THE Grey River Argus. PUBLISHED DAILY. FRIDAY, JANUARY 9, 1874.

Grey River Argus, Volume XIV, Issue 1695, 9 January 1874, Page 2

THE Grey River Argus. PUBLISHED DAILY. FRIDAY, JANUARY 9, 1874.

The history of the Westland Tramways seems not unlikely to form an important chapter in the annals of this district, and as the origin of the difficulty which has ended, in the case of the Hokitika and Greymouth Tramway Company, so unfortunately for the Province dates back to the year 1869, it may not be unnecessary to recall the circumstances to the minds of our readers. On the 25th January, 1869, it was moved by Mr Harrison, in the County Council, and seconded by Mr 'Carreras — "That a Select Committee, consisting of Messrs Bonar, Lahman, Barff, the County Chairman (Mr Hoos), and, the mover, be appointed to draw up for the consideration of the Council a plan for placing the whole of the tramways in Westland under a uniform system of protection and control." This motion was carried without dissent, and in the month of February the Committee reported. Of this report the last clause was—" Your Committee cannot admit the claim of any tramway company to compensation by the Government should the general interests of the public make it desirable that an ordinary dray road should be made contiguous or parallel with any tramway line." At the same time, the report recommended that "the guarantee of the Council should be given to any tramway company applying for the same, guaranteeing a minimum rate of interest of eight per cent, per annum on the actual amount of the cost of the line," subject tri certain conditions as to maintenance, &c. This report was received by the Council, but for the purpose ■ apparently of stultifying the above quoted recommendation as to disallowance of any claims for compensation on account of a dray road bein^ made contiguous to a tramway, the following resolution, moved by Mr Rees, seconded by Mr Carreras, was' adopted — "That in the event of a Government road being opened which shall compete with any tramway to its detriment, such compensation as the Council may deem fit shall be given to the owners of the tramway so injured." In accordance with this report there was published in the County Gazette of March 24, 1869, a code of Regulations under which tramway companies might receive protection from the Government. The last of these regulations was word for word the resolution cited above. The fourth regulation stated that when protection was granted to a tramway, such protection, should give the owner i the right to occupy not more than half a chain in width of ground along the length of the line, and areas not exceeding an acre for station purposes at convenient places. ;The fifth regulation provides that a guarantee of not les3 than eight per cent. 1 may be given by the Council to any tramway company complying with the conditions enjoined; .and the sixth regulation states that "^ail existing tramways may be brought under the conditions and obtain protection for a period of ten years." The County Government having so far committed itself, proceeded to construct roads, and in doing so totally destroyed the bnsiness of the Hokitika and Greymoutlf Tramway Co. along that portion of their line which they had then constructed, "Hence j under the resolution of Mr Rees, the company began to seek " such compensation as the Council might deem fit." The Council, however, seemed very little : disposed to deem that any compensation at all was fit, and the matter was postponed and postponed until the 7th August, 1872, when Mr Lahman, then County Chairman made the following motion : — "That the Council recommends that a decisive offer should be made to the various tramway companies claiming compensation to pay them 8 per cent, interest for the remaining term of protection on the capital actually expended for the construction of their respective lines, in payment in full of their claims against the: the County Government, derived from the Regulations gazetted on the 24th March, 1869. The payment to be made in land, and depending on the. consent of His Excellency the Governor." To this several amendments were moved, amongst others, one by Mr Hoos, "that each tramway claim be separately dealt with." None of these, howeyer, were carried, and ultimately the resolution itself was allowed to lapse by its mover, Later on, in the same session, another notice of motion on the Bame subject was tabled by Mr Lahman, proposing the same terms as the above for settlement of the difficulty.^vith the Hokitika and Greymouth, and the Hokitika and -Kanieri Companies, and also to buy out the Hoho Company. An amendment was moved by Mr Barff, and seconded by Mr Robinson, "" that the question of compensation be submitted to the General Government for their decision ;" but the Chairman ruled that the amendment could not be put to the Qouncil, because it had not been seconded ■in time, Mr Robinson then moved the adjournment, of the debate to that day •six j -m6nths, which was seconded by Mr Fox,, and, carried. Curiously enough, amongst the names of those who voted ijir^the amendment is that of Mr Lahman himself, who thus shelved his own motion. The division list is worth preserving — Ayes : Messrs Button, Robinson, Fox,

Dungan, Lahman. Noes : Messrs Ralfe, Barff, and Hoos. An effort was subsequently made by Measrs Hoos and Barff to rescind this resolution, in order not to delay the settlement. This was overruled, the proposer and seconder being opposed by all the other Councillors. Thus matters went on until the session at the commencement of 1873, when Mr Robinson was chosen Chairman. On the 30th January of that year Mr Cassius asked whether the Chairman intended to introduce any general measure for the ! final adjustment of the long vexed question of tramways. To this Mr Robin3on replied that he had no such intention, as he did not consider any general measure would be applicable to all the tramways. Finally in the same session, on 14th March, the following resolution proposed by Mr Cassius, and seconded by Mr Barff, was adopted :— •" That the Chairman be authorised to take the necsssary steps to have the claims of the Hokitika and Greymouth Tramway Company referred to arbitration." A secoud resolution, explanatory of this, was also moVed by Mr Cuming, seconded by Mr Kennedy, and carried. This runs as follows :— "That owing to the great diversity of opinion existing amongst members of the Council in the matter of Tramway Compensation, it i 3 resolved that the matter be referred to a Judge of the Supreme Court of the Colony to be by him decided in equity, and that the Chairman take immediate steps to give effect to the resolution." Notwithstanding these resolutions, the Chairman took no steps for the final J settlement of the matter, and consequently in the next session of the Council, on 15th August, he had to announce that he had been served with a writ by "the Company for £20,000. It was that the case should be deeded in Nelson, although the evidence was taken before a special commission i n Hokitika in November last, and t'^ result is such as has been telegraph *&• The telegram was not very explicits aa to the^ppggifelejeduction. The explan^ioj-ir porobably this. "The Company £20,000 for the loss of its ten years' protection agreed upon by the County, or at the rate of £2000 per annum. This protection would not expire until 1879, and it is on the supposition that a claim for the whole period is good in law that the verdict for the larger amount is given. This point yet remains for the Judge's decision.