COMPENSATION COURT.

Evening Star, Issue 12763, 16 March 1906, Page 6

COMPENSATION COURT.

THE MOMOHA CLAIMS. • (Before J. F. Woodhouse, - Esq,, Arbitrator.) ■ The adjourned bearing of the claims vof the Otakia ond ' Taaeri' fanners' against the Otakia Drainage Board was resumed the Mosgiel Oorurthonne this mborang,'before Mr J. F. Woodhoune, arbitrator. Mr J. P. M, Fraser appeared for the first ctahnant (James Ooramb), Mr J. C. Stephen® for the School Ocmmiissmuers, and Mr John MacGregor lor the defendant Board. Mr. Fraser said that the Court would remember that at the last sitting of the Court he made a proposal, for reasons then stated, that if the Otakia, Drainage Board would. undertake to wholly remove the darn, and pay the claimants’ costs, bewould advise his clients, whom ho had not then consulted, to withdraw their claims. Mr MacGregor said he wished his friend vrould refresh' bis memory as to what did actually take place. Mr Fraser said counsel had intimated to him during the week that unless the claimants would consent. to forego their claims for costs he (Mr MacGregor) could' not proceed towards a settlement of the dispute. Mr MacGregor said he wished his friend would not make such statements. He (counsel) would take the trouble to .repeat what had taken place. Mr Fraser had said that a proposal bad been made on Dehulf of the claim There never had be n any propo n3 made at the last sitting of the Court- as to the payment of costs. The suggestion that was thrown out could not be looked upon by anybody as anything in nature of a proposal, and he (Mr MacGregor) had bren waiting in expectation of some definite proposition being made of such a nature as would be likely to lead to a settlement. Indirectly, through a third person, he (-counsel) had intrmatfd to Mt Fraser that there was no use the ehiman'E making any suggestion: to his clients regarding the* raymmt of cost . b’Tice they last sat in that court- they were no further forward, as far as endeavor on the part- of the claimants was concerned. For has part, he did not accept their proposal as a proposal at all, and since the last sitting no overture® for compromise had bren made. Mr Fra-er; Do I understand my friend to say T am under a misapprehension? .Mr MacGregor: -1 say I made an intamatkm to you thivugh a third party. . "Mr Fraser : Do you forget our cony creation in my own ofikre? Mr MacGregor was not, referring to any conversation which took place in Mr Fraser’s office. Mr Fraser said hia offer was a distinct proposal. At the time it. was made hi' frierd very reasonably jv>id be could not undertake an.vtlsEng regarding costs without oorsnltation with his oHxmts, but he did any that if a maximum sum was submitted it would be considered. If any mrsapprebrnsion existed, let it- be removed at thti st-vre. Mr Woodhouse said that what he understood was the proposal mad© by Mr Fraser was this: if tit© dam were removed, and the Board would undertake to pay claimants’ costs, the cla.irnantß would forego further litigation. When the pro-posil was mode, Mr Stephens, who represented clients with very extonrive interests, said lie could not speak definitely without consulting hieclients, hut be- would recommend them to fall in with the suggestion. Mr MacGregor said that he would ho wdlhrvg to consult the Board over the hut did not th’.nk they would co-nrent- to pay the whole of the claimants’ rests. He it Knight the Board would probably consider a maximum sum if it were submitted. Mr Stephens said the Court- had stated the position exactly. He (Mr Stephens!, acting on that understanding, had, since, the last sitting, got in the accounts of the experts, called for his side, given them to Mr Fraser, so that they could make some assessment regarding costa, to be submitted to Mr MacGregor. Air Wnodhouse said he thought it would be best- if the parties would discuss matters, and remove any misapprehension which might exist. Mr Stephens said he thought the misapprehension would be removed if his friend would’ say if the question of costs would be entertained. Mr MacGregor : Ho question of costs will be entertained. As he had already told the Court, there had been -. ■ movement made by the other' side. But tire Board had made ae slight advanc towards the smoothing of matters. At a meeting of the Board yesterday the following resolution had bean passed:—“ With a view to going as far as it possibly can, without making itself liable to claims by the owners and tenants below the dam across Moynihan’s Creek, and being convinced that the removal of the addition made to the height of the dam in 1905 cannot,do any harm to those below, and that, in the present condition of the works, that addition cannot have caused any additional loa sto these above, the Board resolves that the said addition be forthwith removed, and that no addition be made at any time.” Mr Fraser; That is a_jnere trick! I am not using the word offensively. Mr Macgregor: It was a resolution which was intended to smooth the way. It was impossible for him (counsel) to proceed in the matter -without direction of the Board, and it was impossible for the Board, without some such resolution, to proceed towards a settlement. This resolution was adopted in order to assist him (counsel) in an endeavor in the interests of that movement. Mr Fraser: It doesn’t in any way assist or facilitate a settlement. It was a mere device, and was a distinct negative to the reasonable and considerate action adopted by the claimants. The resolution of the Hoard was worth little more than the paper it was written on. As his friend had stated the position, the Board could make additions to the dam, and then, when threatened with litigation, pass a resolution, remove the dam, make an addition to it, more litigation, make a resolution, remove it- again, and so on ad infinitum. The resolution was a mere tricking with the Board’s power. It bad been found impossible to affect a compromise; bat he gave his friend, Mr MacGregor, credit for making every effort in his power towards that end Air MacGregor: I made no effort Mr Fraser: Then I’m sorry, to say my friend does not see the seriousnes of his position. Mr MacGregor; We Lave been waiting for an adv;moe from the other side. Mr Fraser was sorry to see that his friend and himself could not see eye to eye. Ho proper endeavor had been made by the Board to meet- the laudable efforts for a compromise (advanced by his clients. Mr Stephens thought ho might say a word or two to put themselves right with the Court and with the public. The other day Air AlaoGregor bad said a great deal about lawyers protracting these proceedings in order to benefit their own pockets. He (Air Stephens) thought, in view of Air MacGregor’s sentiments, that something most decidedly would have come of the proposal made on behalf of the claimants. His friend did not seem to have considered that proposal a genuine one. To show how far it was genuine, be would tell the Court that immediately after the last adjournment he submitted the proposal to his clients, and the School Commissioners notified him'that they ratified his action. He then obtained the accounts of the experts, interviewed 'Mr BTaser, and together they made up an estimate of the costs, with a view to arriving at a maximum which might be considered by the Board. He (counsel) understood then that Mr MacGregor had staled that the question of costs would not bo considered at all by the Board. That statement had been reaffirmed by Mr AlaeGregor/’and‘ was now reaffirmed again. As a matter of fact, there was no desire for a settlement on the: part of the defendants. As far as the propostion was concerned, it had been taken by the other side—as it had been feared they would take it— 7B6 an admission of weakness. Mr MacGregor: Oh, come, now. Is my friend trifling -with the Court, and’ what does he mean by the other side? Air Stephens: l am not referring to my friend, but to his clients, who are making statements all over the district <■ Mr MacGregor: Well, if the Court

-Mr Stephens: I wish to place myself right with the Court and with the public. Mr MacGregor; Neither the Court nor the public have anything toydo, with; TfLis matter.'. ■ v v |../r ”, Mr Stephens was still prepared to, proceed towards a settlement onthe lines already proposed. The. other side did not intend to remove the dam, and never had intended to. Mr MacGregor; We never pretended to. ' Mr Woodhouse said if it was still possible to effect a compromise he would be most happy to do all in his power to forward such a movement, and adjourn the Court, so that the proposition nught receive further, consideration, Mr Fraser said there was another matter to which he would like to' refer. Out of an extensive legal knowledge; in opening the present Court, Mr Woodhouse had plainly stated that this Court was a fully constituted Court, with all the powers of a fully constituted Court. Among other powers which this Court possessed were oak enabling it to see that witnesses who gave evidence could do so without fear, and without any measure of coercion. He wished to state to the Court at once Mr MacGregor appealed to the Court. His friend’s action was most irregular. Mr Fraser; Do you know what I am going to say? Air Woodhouse (smiling); 1, think we may as well hear what Air Fraser is going to say. Mr Fraser; I’m going to say nothing that will wrong my friend. lam going to say this: .If under any circumstances we find that our witnesses have to undergo fear of coercion in any way, I shall bring the offender before the Court and ask the Court to deal with him in the usual way. Mr MacGregor: Oh! Intimidation ! Mr Fraser f No intimidation. He was speaking on Mr AlacGregor’s behalf as well as ,hia own. The witnesses on either side might be concerned. Such a thing might happen at any time. Now, in respect to the routine of business. Under the arrangement already made he could now call hia witnesses as to the question of individual damage, with the full power of calling auv further evidence he might deem necessary. Air MacGregor: I certainly object. The suggestion made by my friend is entirely unjustified. Mr Fraser appealed to the Court for its opinion and his position. [Some considerable discussion took place on _ this point, and eventually it was decided that each case waa •to .be taken individually, with the exception that the expert evidence taken in the first case would apply to ail. Air Fraser therefore declared James Colnmb’s closed. At ‘he time of going to press Air MacGregor had opened his defence, and called his first witness, James Thomas Gibson, chairman of the Otakia Drainage Board.] (Left sitting.)