VICTORIA HEIGHTS DRAINAGE

Nelson Evening Mail, Volume LXI, 13 April 1928, Page 8

VICTORIA HEIGHTS DRAINAGE

(To the Editor) Sir. —Some three weeks ago I was in Vanguard street and there saw a few school hoys, l'.oys will be boys and evidently part of them had suffered defeat for they stood off at a distance, threw stones and called names.

At the last meeting of the City Council a resolution was moved and seconded that the resolution previously passed by the Council as to Victoria Heights drainage should be rescinded. Councillor Xenle is reported to have said that on legal and technical grounds the Council would have to give way. "He had no doubt, however, that "the people concerned knew perfectly what the Council was doing. They had taken advantage of a pure technicality to escape their moral responsibility." The motion was then put and carried, Councillors flarley and Xeale desiring to have their names recorded against the resolution. Here again we see some who have suffered defeat and stand and throw stones and call names. The logical (or otherwise) position of Councillor Xeale of admitting that "the Council would have to give way" and their voting against the resolution is very funny but still boys in their play sometimes have to have a Jack of both sides. But to return to his speech as reported, "He had no doubt," etc. My letter in your issue of 30th March says: "This sewer was completed about the beginning of December last. No notice whatever of the Council's intention to enter upon the land was given to any person and the residents looked upon,,the work as all part of the general drainage works. About 12th December last permits were applied for to connect up the houses on Lots I and 2. There was some delay and then on 20th December the. Town Clerk wrote (this letter is in the terms of the rescinded motion). This letter is the very first, communication which the owners received as to the Council's sewer or drain." Tn the face of this statement is it really possible; that Councillor Ncale could .say: "I have no doubt that the people concerned knew perfectly well whai the Council was doing!'-' When he says "I have no doubt that" it is tantamount to saying "I am certain that." What proof can he give of such an assertion. Did the Council itself know what it was going to do \vitli_.regard to the drain prior to the date on which the permits were applied for? It not howwas it possible for tin; owners of the houses to have such knowledge as Councillor Neale says they had? I challenge Councillor Neale to produce any Council resolution whatever as to the drain on Section 41 prior to the Council's resolution upon the authority of which the Town Clerk wrote the letter of 20th December. Your readers will notice how he attacks these owners!

Tennyson over 50 years ago wrote in his poem "The Grandmother" —"And the parson made it his text that week and he. said likewise that a lie which is half a lie is ever the blackest -if lies: that a lie which is all a lie may he met and fought, with outright; but a lie which is part a truth is a harder matter to light." Having sown the seed of "doubt" he advances very bravely and states: "They had taken advantage of a pure technicality to escape their moral responsibilities." What grounds can Councillor Neale have for making such an attack upon these owners? I venture to say that if he had been attacked like litis he would quickly have consulted his lawyer. That he himself is not a lawyer is apparent for he shows that he does not understand the meaning of "a pure technicality." The Council's duty is to provide public drains. In my previous letter f pointed out the Council's position as follows: "To use a, legal term the notice is a 'condition precedent' ami the Council being a body depending upon the authority of Statutes must, of itself first obey such Statutes and any course outside that rule is illegal." The fact that the Council had taken the opinion of Mr Martin and that Councillor Neale himself says that on legal grounds the Council would have to give way, endorses the above quotation from mv letter.

I submit that the only honourable course for Councillor Neale to take is to at once withdraw the statement made by him. This letter is a personal one from myself and it is for the owners themselves to fake whatever course they please. I am. etc.-,

WM. EATON BURT Victoria Heights, 11th April.