A special meeting of the Limerick County Council was held to discuss the matter of the County Surveyor’s salary. The meeting took place in the Offices on George Street, with Mr Patrick O’Venaghs (Chairman) presiding. Several council members and officials were present, including Lord Emly, Messrs. P. Hayes, J. Ryan, S. C (Knockavane), Daniel Clancy, John Ryan (Kilfinane), J. B. Barrington, J. Scanlan, John Coleman, and J. V. The officials present were Messrs. M. Fitzgerald (Assistant Secretary), J. Quaide (Accountant), John Horan (County Surveyor), and E. Leahy (solicitor).
Delay and Legal Opinion
Prior to the County Council meeting, a Finance Committee meeting was held. Despite being scheduled for 12 o’clock, the Council meeting did not commence until 1:30 pm. The Assistant Secretary read an opinion from Mr Patrick Kelly, a solicitor, regarding the matter of Mr Horan’s salary increase.
Mr Kelly’s opinion states that the increase in duties assigned to Mr Horan due to changes in the Local Government (Procedure of Councils Order) comes under section 115, subsection 18 of the Local Government (Ireland) Act, 1898. This gives the Local Government Board the authority to determine whether Mr Horan’s duties increased due to the Direct Labour Scheme’s implementation and what increase in remuneration is proportionate to this increase in duties. The opinion mentions that the Board had jurisdiction over this matter, and its determination is binding on the County Council, even if the conclusions reached are right or wrong. The opinion suggests that the Council can be compelled by mandamus to follow the Board’s order.
Council’s Response
During the meeting, council members discussed the option of accepting or seeking a second opinion. Some members believed that the opinion from Mr Kelly was clear and binding, while others argued that seeking a second opinion would be a justified step given the importance of the matter.
Mr Coleman proposed seeking a second opinion from another counsel who might have more expertise in the Local Government Act’s implications. He clarified that this suggestion was not a reflection on Mr Kelly’s abilities. The Chairman mentioned that Mr Clancy had suggested another counsel, Mr Scallan, but he was unavailable due to representing Mr Horan.
Ultimately, the Council decided to take the opinion of a second counsel, specialized in the Local Government Act, to ensure that they were making an informed decision. Some members believed that this step would demonstrate their commitment to doing justice and acting in the best interest of the ratepayers.
Lord Emly expressed his dissent, believing that seeking a second opinion would be unnecessary and costly. He argued that they should accept the situation and Mr Kelly’s opinion. A poll was taken, and the decision was made to seek a second counsel’s opinion. Mr Leahy was tasked with selecting a specialist in the Local Government Act for this purpose.
Limerick Echo – Tuesday 24 October 1905
