THE TRAMWAY DIFFICULTY.

Auckland Star, Volume XXXVIII, Issue 172, 20 July 1907, Page 6

THE TRAMWAY DIFFICULTY.

CONFEEENCE OF LOCAL' BODIES.

UNITED ACTION TO BE TAKEN.

The adjourned conference of local bodies tf> discuss the tramways question was held in theOnehunga Borough Council Chambers last evening, when there were present: The Mayor of Onehunga (Mr John Rowe), and Councillors Morton and Holmes, Messrs C. Bagley (Mount Roskill), G. W. Basley (Parnell), W. R. Bloomfield (Epsom), E. W. Burton (Onetree Hill), and J, S. Dickson (Remuera). Mr J. Rowe presided. At the last conference it was decided to get a legal opinion as to the position.

The legal opinion on the matter Js as follows: —"It is perfectly clear that it is the duty of the local authority to provide a sufficient number of cars to serve the purposes of the undertaking, and secure to the public the full benefit of the tramway. The omission to provide a sufficient number of cars, in order to entitle the local authority to exercise its power to determine the deed of delegation, must not be a mere occasional omission. It ought to be of so persistent and systematic a character as to show beyond all reasonable doubt that the rolling stock provided by the Tramway Company is inadequate to meet the reasonable requirements of passengfers. In order to obtain this evidence an office might be appointed to which .complaints may be made by persons who are unable to find accommodation in the tramears, and such persons might be invited by public notice to forward particulars to the office. There is a further matter worthy of the consideration of the local authorities. Each local authority is empowered by the Tramways Act, 1894, by by-laws, to make a time-table showing the times of starting and arrival of cars at stopping places. The power of each local authority is limited to its own district. It can, therefore, only provide that a car shall leave the terminus -n its district at a given time, and arrive at the boundary of the district also at a given time. It would, therefore, be necessary for all the various local authorities to combine for the purpose of framing a time-table that would have the effect of ensuring a continuous service throughout the whole of the district."

Mr. E. W. Burton said, as far as he could see, the Order-in-Council was very little .good. The Auckland City Council, in dealing with the Tram Co., had gone to the solemn farce of fixing £5 per day as a penalty, when they ought to have enforced their rights, and taken the plant. For two years they had let matters go on, but they had now woke up. In his opinion, the local bodies should frame a combined timetable, and their aim should be to keep the company to the deed of delegation. They should protect Ithe putflic, as, to allow the company to break the covenants of the deed, was a breach of public trust. They should establish full evidence that the company was not carrying out its contract, and be agreed with, the proposal to appoint an inspector to collect evidence, but on no account would he allow him to be in any way under the control of the Auckland City Council. If he got under their control the public would never get justice. If the inspector did his duty they would soon find the company acting in accordance with the deed of delegation. He would again urge a combined time-table, and if the inspector found it Was grossly departed from be trusted they would I not follow the example of the Auckland ' City Council and take two years to awaken to a sense of duty.

Mr W. R. Bloomfield asked if they had no power to lake action except by arranging a new time-table. Mr Burton: They had power to at once deal with the insufficiency of cars.

Mr Basley said the only way to bring the tram company to terms was to regulate the speed to five miles an hour, which they intended doing in Parnell.

Mr Bloomfield quoted the Mayor of Auckland's remarks to the effect that the local bodies would have to deal with the matter the best way they could. The outside bodies had more or less left the matter to the Auckland City Council, which was practically the "heart of the system," but the action of that body, in leaving them to fight their own battles, left nothing for them to do but to try and get justice done. The city were glad to get local bodies to confer with them on some questions, but when a matter of the greatest importance to the community in general cropped up, such as the present, they were not asked to confer with them to endeavour to put matters on a proper footing. What were sufficient cars for the city were not sufficient for the suburbs, and no system would be of any use until the cars were run for the benefit of the community, and not the city residents alone. The City Council should get an Order-in-Council passed so as to allow through cars to charge a minimum fare, and thus assist through passengers. The tram system should be adjusted so as to run in the interests of everybody at present, Even if the cars were doubled the outside districts would not get relief. He would move that it be a recommendation from this conference of local bodies, that, acting- under legal advice, the various local bodies notify the tramways company of their failure to comply with the de-cd of delegation. This was seconded by Mr Basley, and carried unanimously

Mr Dickson said he would have much pleasure in conveying the resolution to his Board, and thought it would have their hearty support. The time had now arrived when they should take a united stand. If the company were forced, he thought they could get more than twelve cars in twelve months. It was ridiculous to say it could not be done. They had simply been bluffed for two years.

Mr Burton said they should avoid the City Council as they would an adder, and he moved: "That the combined local bodies represented at this conference be advised to join in the appointment of a tramway inspector, whose duty it will be to collect evidence and receive complaints touching all breaches on the part of the Auckland Electric Tramways Co. of the various Or'ders-in-Conncil, and of the covenants contained in the several deeds of delegation." This was seconded by Mr Basley, and carried unanimously.

Mr Bagley ■ said he read in the report of last night's meeting of the City Council in the "Star" that the inspector recommended 20 ears, while the engineer said six or eight would be sufficient. That ' was absurd. The City Council told them to mind their own business but he-thought they had minded their own very badly. He would suggest asking the Government for police assistance in regulating the crushing at the ears during the busy hours. If a drover were to drive cattle, sheep, or pigs into a truck in the manner in which people had to crowd into cars he would soon be prosecuted. Mr.Holmes expressed the opinion that -when, the,company issued a return ticke_t~OirgJb3iqg»sof ATiddandr-aiej: should,

have to carry out their contract. The way •matters had been allowed to go on was scandalous.

Mr Morton said unless they could get through cars they were simply wasting their time. After further discussion, the following motions were moved and carried unanimously:—Moved by Mr Basley, seconded by Mr Dickson: "That the local bodies outside the Auckland City Council be invited to take united action in all matters in reference to the tramways." Mr Bagley moved, and Mr Rowe seconded, "That Messrs Russell and Campbell be appointed solicitors to the conference." Mr Dickson moved, and Mr Basley seconded, and it was carried, '"That it be a recommendation to the various local bodies that Messrs Russell and Campbell be instructed to frame a by-law to prevent 'strap hanging.' "