DISQUALIFICATION BRINGS TO LIGHT INTERESTING HISTORY

Reeve Moses Betts was Still in His Seat in 1867-

His Opponent Hill who got 19 Votes Sought to Oust Him

[Welland Tribune and Telegraph, 1 February 1923]

In the action heard last week touting the qualifications of James Hughes as Mayor, one case cited on authority was that of Hill vs. Betts, a citation that turns back the scene of history in this town to the year 1867.

The Betts named was Moses Betts, Welland Reeve, and a well-known figure in his day. The plaintiff was Andrew Gregory Hill, later Police Magistrate in Niagara Falls, father of General F.W. Hill. The two were opponents for the reeveship, Betts got 59 votes and Hill 16. Mr. Hill began disqualification proceedings on the grounds that Reeve Betts had been one of the bondsmen for James McGlashen, County Treasurer, and had not been discharged from his liability.

Moses Betts in his day was one of the “big men” of the village, for he owned the village saw mill, the planing mill and a general store, besides other properties within village limits. The general store was situated on what was then known as the gothic building on the corner of North and West Main Street, where Hilder’s Furniture store now is. The saw mill occupied a place out of town, or otherwise located where the citizens of today enjoy an exciting hockey match-where Lambert’s Rink now stands. Moses Betts lived on the corner of Merritt Street and North Main Street, where his property stands.

Betts opened up a subdivision in the village. A handsome plan of the subdivision is in the County Registry Office. But the name did not _. Across the top of the plan is written the word “Merrittville.” Merrittville was the village of yesterday-Welland is the city of today.

The plan disclosed the fact that Betts owned the property on the west side of the canal from North Main Street to Denistoun Street, on the bank of the river and over to Main Street. Across the river there was another property that was at one time owned by Mr. Betts. These were lots lying between North Main and Seeley Street, and south of Merritt Street with the exception of a small piece of land which is now known as the old Beatty factory. The plan, but slightly faded with age, gives the following information: Surveyed by Henry T. Ross, C.E., and certified by Jacob Misener, Provincial Surveyor, May 1857.

Moses Betts was elected Reeve of the Village of Welland in 1865, 1867 and 1870. A.G. Hill was elected Reeve for the years 1869, 1871, 1872 and 1873.

Betts later sold all of his property in Welland and moved to Flint, Michigan. He was not in the best of health when he left Welland and did not remain in Flint very long. He departed for the second time, and on this mission went to California. He was on the train returning home when he passed out of this life. Death was due to consumption.

Who again was James McGlashen? During the years 1865 until 1891 he occupied the position of County Treasurer, in the same office that is occupied by Mr. Gainer, the present County Treasurer, situated in the Court House.

Mr. McGlashen was also the first manager of a bank in this municipal.

In the early days of the village of Welland, any financial business transacted, the parties interested were forced to travel to St. Catharines where the nearest bank was located.

Shortly after 1865 some of the prominent business men in the town came to the conclusion that Welland was in dire need of a financial institution of some description and with the aim in view of having a bank established here sent a deputation to Toronto to interview officials of the Molson’s Bank. Two members of that deputation were: H.A. Rose, Sr. and William Buchner.

The mission was successful and soon after a branch of the Molson’s Bank was established here. The bank was established in the County Treasurer’s office and Mr.McGlashen filled the dual position of Bank and County Treasurer. He was not even assisted by a stenographer.

Molson’s Bank in the Court House was taken over in 1875 by the Imperial Bank in the year of its organization and the financial business of the town still remained in the Court House until the Imperial Bank erected a building about 1882 or 1883. This building was put up on the site where the present bank now stands, and the building is none other than that occupied by Candyland today, it having been moved to the adjoining lot.

Mr. McGlashen who resided on Griffith Street, came to Welland from Scotland in 1865.

He succeeded A. Thompson to the position of County Treasurer and was succeeded himself by C.L. Hobson in 1891.

Reverting again to the disqualification proceedings the case as recorded in the volumes of law was as follows:
B. Cop follows,

This was a quo warranto summons.

It was alleged that Moses Betts had not been duly elected, and that he unjustly usurped the office of Reeve in the Village of Welland, and County of Welland, under pretense of an election held on the 26^th March 1867, because at the time of his election he had a contract with the Corporation of the County of Welland, as one of the bondsmen or sureties of James McGlashen –Treasurer of the County, not discharged or released.

The facts were that Moses Betts became a surety for McGlashen, the County Treasurer to the county on the 24^th of July 1865, in the sum of $2,000 and that he offered himself for election as Reeve of the village; and was elected in January last.

That his election was moved against, and was vacated because of his suretyship for the Treasurer with the county.

That another election was ordered to be held, and was held on the 26^th of March when he was again elected to be Reeve.

That after the avoidance of the first election, and before the holding of the second, the County Council agreed to release him from his liability as surety, and on the 14^th of March passed a resolution to the effect: “That Hugh A. Rose be, and is hereby approved and accepted as security for the County Treasurer, in the sum of $2,000 in the room and stead of Moses Betts; and that the Clerk be directed to prepare and have executed the necessary bond which shall be subject to the approval of the warden; and from the date when such bond shall be executed and approved and filed with the County Clerk, the liability of Moses Betts to the County under bonds, shall cease and determine.”

That the bond of Hugh A. Rose was prepared and executed and was approved by the Warden, and was filed with the County Clerk on the 23^rd of March:

That Betts received 59 votes, and the relator, who is a lawyer, only 16 votes; and it was asserted that many more would have voted for Betts if they had not looked upon election as sure:

That Betts thought he was discharged from his liabilities under the bond, and that the whole public of the village thought so too:

That the auditors of the county on the 7^th of May instant, reported on the accounts of the Treasurer to the 31^st of December last, and found them and certified them to be correct; and since the issuing of the writ in this matter, the auditors have also reported on the accounts of the Treasurer up to and inclusive of the 24^th of March last, and have found the same and certified them to be correct.

That there was no fault from the making of the bond up to the 24^th of March last, for which Betts was liable to the county; and that the whole security, which was all along furnished by the Treasurer to the county, was to the extent of $37,000 of which sum Betts was liable only to the amount of $2,000.

It was also shewn that the bond was destroyed by erasure of the signature and destruction of the seal, though when this was done was not stated.

DALTON shewed cause. Betts was absolutely discharged from all liability to the county, in equity, by what had taken place; and if, by application there, Betts could compel the county to give him a release under seal, so as to be available at law, he is at liberty to set up his absolute right to a discharge in answer to this objection, which was made for a collateral purpose, and by a person who was almost, if not altogether, a stranger to the transaction.

Betts was in fact discharged from “all liability under his bond,” according to the terms of the resolution and not merely from all liability from the time of his acquittal leaving him yet liable for any supposed default which might be discovered against his principal up to that time; and the bond, by removal of the signature and seal, was actually destroyed, which is equal to a release.

ROBERT A. HARRISON-contra. The disqualification created by statute is the “having by himself of his partner and interest in any contract with or on behalf of the corporation.

Now, firstly, this person had a contract in fact, because it is still un-discharged; and we have only to deal with legal rights.

Secondly, if the contract can in one sense be said to be determined by reason of the alleged equitable claims put forward for that purpose, it is quite clear he has yet an interest in that contract-an interest to have a legal acquaintance procured from the corporation against it.

And, thirdly, at the most Betts is only entitled to be discharged from liability from the 23^rd of March last, and he remains liable for anything which has happened upon it up to that time.

ADAM WILSON J- assuming that a person having a contract with the county is disqualified from being elected a member of council of a village within the county, I am of the opinion that if he be plainly acquitted in equity from his contract, and only wants the ceremonial of sealed instrument to perfect his discharge at law, he cannot be said to be a person having a contract with the corporation. I make no distinction between a contract and an interest, for although there is a difference between them, that difference does not apply here.

I have no doubt that Betts could, in an action on the bond, plead an equitable plea in discharge upon the facts stated-which are not denied; and if he could, and should succeed upon it, which he would, and would certainly determine his liability on that bond.

I think I should look upon his rights as they are in substance and effect, and as he can make and perfect them to meet every requirement of rigid law, rather than by the mere imperfect form in which they happened to be at the time of the election.

I think, if Betts had contracted for the purchase of land, or for the grant of a lease for years, and had completed those acts of part performance which a Court of Chancery received as sufficient for its jurisdiction, in lieu of the formal written contract required at law, I should hold that he was disqualified from being elected he could maintain no ration upon it at law, and his remedy is only in equity.

If therefore, this disqualification includes such a case, it should exclude the case of a person nominally and formally a contractor at law, but not so in truth, and able to be declared not to be so, even at law.

I am also of opinion that the facts show that Betts was entirely discharged from all liability upon his bond, and not only from further liability upon it, and from and after the 23^rd of March.

I must discharge this proceeding with cost, to be paid by the relator.

Summons discharged with costs.

[Related article: EARLY CITIZENS - MOSES BETTS]