CITY COUNCIL.

Nelson Evening Mail, Volume XX, Issue 55, 6 March 1886, Page 2

CITY COUNCIL.

The Council mpfc at 730 last evening. Present — The Mayor, Crs Robertson, Cooke, Rowell, J. Harley, Stringer, Bolton, Everett, Crewdsou, Levien, Moorhouse, and T. Harley. The following accounts were passed : — General, £355 10a lid; Gas, £190 63 83; Water, £20 18s; Special, £154 10s. Total, £631 Oa 7d. I» reply to a question from Cr Stringer, the Mayor stated that the payment of £60 to Mr Roub as valuer was m the nature of a yearly salary. In reply to Cr Stringer, the City Surveyor said tha 1 ; a number of the backs delivered for the Waimea-street culvers hnii been condemned. A letter from. Me W. Hale called attention to the state of the waier table m front of his shop m Hardy-street.— Referred to the City Surveyor. Mr J. Ilarle wrofco asking- the Council to insist; upon Mr Gay's 'bus keeping to it-3 time table and stands. — Cr Crewdson thought that the complaint was justified, aud moved that the City Surveyor be instructed to kef-p Mr Gay to his time.— The Town Clerk said there was no time table provided by the Council, and he was not awaiv of anything m his license to piwont him mnniug at any time he pleased. — No one seconding Cr Crewdson's motion, m was resolved on the motiou of Cr Rouertson, that the letter lie on the table.' Mr P. Leech called attention to the mimosa blight m the old Cemetery m Traf'algar-sireer, and offered to cub tbe trees down aud burn them. — Referred to the Cemetery Committee. A letter was read from the Under Seci"etary, m reply 10 a Utter from the City Surveyor complaining of the unsafefcy of the Provincial Hull as a place for pubiic entertainment, nnd enclosing a letter from Mr Greenfield stating that there were five doors, and that he would see that that communicating with tho gallery Bhould open outwards. — Consideration deferred until it; is seen what has been done. A letter from Messrs Pitt and Moore on behalf of Mr H. Warren complained of the removal of soil from Trafalgar-street; adjoining his property. — Referred to the Works Committee, aud ie was further resolved that the Surveyor visit the spot, and if it be found that the street is being interfered with m connection with the Trafalgar Park reclamation the contractor be siopred. A letter was received from the Police Doparttnent stating that they had r< ceived information that i wo boys, nauieii K. Donaldson and C. Patterson, had broken a street lamp. — Cr Row oil moved, and Cr Crewdson seconded, that proceedings be commenced against the boys. — Agreed to. A hackney carriage driver's license was granted to L. Akersteu. Mr B. Franzen asked permission to store 2000 cases of kerosene. — Cr J. Harley opposed, on tho ground that it should be stored m the Corporation store. — Permission granted on a division, Cra J. Hurley, Bolton, and Stringer voting against it. A retail kerosene license was granted to T. Bowden. Muss. Hollyman's Claim. Tho following letter from Mr Kingdon was read:— " To the Mayor and Councillors, Nelson. " Gentlemen, — I am instructed by Mrs Martha Hollyman, of this City, widow, to apply to you for compensation by reason of her son, William James Hollyman, of Nile street East, m the City of Nelson, laborer, having on the 6th day of February last, while m the employ of the City Council, sustained injuries by the fall of the Nile street bridge, which caused his death. " I beg to point out that the circumstances connected with the death of the deceased are most painful, by reason of his mother and a crippled brother having been absolutely dependent on him for a livelihood. " Kindly let me know at your earliest convenience what you intend doing m the matter. — Yours, faithfully, " Roger W. W. Kingdon. " Nelson, Ist March, 1886." The Mayor said the letter had been received just before the lasb meeting of the Works Committee, and he suggested that Messrs Pitt and Moore be asked to give an ' opinion as to the liability of the Council. If there was a legal claim the Council would know how to deal with it, and if on the other bund it was an appeal ad misericordiam they would also know what to do. He then read Messrs Pitt and Moore's letter, which was as follows: — " To the Town Clerk, Nelson. " Dear Sir, — We are m receipt of your letter of the 4th instant, forwarding a copy of a letter from Mrs Hollymau's solicitor, claiming compensation on account of the death of her late son, m consequence of the accident at the Nile street Bridge on tbe 6th ultimo, and asking us to advise whether, m our opinion upon the evidence adduced at the Coroner's Inquest, the Corporation is legally liable to answer m damages to Mrs Hollyman, or any of the injured workmen. " Our opinion is that Mrs Hollyman has no legal claim against the Corporation m t<>e matter. Her legal claim, if any, must be made against the person .who employed her deceased son, and m this respect her solicitor's letter is inaccurate m stating that her son sustained the injuries ' while m the employ of the City Council.' 44 Mr Kingdon's letter does not appear to us to put forward any legal claim, but rather to appeal on the part of Mrs Hollyman to the Bympathy and generosity of the Council. " We are also of opinion that the other injured workmen have no legal claim against the City Council. " Yours, &0., " Pitt & Moork. " Nelson, Maroh 5, 1886." The Mayor said that under the present circumstances tho Council must aesumo that Mrs Hollymaa had no claim upon them. They bad at their last meeting passed a resolution expressive of their sympathy with her, and for bis part he could say that it was no meaningless expression. Personally tie felt very sorry and full of pity for her, and j he should be very glad indeed to join m any effort that might be made by tbe public,

who were ever ready to help on snch occ sions, to provide her with the means of subsistence. At the s .me time it was impossible for the Council to grant her anything. They had to spet.d the funds at their disposal m certain well defined directions, and beyond that they could not go. At present be would deprecate any discussion, a? the matter would come on again later m She evening. Cr Bolton thought the most practical way of expressing sympathy would be to start a public subscription, the Councillors to canvass the town. The Mayor said the only difficulty he felt m giving it a Corporation i primatur, would be that it might be interpreted an an endeavor to buy off certain claims. Personally he was willing to give, but he thought it should come from individuals and not from Councillors. As a Council they could not afford to be compassionate, but must act strictly within legal limits. Cr Bolton moved that a subscription list fee started with the Mayor as Treasurer,

; ■>' The Mayor said be could scarcely put such a motion for reasons be bad stated before. Cr Eowell moved that the Town Clerk be .Instructed to reply that the Council did not recognise that Mrs Hollyman had any legal claim. Qc Levien said he would prefer to see what Sirs Hollyman was going to do before starting a public subscription, aa he waa not disposed to find her with funds to institute an action agrainet the Council. Cr Bolton said that bis sole object m moviDg with regard to a public subscription -was that he thought it would be more sue/ ceesful if started by the Council. ? - Cr Rowell's motion was then put and carried. General. The report of the Public Works Committee was read as follows: — 1 On tenders for Gloucester street. — That Mr J. Malone's tender has been accepted. 2. As to footway m Hardy and Collingwood streets. — That they reccomrnend that the footway be kerbed and asphalted on both sides of Hardy street, and- the footway on the east side of Collingwood street, from Hardy street to Nile street, kerbed and gravelled. 3. That the letter received from Mrs Hollyman's solicitor be referred to Mr Pitt, and that he.be requested to advise whether the Council has incurred any legal liability. — The report waa adopted. ' The Mayor said that the special rate levied was really more than was required, being l£d, whereas something less than a penny was all that was needful, as the whole amount authorised had not been raised. - Besolved that it be reduced to a penny, pending the balance of the loan being raised. The Mayor said that the Works Committee had considered what would be the best form for tenders, to be adopted m future, and the Committee had decided that the Surveyor should draw up a form for submission to the Committee, and they would briDg it before the Council at its next meeting. — Cr Levien suggested that the form should be submitted to the Council's solicitors before being adopted. — Agreed to. > In reply to Cr Bolton, the Surveyor said that " Wilkes' contract for supplying horses and carts' had expired. — Eesolved that fret,h tenders be invited. Cr j. Harley said that he noticed a fence had been put up near Campbell's Mill, and asked why it was done. — The Surveyor said that the Inspector of Police hart repored it as dangerous, and he had fenced it accordingly. The building was decidedly unsafe.— Cr J. Harley asked why, if that was fenced, pome- j thing was not done with re?ar<l to Messrs Curtis Brothers' building m H?rdy street which was a disgrnce to the town — Cr Everett said a -eoniplbinfc having been made by the Inspector of Police he and two rr three other Councillors bad authorised the Surveyor to put up the fence On the motion of Cr J. Harley it was resolved that the attention of the police bo called to Messrs Curtis Brothers' building. Cr I>vien moved that the footpath on the north Bide of Hardy street between Waimea and Trafalgar Btrcrs be graded kerbed and asphalted,— Cr Coole peconded,— Cr Crewdson thought it would be better to.gravei and tar the path.— Postponed until next meeting, fehe. Works Committee mean'ims to reporb. The Nile Stbeet Bridge. Cr Stringer moved, " That the motion of the Council requesting the City Surveyor to proceed with the construction of the Nile street bridge, m the event of the contractor declining to proceed with the work, dated 10th February, 1886, he rescinded, and that the question of rebuilding or altering the bridge be gone into." The Mayor said he did not see what use it would be to rescind - the resolution as the notice had already been given. The latter part of the motion he though was snfficient to give rise to discussion on the whole matter. Cr Stringer said he moved m the interest of the ratepayers. His own opinion was that the: plans for the bridge were faulty and he thought that the opinion of an expert should be obtained. It would be folly to proceed with it on the present design. He would also like to get advice as to the size of the water way. He believed girders would be better. The Mayor said he presumed that what Cr Stringer really meant was to move that the opinion of an expert be taken before proceeding with the bridge. Cr Everett quite agreed with this, m fact he bad prepared a resolution to the same effect, and suggesting that the plans be submitted* to Mr Blackett. He suege-ted his name as he held, a high position, and his opinion wou!d be eatisfaetory to all. He bad juat thought of Mr Bell of Weßtport. but it might be very expensive to refer to him, and they ought to get it from Mr Blackett at a lees cost^ He hoped the Council would ndoob his resolution (which was accepted by Cr Stringer m lieu of his own.) Cr Levien said those were exactly his views, though he thought of suggesting Mr Bees who wo 8 now here, and as he was an undoubted authority it would be more convenient to employ some one on the spot. Crßowell said that he should like to here from the Surveyor whether he was prepared to build the bridge on the Bame plans and specification?. Tha-City Surveyor said he was prepared to commence it to-morrow, and he had the asBnrauce that.be could have the assistance of every tradesman m town. Ho would not restrict the contract to 12 feet sections, but be could have ai much centreing as he ■wished. Sufficient centres to do the whole lob would only cost. £ls. Ho had never been applied to for additional centreing. Cr Rowell after hearing the Surveyor's reply would oppose Cr Everett's motion He bad aa much coDfidence m Mr Lighfcfoob as m. any superannuated engineer who was knocking about. There was another man m whom he had much confidence m ns Mr Climie and that was old Bleecher. Old John their,, foreman did not know enough of brickworkand the Surveyor could not possibly be always there overlooking. The Council waa partly to blame for this accident because it Went m for cheese-paring, and insisted on cutting down the amount. The fact was that- they expected too much of the Surveyor, from preparing plans for a horse trough f o a de&ign for a tnnnel un'ler Cook's S 1 raits; Some of- the Councillors especially Cr Stringer, were too fond of casing n surer ab the .Surveyor, m whom he himself bad thorough confidence. . He bad made mistak/s m the past but he was as good a man as they would get any where. The Mayor said he thought that Cr Eowell was going a little' beyond what was absolutely necessary. He would like to say he had been m communication with Mr Blackett before there was' any idea of poor Hollyman dying. Mr Blackett then did not like to go into the matter. After the death it was thought that Mr Blackett might be called on the inquest, and he thought it would be wrong to say any more to him on the subject. ' He understood, however, from Mr Blackett that he would be prepared to consider the question. Cr.Moorhouee said there were differences of opinion among doctors, parsone, and architects. For himself he had confidence m the Surveyor because hitherto he had done right, and there had been no accident before. The plan had been approved by the Council, but there had been an unfortunate redult which was attributed to various causes. There were practical workmen who said the bridge could l>e built on the plans and specifications. The culvert built by Mr Lightfoot at the Saltwater Bridge had fallen m, but it was no fault of Mr Lightfoot's and they had insisted on the contractor going on with the work, which had been Carried out and stood the weight of the train passing over it. Workmen had complained to him while the Nile street bridge was being built, but he had told them that it was no business of his (Cr M's) and referred them to the Surveyor. As a member of the Council he objected to throwing away money m obtaining the opinion of expert 3 who differed so widely. Cr Crewdson would support Cr Everett's motion as he thought it would be more satisfactory to the ratepayers and to the Surveyor. CrT.Herley would oppose the resolution. He had understood that; Mr Blackett's opinion was to be obtained, and he thought

It very lax on the part of the Mayor not to obtain thab opinion before the death occurred. He was not here when the contract was let or when the accident happened, but he took a deep interest m the matter. The Mayor said that at the meeting after the accident occurred ifc was suggested that Mr-Blackect's opinion should be obtained, but it waa decided by the Works Committee nob to get it. Cr T. Harley said he bad asked Mr Climie to go to the bridge and furnißh him with a written reporf, and he would pay his expenses. Mr Climie said he had been summoned at the jury and therefore would not do so. Ot Moorhouse was perfectly well aware that the accident was entirely owing to him and. no one else, as he had insisted on thia brick bridge against his (Cr H.s) wish, which was that it should ba a wooden one. IE the Surveyor had certain works thrust upon him that he did nob consider himeelf competent to do be shouli ask for assistance, bub he asserted thab he could build this bridge, and he, for one, waa quie prepared to believe him. He did not want to condemn Mr Lightfoot, bub he should hold his position on the understanding that he should only carry out such works as he was able to do, and should ask for assistance when he required it. He was going to suppofb Mr Lighbfoot, as he did not think he was to be replaced iv Nelson or m New Zealand. He would say this of him, that whatever he was asked to do by the Councillors he did to the best o£ his ability. If anyone was responsible for the accident it was Mr Lyon, who waß an experienced contractor and must have been perfectly well acquainted with all the merits and demerite of the plans. They might jasb as well say that if he (Cr H.) were to employ a man to grub gorse and he cut bis leg with an adze he (Cr H.) would be responsible. Cr Bolton would support the resolution, as it v ould be far more satisfactory both to the public and the Surveyor to have the plans submitted bo an expert. If he approved,, let | them go on with the work. Cr J. Harley asked why they should go to Wellington when they had a Government Engineer here m the person of Mr Dartnall. He did not think outside advice waa required, but if so he thought Mr Dartnall would answer the purpose. The Council had approved the plans, and he saw no reason for withdrawing their approval. The Council had been a bit niggardly, and therefore perhaps insufficient centreing had not been supplied. They were m a very difficult position, and should -not give way a bit, but should insist upon the contractor carrying out his work. If they had not confidence m their Surveyor, get rid of him, if they had they .should support him. Cr Robertson opposed the resolution, because the Surveyor had staked his reputation that he could do the work. He deprecated altogether calling m experts. They had a Surveyor who said he wag capable of preparing plans and specifications, and they ought to believe him. Cr Eowell moved as an amendment that the Surveyor bo instructed to go on with the work on the same designs and with the same materials. He said he could do so, and the Council must have confidence m him. Besides, if he did this successfully, it would break the neck of all the lawsuits with which they were threatened. There had. been a good deal said of the biggest brick arch m Nelson, and he had been told by the men" who had built it that he could build this bridge. He put this accident due to sub-contracting and downright bad workmanship. Cr l Mo6rhouse seconded the amendment. The Mayor said he had been asKed by Mr Lightfoot to say that he was prepared to offer good security for the completion of the work. Cr J, Harley hoped Cr Rowell would withdraw his amendment, as he felt sure there would be much greater public satisfaction if Mr Blackett adopted"ythe "plans. But he would not give way an inch. Cr Cooke said this was a little bridge that any bricklayer m the old country could build. If an expert were- called m it would not be any more satisfactory to the Council or the public. Cr Everett said that as long as he had bean, m the Council he had legally supported their servants (Cr Harley : Too much so) therefore it could not be said of him that he was against Mr Lightfoot. If he was confident that, his plans and specifications were right he could have no objection to submitting them to an engineer. It was due to the Council and to Mr Lightfoot before the bridge was gone on with that some such opinion should be obtained. Applause by the public, which was stopped by the Mayor, who said that this waa not a public meeting and he must put a stop to any such demonstration. Cr Moorhouse said if the Committees had been governed by experts m the time of George Stepherison they never would have had any railways at ! all. Every practical man he had spoken to had told him he could build this bridge. Build the bridge, he said, and test it, and if it would not stand the test condemn it. The Mayor said that whatever was the outcome of th.l 3 discussion, it mnsb be very : ing whom many harsh things had been satisfactory indeed to Mr Ligbtfoot, concernBaid which be had f elb very keenly indeed, to ■ te assured, as he had been, that he possessed the confidence of the Council. In was poseible., however, thab they might err m the direction of being over zealous m their support; of their officers, and they must not allow their loyalty to them to override the duty they owed to the ratepayers. As a private individual he would be perfectly satisfied to allow Mr Lightfoot to complete, the bridge on the plans and specifications prepared, for he was convinced that it could be safely carried out, bub it was nob his own individual feelings that he had to consult, but he was bound to consider what was befct for the ratepayera and what they would wish to be done, and he felt thab it would be more satiffac.tory to them if the plans were submitted to one who had no eye to a biller, and m whom., from the position he held, the fullest confidence could be reposed, and therefore he would support the motion to obtoin Mr Blackett'e opinion. If he con-demned,-the. design there was nothing for them toNloj bub to pat their tails between their legs and' beat a retreat, but he had no euch apprehension, and considered it better for all parties, Mr Lightfoot included, that 3VIr Blackett should examine and report upoa the Resign': They could then crry out the work and make the contractor pay. Although, as he had said, it was againsb his own personal feeling to call m advico from outside, he" should for these reasons support the motion. Cr T. Harley asked whether it would nob be prejudicial to the Council's case if they submitted the plans to an engineer. There was no doubt that the bridge could be built if the work was not confined to 12-feet centres. Even Harris said he would be prepared to build it if he had the centres. Cr Bowell's amendment was then put and lost. Ayes, 0 : Crs T. Harley, Robertson, Cooke, ' Rowell, Moorhouse. Noes, 7 : The Mayor, Crs J. Harley, Stringer, Bolton, Crewdson, Everett, anl Levien. The resolution was then put and carried, another division being taken wiih the opposite result, seven voting for and five against. Cr Stringer moved " That the building of the culverts m Waimea street. Waimea road, and N/gatiawa street be delayed uutil the opinion of a, thoroughly competent engineer has'been obtained on the whole question, and complete plans of a perfect system of drainage for the City obtained, and that steps m that direction be taken by this Council forthwith. He found fault with theconetruction of the Waimea street fiewer. The Ngatiawa street would empty on to -private land and would do no one any g00d... In fact there was no kind «f scheme m their drainage works. Nearly every sewer was faulty and why should they go on on th^t. system. He moved the resolution on publio;grounds as they should not fritter awny the public money. No^ one seconding 1 the motion it fell through. Cr Bolton .asked if the Surveyor would at at once proceed to remove the bricks from the Brook-street stream / — lt was decided that this should be done. Gr Cooke moved that Mr Lighlfoot proceed at once to Wellington with the plans of the bridge to submit to and cenfer with Mr Blackett. — Seconded by Cr Bolton and agreed to. ■ The Mayor Baid he could telegraph to Mr Bjackett, and if he wbb ready to receive Mr. iiightf oot he could go o-vex " by to-morrow evening's steamer. Resolved on the motion of. Cr Stringer theb the Brook street bridge be sufficiently Stayed to make it safe for traffic. The Council then adjourned.