Mr. Pollard's Benefit. The Midland Railway Company and the Government.

Evening Post, Volume XLIX, Issue 96, 24 April 1895, Page 3

Mr. Pollard's Benefit.

The Midland Railway Company and the Government.

Of the many managers who cater for thi amusement of the colonial public one of thi most popular is undoubtedly Mr. Ton Pollard. The management of bo large i body of young people as is contained ii the Pollard Company is a matter of grea responsibility, and those who have seen thi inner workings of the company have nothinf but good to say of the way its members an looked after, physically and morally. Dur ing its tour years' tour the company hac gradually got together a very fine plant After years of work there appeared good P to apect of Mr. Pollard reaping reward foi all the care and labour he had expended, when the fire at Palmorston wrecked in a night the work of years, involving a loss of about .£[2oo. A benefit performance in Wellington was immediately proposed, but as the season oi the Company here was so near at hand, the matter was postponed until now when the Company^ is itself giving a benofii porform&noe in that evergreen favourite "The Masootte" on Friday evening. At Christchuroh on the news of the fire arriving public meetings were held, and a monster benefit was organised by the leading residents of the cilv, who remembered Mr. Pollard's own oontribntion of over .£IOO to the Wairarapa Belief Fond. It is to be hopod that the people of Wellington will second the efforts of the plnoky and clever company on Friday uight by crowding the Opera House to the doors, and, while witnessing a fine performance, assist a man who has always shown himself ready to assist others, and whose relations are honourable in both public and private life.

The following correspondence has been placed at our disposal : — Crown Solicitor's Offioe, ■Wellington, 11th April, 1895. MIDLAND RAILWAT COMPANY. Bir-lt seems very evident that prooeodings upon the reference to arbitration will be hung up for a long and indefinite period. The result will be, if this is permitted, that a large area of the pnblio estate will continue to be locked up. The damages chargoable against the Company, if it turna out to be liable, will go on increasing, and in liny nvent the colony must Buffer by llio delsy. < For thia reason, and also because tiio G. vornin.nt are advised that tho Company hus Mibstantinlly failed to perform its obligation it tha colony under the contract, I am lnbtructod to notify you that an action will be commenced at once against the Company claiming damages for breach of contract. The statement o£ claim is being prepared, and the writ will be issued and served immediately aEter the Easter vacation. May I ask you whether you will instruct your Wellington solicitor. Further, I have to request that I may be supplied with particulars of your counter-claim against the Crown Km manifestly abßnrd to suggest that the matters of complaint urged before a Parliamentary Committee can form any guide to tho formulation of a legal cause of aotion. The formulated claim handed to me by your solicitor in answer to my request in the arbitration proceedings can hardly be taken serionsly, as yon will see from the # copy which I append. I suggest that without waiting for the expiration of tho time for pleading you Bhonld fnrnish speoifio particulars for the reasons above stated, and also because it will be necessary that Btops should be taken at once, and in point of faot to collect evidence upon the possible points involved. lam without information as to any specifio charges intended to be relied on by your company. For instance, I do not know what reserves undei olause 16 you intend to attack, although 1 oan hardly suppose it possible that you will propose to attaok all. Neither do I know whether yon seriously intend to urge all matters whioh were put as grievances befort the Public Accounts Committee. It is surelj perfectly plain that some at least cannot ii law be supported. Why not indicate th( actual points upon whioh you now rely, a< as to minimise the inconvenience and expense of preparing for trial. I trust this will commend itself to you as being reasonable. If you oan see your way to give further particulars without our waiting for the formal defence, I should be obliged if you would let me have them at once. Meantime I think you must take the responsibility of imposing on the Government the neoesßity of going to great expense in getting evidence of -which a part at least will certainly turn out to be useless. I have, &c, Hugh Gully, V Crown Solicitor. E. Wilson, Esq., General Manager N.Z Midland Railway Co. Mimo. b* Midland Railway and thb Qussn. The olaim of the Company will be in respeot of the broaches of conttaot and grievances :—: — 1. Undor sub-clause (c) of clause 16 2. Under clause 18 3. Under clause 33 4. Under clause 42 5. In respect of misrepresentation of the Minister and of his officials before tho Committee of 1893, having made it impossible for the Company to raise the necessary capital to complete railway 6. In respeot of the oppressive taxation imposed since the contract was entered into. Wellington, 13th April, 1895. H. Gully, Esq., Crown Solicitor, Wellington. BK MIDLAND BAILWAT. Sir— l cannot but express my astonishment at your letter of the 11th inst. It displays suoh a disregard for the interests of all concerned that I cannot too strongly protest against the course proposed to be taken. If the proceedings you threaten are designed to force a disclosure of the Company's case on the matters in dispute between the Crown and the Company, I cannot recognise the right of the Crown to endeavour to anticipate the proceedings of the Arbitration Court. That more precise particulars of the Company's claim will bo necessary I readily admit. The Company has had prepared ; ready to file such particulars as the Arbitration Court would probably consider Bbonld bo furnished to the Crown, and that these are not already in your hands is a matter of regret to the Company, but the delay in the arbitration proceedings has not been due to any action on the part of the Company. It awaits the diroctionof the Arbitration Court as to the procedure to bo followed, and I am advißed that the Supreme Court will probably not seek to anticipate the jurisdiction of that tribunal. At tho same time I beg to assure you that (apart from any proceedings such as you threaten) I am prepared to givo you snch information with regard to the claims of the Company under the headings 1, 2, 3, and 4 of the snmmary yon acknowledge to have received, in sufficient time to enable you to collect all the evidence available before th» date when the Arbitration Court •is expected to sit. The olaim of the Company for an extension of time for the oompletion of the railway is one of whioh the Crown has had repeated notice, and, arising as it does from the intention of the parties as frequently expressed and from the grounds indicated in the Bummary you have, can admit of no uncertainty. If the Crown is still determined on the proceedings you indicate, I have, in response to your request that tho company instruct a solicitor, to refer you to Mr. G. Hutchison, who will act for the company. I have, &a , Robert Wilson, £ngineer-in-Chief and General Manager New Zealand Midland Kailway Co. Orown Solicitor's Office, Wellington, 20tb April, 1895. MIDLAND BAILWAT. Sir — I have the honour to acknowledgo receipt of your letter of the 13th instant, received by me on the 17th. I think it unnecessary to comment on tho tone of your letter. It seems somewhat peculiar that the assertion of the public right as against a company whioh has failed to perform fonr-fifths of its contract should be described as a threat, or said to display a disregard for the interests of aM concerned. However, in reply, I have to inform you that the whole question is now under consideration, and that the Government will shortly decide what steps ought to be taken in the interests of the colony. Meantime the writ will not be served. I have, &c, Huoh Gully, Crown Solicitor. R. Wilson, Esq., General Manager Midland Railway Co., Wellington.