The Evening Star: WITH WHICH ARE INCORPORATED The Evening News, The Morning News, and The Echo. TUESDAY, JUNE 10, 1879.

Auckland Star, Volume X, Issue 2845, 10 June 1879, Page 2

The Evening Star: WITH WHICH ARE INCORPORATED The Evening News, The Morning News, and The Echo.

TUESDAY, JUNE 10, 1879.

For tho ause that lacks assistance, For the wrong tha needs resistance, For the future in the distance, And the Kood that we can do.

The City Council yesterday disposed of the long-pending question of compensation for leases at the market reserve. The complaint made by the leaseholders was that they had suffered from the broken promises of former administrators. In Mr Bartley's case it was alleged that when the lease was fallen 'jao^iuandar°^ ""OTPP' _flxi3tP-fl :jthat_ .Ji*£.

buildings might be removed at the end of the term. This permission, had been* revoked by the City Council, and the lessee had also suffered through tie formation of Cook-street, which had very seriously damaged his property and diminished his rentals. In Mr Fleming's case, it was stated that when the original tenement was destroyed, some years ago, he put up a brick building upon a distinct, promise that his lease would be extended at tho end of the term. He had spent £1213 on the building without fittings, and had received from the property only £929, showing a loss of £314, besides loss of interest. 11lFleming's* statement is, that before he built of brick he received an assuronco from the members of the City Board that his case would be takqn into consideration at the end of his term, and it was on the faith of that he .put up a substantial structure. Mr Phillips, who was Chairman of the City Board at the time, and Mr Anderson, City Surveyor, both recollect that something was said, but whether oilicially or in tho street, tliey do not remember, nor can they speak' concerning tho nature of the agreement. And there is no* a siuglo written, memorandum or minute on the subject. The Counoil,' therefore, had to determine whether thoy should create tho prccendont of going outside tho terms of tho leases under which tenancy has been established upon city property. In approaching the question, they were compelled to admit that a certain amount of misfortune had attended the investment made by the lessors. But then part of tho cause of complaint— that of Mr Bartley referring to the embankment in front of his property — is of a kind common throughout the city. Admitted tho right to compensation in any form for such losses, find claims, equally just, would pour iuto the Council from every quarter. Wherever permanent levels have been carried out, property-owners and tenants- have suffered. Tho plea of broken promises occupies different ground. If it could be shown that any distinct promise had been made by the Corporation on tho faith of which a large expenditure was such a promise, even though not having tho force of a legal agreement, would be entitled to consideration. We do not think the ratepayers desire that tW city should profit by defrauding any man of his just rights. But it is essential to the very existence of a promise from a corporate body—wliich has no individuality—that It shall have been given in writing. Verbal assurances from individual members of the City Board would bo simply worth nothing, f' We. -have no doubt Mr Fleming has received repeated promises of support to his claim from members of the Council within the last twelve mouths, but he must know that these are not promises mado by the Council. They are mere opinions of individuals until tho city takes corporate responsibility for them by v resolution. Wo liavo too great a respect for Mr Fleming's common sense and business shrewdness to believe that ho ■would regard them in any other lightj Ho could not hold them as even morally binding on tho Council, and would regard any man who did so as exceedingly unwise. If the Council of to-day wero made responsible for half the unfulfilled promu.es of individual members during tho last six years, it might go into liquidation. We are forced to believe, therefore, that if Mr Fleming hoped for tho ultimate fulfilment of any personal promises ■ made ,when ho resolved to build, ho also believed there was a good thing in the buildings simply as an investment. It has not turned out so, and wo are sorry fox that. A good mnny promising ventures in the same time have proved a delusion and a snare. But 'still we think the Council would have been open to grave censure—that they would have laid up for themselvos and future city administrators a storo of troubles if. they had done othorwiso than thoy did yesterday, in rejecting the claims.