The- Gorse Nuisance.

Mataura Ensign, Issue 284, 18 May 1897, Page 3

The- Gorse Nuisance.

LAW, BUT NOT EQUITY. I Mr Geo. Crosbie, Edendale, wrote to the meeting of the Southland County Council on Friday staliug that as for the past seven years he had repeatedly called the attention of Councillor McCallum to tbe necessity of keeping the gorse on the road line opposite a portion of the writer's farm down without avail, he was now compelled to apply to the ' Council to take immediate steps to have the same removed, as the road was in a most disgraceful state, almost impassable for stock. It was doing him a great amount of damage, ! as gorse had been allowed during the past four years to seed on his property. j 1 Councillor McCallum moved that Mr ! Crosbie receive notice to clear the gorse on the roads opposite his property. He had no ; wish to force this matter, but Mr Crosbie had j pressed it on their attention. The Act was I very clear on the question, showing that Mr. Crosbie was liable for the removal of the gorse. Councillor Raymond said that if this were the law, then it was a most unjust law that would make a person responsible for the removal of gorse that had been allowed by the Council to grow and which he had been po a erless to prevent. He did not think, however, that this was the law, for when the Minister for Lands was in Invercargill, together with other Councillors, the speaker had asked him about this clause, and the Minister had distinctly stated that in such cases the liability undoubtedly rested with the Council. He moved as an amendment that this Council clear the gorse to the middle of the road beside that part of Mr Crosbie's property where he has not sown gorse on the fence line. Councillor McQueen considered the Act was a most unjust one, but stated that as the Council was not compelled to make Mr. Crosbie remove the gorse they might refrain from doing so as it would be a gross piece of injustice to compel a man to clear gorse when he might have done all he could to prevent its being sown. In this case the fault certainly rested with the local body. He did not think there was anything in the Act to prevent the Council paying for clearing the gorse. Councillors Fraser, Hamilton, Green, and Robertson spoke in favor of the motion, which was eventually carried. While admittiogthehardship in th« case of Mr Crosbie, they contended that the Act left them no alternative. They stated that there were numbers of oases all over the county where owners were compelled to clear gorse for the growth of which they hid been in no way responsible, and the difficulty was only met by the present system. If Mr Crosbie's application were granted they would be flooded with similar requests, and with equally just grounds for consideration.