24 It June It was a meeting of tbe Executive Committee, the members of which were appointed by the Council. , The resolutions appointing tiie committee ' .were as.fol low*': —"That the Chairman, Cm. Davies, Bjrne, and Trennery, with power to Ovid to their number be appointed to deal with matters requiring urgent attention, during tbe intervals between the ordinary^ meetings of the Council." At the mccl ing of the Executive Committee, on ?ho 24tn June last, , Messrs. Davies, Byrne, and myself were present. The meeting was held at the , Council Ohambrfc}; J believe the clerk - wa| at the meeting in question apart of the time; I too|f down the minutes of thp Ytypfitiog ion come foolscap paper. There..wasj np, format! resolution passed at that meeting. It was resolved that Davies and Bjirne should proceed to Wellington as a idepdtation from tne Inangahua County jCouneil. and tbat res**. . sonable travelling j expenses be allowed them ; cannot say whether Byrne or Davies ypted for! the rcsolutioo t they assented by their [presence ; could not say that Byrne said he would go ; he must have consented by speech ; he must have given verbal assent to the resolution passed ; no other nipmbers] of the Council were consulted shout the deputa'ion; some of them were out of the count rv - never said that they had been consulted ; never sent a telegram to Wellineton, j stating (hat sll the members of the Coun-i cii bad feee**, consulted. Mr Lynch objected to the examination as not being pertinent. Mr Jones submitted tbat be had a perfect right to show tbat the Executive meeting Had been sanctioned by the Conncil. His Worship held that tbe question could be put. Mr Jones : Did you telegraph to a newspiper at Wellington, stating that tbe Council bad been consulted P Did yon send the following letter to Wellington : * Touching your comments upon an article tha* appeared in the Inangahua Times of Ist instant, I take the liberty of informing yott that the Inangahua County Council hpjds its meetings once every three months - that all business is cat-Tried on by an Executive Committee, duly appointed by resolution of ihe Council, that a majority of the Council was consulted as to the ad v liability of sending a deputation to Wellington on Council matters, and that such mnjirity fully concurred in the appointment of Messrs Davies and Byrne, the two gentleman at present representing the Inangnhua County Council at Wellingtpn. Be kind-enough to insert this telegram in your next iwue^ (Signed) Patrick Brennan, Chairman Inangahua County Council.' Mr Brennan to Mr Lynch: Am I bonnd to answer the question P Mr Lynch again objected, urging that tbe question was, irrelevant. His Worship rule^ tbat the admission of the letter was immaterial. Mr Jones: Has Mr Byrne received payment for bis services oq the deputation -* Mr Lynch itated the question to be irrelevant. .His Worship ruled that the question could be put. Mr Jones: Did Mr Byrne receive travelling expenses P Witowi : Np-!-b« did not,

Mr Jones: You say Mr Byrne has not been paid for hi« trip to Wellington ? Mr Brennan * Not by the Council. 1' Mr Jones: I >id the deputation not receive a bill of exchange drawn on behalf of tbe Council P Mr Brennan : I believe there was a bill pf exchange for £00 drawn ; I cannot say whether he got the money ; I signed the bill, but do not know to whom I gave it. Do not know whether it was to Mr Davies or Mr Byrne. Was not present when the bill was discounted. Mr Byrne has received no remuneration from jthe Council fpr the trip ; I dare say the Council is indebted to him for tbe trip, I think to the extent of about half of iJIO6. Mr Jones : Wbat instructions did the deputation receive when they left for Wellington ? Mr Lynch objected to the question, His Worship ruled tbat it could he put. Mr Jones : D d they receive any in* structione after they left "eof-ton P Mr Brennan : % don't know. Mr Jones : Were they fully instructed before they left P . . Mr Brennan •* I do not say their instructions were fully complete before they left. Mr Jones : Did $lr Byrne sign the bill of exchange P Mr Brennan : I cannot say. Mr Jones : Is he one of the members deputed by the Council to sign bills p Mr Brennan : Cannot say who signed the bill of exchange ; Byrne might have signed it. By the Bench : I signed it * cannot say who signed it with me. By Mr Lynch s The Executive Com* mittee was appointed under the Coonties' Act. The action of the committee is subject to the approval of the Council. The Council met every three months. The Council had a meeting on tbe 20th /one, which meeting was adjourned to the SO b ; there was no meeting of the Council on the 24th June ; on August. 'he Bth an ordinary meeting of the Council ! was held ; the words ' pleasure trip * were never referred to or mentioned at the executive meeting ; the business of the deputation was very urgent ; there was an amount of £600 due by the Gorernment to the Council on account of the Matiri road ; we were sure of getting ihat amount, but there were other items; there was no attempt on the part of the Council to conceal the intention to send the deputation ; the deputation were appointed at night and left on the foi** lowing morning early ; the Council sent a deputation to Wellington on a former occasion ; I cannot state definitely wnat good the deputation did; we got the money for the 1 Matiri road through the deputation ; could not sny that this was fhe only benefit received through the deputation. Cross-examination continued : We felt certain of getting the money for the Matiri contract, if the matter were I properly represented ; written representations would not have been so effective, as we have found from experience. Sigismund Sehulhof ; I am a stationer residing in Reefton ; I discounted a bill of exchange of the Connty Council's for £60, for Davies and Byrne, and gave them £>0 each ; cannot say whose signatures were te the bill. This closed the case for the plaintiff. No evidence was called for the defence. Mr Lynch fpr the defendant replied at some length, urging that the prosecution bad failed to prove that defendant had voted for tbe resolution? His worship ruled that plaintiff had not, proved that the meeting at which the money **fa§ voted was a meeting ofthe Council as contemplated by the - Counties Acts' -Information dismissed with costs,