GAS MAINS.

Dominion, Volume 2, Issue 573, 30 July 1909, Page 9

GAS MAINS.

———» , SUPREME COURT ACTION. BASIS OF PROCEEDINGS. In addition-to tho application for an injunction against tho Wellington Gas Company, Mr. John O'Shca, solicitor for tho City Council, has filed an application for an order, under, the Declaratory Judgments Act, determining the matters in dispute. Tho Gas Company and the Attorney-General are joined as defendants in the action. A summons, which, by order of his.Honour Mr. Justice Chapman, will be served on the Gas Company, the.Town Clerk of Miramar Borough Council, and the Attorney-General, requests tho presence of defendants before the Supreme Court on Wednesday, August 18, at.10.30 a.m. Tho questions set'out in tho summons for the decision of the Court arc: - ' ■„ ■ .-;_ . •' (1) Whether tho Govemor-in-Council has ■power, under Section 9 of tho Gas Supply Act, 1908, to authorise, and whether tho defendant company has with such consent power under tho. said section to open and break .up ' the soil and pavements of ' the streets'in the city of Wellington and lay i down or maintain main's thereunder:—-/ . i(a) For any purpose other, than to I .'supply the inhabitants of tho Borough'. ; of Miramar with gas; or. ■' ! ', .(b) For -the purpose of .storing gas. within tho Borough of. Miramar for tho, , supply cither wholly or partly.of tho' ,- inhabitants of the city .'of Wellington (including.tho area formerly tho Borough. of Molrose) with gas; or . ~','.- ■< S (c) For tho purpose of convoying gas. i manufactured within 1 the Borough of ;'Miramar to the city of Wellington" (including the area formerly the Borough '.of-Melrose) with gas^ ■ 2. -Whether the area formerly tho Borough pf.Melr'oso is a "district" within Section 9 of,tho,said Act and whether the area of tho former city of Wellington is a "neighbouring borough" within the meaning of the said section. : ■>' ! / .-.-■■.■. ■ ! SOME' REMARKS BY COUNCILLORS.

.' /Reference !was,. made at last uight's meeting, of the City. Council to .the negotiations whjch have, been proceeding between the Gas .'Committee.of the Council and the Gas: Company; ; Tho 'Gas '.Committee' reported , that they ,had: had several 'conferences-with ; tho managing director, of -. the Wellington Gas Company, .'but''they' had been,unablo. to ob-' tain from the Gas Company,any recognition; of ; the council's'rights;: and as the company. r insisted -upon the .. maintenance. of ..their lights, the committeo thereforo : 'decided to instruct the--'. City, Solicitor -. to.- issue an in'junctiou restraining, the' Government, from issuing ;'.the!.'o.rder-in-Cquncil,'. for which the Gas Companyhad-'applied.' ..,-, l '■',■■ ; The .council approved, of tho committee's action.- V ,!,' ■ .'..//'.- '/.. ':' '/ .', '■'.'•! Councillor Carmichacl. asked where it would all finish. :,\Vould'!thoGas Company, charge tho, users of gas- with tho . amount of '■■' expense to which they ,wuro being, put by the council? Ho desired to know : how soon tho electric light would bo able to compote with gas in Wellington!: : 'k;-.'-'; < '' • Councillor. liallin'ger referred to the saving tui bo qffected in tho. lighting of, Melrose/,. ':.-.:Councillor Fletcher asked if* proceedings iwcre still ' going; on with the Gas Company.. The- Mayor .'explained that. Mr. Ferguson bad .written inquiring if proceedings were .to go on,. and a,reply had been sent' him stating- that, . oh ' certain conditions—City Council ■. conditions—-the negotiations might continue.- '.-,■,.:..; '.