LAKE COUNTY COUNCIL.

Lake County Press, Issue 498, 21 April 1892, Page 3

LAKE COUNTY COUNCIL.

An ordinary meeting of Lako County Council was held in the Council Chambers, Queenstown, on Wednesday, April 13th. Present Ors James George (Chairman), IT. B. Moore, H. Graham, P. M ‘Bride, James Fox, John Elliott, and John O’Meara. Minutes of previous meeting were read and confirmed.

The Chairman read the following report : Since the last meeting of this Council I have gone carefudy into our financial position, which at present is as follow* Overdraft at Hank, £2053 17s 8d ; accounts to b* passed to-day £493 Os 5d ; liabilities on contracts, £278, making the total amount of our liabilities £2,824 ISs Id. The limit to which we are legally entitled to overdraw fer the present financial year I make out to be £4,467 7s, but this amount I hold to be to a certain extent fictitious, as it includes rates on Crown Lands and subsidy on general rales, amounting altogether to £490 4s Bd, and under the now existing law both these sources of revenue are cut off. I also consider our goldfield's revenue to be far in excess of what we can calculate upon as an average, as a good number of special claims taken up during the dredging boom, and the rents of which are included in our last year’s revenue have since been cancelled. Ido not think, therefore, that vre are justified in at any lime during the financial year we have entered on allowing our overdraft to exceed, say, £3,300. As Parliament will very likely meet before another meeting of this Council, I would strongly advise that wo immediately take steps to bring onr position before Government. I suggest that we correspond with all counties similarly situated to ourselves, with a view of taking joint action in bringing pressure to bear ou the Government, and, should this bo done with unity and firmness, I have little doubt but we will meet with a certain amount of success.

I would also suggest that we urge upon the Government the necessity of at once proceeding with the continuation of th« Te Anau-Wskatipu io»d, which is undoubtedly a work of the very first importance, both locally and colonially, as it would connect our magnificent lake system, thus making the whole of our wonderful scenery easily accessible to the tourist, beside* opening up a large extent of fine agricultural and grazing land. It is * work where, comparatively speaking, the outlay would be as nothing compared with the advantages to be derived there f rom.

Cr O’Meara: Mr John Brown is waiting to address the meeting rt the leasing of section 86, block V, to Mr John Allan, and I suggest that this business be considered first. (Agreed to.) The letter from the Crown Lands Office ra the leasing was then read. It stated that section 86, block V, Shotover district, had been applied for by Mr John Allan, and the Land Board had deferred consideration until hearing from the Council on the subject. Mr John Brown, on behalf of himself, Mr A. Brown, and Mr John Turner, said they objected to the Lasing of -section 86, block V, Shotover district, to Mr John Allan on the ground that the section was a reserve where the settlers obtained water for

their cattle, and if the lease were granted they would be trespassers if they entered on the reserve, and would not otherwise be able to obtain water for their cattle excepting from a distance of two miles. He himself bad given £lO an acre for a paddock of 70 acres in virtue of getting the use of the water, and if the water were taken away, the place would become useless.

Or Fox said the water ran through the reserve, and it had never been used by the settlers regularly, but only occasionally, and Mr Allan would allow Mr Brown to have access to the water All that Mr Allan wanted was a lease, so that he could fence it.

Mr Brown : That is all very well. Mr Allan might do all this and let them have access to the water; but Mr Allan might sell and the buyer might not be so considerate. Mr Fox is wrong in saying we only use the water occasionally—we use it daily for our cattle. We also us* it for thrashing. Mr M‘Kenzie (ranger) pointed out the position on the map of the reserve, and stated that if the reserve were fenced he did not see how it would interfere with the water course. The hole where the cattle watered would be outside. He had reposted to the Land Board, and recommended that no lease be granted, but that a temporary lease be granted at 2a per acre, the water not to be interfered with. Or M‘Bride : A water reserve like this should be open to the public.

Ors O’Meara and Elliott also spoke against leasing the reserve. On the motion of Or Moore, seconded by Or Elliott, it was decided to oppose the application, all the Councillors voting for the motion save Cr Fox, who voted against it, as he considered it a hardship to Mr Allan and the public had the use of the water both ends of the road.

(In reply to a letter from the Council pointing out that the Council had not been consulted with reference to £sl compensation paid to Jam* s Butler for the resumption for mining purposes of section 15, block I, Kawarau Survey District), the Undersecretary of Mines wrote stating that the case in question was not one of resumption of land in terms of the Mining Act, but payment for improvements on an agricultural lease, the freehold of which the lessee applied to purchase, but which, in the interests of mining, the Government refused to sell. Compensation for improvements had accordingly to be paid in terms of the Act under which the lease was held.

Or Fox : It seems very strange we should be burdened with this.

Or M'Bride was of opinion that, having been saddled with it, they would have to accept the inevitable.

Or O’Meara ; But I think we can make them give proof that the ground is sufficiently auriferous to warrant the resumpt'on. After some little discussion it was resolved That the matter be left in the hands of the- Chairman and Clerk to go thoroughly into the statutes and see the Council’s position in contesting the payment of the £sl.

The Minister of Lands wrote, asking if the Council would kindly request their engineer to report on the condition of the track from Lake Wakatipu to Martin’s Bay, stating the probable cost of improving the track ao as to make it passable; also that it was stated that a rough track existed from Lake Wakatipu to Pyke’a Creek, a distance of about 45 miles, and that for a distance of six miles between Pyke’s Creek and Lake M'Keirow nothing had been done. It was also alleged that the Council took very little interest in the road.

After some little’Tliscussion, it was proposed by Cr O’Meara, seconded by Or M‘Bride—That a reply be sent the Lands Department stating that, owing to the smallness of the revenue at the disposal of the Council for general maintenance and road-making, they find it quite impossible to give the road in question little or any of its revenue, more especially as only £3 11s lid for seven years (from 1886 to 1892 inclusive) or at the rate of 12s per year has been received for rates, the whole of the riding being a particularly poor one, and it would be a fraud on the statute to spend more on this riding than its legal share ; the Council would respectfully ask the Government to place an annual sum on the estimates to keep this road open, at all events for pack traffic, as it is no doubt of vital importance to the settlers and settlement of the West Coast ; and that the request for the engineer’s services bo agreed to provided a sum bo granted for its repair. —Received.

Telegrams from the Minister of Mines were read authorising payment of £96 repairs to Garston-Nevis road in pursuance of Mr Black’s telegram to Mr Gordon of 27th February last.— Carried.

The Postal Department, Wellington, wrote forwarding, as requested, returns of the receipts and expenditure in connection with the Glenorchy Telephone Office, showing]a credit of £6 4s, after allowing for interest on the cost, maintenance, and all expenses. Resolved, cn the motion of Or Elliott That the matter be held over until next meeting, the clerk in the meantime to procure a copy of the original bond made betwen the Government and the Council.

James Marshall, Cromwell, wrote (enclosing correspondence from Mines Department in answer to his letter to them applying for remission of the sum of £2B due for rent of section' 1 block

XIV, Cardrona, Fatboys). The Minister had stated that, as goldfield rents were payable to the local bodies, it would be necessary to obtain the consent of the County Council before the rent could be remitted. The writer now asked the Council to give the mat-

ter their favorable consideration, stat-

ing that they had done their best by an outlay of money to prospect the ground (for their own profit of course), but, if sucessful, it would have been an immense benefit to the district and the County, as stated in his letter to the Minister of Mines. Through carelessness, they had neglected to cancel the claim until last November, and now they got a claim for rent up to April 4, 1892. He could hardly think that a public body would deliberately go in to claim their “pound of flesh” in that way, and, as the whole partnership had been wound up long ago, two individuals (Mr Talboys and himself) had to bo responsible for all.

The Warden, Cromwell, wrote giving particulars of the license to mine and the cancelling of same on 14th November, 1891, saying that the rent up to Ist April, 1892, would be £2B ; that a demand had been made and proceedings threatened, but he (the Warden) wished to get the opinion of the Council whether they would be willing or not to allow the rent to be remitted.

Cr Graham : This is a very hard case, and one we ought to consider. They never got any gold, and, if they had been successful, it would have opened up a valuable goldfield, which would have benefited the County. The parties had, through some oversight, neglected to get the lease cancelled. He would be in favor of remitting the rent.

The Chairman : They neglected to get the lease cancelled. Should the Council pay for their neglect 1

Or Elliott: I don’t see that we ought to. if wo make a distinction in this case, how many more similar appeals may we net have ?

Or Moore: To do so would be a bad precedent. They had the Assessment Court to go to, and, if we grant this, we shall have many more similar applications. Proposed by Or M‘Bride, seconded by Cr Moore—That this Council cannot recommend the remission of rent in Talboys and Marshall’s case.— Carried, all the councillors voted for it except Or Graham, who voted against it.

Mr D. Manson, manager Kawarau Falls Station, wrote calling the Council’s attention to the bridges over the Wye and Staircase Creeks, the banks having been washed away by the Late floods ; and in order to keep the road open for traffic he had to request that the bridges be replaced as soon as convenient.

The Engineer stated that both bridges had been washed away completely through the late flood. At Staircase Creek a very good ford had been obtained instead of erecting a bridge, whilst at Wye Creek a now bridge would have to be constructed altogether. The Engineer was instructed to visit the place and to prepare an estimate of repairs required for the bridges, and to report at next meeting.

Vasilie Seffer wrote applying for permission to deviate a portion of the track (about half a mile above Moke Creek Bridge) for a distance of about 15 chains. The track ran through his freehold. He asked that the engineer visit the ground and report on same. Or M‘Bride said the deviation would be a benefit to applicant, and improve the road. • He would propose—That Mr Seller's application to deviate Moke Creek track be granted, the Council reserving the right to open the surveyed road through his freehold property at any time they think fit.— Seconded by Cr Elliott and carried. The Land and Income Tax Department wro‘e, forwarding the clerk a statement of values of land proposed for the three years commencing from Ist April, 1892, for Shotover, Greenstone, Queenstown, and Kingston ridings.— Received.

A telegram was read from IT. A. Gordon, Inspecting Engineer, Wellington :—“Plans and specifications approved for Arrow-Macerown extension road, but require plan of bridge across Arrow river for approval before any material is got for this. Received. W. Turton, County solicitor, wrote re Davia and Moodie :—“I am in receipt of yours of sih inst. These parties being residents beyond the colony, cannot, 1 think, be sued in the R.M. Court, and the summons would therefore require to be taken out in the Supreme Court. This will be an expensive matter, and I shall feel obliged by your ■informing me if I am to sue in that Court. Davis and Moodie have transferred the property appearing, in the account you gave me to a company. Oontiderabiediscussion took placeover this matter. Several councillors were of opinion that it was of no use gettii g advice from the County solicitor, as he was solicitor also for Davis and Moody. Ic was ultimately resolved, on the motion of Crs Graham and M‘Bride.—That the Clerk bo instructed to take proceedings against Mr Miller for the recovery of the rates owing by Moody and Davis. The Colonial Secretary wrote forwarding copy of the proposed Bill to bs introduced next session referring to the keeping anil auditing of local bodies’ accounts.

Cr O'Meara strongly resented the clause making it necessary for expenses incurred by members of local bodies being verified on sworn declaration. He regarded this as an insult to all local bodies, particularly as

members of Parliament were not compelled i to do likewise, i t ‘Tim Chairman and Crs O’Meara and : M'Bride w-we appointed to examine and rej port at next meeting on the fpropos?d I measnre. I W. Tnrton, County solicitor, wrote at I length concerning the judgment in the case | against the Talisman Company (appeal 4 , j The deeision Ivd gone against the Council. I The writer pointed ont that hy tho judgment any p tsoh without means could now take up a claim, g -t another to put a dredge on, and whVi the rent of the ground got in arrear, the machinery could not he sdzed. He suggested writing to the Minister of Mines to get the regulations altered so that the local bodies would have a better standing in sneb matters.—The suggestion was adopted, the member for the district aha to be written to on the subject. . ("Cr O’Meara with permission from the Chairman here retired.] , W. T. Smith wrote requesting tli'e gravelling of the road between Green Gully and the river crossing, Macitown Road, about ( 20 chains. i On the motion of Cr Elliott, seconded by j Cr Graham it was resolved—That tenders bfe , . called for gravelling Macetown Road con.- , I moncing at Green Gully and terminating at j the Aurow river. -Crs Fox, Giaham, and . El’iott were appointed a committee to deal £ wi'h the tenders. { Martin Houlihan wrote requesting an ex- f tension of time for the completion of his con- r tract at Speargrass Flat for three week*, s as he was unable to do it in the time speci- { fied fbroogh hj iving to get in Ins crop.— j After hearing the engineer on the matter, it [ was agreed to grant the application, bnt a t fine of ill was ordered for non-completion g within time. , W. J. Thompson wrote complaining of t stones being placed on his fence line by an j employe of the Council, and requesting a re- e fund of 4s, llmcost of lemoving stones.— Letter received. j. The Engineer's report (read and adopted) for tho period ending 13.1 i April, was as fol- „ lows: — f, “ Roads and Tracks.—Th»so are all in good order, and some few improvement* are being made before the winter set* in to »oine of the outlying tracks. “ Damages by Floods. Early in Feb rnary there-was considerable damage done to the Staircase track, and the bridges across Wye Creek and Staircase Creek were washed ‘ away. The track has been put into good re- " pair at a cost of £ll 2s, but I did not do hj anything in the way of reinstating-the _ bridges, pending instructions from the Counoil. In the Garston district considerable - damage occurred to a'l the cross roads, ' which, in almost every instance, run up the C beds of the creeks,.and are more liable to dam- : ago in consequence. I have had all the ropairs effected (excepting some slight surfac- , ing in the Nokomai block) at a cost of £42 11 12a. - i i

“The pitching in the bed of the Rearing Meg is damaged and I am to meet Mr M'George on the spot and arrange about repairs at an earlv date. “ Contract No. 77 (road np f he Dart River). —This work is progressing favorably, and application has been made to Government for the vote (£200). I have recommended a progress payment of £BO, to be made on receipt of grant from Government. “Contract No. 81 (deviation Pleasant Creek track). —This work is also being carried out well, and I have recommended a progress payment of i'3o on receipt of grant V.

“ Contract No. 80 (formation and gravelling Speargrass Flat). —This work is not progressing as it should. The contractors made a start about the 3 d of February, and stopped after doing a few days’ work. A fresh start has now been made, but the contract time expired on 21st March. I would therefore ask the Council to enquire into this matter, as there is no Uie in including a penalty clause if contractors are going to please themselves when they will finish their work. •• *.

“Formation and Grnv.-lling, Garston.— This work baa been done at a cost of £37 10-i (including an extra culvert), or a saving of £8 on Petrie’s contract price. “Survey Arrow-Macetown Road.—The survey of thin road is completed, and the plans, which ware sent to Wellington, have been approved of bv Mr Gordon. The cost of survey was £7 15s. “ Improvements on main road at Wiboot’a HiU.—The grade has been eased and the road generally improved at a coat of £l4 2s (51.

“ M’Kinlay’s Kill.—Tliia work ha* been completed, and the road rounded up and improved from Cockburn’s to Ashworth’s hill at a cost ot £23 13*.

“ Repairs, Garston-Xcvis Road. —The Government hare voted a sum of money for this, and the work is now a'niost completed as far as Lake County boundary is concerned.”

Proposed by Cr M‘Bride seconded by Cr Moore—That no'ice be given of the intention to strike a rate of one penny in the £ on all rateable property within the County for the year 1892-93 and a rate of one penny in the £ on all milling property wiihin the County for the aatne period.

In accordance with notice of motion, Cr M'Hride moved--That the main enance of all main tracks and roads in Luke County be let by contract. —Seconded by Cr Moore. Cr Elliott stiongly opp jsc 1 the motion, contending that a good contract could not be made for the maintenance of mountain tricks, and th.it.no saving would result. Cr Graham also opposed the motion, as, according to the engineer's statement, the cost of maintenance by contract about equalled the cost by’ day labor and he thought more work was got out of the daymen than under the contract system,

The Chairman and Cr M‘Bride spoke in favor of the motion, which was carried on the Chairman’s casting vgte. For.it there voted the Chairman, and Crs M'Bride and Moore ; against, Crs Elliott, Graham, and Fox.—Tenders were ordered to be in by next meeting.

The following motions were carried with out discussion :

Proposed by Cr Elliott seconded by Cr Moore—That the following persons be appointed registrars of dogs within Lake County, viz :—Sergeant Nickle (Queenstown district), C instable Bowman (Arrow), and Constable Reemer (Pembroke); and that their appointments be advertised. Proposed by Cr M’Brid-, seconded by Cr Moore —That a further sum of 7i per cent, lie paid to the police for the collection of the dog-tax in addition to the 10 p;r cent, granted at last meeting. Proposed by Cr M’Bride, seconded by Cr Fox—That arrangements be made by thi chairman and treasurer to continue to obtain overdraft accommodation from the B .nk of New Zealand, and that this Council ratifies and confirms the arrangements made in the past and at present existing. Proposed by Cr M'Bride, seconded by Cr Elliott—That accounts as per folio 239240/ account book, including £l2 travelling allowance to Cr O’Meara, be passed for payment.

Cr Graham brought up the matter of the survey of the road from Millet’s Flat to Dan O’Connell, and afterwards moved—That the engineer fcein-trncled to complete the survey of the load from the Dan O’Gonjtell to the foot of the hill above Miller’s, at a grade of 1 in 10 and bring up an estimate lor next meeting of Council.—Seconded by, Cr Fox and carried.

Reference was made to some furze gi owing across the road at Mr Shaw’s. The Engineer thought the furze had b:eu

cut down and the road repdml, bat he would visit the spot and sec that it was done.

It was decided to hold the next meeting of Council on the Ist Monday in June. Tenders were opened and accepted as follow :—C. Constable painting Arrow (£43', Kawaraa (£9s),an Itj.vifcbum (£2l), bridges, £IG'2. A. Johnson, tarring and painting Gentle Annie Bridge and pointing Victoria Bridge, £G2 10s. There one informal tender.