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CITY COUNCIL.

The fortnightly meeting of the Dunedin City Council was held last night, when there, were present—His Worship the: Mayor (Mr H. Gourley), Crs G. K Depnisbon, H. F. Hardy, R. Chisholm, J. Gore, P. Miller, W. Swan, Charles Haynes, C. M. Mouat, J. Carroll, J. A. Park, and A. Solomon. THE'DUNEDIN AND KAIKORAI TRAM. Mr Hosking waiting upon the Council in support of the objection made by Mrs E'.-0.-. Reynolds against the taking of a portion of her property throughwhich it was proposed that the line of the Diinedin'and Kaikorai Tramway Company was to'run. Mr Hosking pointed out that the procedure, arose: under the PublipvWorks\ Aotcwhich preLscribed the method .under whichland was to be taken for public works. That had been complied with both by thV'company V and ■by the present - objector. The solicitor of the Tramway Company had informed him that morning that it waa unlikely the company would be represented at the meeting of the Council. The objections to the land in question being taken that had been lodged were these :—(1) That the land proposed to be taken was occupied by a garden, and no previous: consent of the Governor-in-Conncil nor- of the owner had been obtained; that the work was nob for railway or defence purposes, and was not to be done under special Act; (2) that it is ultra vires for the Council to take land for a tramway are not themselves going to construct; and (3) that the company proposing to construct the tramway had not lodged with the Council a sum of money to provide the compensation that would probably be . awarded for the land to bo taken. Section 14 of the Publlo Works Act provided that a man's "garden could not be taken without the owner's consent having first been obtained, or, at all events the consent of the Governor-in-Coancil. The bbjeotor in this case bought the property Bome three or four years ago, and expended a considerable sum of money upon it, intending to make it a permanent home. When the projection of the Kaikorai tramway was first mooted he mentioned to the promoters that their action would so cut up his ground as to render it practically uninhabitable, and be a nuisance to the house. His first proposal was that he would sell the whole property for a oertain amount, but that was met by a counter offer of a sum which waa not sufficient. The company went on with the survey, taking a 15ft frontage from Mr Reynolds's property without ever obtaining his consent. After forty days had lapsed the company made a proposal to give Mr "Reynolds a certain Bum of money and a piece of waste land that they would be able to acquire at the back of the High School grounds. Mr Reynolds, not wishing to ba harassed by proceedings, made a counter offer on the day the Counoil last sat, butit was not accepted. Mr Reynoldssawtho representative of the company and asked if the line of the tramway could not be altered so as to avoid cutting, up his. property, and showed them where the line couid be taken so that he would still have the annoyance of it near his house bub would get no compensation. If the line waa taken through where it is now proposed to take it, it would run through the High Sohool playground and be a perpetual menace to the safety of the boys there throughout the day. It was to avoid that, as well as to prevent injury bo the boys, that Mr Reynolds suggested taking the line up the street. However, the engineers of the company looked upon the curve that would be neeaßsary in- that route-with considerable objection. The Public Works Act provided for the taking of the land for tramways under a special Act. Now, in the present instance, there was no special Act. The work was evidently being gone on with under the Tramways Act, which was not a speoial Act, but a general Act, empowering tramways to be made any where and everywhere, If the Counoil did not Btay the hands of the company it would be necessary for tho objector to do so by applying, to the Supreme Court for an injunction. As regarded the second cause of objection, it was well known that neither the Council nor the Corporation were constructing this tramway,. and nowhere did the Act authorise a private company to take landfc . The Act said that a local body could delegate their powers to a private company, but if the Council in this case had delegated their powers to the Tramway Company '_ why were the landowners brought into contact with the Council, or if they had nob delegated their powers why" were the owners brought into contact with the Tramway Company? What guarantee had they, that after the land was taken the tramway would be proceeded with ? The Counoil had allowed their streets to be cut up, pr&btbly to find iu the end that no tramway was constructed at all. The Counoil had provided no such guarantee in the way of taking bonds from responsible people that there shall be a tramway. _ Mr HoskiDg submitted that the objections should be oon&idered as well founded, and that the Counoil ought nob to allow the matter to proceed. At any rate he mightsuggest that the Counoil thoroughly exhaußt the question of whether another route was not practicable, which would avoid injury being sustained by Mrs Reynolds and the great public injury to the High School grounds by the present proposed route of this tramway. In reply to Or Solomon, Mr Hosking said that Mr Reynolds in the first place offered to soil the land outright for £1,750, and the company offered £1,450. The company afterwards offered for the portion of the land to bo taken £125 and the triangular bit of ground left between the tramline and Mr Reynolds's property taken out of the High "School rectory reserve. Mr Reynolds agreed to take this piece of ground, but asked £2OO for the portion of his propertv that was to be appropriated. It by no means followed that that offer would hold good if it was to be contestod in the Supreme Court.

Cr Solomon : The question as it now stands is whether Mr Reynolds is to reoeive £125 or £200; it is a matter of £75.

Mr Hosking : If they had accepted our offer,. r

The Town Clerk said that the position had been forced upon the Counoil, and it was one that was apparently intended by the Act. 'Every step the Council had taken had been on the advice of their solicitors. On receipt of the objections from Mrs Reynolds he had written, to the Counoil's solicitors, Messrs Smith and Chapman, and they had replied that the Tramways Act was a general Act for a speeiaL matter, and, therefore, if the Council thought it expedient, the work could proceed. Mr Hosking: The Tramsways Act is a general Act, and applies to counties as well as to towns and boroughs; The Town Clerk •. I would like to say that this Council can hardly sit as a Supreme Court to decide technical legaVF objections. The ia so. Acting on the advice of thV solipitorsi I beg to move th&t tho Council resolve— 't That it is expedient that the proposed works of the Dunedin and Kaikorai Train Company be executed; that no private injury JwiU be done therebv for whioh due compenßaiibh.will not be provided by the Public Works' Act of 1894; and that the land proposed to be taken shall be taken under the Act."

(Si Solomon seconded remarking that the parties should fight it out in the Supreme Court. In reply to Cr Chisholm the Town Clerk said that the first duty of the Council would be to obtain, frqm, the Tramway Company a

! guarantee v to. pay-theeostaof any.lifcigatiqn that might take place..' [ Cr Gore .'said that: the Council had had the position forced" upon them. They had been/aiked. to give the. company power to I make a tram line, and whatever happened I afterwards would have nothing to do with the Council. It would, coma before a judge of the Supreme Court and two assessor?. He did not think the Counoil could refuse their assent to the application. " _ Thei motion was then put and carried nem. dis.~ ■ ; "v■.-..:.."■.■... ?•■"•,:.-• ■■'.;':: .'•'' v- . CORBESPOitDBNCB.' Mr C."Rr Chapman wrote stating that he took occasion to call upon.HisExcellency the ; Governor while in-Wellingtona few days ago, and that the Governor, then expressed his willingness i;o reside in*Dunedin " fo could he obtained large 1 enough.-to-.accom-modate, liimself, his family, and. staff.(Laughter.)—Receive^;- 17. - -V -' Mr J. teeadlew'xote asking if the Council .considered it desirable to'have its gardeners and sextons and their pernianent assistants sworn in; as fipeeiarconßtablesVwith a view of assisting in preventing the" stealing cf flowers from-the grave plotsj and-stating that on Wednesday last he saw two persons pluck growing flowers from six graveß. Referred to the Reserves Committee to act. Mr John Parker wrote drawing attention to the state of Russell street almost in front of his premises,; the result of which wai that his cellar was flooded.—Referred to the Works Committee.

M r A. G. Kidstoh-Hunter wrote directing attention to circumstances which showed that most Btrin£ent measures would require to be adopted in regard to: the question of milk supply. «' A serious illneES," Mr Hunter wrote, to niy'child, which culminated m m ..operation'having to re performed. The nature of the illness was such that I took steps to ascertain the cause, audi after" deliberation,* formed the conclusion that the '•• sickness 1 was caused through drinking unwholesome,milk. I rc« reported the matter to you£ inspector; Mr Snowball,' who" kindly gave hi* immediate attention to the case, with-fiie result that several.cows of" diseased nature, suffering from tuberculosis, were condemned and killed.-; Mr Snowball, at my request, took samples of milk from diseased .'cows (before destroying them), my intention being to forward samples to Professor.Black, the analyst appointed under the Act, but as he hap. pened to be away in Wellington I analysed the samples-myself, and as the result have no hesitation in"pronouncing", the milk unfit for food. The cows fromwhich the Bamples were obtained had supplied milk to Dunedin up to that date." The writer suggested that inspectors be authorised', to take samples of milk direct from„ahy cow in a herd whioh supplies the Gity with milk.—Cr Solomon remarked that if~the statements contained in Mr Hunter's letter were true they showed that the dairies were not being inspected by the Corporation inspector as thoroughly as they should be.—The Mayor mentioned that the Corporation inspector said that the samples of milk he handed to Mr Hunter were Bour when he got to them." —Cr HAYNES-said this case had already been dealt with by the General Committee, and he might Bay that the statements made in Mr Hunter's letter were not strictly in accordance with the faots as stated by the inspector to the Committee,—The letter waa referred to the General Committee to report.

A copy of the Municipal Franchise Enlargement Bill, introduced into Parliament by Mr Tanner, M.H.R., and forwarded by MrScobie Mackenzie, M.H.R., was referred to the General Committee to act. Mr" A. Megget, chairman of a meeting of L9ith Ward ratepayers, wrote forwarding a copy of a resolution adopted at that meeting on the subject of the Northern Recreation Ground.—Mr James Richardson, writing on the same subjeqt, explained that it was hoped that next year the use of-the ground opposite the Botanic Gardens would be obtained for cricketers and footballers; and that meanwhile those interesting themselves in guarding the rightß of the citizens in respect of the Northern Reserve were willing that the privileges stated in the resolution (forwarded by Mr Megget) should be conceded, but strongly opposed the granting of the other concessions asked by Mr. Joel.—On the motion of Cr Swan the letters were referred to the Reserver'Cbmtriittee, -with instructions to bring up a report at next meeting of the Council.

" : - ; KEPORIfS. : The reports of the Workß, Reserves, Gas, General, and Finance Committees were adopted as read. On the motion for ithe adoption of the Water Committee's report.-which contained the statement that the Committee adhered to their former resolution re the application of the New Zealand Co-operative and Agency Company for a water supply to the engine in the oompauy's shop in Rattray street—viz., that it be'deolined, Cr Muxes moved as an amendment, and Cr Chisholm seconded—"That the application of the "DunedinCo« operative Agency -Company for a apeoial water-supply be granted."~The amendment was lost on a show of hands, and the report was adopted;- v

A VIOE-EEOAJj BESIDENOE. Cr Desniston That it be an In* struotionto: the Finance Committee to take into consideration the question of providing a residence for His Exoelleneythe Governor in this City." Cr Solomon maintained that it was not a scrap of ; good referring-_this matter toths Finance ..Committee.. The.-: matter was one for the General Government; but even if it was a question for the Council they had no funds available for the purpose. Cr Mouat said the subjeet seemed to him to be a proper one for the Council to con-< aider. There were no funds at'the'Council's disposal for the purpose, but there might be means of accomplishing the, object without spending mnch money; Cr Swait took a similar, view-to that expressed by the previoua speaker.' Cr Denntston said nothing- was further from his mind than the idea that the Council were themselves to do anything.- It was dear that if anything was to. be done it" must be by the assistance- of General Government and of private citizens, and the Committee might make representations on the subject. .' ,;.. .~\, ..: The motion was then-put awl.carried. _ r ; .tesdjebs;-: _ Tenders fe laying a drain from the iiaiborai Stwam to the abattoirs were referred to the General-Committee to act. The tenders of Henry Cyders (£724) and George. Morison {£Bls) for the erection of office and stabling; at .the abattoirs were referred to the iame Committee. .

.';-..THB-HOBCESS LIST. The applications of twenty-nine persona for enrolment on the burgess Hat, being certified to by .the town clerk as being in order, were granted.'' , - . • ;

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Bibliographic details

CITY COUNCIL., Evening Star, Issue 10450, 21 October 1897

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2,369

CITY COUNCIL. Evening Star, Issue 10450, 21 October 1897

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