POMAHAKA RIVER

Evening Star, Issue 14534, 9 December 1910, Page 4

POMAHAKA RIVER

INTERLOCUTORY INJ UNCTION GRANTED. PREVENTING POLLUTION. Mr Justice Williams this morning had before him a motion on behalf of Wm. Quin and others, of Tapanui, for an injunction to stay such operations of the Empire Dredging Syndicate's dredge as arc prejudicial to tho applicant's rights. Mr W. C. MacGrogor said that the applicants, who had riparian rights on the Pomahaka River, complained that the dredge owners had sensibly polluted the'stream and that tho pollution was getting worse, so the intervention of the Court was asked for. In one of the affidavits the defendants said tjiat they wished to get the evidence of a large number of persons as to the. facts, so lie (Mr MaeGregor) presumed that all tho Court would now grant would bo an interlocutory injunction restraining the dredge owners until the hearing or further order. . The defendants had had moro than the statutory time, but ho did not suggest that they should bo pressed in that particular ITis Ilouor: Where is the place? Mr W. luder: Three miles above Kelso. His Honor: If an interlocutory injunction is granted there must be aa undertaking as to damages. What do you say, Mr Inder? Mr lnder said that his clients denied that they polluted the stream. With one dredge working with seventy beads it was impossible to pollute such a stream even when working in it. 13ut the defendants said that they were working in a clam, and that there was absolutely no possibility of pollution; and as this matter was commenced so long ago as June of 19C9, it had taken the plaintiffs some time to discover pollution. His Honor: If there is an interlocutory injunction it will not be to stop tho dredgo working altogether, if you are working in a dam as you say. It would bo to stop the dredge from working so as to pollute tho river. Mr Inder said he suggested that the suit was not bona iide—that it was the Acclimatisation Society who were really moving—that they approached several people, and that no one would take action until they got hold of Mr Quin. It would be a serious matter to stop the dredge till after the long vacation. Further, if an interlocutory injunction were granted the defendants would have then to prove that they 'wore not polluting. To-day ho bad with him samples showing that the water was quite pure. A large number of settlers had, unsolicited, signed :i statement that the dredge, was doing no harm. This action was purely tho result of petty bickering between Kelso and Tapanui. His Ilouor: Where do you propose to work the dredge? Mr lnder replied that she would not bo in the river for sonic-, mouth:?. His Honor said he noticed by the affidavits that since, the dredge had boon removed to the paddock the water had been running fairly clear. Mr MaeGregor: Wo admit that.

His Honor: Then so lon.u; as she is in the paddock you do not want anythin-. t Mr said ihat the pollution was still fjoinji; on. though not visible to the nuked eye, and they did not know y.'licn there would be a rush of polluting matter. Tito defendants had already broken the bargain they made abort 1 his. Mr lnder denied that that was a correct statement. After further discussion His Honor made an order restraining the dredge owners, till the hearing or further order, from working in such a manner as to injuriously affect the plaintiffs' rimht. with the usual undertaking as to damages, the hearing to be before the Ji;d.';e at the nest sitting in Dtinedin.