MAY BUILD GASWORKS.

Dominion, Volume 2, Issue 572, 29 July 1909, Page 2

MAY BUILD GASWORKS.

THE MELROOE MAINS. OITY COUNCIL AN!) GAS COMPANY. A representative' of T/ib Dominion asked the Mayor yesterday whether tlhcxo was any foundation in a rumour that the Ga» Commiittco of the City Council wan considering tho -quost/ion of purchasing t3io' gu.w&rkft in the old' Mclrosc district, which-works aro now. owned by'tho Gas Company. . : Dr. Newman'replied'that'in the evenj, of no agreement being arrived at .between the City Council and the Gus Company tho' purchase of these works mentioned would no doubt he considered by the council's:'-Gas Committee.' Tho position was. that there wa« an agreement'between the Gas Company and , tho Molroso Borough in regard to.the pnrclmsc of tho mains, and the city,. having absorbed Melipsoj'Was now in possession of tho old agrccinont between tho company and the borough.'The agreement gave tho council the power to purchase tlio works of the company in Mc-lrosc. ', ..... ! The' Mayor considered that: tho purchase of tho mains and reticulation of, Melroso would probably cost in'remind figures £35,000, and the erection' of gas works' by tho .Oi-ty-Council to supply this area would cost probably £20,000. for a start.. Dr: Newman considered the Melroso area'.is paying., tho Gas Company a fair- rate of interest, so. that th« purchase of tlie works' and the erection: of'a now gas plant, say at Kilbirnic, woiild at least : pay \t-he interest on, arty; loan borrowed for tho purpose of 'Seeing such, a scheme through. ' '.... /'" .-.' . . Moreover, added tho Mayor, -the great growth' of Wellington:'in tho. future would undoubtedly bo in the Melroso; area, iri'.nirts of Kclburne, in Brooklyn,' Island Bay, Rosoiieatli, Hata-itai, and tlio whole of the Kilbimie flat. These portions of tho city, would bo thickly populated beforo long,' and would have to accommodate a great nortion of tho ! increasing population of' Wellington, . ,and consequently gasworks l ', would pay a very fair percentage. [.■ '.' ; • ■," •_ : .-.' "if tlio : .council cannot arrange satisfactory terms witto the. Gas Company," concluded the Mayor,; "this position will -of courso have to he'considered.": ; : .'•/ .'; , ;. NEGOTIATIONS NOT DROPPED- .: It is probable, that, : despite the application of tho City Council'; for an injunction against the ; Gas Company, negotiations between the , parties.•■will be resumed.

THE APPEAL TO LAW. '. I /WANTED::' AN INJUNCTION TO .■■'.-■.,■• v-,.-,.;.; , - RESTRAIN; ~.,-' '■:-., .-.•. - : 'A few minutes 'before the closing of tho Supremo Court offico yesterday, ./Miv. John O'Shea, city solicitor,■;filed an application for an injunction against tho. > Wellington Gas 'Company, Ltd.. The Attorney-General is joined as ajparty.. This procedure was mentioned by The Dominion yesterday, a3 tlie method likely to be adopted in settlement of the trouble regarding the laying of gan mains' through tho Melroso 'district. Tho ! -statute-allows seven , , days fci- the filing of a defence .with the Registrar/ ' :' Thft statement,of claim , filed by'-the City Council (palintiff) is'-aiilongthy one; and refers in detail to the history of the negotiations from: the : time of the .establishment of gasworks by .the■■company.' Tho; concluding clause's. of'.the statement ef claim, read as follow:—' :■"■ ...-::'■■.:' '■■■ ■ ..-■■■ 13, . -.-'■-. . . . The defendant company alleges' it ' obtained from. the corpora-: tion :of ■■'thdf!-' Borough 1 : of. Miramar' by. some : deed'. , contract ; or: : instrument/.of right to 1 gas ■' to the ;' inhabitants of ,; the ''borough., of , Miramar;- but no such .deed '. contract "or. : instrument ■ creating or evidencing;Su'oh right/has'been , shown. to the',plaiiitiff:corporation. ";;' 'f:,;. .;;,■ 14. On'the. represeutation. that sucli: deed contract I .qr".iHstruiii^ht ! "'as.mentioned, in tho last.j MtrAgsaplji.ffltisk^. com- ■ .pany;lias;a,pplicd:;to;theiActingrTrmioJl!]i)s-■ter'.--.of' the, Doroinioii. foi- a.consent the. Gkivernor-Jii-Council..hi,. .purpoiied' pu/suanco of&otion'li: In., the words and figures of the draft attached ,boreto and marked;"A,".'.'And, th,e.plaihtitf. corporation,y.hae grave.,reason..to fear that'., unless' this honourable' Court' interyfenes the. Governor-in-Co'Unci! , s'''c(>risent will" issue .in" the ; .wdr'dß aiid fdrin'of tbo.said'dTaft.:; ":; .■ls.':'Tho plaintiff ! corp'oration submits:, that the said consent [[oi ' the Governor-in-Council. is.ultra>vires because--::',. ,:■.' •■■:.'';;, (1) :■ It' does not follow, tho provisions of .tho '• .statute;.!and-Vdoes.'':nof- of opening andvbroakingup streets,and payeniciits;;aiid; laying■ down:mains to the splo or. dominen't' purpose of the Section, namely,; to the purpose of connecting the defendant -.company's works'-at. AVellingebn .with ■ tho i borough of Miramar for'the supply, ..to the' inhabitants <oi such last-mehtioiicd borough of gas;;.■ i\ ;'.•.■;» ."• 'Sv'-■ -.;: '' ■'^-^'■ (2) It purports -to;,'consent to such -acts in relation to: tho streets of 'Wellington'' for ■ the 1 conveyanbe of -gas-to and from tho : borough of Miramar; : and also for;the'pur-' pose of:.- connecting the:defendant'sicom- '! pan-y's works' at'. Wellington ; with ' tho : ; borough of : Miramar,; i: and 'with ; the buildings and wpHcs of the defendant comi pany in the borough of- Miramar. -.■■'' .. : ,(3) That thi-'arca; ■formerly' the borough of ■ MelroEo is'not a 'district' within. 'the said; ■ Section,' and. that the area within;-': the' . former city 'of AVtllington is-.not: a jipigh- ,-' bouring boro.u'gh- within • tho meaning; of : the'said'Section: .' ;.; ; ;, ■': - ; ';" ; '.','•■ . -,''■'' v. (4) That the Icbnditions on wlncli; sucli con-; : sent is proposed to. be';.given-' are' wliolly; \ illusory,, 'ultra'. vires, "and.-.have ,ho whatever.',- '.'•), ■, /.v, : ; .;■';.' '-.■■....,. ': ','.' ■■' i 16. That the plairitiif. corporation bcliovcs that if the consent by.'the.'.Govcriior-m-CounT. oil issues; tho'defendant; company, - .-.• (a) Will forthwith and until it has removed, .its gas-producing. nlant from Wellington; to'tho borough of. Miraiiiaiy connect with* its main or mains'from' itsvWelliugtou "works with its works , at'-Miramar so':'that' gas can-be distributed for tho supply both , * of the' inhabitants of the city of W'ellingtoh and of Miramar from the. two 'works, ■: as if they were/onesystom,-and , •■■■' ;• (b) That as soon as 'it has removed 'its gasproducing plant tp the borough of Miramar it will supply the 'inhabitants of the city of Wellington cither wholly or /nearly wholly with gas produced from its works'within tho borough of Miramar'.' r' '■■;'■ . ■~--' 17. Tho plaintiff: corporation therefore piays:—' -, i ; : ; ' - ~ ••' ;; '•'■; -.; "' ;.''• / 1. That it may bo declared that- th'a Govcrnor-in-Council has no : :power under. Section 9 of tho Gas.Supply., Act, 1908,-to authorise, nor has tho. lias, Company with such consent, under the said.section, power. tdiOpen and break up : tho soil:and pavements of the streets in the city of Wellington, and lay down or maintain mains ; ,thercundor; . --. (a) for any other purpose than supplying thn ■ inhabitants , of the borough- : of iliramar witlrgas, : ■■'.- ■.; ' ■'',":-. "•.; . , (b) or for the purposo of storing gas within the borough of Miramar for the supply either partly or wholly of- tho inhabitants -.of: tho city of Wellington (including-the aro'a formerly'tho borough' of -McJrose) with -.gas-; ■'■ .'■ -.:. ■'■ ;• ■;■ •■• ■ ; ■ ',' (c) or for tho purpose of conveying^gas • manufactured within the borough of Miramar to -tho city of Wellington (including the area formerly the borough of Melroso) with gaa; . ' - . V : .'. (d) upon ground that tho; area formerly tho borough of ■ Melrose is not. a district within , such Section:9, and that the area of tho -.former city of Wellington is not a noishhouring borough within tho : meaning of the said Section. , ... •::;' 2. That; tho defendant; company may be restrained by the injunction or order, of this Court from—' >, ; .;'.■,.-..': (1) Applying 'for or proceeding with the application for the ssii! Order-in-Counci) purporting to consent to all oi' any of the ' aforefliikl Acts. ; '' '■ ',/ ; . : (2) From .acting on the said': consent, if granted. .'.".■• . ....,•' ':■ . (3) From breaking, up or .-interfering with the streets or , thoroughfares of the . city of Wellington for aJI or any of: the purposes aforesaid. . ' : ' -~, ',-. 3. That the Court shall grant to tho plaintiff such further or other rcliofna the Court niny consider tho plaintiff- entitled to.

For Children's Bac'sihn Congh at nlcjit, Woods' Great Veppermiut Cure, li. 6U.,2ii.64