MENACE TO THE CARS.

Dominion, Volume 6, Issue 1786, 26 June 1913, Page 5

MENACE TO THE CARS.

THE LEGAL BOMB. •• S MR, MARTIN'S OPINION IN FULL. EIGHTS OF LOCAL BODIES, la view of the discussion raised at the jneeting of the Executive Committee of the Municipal Associations .of New Zealand regarding the bodies to establish a motor bus service in their own streets, the text of the legal opinion given by Mr, IT. H. Martin, solicitor to the association, is of interest. A number of questions vere submitted to Mr. Martin, and the questions and answers are appended Question: Has a.local body any authority under any Act to 'establish u system of motor, buses, 'or any other mode of traction, to convey passengers to and fro ■within a borough other'-'thaii bj; means of tramways? /!.. ; Answer: N0... The council .being a statutory. body has no power .to engage in any undertaking not authorised. .by Statute. Thus, in London County Cdunpil v. Attorney-General. ,(1902), A.C., 165, the. House of Lords held 'that tho London County Council (a statutory body), which Jiad power to'own aud work tramways, ,could not, without statutory authority, run omnibuses aS feeders to it? trarn.ways.' Apart from tramways, I know of no statutory power in New' Zealand for a borough council to run motor buses, or any other kind of vehicle for conveying passengers. Expressppower:i r : is giyen to waterside boro'ughs to. run ferries. M.C. Act, 1908, s. 2CG. Question: Does the definition of "tramTray" include' the installation of a system of trackless trams, driven by overhead electricity? Answer: No. The wof,d "tramway" is Jivell understood as meaning a line 'of Tails on streets or other'places, and on ■which cars,'with flange wheels or other wheels suitable only to run on the rails lire to be run. See also the Tramways Act, 1908, Second Schedule, Clauses 5, 23. Question: Has a council power to prevent , any local company from running jnotor buses within a borough or city jivhich may compete with tramways?, Answer: No.j Question: Has a council power to enter Jnto an. agreement with a local company to grant concessions, to run motor buses jvithin a borough? , * Ansjver: No. ■■ -■ ■'