GAS COMPANIES' POWERS.

Dominion, Volume 1, Issue 56, 29 November 1907, Page 6

GAS COMPANIES' POWERS.

THE LOCAL': POSITION. : : PROTEST; FROMMIRAMAR, Some plain speaking was indulged, hi by Mr. C. J•.' ; ]pr jjvford at last? right's-meeting of the Mirairiar-Borongh Council apropos of Clause 25 of the Reserves and Other.- Lands Disposal and Public Bodies Empowering Act, 190'/. '•''■■■■' . ..... The Mayor ■ commenced by., moving: the following motion:—"That this ' Council emphatically enters its protest against the passing of' Clause 25 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act, which gives gas companies power to break up streets without the consent of the local authority first being obtained. This Council is of opinion that gas companies already have sufficient powers under the existing enactments, and this further concession is far from being in the best interests of the community. That a copy of this resolution be sent to the Right Hon. the Premier, asking that no consent bo given by His Excellency the Govomor-in-Council to gas companies to do works under tliejppwors of this clause without first communicSing with the local authorities concerned, and that the/Mayor's letter to the Right Hon. the Premier explaining tho position bo endorsed by this Council." In his letter to tho Premier Mr. Crawford explains tho position of negotiations between tho Wellington Gas Company and the Miramnr Council, prior to the passing of tho clause, with reference to tho Company's proposal to erect works at Miramar. The letter says that a basis of negotiation having been arrived at, it was mutually agreed that Mr. T. F. Martin, solicitor to tho Municipal Association of New Zealand, should act Tor both parties, and as there was some doubt as to whether the existing law gave the Miramar Council power to grant the_ whole of the concessions asked for by the Welling-\ ton Gas Company, Mr. Martin was asked for and gave his opinion that existing enactments did give such power. After considerable negotiations a conforonco took place on September 10 last, between the Gas Company and the Council, and an agreement was come to on all points.' Mr. Martin was instructed to draw up the necessary agreement, the terms of which were, briofiy: '■-1. The Gas Company to be granted an

easement for ajl time over' certain roads to enable them to connect thoir proposed now works on tho Miramar Flat with the Wellington City reticulation. ■ ■ 2. A Bill was to'be'promoted by the Miramar Borough to enable the Gas Company to rpticulatc the Miramar/ district. 3. There were the usual clauses enabling the*. Borough.-to take over, tho'reticulation atia fair value after a certain period, if put down by. tho Gas Company, but this power of taking over did not extend to the works, as it was recognised that they .were to bemainly used for tho supply of gas to the city of Wellington. 4. The Gns Company were to be given power to orect an overway over one of the streets for the purpose of conveying coal from a proposed wharf in Evans Bay to their proposed works. ' The writer contended that tho agreement generally contained nothing more than the usual conditions governing tho granting by municipalities of the rights of monopoly for the supply of gas to' a private company! and further that thero inns* have been some serious misunderstanding as to the facts of tho Council's negotiations with the Gas Company to have allowed the legislature to have passed tho clause. The letter also pointed out that the clause, if brought into' force by Order-in-Council, would give to a Gas Company practically a part-ownership of streets tho property of the burgesses, but if gas pipes aro laid by permission of and under tho supervision of a Council, then proper provision might be made for any contomplnted alterations of grades or formation of streets. Under the clause in question gas companies seemingly may place their pipes how and in such positions as they ploaso, And in the case of a Borough making subsequent alteration of tho street they might find themselves put to very serious and unnecessary expense. "The clause, iii fact," concludes the letter, "takes away the authority ol a Council over its own streets, and I' trust, therefore, that you may see your way to communicato with my Council before aiiy Ordor-in-Council is grantod under this clause." Speaking to the motion, the Mayor remarked' on the seriousness of tho matter tor the Council. The speaker went on to refer to the remarks made by Mr. Doan in tlie Press, and characterised the statements as a distortion of facts. After dealing fully with letters which have appeared in the Press, Mr. Crawford expressed the opinion that the wholp prinoiplo of the ohuse was against thp spirit of true- demooraoy aud the

spirit of municipalisation. He was not inclined to blame Parliament. They had oe'en misinformed. • . , Councillors Bell, M'Leod,'and Brodie supported the Mayor, and the motion was passed. V ' . The Mayor asked that future negotiations should be left in the hands of the Gns Committee. Ho could make no statement as to what would happen now, but negotiations were going on, aud it was quite possible thai they would have gas in the district quickor than they would have got it under the agreement which had just been discussed, but he had no intention of buying anything to the disadvantage of the district. :So far as he was concerned, he would fight and fight on to the last for municipal rights. '