The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-01-05 00:00:00

ELECTION OF MAYOR.

The council again met on Friday, at twelve o'clock, pursuant
to the act, to appoint a mayor, town-clerk, &c. At the com-
inencenaent of the proceedings Mr. \V almsley, seconded by Mr.
Egerton Smith, moved that a reporter from each journal be
admitted. Mr. Rathbone, seconded by Mr. Bolton, moved, as
an amendment, that reporters be excluded until after the ap-
pointment of mayor. The amendment was agreed to.
The council then proceeded to the election of mayor. Mr.
Jordan, seconded by Mr. Earle, moved the appointment of Mr.
William Wallace Currie, which was unanimously agreed to.
Mr. Currie, after taking his seat as mayor, returned thanks for
the honour conferred upon him, which he did net expect prior to
entering that room. He hoped for the kith' indulgence of the
Council, and stated his determination to preserve order and give
to every member of the council a fair and impartial ..earin,g.
The rown-clerk was then called in, and administered to the
newly-elected Mayor the declaration required by the act.
The motion for the admission of reporters was then carried
rem. con. Unfortunately, however, through some mistake, we
were not called in, although in attendance, for some time after-

APPOINTMENT OF TOWN-CLERK.
Mr. Councillor -RATI4BoNE proposed the appointment of Mr.
Richard Radcliffe as town-clerk pro tempore on the condition,
(to which, as we understood, Mr. Radcliffe was willing to agree,)
that, if he should afterwards be discharged by the council, he
should not have any claim for compensation. Mr. Rathbone, we
believe, supported the appointment of Mr. Radcliffe, in prefer-
ence to the late Town-clerk, Mr. Foster, on the ground that the
latter could not be expected to work the new system satisfac-
torily, having been opposed to it all his life.
M'r. Councillor HEY woßrii seconded the motion.
Mr. Councillor SANDAlts.—'Fbe address of Mr. Rathbone I
consider to be a direct impeachment of Mr. Foster, both as a
private and professional man. Upon Mr. Fester's character as
a gentleman I never before this time heard the slightest impu-
tation, and of his high professional talents I never yet heard
any man express a doubt. 'I have heard some persons say that
another man might be found who would do time duties of town-
clerk as well, but I never yet found-arty one who had the bold-
ness to assert that- anye man _could_ perform them better. But,
sir, fitness or unfitness is not the question. It is a mere party
affair, and Lveriture to express an opinion, that before gentle-
men indulge in the gratification of party feelings they should
look to the consequences. If Mr. Foster be, dismissed we must
pay him compensation, and I have heard the amount of that
compensation stated as high as £4o,ooo;—a lumping sum of
£40,000 in one payment, and not a compensation in the shape
Of an annuity, which Sir Frederick Pollock has declared to be
against law. What then can we say to our constituents?—you
who so rated the old corporation for the expense of that picture,
(pointing to a picture,) and I who so rated them for subscribing
100 guineas to a horse race. Sir, the thing cannot be defended
for a moment, excepting on party grounds. The amount of
this compensation will take away nearly double the amount of
the nett available surplus revenue of the corporate estate.
What then becomes of the fund for town improvements? What
becomes of the fund on which to base the reduction of local taxa-
tion? Why, sir, everything is sacrificed to party. Ido think,
sir, that before we dispose of money and places in this way—
taking from one man and giving to another,—before we divide
and multiply offices for the purpose of satisfying party claims,
we should do well to reflect on what may be said to us by our
fellow-townsmen;' let us not, therefore, incur the reproach of
its being said to us, " You have filled the hungry with good
things, and the rich you have sent laden away."
Mr. Councillor HotISFALL then rose. He entirely concurred
in the observations which had been made by Mr. Sanders. He
thought before they went to the vote on this question, that it
ihould be fully understood, whether it was a temporary apoint-
tnent or not; and also as regarded the offices which the town-
clerk filled.
The MAroa said that the duties of town-clerk had been fully
defined some years ago, after the death of Mr. Statham. His
worship then sent fur the minutes of the council where they
were defined.
Mr. Councillor LAWRENCE thought they ought not to throw the
funds of the corporation away, being its trustees, in the way of
Compensation to officers if it could be avoided. He came there
to do his duty, without either partiality or prejudice to Mr. Fos-
ter. Mr. Radcliffe had asserted that he was willing to take this
office for a certain time, and not to take any compensation.
They ought not to fill up such places hastily. They did not
know into how many places this office would be subdivided.
He thought under these circumstances there were many sub-
jects far mature consideration, and he also thought they should
not do wrong to allow Mr. Foster the saute option as illc, Rad-
cliffe. He thought there were so many points of importance to
attend to, that any stranger taking the _office would be totally
at sea • and he thought they should not be doing their duty to
the public 9 in putting a stranger into the-office.
Mr. ALDERMAN EVANS would nut trouble the council very
often they might rely on it; but on this occasion lie would wish
to address his sentiments to them, in order to exhibit his opi-
nions, and for no other reason. He wished to know what would
be the cost of removing Mi. Foster, of which they knew nothing.
He would recommend the appointment of a committee to in-
quire into all these things; and, in the mean time, that what-
ever was done should be looked on as merely temporary.
(Hear.)
Mr. Councillor AlKlN.—Before he seconded the motion he
should like to know whether they had the power of adjourning
.from day to day?,
The Marcia read the 58th section of the act, "that the coun-
cil of every borough; on the 9th day of November in this pre-
sent year, shall appoint a fit person, not being a member of the
council, to he the town-clerk of such borough." The order of
council rendered it imperative that the appointment should take
place on the Ist of January, 1835.
Mr. Councillor Ai had heard that they had a power
of adjourning. If they.h44 suck.. pawer,. he should rather make
a rider on his friend's inotiun, that Mr. Foster be appointed, pro
rem ore, until a committee have investigated into the nature
of the duties which devolve on him. if they had not such power
he would second the amendment.
Mr. Alderman EY Arss.—Mine was a suggestion and not an
Amendment.
The, MA YoR would ask the opinion of Mr. Councillor Law-
rence, as a barrister; and, whilst h.e was coining to his opinion,
he would read the duties and various offices filled by the town-
clerk, which his worship proceeded to do.
Mr. Councillor LAWRENCE then read the first part of the
69th section.—(See act,)—'this expressly recognises the power
of adjournment, and ttierefere any matter to be done, if done
by adjournment, is valid.
Mr. Councillor Ail:lN.—lf they were quite certain they had
the power of adjourning, he shoeld move an adjournment ; if
they were not quite certain, he thought they had better hesitate
and consider about it.
Mr. Councillor BATIIBONB would entreat the council to act'
le,gally. The adininistration of justice must be
tonatimediaely,
cared for. He did not understand' Mr. Lawrence give de-
cided opinion. If possible let them have the question decided
whether Mr. Foster or Mr. Radcliffe be legally appointed.—
That the course of justice might not be impeded, let them act
• strictly accorng to the letter of the law where so many inte-
rests were invodi lved. He would beg to ask the opinion of Mr.
Leigh.,
Mr. Councillor LEIGH.—If he had felt himself competent to
give an opinion he would not have suffered himself to have been
called on ; but he really did not feel himself competent to give
a decided construction to the clause. Ile was unwilling to offer
an opinion.
Mr. Councillor LAWRENCE admitted it to be a case of diffi-
culty. He would not take on himself to say that there was a
power of adjournment. The clause only recognised a general
power of adjournment. Re would not venture to say that they
could adjourn on that occasion. This was a point on which he
could not have much confidence.
Mr. Councillor 11 ore had asked the opinion of a barrister of long
standing in the town, and he had given this answer, " that he had
considerable doubts on the question of adjourninent on the
question they were discussing; but his doubts rather leaned to
the side of its not being legal." He would merely make another
observation : there seerned to be some misunderstanding as to
the terms of Mr. Ruthhone's proposition as to Mr. Radcliffe's
appointment; it might be cancelled the next day. It was sim-
Plv an appointment.
The MA rom—lt was stated in an order in council that the
appointment of town-clerk was to take place on the same day as
the appointment of Mayor. Is was for the council to consider
Whether such election was accordingly to take place. He held
the appointment of town-clerk on that day as imperative as that
of mayor.
Mr. Councillor DUNCAN would wish to make an observation
before they went to the vote. If they were to make a compen-
iation to the town-clerk in case of his retirement equal to two-
thirds of his present emoluinent ; and if they could get a
respectable man to take his situation for one-third, as he thought
they could, the funds of the corporation would not be given
awa..
Mry. Councillor At KIN now rose for the purpose of seconding
the amendment. Considerable doubts being expressed both
with regard to the adjournment, and as to how far it might
be desirable to separate the various duties of town-cierk
At the present moment, in the absence of proper information he
Would move that they should rather continue the present town-
. clerk iu his office till' they became better informed on that sob-
' ject. He would take- that opportunity to state that no blame
could attach to the original trainers of the bill fur the doubts
which had occurred. Many clauses had been inserted uncon-
nected with the original intention of the bill, and the change of
features in those sections had completely changell the features of
some of the other clauses of the bill. The fault did not lay in the
original bill, butin the hurried manner in which the amendments
were made in it. This caused them to be at a loss how to act
in some points, and tie believed this was one of th most difficult
points which they were discussing. He did nut rie se there as an
admirer and friend of the town-clerk, but he rose' to do an act of
justice to the council andto the town. He did not think in the
absence of proper information they would be doing justice to
themselves or the town to dismiss him without further inquiry.
It might hereafter become a question whether he should be clerk
'or the records, and whether he should not cease to be registrar
of th'e mayor's court. But there were many points of his duties
which it was evident they were not then prepared to take into
onsideration. It would be much safer to continue Mr.
Thomas
roster, without pledging themselves whether it be for a year or
11 day, He therefore moved that he be continued for the
present.
Alderman LEATUOM seconded the amendment.
Mr. Councillor LAWRENCE entirely agreed with what Mr.
Aikin had said ; he begged to draw attention to the 58th section,
which said that the appointment of town-clerk was only during
pleasure.
Mr. Councillor BROCKLEBANK was of opinion that it would be
better to continue the town-clerk for the present. Till they
were better acquainted with all tbe circumstances of his duties
they had better retain him. If they were to dismiss him they
would have a very heavy sum of compensation to pay, and he
did not know where it was to come from!!! All these things had
better be looked into first.
Mr. COuNCII.Loa JORDAN begged to ask whether in the ap-
pointment of town-clerk, his duties could be divided, and also
Lis salary.
The M A roa.—The only salary the town-clerk receives from
the corporation is 100 guineas a year, all the rest is from the
•Cmoluments of his office.
Mr. CouNctrasse Jo'npata would bag to observe that no man
was so competent to discharge the duties of that town and of the
• town-clerks office as the late town-clerk..
Mr. COUNCILLOR HoRNBV.—It had been stated that suppos-
ing the present town-clerk to receive a certain sum, say six thou-
sand a year, and his compensation was to be two-thirds of that,
could they not getarnan for two thousand a year to fill his office.
If they gave a Mon £30,000 or £lO,OOO compensation, they ac-
tually took that sum permanently and for ever from the corpo-
ration, while his einoltunent is from the town, and not from the
corporation. To vote away such a sum as £40,000, he thought
Would be rashness in the extreme, though he certainly was riot
a friend to the system which hull been pursued by the corpora-