CORRESPONDENCE.

Hawera & Normanby Star, Volume XX, Issue 2433, 22 May 1893, Page 4

CORRESPONDENCE.

THE HAEBOR E&TE CASE.

To the Editor of the Star. Sir, — I am somewhat surprised at the tone of your leader in Thursday's isuie upon the Stratford movement to obtain relief from tbe harbor rate. It savors more than is usual with you of prejndioe. and ends with propho3ying as to what Government will do should the court grant relief to the Bottlers struggling under this iniquitous and illegal imposition. Of Conrso in dealing with snoh a matter in court I was obliged to confine myself to technicalities. When I attempted to discuss the matter from a moral point of Tiew the Magistrate stopped me. You jiaVe assumed that the grounds of objection are merely technical, as if tbe proceeding had been in substance regular and bona fide, but that through inadvertence or mistake an error had ocourred in the, record. You say the claim of the harbor ratepayers reßtß not on narrow technicalities. I agree With you bo far as to say such a claim Should not rest on narrow technicalities, and may say the claim put forward on behalf of Mr Tocker on Tuesday rests on broad grounds' of justice and fair dealing. In this again we are agreed, and it is Upon the broad ground of justice and fair play " that no taxes shall be imposed without the consent of the legislation ;" that tbe Stratford people claim exemption from a tax, illegally levied to pay interest ipon money borrowed in defiance of the most peremptory injunctions of Parliament. It was for the supremacy of the law the Barons stiove and succeeded in the 13th Century, and the Bame supremacy of the law was Beonred by the Petition of Bights and the Act of. Settlement at a later period. What are 'the facts of the case ? In tbe year 1877 the Legislature enacted that if New Plymouth could for a loan of £200,000 obtain an efficient harbour, a harbour it might have, but the right to borrow was surrounded by what seem the most stringent condiitions. The words are : "No borrowing power shall be exercised until plans, specifications and estimate of cost have been prepared*^ Then the Engineer-in-Chief is to consider and report upon." If these were all satisfactory the Governor-in-Oouncil was to approve them all,- but there was an important condition to be observed before that approval could be legally given. This condition is that no such approval Bhouid be given unless tho estimated cost of the work to be approved did not exceed the amount authorised to be borrowed. There now seems abundance of evidence that the plans approved -could not be carried oat for double tbe amount borrowed, and there is little doubt that no engineer could have certified to less works than those approved aB constituting an efficient barbor. The estimate of cost was of the very essence of the matter, and yet in your artiole you speak of "narrow technicalities." If there had been any reasonable prospect of the approved works being executed within the prescribed limit of cost the mere fact of the estimate of coßt not having been recorded in the order Would have come under your designation, on the contrary tbe plans and specifications were approved regardless of cost, and at a time when the popular belief waß tbe works could not be executed for under JG500.000 at the least. You say "to secure relief from its weight by recouzse to technicalities would be dishonest." Is it more dishonest to seek relief by recourse to technicalities than to enforce a claim without lawful right to do so ? Upon this subject ther6 is a well known maxim : " Those who seek equity must do equity." There is' also another very good rule, " Those who seek redress upon the grounds of honesty must come into court with clean hands." What is the position of tbe bondholders in the matter? Did they exercise, in lending their money, that caution whioh prudent persons Bhonld do ? Had you gone on quoting the prospeotus under whioh the loan was oflered you would have found the Act of '77 giving the conditional authority, and the Harbor Act, 1878, which repealed the claim of the '77 Aot giving the conditional authority. Had they examined tbe 77 Act, they would have found that five documents Were noc exhibited, and, had they enjj quired, they would have found tbe estimate^ on wbioh the right to borrow largely depended, had no existence. What would happen to any unfortunate lawyer who accepted such a faulty title? Had the money lenders exercised due caution, the matter must have been remitted to Parliament, and we should not now have been afflicted with the abortion called a breakwater, nor a harbor rate. Parliament Would have enquired as to cost, and either have voted sufficient money or stopped .the whole affair. Through the negligence 'at. the money lenders the money has been lent without seourity. Who, then, ought to Buffer : those who, through their own negligence have lerit their money on a bad title, or the the struggling Bettler, who had no say in the matter, no option ? Is it honest, or equitable, or just, that a rate should be enforced for which no adequate consideration is give a, and which is imposed in spite of the injunction of the Legislature to the contrary?— l am, &<>., J. Barleyman. Stratford, May 20. .

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