THOSE WATER PIPES.

Evening Star, Issue 10212, 14 January 1897, Page 4

THOSE WATER PIPES.

At last night's meeting of the City Council the qoestioD of the loan of water pipes to the late firm of A. Morrision and Co. by Mr H. 8. Fish, when Mayor of Dunedin, was •gain under discussion, being revived by the reading of the following letter from Mr H. 8. Fish, dated December 21, 1896 : On the 23rd of April of this year I wrote the City Council offering, as a matter of honor, to make good to the Council any loss which they might sustain in the above matter after exhausting the estate of A. Morrison and Co. For Some extraordinary reason the Council refused that offer, and decided, upon my return from Eng'and, to sue me for the whole cost and -value of the pipes. Since my return a summons has been issued, and the case will shortly come before the Court, and although I am advised by my solicitors that I shall win the case, being still desirous that the Corporation shall make no loss through any act of mine, I again renew the offer I made on April 23 to pay to the Corporation the difference between the £45 6s 3d, for which amount I am sued, and the amount it receives from Morrison'n estate. I understand the trustees have already declared dividends amounting to & 9d in the pound, and there will yet be a dividend of Is or Is 6d iu the pound. If the Council accept my offer, law costs and other annoyances, to which I need not refer, will be avoided, which, as I am now again a member of the Council, I think desirable ; and as the Council will thus get the full value of the pipes I see no earthly reason for refusing this offer. I beg to say I make this offer without prejudice to my legal position, and further desire to respectfully intimate that should the Council refuse it and I succeed in law against the Corporation I shall hold myself absolved from any moral obligation in the matter. I might take the liberty of suggesting to your Worship that the matter is sufficiently important to justify you in calling a special meeting of the Council to consider it, so that the matter may be settled one way or the other without delay. Cr Fish retired before the letter was read. Cr Solomox said the whole matter had formed a disagreeable incident, and the sudden death of Cr Morrison had rendered it very painful. It was very desirable that the thing should be settled as quickly as possible. He would move—"That if Mr Fish will pay at once to the Council an amount equal to the difference between the amount due by Morrison and Co. for water pipes and the dividend payable by the estate on that account (such dividend to be received by the Council), the Council will hand to Mr Fish any moneys they may afterwards receive from the estate." He had reason to believe that Mr Fish would be agreeable to such a course, Cr Hakdy seconded the motion. Cr Hayxes said he would like to know whether the Council had claimed for the pipes in the estate of Morrison and Co. or whether Mr Fish had claimed. The Council would remember that the matter was before them some time ago, when, acting upon the advice of their solicitors, it was decided to take* action against Mr Fish for the value of the pipes and that Mr Fish claim against the estate. His Wobship said he was not sure that Mr Fish could legally claim upon the estate. Cr Hayxes : The engineer, Mr Mirams, was in the same position, and we gave him permission to claim upon the estate. The Towx Clerk said he could not speak with regard to Mr Mirams. The Council had pnt in a claim through Mr Ibbotson, bnt the Council's solicitors advised that the Council should not claim as it might prejudice their position. The liquidators had handed their document back, and consequently the Council had no claim in at present. Cr Solomox : But we can claim. The Towx Clerk said he presumed so. He understood that the liquidators of the estate had held the dividends in trust, being of opinion that if the matter was taken into court an expression of opinion might be given as to who could claim. Cr Hayxes moved as an amendment—- " That the letter be referred to the Water Committee, with power to act." He thought it was irregular to carry the resolution that night, as it was practically rescinding a previous resolution of the Council. He did not object to the spirit of the resolution itself, and if Cr Solomon would agree to the matter being referred to the Water Committee' he would offer no objection to the proposition. Ur Solomox refused to adopt this course. Cr Hayxes : Then I will vote against the motion, as I do not think the course proposed is regular. Cr Chisuolm supported the motion. Cr Swax did not see any reason why the Council should not deal with the matter that night. It was necessary that the question should be settled one way or the other before the Court took it in hand.

Cr Mocat supported the proposal to refer the matter to the Water Committee, as he thought that was a very good courae to pursue. His Worship ruled that Cr Solomon's motion was in order. It was simply a motion dealing with correspondence as presented to the Council. It was usual to take the vote of the Council on such motions, and any councillor could take whatever course he thought proper afterwards. Cr Haynes submitted to His Worship's ruling, but read the Standing Order relating to the rescinding of previous resolutions. He held that the report of the Water Com* mittee dealing with the matter of the pipes had been adopted by the Council, and Cr Solomon's motion would have the effect of rescinding that decUion. He, "however, submitted to Hi& Worship's ruling, at the same time dissenting from it. His Wobship : I interpret the clause differently to what you do. Cr Hayses : Then according to your interpretation the Council can deal with any matter upon which a private person sends in a letter, notwithstanding the fact that the question may have been previously decided. His Worship :' No, that 13 a wrong inference.

Cr Gore said the object was that the citizens should lose nothing, and Cr Solomon's motion seemed a way out of the difficulty. Cr Solomon, in reply, said his object in moving the motion was to end the very disagreeable incident and get the money for the pipes. He could not tee any object in sending the matter to the Committee. They had already gone very fully into it, and could not assist the Council in any way. On being put to the vote the motion was carried, Cr Haynes dissenting.