Mexborough & Swinton Times, March 17, 1939
Wath Council Move to Prosecution
Last Night’s Decision at Special Meeting
Auditor’s Report Taken In Detail
Councillor’s Emphatic Disclaimer
Investigation Committee Set Up
Following receipt of the District Auditor’s second interim report, which contained allegations of irregularities in the affairs of Wath Urban Council over a period of years, a special meeting of the Council was held last night, and the Council chamber was crowded with ratepayers.
The Council decided “to take this matter up for prosecution by instructing a firm of solicitors to act on behalf of the Council.” This decision followed the failure of a resolution, moved by Coun. J. A. Braithwaite, whose name was mentioned in the Auditor’s report, that the facts be submitted to the Public Prosecutor.
Coun. E. W. Evers proposed that the Council should resign ” en bloc,” but Coun. P. B. Nicholson, J.P., who formally seconded to make a discussion possible, along with several other members, objected to this course. Finally, the Council agreed to the formation of a subcommittee of six councillors to co-operate with the Auditor in a full examination of the irregularities complained. of, and of the methods of administration in all departments.
Readers of the following full report of last night’s meeting will be assisted by reference to a verbatim account of the District Auditor’s second interim report, which appeared in our last issue.
Coun. F. L. Beevers, Chairman of the Council, presided at last night’s meeting.
Public Warned
The chairman said he wished to remind the public that this was a special meeting of the Council, and while the public were admitted, they could take no part in the proceedings. The meeting had been called for the express purpose of dealing with matters contained in the second interim report, presented by the District Auditor, and he proposed to conduct business by considering the report, paragraph by paragraph. He relied on the members of the Council to assist him by confining their remarks strictly to the paragraph under discussion.
Cowl, J. T. Mills suggested that the introductory remarks be omitted as they were immaterial.
Coun, J. A. Braithwaite suggested the reading of the whole of the report. “The public are here and they have a right to hear it. (Hear! Hear!)
Colin, Mills said he did not mind this course being taken though a verbatim report had appeared in the “South Yorkshire Times”
The question was put to the vote, and there was a majority in favour of the reading of the whole. This the Clerk, Mr. T. C Nicholson undertook
Coun. Braithwaite’s Reply
Coun. Braithwaite said he asked the privilege to read his reply seeing that his name was very frequently mentioned.
Coun. Braithwaite said the present report sent by Mr. Tuke was as weak as the first preliminary report issued with threats to Councillors and officials last May and signed by the same gentleman, possessing the same prejudiced sentiments towards Councillors who rendered voluntary services to the public that he had expressed ever since his appointment.
For the past twelve months Mr. Tuke and his staff assisted by the police and prompted by accusations and suggestions from certain members of the Council and other tainted sources had been endeavouring to secure evidence to prove that the majority if not the whole of the members of the Wath Council were corrupt. In that he had failed.
Referring to paragraph 1 of the auditor’s report Coun. Braithwaite said at the recent trial the learned Judge was careful to elicit the information that Cranage left the country before any warrant had been issued or proceedings decided upon. Fleeing from justice meant ‘evading arrest’. In paragraph 2 and in the schedule items referred to were statements which were apparently conjecture and should not be made unless they could be firmly substantiated. A scrutiny of any item proved that they were all guesswork.
That part of the report dealing with glass stock deficiency was undeniably directed at himself and it seemed it him that throughout there had been every effort to make some case or charge against him and nothing seemed to have been left undone to that end.
What did he find? After all the careful enquiry and scrutiny by the auditor act all the enquiries by the Police not one person had been able to say that he himself had received one square foot of glass from the Council, let alone 300ft. It seemed to him that every effort had been made to prove his guilt.
“What Cranage Said “
What Cranage said to the foreman he did not know. He was not present at the time and therefore had no opportunity of contradicting or denying the statements of Cranage. What Cranage elected to have said to the foreman or anybody else was not evidence against him (the speaker) there or anywhere else. The auditor had attempted to use against him what Cranage had said or what someone said Cranage had said. That was preposterous. He was not present when any conversation took place when measurements as to the glass were given.
He knew nothing about glass being used or being handed over to the driver and he took the opportunity of denying that there was any arrangement for the purpose of receiving glass and of saying that nobody delivered glass to his house. If anybody said that he would certainly have to prove it..
The driver said he had no recollection of delivering the glass to him. It was a serious matter and he wanted it to be understood that it was not a question of somebody being unprepared to swear he had not delivered glass to himself.
The report very clearly showed the trend of the enquiry and the spirit of it. The matter must be treated fairly.
Nothing short of strong and clear proof do. ‘I shall not,’ went on Mr Braithwaite, ‘allow my character and reputation to be further besmirched by either gossip or hearsay. I am not concerned by statements made by Cranage. But anything he may have said about the glass being used for my purposes is untrue. I have been subjected to the indignity of visits and enquiries by the police, and the report so far as it affects me is based on facts which cannot be supported by evidence. This must have an ending: my patience is exhausted.’ (Laughter).
” Mean What I Say “
‘I mean what I am saying’, Coun. Braithwaite went on. ‘I shall take all possible steps to protect my reputation and to put any person to the proof of any allegations made against me.
I have not robbed the ratepayers of one penny and the allegations made against me are entirely untrue. If you believe I have taken any property of the ratepayers you will probably consider it your duty to take action against me and give me the opportunity of facing my accusers.
‘I am going to move if necessary—and I hope this Council will take it up-that all is handed over to the Public Prosecutor and give me a chance to defend myself in a Court of Law. I shall ask for nothing higher.’
Coun. W. Popplewell: You mean of the whole lot?
Coun. Braithwaite: I mean for paragraph three.
The Chairman asked for a seconder. Coun. Braithwaite; I think it is the least the Council can do.
Coun. Popplewell was saying it was a painful report when Coun. Mills asked if Coun. Popplewell intended seconding the resolution.
Coun. Popplewell: Yes.
” Serious Business “
Coun. P. B. Nicholson, J.P., said he felt, as did other members, that this was a most serious business, and in reading through section three of the report he would like to point out to the Council that it appeared to him that the auditor, in combination with certain workers of the- Council, had conspired together for , the purpose of striking at a chairman of the Council of two years ago.
“I cannot for the life of me see and understand why this auditor should have set out, and the respective workmen, to conspire together or this purpose.” Coun. Braithwaite was quite right when he said he should have an opportunity of taking what steps he considered necessary. He was endeavouring to point out the better way of dealing with the question. He felt they should protect themselves, for how did they know that next time any other member of the council might not be charged. He wished to move an amendment. The Minister of Health had asked the Council to take such action as they thought fit, and he would suggest that the Council take action themselves and ” never mind the Public Prosecutor.”
If they waited for the Prosecutor, some months would elapse, and this thing would be hanging over the heads of Coun. Braithwaite and those individuals who had stated to the auditor that they had done this work.
” I move as an amendment (I don’t want the clerks to be involved in this if we can help it) that the Council instruct a firm of solicitors to proceed against Coun. Braithwaite on behalf of the Council, and give him a very early opportunity of answering these charges made against him!”
Coun. Mills: I second that: I do so because I am not in favour of the Public Prosecutor having these papers sent to him. The Public Prosecutor has let us down once. The Public Prosecutor could have sent for Cranage if he had wanted to. He did not. The Public Prosecutor said we, or certain individuals, must confine their investigations to the bungalow only, and not bother about councillors or other people. I have no ‘confidence in the Public Prosecutor, and I endorse everything that Coun. Nicholson has said. I think it is our duty, If there is a case, or if there is suspicion, we should take action and prosecute, whether we win or whether we lose. I second that the Council take action.
Upright and Honest
Coun. Popplewell said he did not wish to avoid anything. ” As far as I am concerned, I have been upright, honest and straightforward,” It was, he said, time the whole thing was cleared up, and placed in the hands of the Public Prosecutor.
Coun. 0. Varney, supporting Coun.Nicholson and Coun. Mills, said they knew how long it had taken over the last case. If he had been in Mr. Braithwaite’s place he would have wanted it , clearing up as soon as possible. Tales did not stop. They collected.
Coun. E. Morton supported the amendment. The auditor was a public servant, and was doing his duty. He felt it was wrong to talk of him in this way. Coun. D. 0. Shaw also supported the 1 amendment. As were other members of the Council he was fed up with it.
Coun. Braithwaite said he wanted it to be clearly understood that he would allow nobody to make actionable statements against him. It was getting time all this was done away with. They had had 12 months of it. He wanted to say that nobody had lost more than the ratepayers. Let them take any action they wanted. He was not worried. He welcomed anything to clear it up.
Coun. Beevers: Are you prepared to withdraw?
Coun. Braithwaite: Yes.
Coun. Popplewell: I agree.
The amendment thereupon became the resolution and the Council decided to place the facts in the hands of a solicitor with a view to a prosecution.
Coun. Nicholson pointed out that the clerks would have to lay the information and instruct a firm of solicitors.
Coun. Braithwaite: It would not be fair for me to vote, although I would welcome it. I am neutral.
Coun. Varney suggested that the firm of solicitors be nominated after the present meeting.
Coun. Braithwaite said seeing that the meeting had been called sent publicly he thought the public had a right to who the firm of solicitors were. He wanted the public to know.
A firm of solicitors was then nominated.
The Clerk read paragraph 4 of the auditor’s report relating to miscellaneous items, and Coun. Mills commented: “I am not guilty.”
Coun. Popplewell: Hear, hear.
The Chairman: Do not start, “Please!, teacher it was not me.”
Coun. Q. Varney moved that the Council should write to the auditor asking for the names of those people who had had the materials. By doing that they would be moving in the right direction.
This was agreed upon.
Practice of Having Teas
Coun. Braithwaite said he wanted to state that the auditor did know about the practice of having tea, or he had not known his job. The practice had been carrying on for ten years and the paragraph was deliberately misleading and Mr. Tuke was aware that all Councils were entitled to refreshment under suitable conditions. Most Councils availed themselves of that.
It was simply a question of which subhead should be debited with the charge. It was Mr. Tuke’s duty to advise the Council accordingly and not make charges that every councillor, including the last member elected, was dishonest. To mention the question of teas after ten years of auditing was strange. The auditor had his teas, as well as any other man.
Coun. Evers said the auditor was prepared to pass the account, even if it were not strictly permissible, but he objected to wrong allocation. The amount of the teas was much —9d a head—and many members were at the Town Hall from after 3 until 9. Members were quite prepared to pay for the tea if necessary’.
Coun. D. 0. Shaw said he agreed with Coun. Evers. If they were going to wrong allocations from the inception was where were they going to get? Who was responsible for the allocations ?
They were directors or Wath and they had the right to know who had wrongly allocated those items.
Coun. Varney contended the teas were reasonable expenditure. They commenced having teas in 1929.
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