"AWKWARD POSITION."

Auckland Star, Volume LX, Issue 242, 12 October 1929, Page 19

"AWKWARD POSITION."

COUNTY COUNCIL PERTURBED. MAGISTRATE'S REMARKS. CONTKACTOR BREAKING BY-LAW (By Telegraph.—Own Corespondent.) YVHANGAREI, this day. -This affair has been aired throughout the whole Dominion, and we have been severely criticised for loose administration It has placed us in an awkward position," said the chairman, Mr. L. Webb -at the Whangarei County Council e ting yesterday, when the hector which with Us load weighs more than °WoodT carried three cubic yards of rae tal; "therefore the total weight was over five and a half tons. oods admitted the offence, but pleaded, through his solicitor, that the county engineer and a riding member had given him permission to carrv the load complained of._ On these the magistrate dismissed the case, with rather scathing Temarks. The riding member concerned, Mr. Jus. Mackay, said he did not see any evidence either of himself or the engineer having given authority to the contractor. Evidence not Taken. The chairman said that no evidence was taken, but the magistrate relied ou what the defending counsel confided. He dismissed the as trivial, but it could not be regarded a* such by the council whose inspector found difficulties in gaining convictions. Had cither Mr. Mackay or the engineer been present in Court the testimony that no consent had been given would have changed the aspect of the case. Mr. Cheeseinan appealed to councillors to assist the inspector in sheeting homo convictions for such offences, which were rife in the district.

The engineer said he knew that Woods was using a heavy truck, but as lie was concentrating on construction work he never considered for a moment that it was a breach of the by-laws. Certainly he had never given consent to the overloading. "It is extremely unfortunate, io say it mildly, that a contractor employed by the council is allowed to overload with the cognisance of the engineer and a riding member, even although permission was "not given," said Mr. Elliott. He pointed out .that it made the efforts to deal with other offenders difficult. Mr. Mackav: A councillor's job is to look after the roads of his riding, and see that no unnecessary damage is done, I have been able to keep the road in Wairua free from potholes, which is more than some round this table can say. We employ the inspector to sec the regulations are carried out, and it is'our duty as concillors to nose about and see if these are being carried out The surfaceman is instructed to assist the inspector, and all he has todo Is to refuse delivery of overweighted loads, and notify the offence. The duties of a councillor do not include those of a private detective, and I do not propose to act in that capacity.

The chairman said that did not get away from the fact that although both engineer and Mr. Maekay had acted with the best intention a breach had occurred, and by the county contractor. ■ He wished it clearly understood that in future the regulations governing traffic on certain classed roads between May and the end of September would be strictly enforced. The transgressor, whether a county employee or not, would be prosecuted. Any request for exemption under special circumstances would have to come before the council.