The Gore-Elbow Railway.

Mataura Ensign, Volume 15, Issue 1156, 5 February 1892, Page 2

The Gore-Elbow Railway.

(' Weekly News,' Marsh 2, 1878.) In accordance with a notice in the newspapers, signed by Mr Alex. McNab and Mr P. 3L McCaughan, a publio meeting was held at Knapdale on Saturday laat, to take into consideration the route of the railway proposed to be con. structed nnder the District Railways Act to connect the main trunk line at East Gove with the township of Waikaia (Switzers) and Lumsden (Elbow) on the. Kingston line. There were about 4-0 persons present, and Mr McCaughan consented tv preside. The Chairman, in explaining the object of tho meeting, said that if a railway constructed under the District Railways Act did not pay, the country through -which such line ran could be taxed vo the extent of 5 per cent on the cost of its construction for the purpose of meeting the loss. Ifc would therefore be of the greatest importance that the proposed railway sbould be taken the course which would ensure for it the greatest amount of traffic. To decide this was the main question they had then to considernamely whether the line should run along the south side ol the Mataura to West Gore, or the opposite side to East Gore. Mr Powdrell thought that before deciding on any site as being the best, they shonld first be satisfied as to the extent of the district that would become liable for the railway, and, secondly, as to the amount of the taxation the settlers con- 1 cemed might be called upon to bear. The Chairman said that he should think the extent of district necessary to guaiantee the railway would be five miles on each side of the length of the line. Mr Powdrell: Then as to the taxation ? . The Chairman: The railway might be presumed to cost from L2OOO to L 2500 per mile. There would be about 50 miles of line, which would cost about ii 125,000, 5 per cent upon which would amount to about L6OOO. This would be the heaviest amount of taxation the settlers could be called upon to bear on account of the railway. In answer to another question by Mr Powdrell, the Chairman said he understood the railway was going to be made. It would fall through, of course, if a majority of the ratepayers objected to it. Mr G. M. Bell (Croydon) explained ihat it required a majority of ratepayers representing one half of the property to he rated on account of the railway, to sanction the work. He then enquired whether any plans of the proposed routes had been prepared. ' ' The Chairman answered in the negative. He added . that the survey was proceeding, and that the expression ol the feeling of that meeting would influence the authorities in deciding the direction the line should take. The line was now bein 4 - surveyed from Lumsden to West Gore, and he understood that a survey of a proposed line on the opposite •Side of the river was to be made— tbat was from East Gore through Chatton and' Otama districts, crossing the Mataura river between Otamete and the Pyramids, and running thence to Lumsden, Switzers being connected by a branch line. In answer to Mr Bell, the Chairman said that the length of the route from East Gore to Lumsden and Switzers would be about 50 miles. Mr Bell : Is there any company formed to carry out the work ? The Chairman said that he understood that one company was projected to form a lino on one side of the river, and another to form one on the other side, and that the one that received the largest measure of support from the peoplo would be constructed. .Mr Milne proposed, and Mr Donald seconded—" That the railway start from East Gore, running through Chatton and Otama, and crossing the Mataura between Otamete and Pyramids, thence to Switzers and Lumsden." Mr Green, of West Gore, moved as an amendment— " That the line start from West Gore, as at present being surveyed to the Pyramids, thence to Lumsden, branching from Lumsden to lhe township of Waikaia." Mr Chisholm objected to Mr Green taking part in the meeting, as he did not belong fco the distriot whose residents were invited to take part in the meeting. The Chairman read the notice convening the meeting, which showed that it only appealed to the settlers of the Chatton and Otama districts. As far as he was personally concerned he would not be disinclined to allow any of those interested in the railway to take part m the business. Mr Kennedy considered that they should just find out how many settlers Weie in favor of a line, and how many against it. There was some misunderstanding regarding the matter, which ought to be first explained. Mr Chisholm said that he might be . able to give some information on that point. About a fortnight ago he took a petition round the Ofcama and Chatton districts, and every settler he asked •signed it.- , -Mr Kennedy would like lo know whether those who signed the petition understood whether the railway was to he made under the District Railway Act, or by a private company, and that il they agreed to a railway under the Act they would become responsible for the cost. Mr Powdrell said he believed it was not exactly known under what circumstances the railway was to be obtained, but the general impression was, he thought, that it was to be constructed by ihe Government. Many, he knew, thought it would be made under the District Bailway. Bill, and demurred to sign the petition on account of the heavy charge . the railway might entail upon them, Mr Kennedy : Are we to understand theiine is to be made under the District Railways Act P Mr Powdrell : Decidedly so. Mr Kennedy hoped then that every: one would consider well what he was doing, Mr Bell said he would second the amendment, but wished it understood that he did so pro fornia with a view of arriving at a decision as to which the railway should take. He might say that a company was organised and funds subscribed to make the railway, the object of the promoters, who were principally capitalists, being to secure the most direct communication between Gore and the Elbow. For this purpose the Minister for Public Works (Mr Larnach) was interviewed when he was m Southland, and directed the Engineer-in-chief {Mr Carruthers) and Mr Blair to make an inspection of the whole line. They did 60, and the Minister for Public Works instructed the surveyor to report at once on the route. His instructions were to report on the most practicable line, and tbe oae that wouldopen tfee most country. Thew were only two practicable routes, me on the south side of the Mataura,

Pyramids. To cross the river by a line at any spot lower down so as to bring the junction at East Gore would be impracticable, owing to the nature of the I river. At the Otamete, whero it was proposed to cross the river with the railway, he had seen the country flooded for a length of time— not merely for hours, but for days— and Mr Milne and Mr Brennan had also been eye witnesses to this state of things. It would be perfectly impossible to put a railway embankment at the spot unless the river was piled for some miles. As regarded the cost cf construction of the line, it would be well for them to fully understand that whoever guaranteed that cost mortgaged their property on that account. As regarded the mode of procedure with f the work, he took it that a company would first have to be formed, and before | the construction of the line was j sanctioned it would have to be surveyed, 1 and the centre chipped. After this a vote would have to be taken of the ratepayers affected by the line. There was nothing said in the Act as to how much country you might rate for a line. It did not fix five, ten, or any other number of miles on either side as the amount of country to be rated ou account of a railway. He believed that the settlers on whatever side of the river the lino was carried would be alone liable for the maintenance of that railway in the event of its not paying. The river being between the line and a certain part of the district would exclude Bottlers in that part of the district from liability in the matter. As regarded the oost of the work, taking the data of the line frem Gore to Clinton, the proposed line along the route now being surveyed from Lumsden to West Gore would cost about LIOO,OOO, including sidings, platforms, three engines and carriages. The distance was about 35 miles, and if a line were carried to Switzers, the additional length would amount to 10 or 12 miles. Por the maintenance of this additional portion the Switzers settlers would of course be liable. If the line were taken by the Pyramids, it would be seven or eight miles longer than one by the route now being surveyed. Personally it was a matter of indifference to him wbicb route the Hue took, but ho hoped it would be taken in the most advantageous direction. Mr McNab said that he was inclined to think that the whole county would become liable for the proposed railway. As regarded the route, if the line were carried on the south side of the river to West Gore ifc would nofc benefit nearly the number of people one would benefit on the opposite sido. For his own part, he wished there had never been a yard of railway in the country. (Laughter.) What he acd the settlers on his side of the river had to consider was whether they should become liable for a railway on the south side of the river that they would get no benefit from, or go in for one on tbeir own side that would be of service to them. He agreed with Mr Bell, as to what he said about taking the line by Otamete. IE ifc were constructed any lower down the river than about four miles from the Pyramids it would certainly be washed away, and some of the settlers who were living lower down than that point would be washed away yet. (Laughter). Mr Powdrell agreed with the last speaker as to which should be the line of route. With reference to the rating, he understood from the Act that those settlers living within a certain distance from a railway wou/d have .to become liable for it. It seemed evident that a company had been formed to carry a line on the south side of the river, and if it were carried there the settlers on the opposite side would be rated to support ifc if necessary. His opinion was that a line on the north side of the river would benefit far more people, and be far more advantageous to the country generally than one on the other side. Mr Bell said that a misconception seemed to exist with reference to his remarks as to rating. The promoters of a railway had to furnish a list ofthe lauds they proposed should be rated. Nothing was said in the Act as to the area of country to be rated. It was not provided, as Mr McNab indicated, that the whole country should be rated for the purpose. After the list of properties had been taken, a poll of the property-holders would be taken to see -whether the line should be made or not. Mr Kurtaia was of opinion that a railway on the south side ot the river would be of no benefit to the residents in the Ohatton and Otama districts, and that before urging the construction of a railway, which might involve them in heavy liabilities, more publicity should be given to the proposition. He did nofc hear of the meeting till going to Gore tbat morning, and he knew of others who knew nothing about ifc till the last moment. Mr O'Hara asked the Chairman whether he could inform tbem as to who would become responsible for any deficiency in the working of the line. 1 The Chairman said he thought it was certainly the intention of the promoters of a railway on the south side to include the settlers oh the north side in the list of persons to be liable for the railway. The residents on that side were not willing to undertake fche responsibility of the railway unless they had the support of those on the other side. The amendment was here put, eleven hands showing in its favor. For thp resolution a much larger number of hands were hpld up, and it was declared carried amid applause, Mr Bell, after expressing the opinion that a railway to connect the trunk lines as proposed would benefit the district greatly if carried in a proper line, but not < in a serpentine manner, proposed a vote of thanks to the Chairman, which brought the meeting to a close.

John O'Brien produced his note boob showing that he worked for Hoffman foi five and a half daya at the Waikaka Vallej contract, and was cross-examined at length by Mr H«uderson thereon. This closed the plaintiff's case, and Mi Henderson read the set-off, and said h< would call evidence in support. John Hoffman could not himself say how long O'Brien worked for him at the Wai. kaka Valley- but a w it* aeBB * n Court could, O'Brien agreed to cart the timber from Glenure to Pukerau for L 3, but did not cart it all, and he had to get another mat to cart the balance at a cost of Ll. It did not and could not take O'Brien three days, who did not have anything like full loads. He agreed with O'Brien to out the crops at 3s an aore, and O'Brien only out 47 aores, He had 70-V acres of crop altogether, and Bucholz cut 23| acres of it. He measured tfae crop with bucholz afterwards and fonnd these to be the measurements. Tben O'Brien had two of his horses for six days cutting his (witness') crop, and his neighbor Gutschlag's, and he charged 6s a day for them. There was also a balance of L 2 14s due. him on work done for O'Brien at Waikaka. He himself was not tbere, but his teams worked ll£ days at 17s 6d, and against thia he got L 5 and Ll in cash, some oats, chaff, and paddocking leaving a balance ■greed npon of L 2 14s. He had an account against O'Brien for lignite for L 4 Bs. This was admitted. O'Brien got six balls of twine from his house when ontting tbe crop and only returned three. To Mr Neave : He could not tell of his own knowledge how long O'Brien's team was working for bim, or his for O'Brien, and did not himself give or see the twine given . Witness underwent a long cross-examina-tion by Mr Neave, but stuck to bis statements about the price of cartage of timber to Pukerau, the acreage cut, the use of his horses, and the balance of L 2 14s due. August Krafning gave evidence of the time O'Brien's team worked for Hoffman, and Hoffman's team for O'Brien. Joseph Bucholz deposed as to cutting part of Hoffman's crop, and as to the acreage cut by him and by O'Brien. He would cut more in a day thau O'Brien, whose reaper was only six feet as against his six feet six, and O'Brien on three days did not start work until about 10 o'clock, while he had been workiDg two or three hours earlier. Wm, O'Brien, recalled, said he web to get the use of a shift of Hoffman's horses free, and he first heard of a oharge when he got the set-off. He did not use them elsewhere, and he only borrowed three balls of twine, and these he returned. As to any work Hoffman did for him, he had paid him in full, and owed nothing. John O'Brien said the price for cutting the orop was to be 3s, and the use ot Hoffman's horses. D. O'Brien returned the three balls of twine, which was all that Mis Hoffman asked for and all that was lent. His Worship, in summing up, allowed L 4 2s 6d on the first item, L 3 on the secoud, and L 8 on the third ; and in the set-off he allowed the coal only, L 4 Bs, and gave judgment for plaintiff for LlO 14s 6d, with oosts of Couit Ll ss, witness 10s and solicitor's foe 21s, including the amount paid into Court. JP, Dttggan v, James TBoehe. — LlO. Mr Neave for plaintiff, and Mr Fletoher for defendant. P. Duggan deposed that he sold a hut to James Boohe for L 4, the same prioe as he paid Buchanan for it, and had not been paid for it. He worked for Boche for about three months at 30s a week, and there was '. yet L 6 owing to him for wages. He was williDg to allow 10s for a contra acconnt, To Mr Fletcher: Got an account from Boche fur 16s, but no other. Got a letter from him, and paid 63 out of the 16s claimed. Had no previous transactions with Boche, but was sued by bim for a blaok horse, and there was yet L 2 to pay on the judgment, An order was made against him for payment to Mr Boobe of L 7 13** 6d by instalment of Ll a month, and witness paid in L 4, and Boohe told him not to mind the otber I>2. Mr Neave said Mr Boche was bankrupt ■ince then, and could not claim that now. Mr Fletcher asked for the Court records, if only to test witness' credibility. The records showed payment of Ll on Slat January, Bth March, aud 30th March, 1887. Witness continuing : The order was made in January, 1887, and he was married on 18th August, 1839. This was the plaintiff's case. Mr Fletcher outlined the defence, and called the defendant. James Borthe could not tell whether it was before or after the marriage he bought the hut, but he got it in part payment of money advance ' to enable plaintiff to get married. They had a settlement ot accounts before he married, and he owed witness money tben and came back to work it out, but he was no good, and witness only kept bim a week. During the last two and a-balf years Duggan had made no demand on him, and he did not owe Duggan anything. To Mr Neave : He lent plaintiff money to get married, in various small sums, To lhe Benoh : Kept no account in his books of the moneys he paid plaintiff. Had paid hundreds of pounds in wages and got no receipts. His Worship : Then you had bettor not go insolvent again or Judge Ward will give you three months. (Laughter) . To Mr Neave: Duggan only worked a week for him after his marriage, Did not recollect if he gave him a week's notioe, and wai not certain if plaintiff worked a week or fortnight. The last settlement was before he married, and he came baok afterwards to olear off what he owed. W. MoNee was manager for Mr Beattie at Mandeville in 1889, and about the time of 'his marriage Duggan told him he had left Boohe, and had squared up with bim and had no money to c*me from Bocbe. Boche at the same time told him that Duggan waß overpaid 30s or L 2; Mrs Boche told him the same. Judgment for plaintiff for L 6 10s, oosts of Court 19s, and solicitors' feo Ll Is. Mr Fletoher aßked for stay of judgment for a fortnight to enable Mrs Boche, assignee ofthe judgment debt due by Duggan, to get the necessary documents to prove her olaim to the balance. Execution stayed accordingly, defendant to pay in t* ne amount of costs L 2, and thf balance by 22nd February. Zmldr and Boult v. George Robson.— Claim L 4 0s lOd on a judgment summons Mr Neave iot plaintiff, and Mr Henderson for defendant. Defendant was examined at length by Mi Neave, and it was shown that he had paic other creditors various amounts exceeding . the amount of the present olaim. An order was made for payment of 10« t month beginning on tha first of April, in default of any payment 14 daya' imprisonment in Invercargill gaol. Mary Ann Thurston v. William Aitken Jj69 6s. Mr Neave for plaintiff and Mr W. Hen derson for defendant. . This case had been partly heard at waiO Bout, Deputy-Offioial Assignee in bankruptcy in the estate of C. G. Thuraton, eai<3 he sold a double-barrelled gun and appurtenances to defendant. Thurston had aeked hiffl for it, but he refused to give it. Plaiu. M assigned everything she claimed tt , i' witness, and wh«t she did not olum belonget W to her husband's estate and was claimed bj W S argument ensued betwesn connse • as to whether this evidence could be allowed but His Worship decided to taw it. In giving judgment, he said the claim wa. for goods sold by the A B .ignee, and plaimif and her husband were present at tbe sah Sd made to objection The gun and^turni, : md were sold by Mr Bou and these ojulc -SStMwbe claimed by plaintiff from de fendwr. The' case was within the 47*1 E^oftheAc-tand under the equity an< Jood consoience^olause he would give judgboard, and 01