HARBOUR BOARD.

New Zealand Herald, Volume XVIII, Issue 6062, 22 April 1881, Page 3

HARBOUR BOARD.

The adjourned meeting of the Auckland Harbour Board was held yesterday. Present: —Mr. Compton (Chairman), Messrs. Aickin, Waddel, Isaacs, Thompson, Boylan, McKenzie, Stone, Morrin, Captaiu Daldy, and Mr. J. M. Clark (Mayor of Auckland). The minutes of last meeting were read and confirmed, and minutes of outgoing correspondence were also read. Stakdpipe at Dock. —The Chief Harbourmaster forwarded a memo, asking that the city authorities be requested to erect a standpipe at the dock for the use of the workmen and others employed at the dock.—lt was agreed to make the request as indicated. Notice to Mariners.—The Minister of the Marine Department forwarded a notice of the discontinuance of the pilot service at Rangitikei, and the exhibition of a light at Cape Egmont.—Letters received, and ordered that the ordinary publicity be given. Marine Report.—Mr. Stephens, Secretary of the Marine Department, forwarded a copy of tho report of the President of the Marine Board for the year ISSO. Ordered to be acknowledged with thanks. Timber-landing Stage.—Mr. Hales, District Engineer, wrote to say that when the railway was opened through to Helensville it was probable that junk timber would be brought along the line. It would be desirable to have a means of delivering tho logs off the trucks into the Auckland harbour, and a favourable place of accomplishing this appeared to be at the north-eastern end of the stone breakwater, where astrong landingstage and skids could be erected. He asked to be informed whether the Board would object to those skids being erected.—Referred to the Works and Endowment Committee to report. Brush Electric Light.—Messrs. Oppenheimer and Co., agents for the Brush electric light, forwarded catalogues, and informed the Board that these lights had been adopted by the British Government for lighting dockyards, &c. They also forwarded catalogues, &c, of the Gower Bell loud-speaking telephones, for .which they were the New Zealand agents.—Referred to the Works Committee. Arbitration.—Reclamation Streets.— The Town Clerk forwarded a copy of a letter forwarded to the Colonial Secretary, containing a resolution of the City Council re Eettlement of the' matter as to maintenance, &c, of main streets on the reclamation.—Letter received, and consideration deferred, as a: notice of motion on the question stood on the notice paper. Works and Endowments Committee.— This committee reported that letters from Messrs. Aicken and Tizard, re site for graving dock, had been forwarded to Mr. Blackett. — Re damage to buoy by s.s. Rotorua. The committee recommended that a claim be made against the Union Company for £s.— He Mr. Green's letter, applying for a lease of portion of foreshore at Takapuna. They recommended that if Mr. .Green could arrange to obtain the consent of the surrounding landowners to relinquish all claims for riparian rights, the Board would be prepared to offer the lease of the land by public auction.— Jße letter, from Town Clerk, Parnell, applying for permission to continue the drain from Selwyn Terrace into Mechanics' Bay, they recommended that the application be agreed to. — He salt water' baths lease : They recommended that Mr. Hilditch be allowed' to occupj the bath site at a rental of 4s per week. The clauses were dealt with seriatim. —i?e clause 4, Parnell drainage; Mr. Aickin opposed it, on the ground that it would be only perpetuating a nuisance.—Mr. Thompson seconded the amendment. It was only a matter of £ s. d. From £30 to £50 would carry the drain to the sea.—Mr. McKenzie made an explanation of the position, &c., of the drain, and spoke in support of the clause as it stood. It could not be denied that the removal as indicated was an improvement. Because it was said to be a nuisance, -the Parnell Council proposed to remove it.—-Mr. Waddel would be in favour of granting permission if the drainage was taken outside the sea wall.— Mr. Aickin said that the expenditure of the sum named should not stand in the way when it was a question of the health of the district, and he protested against perpetuating a nuisance.—Mr. Isaacs spoke in support of the amendment. The alteration would only form a receptacle for. filth, and a hot-bed for disease.—Mr; Morrin also supported the amendment.—Mr. Clark thought the Board should set its face against allowing drainage to these intakes for when the tide : Was out the filth lay festering in the sun.—Mr. McKenzie replied : This was not a new drain, it was only an improvement, and it was a question whether the Board had- power to prevent the Parnell Council from making the drain.—Seven voted for the amendment, and it was carried.—Mr. Waddel then moved that permission be granted to carry the drain through the sea wall under the supervision of the Board's Engineer.—Mr. McKenzie said the Council would no doubt object to this. They had an Engineer of their own.—Mr. Waddel's motion was carried. The report as amended was then adopted.— lie the portion of the Engineer's report as to the position of the 15-ton crane deferred from the last meeting, Mr. McKenzie said that the crane be erected as suggested by the Engineer.—Captain Daldy said he was informed that the crane would not reach the hatchway of a ship, and it was therefore not what was inquired, and he thought they should have a report from the Engineer on the subject before they went to the expense of erecting it. —Mr. McDonald said the jib would extend 17 feet, and would plum the hatchway of ordinary vessels. The crane >vas in accordance with specifications, and with a slight alteration, at a cost of £20, it could be lengthened two feet by altering the elevation. It would lift twenty tons, and the chain was tested to thirty seven tons. —Finally Captain Daldy moved, "That the crane be erected on the south side of the eastern tee, if the Engineer reports that it is in accordance with specifications, and suits the purpose for which it was intended." —Mr. McKenzie did not object to the amendment, and it was adopted. Finance Committee. —The report of the Finance Committee was read. It recommended payment of accounts to tho amount of £490 2s. The statement of funds was as follows:—Balance, £5344 15s lid; accounts ordered for payment, £490 2s; balance, £4854 13s lid. —The report was adopted. Landing Places.—The Engineer reported that the cost of repairing the landing places was £45.—1t was agreed to call for tenders for the work. Well at Pilot Station. —Mr. May, whose tender for sinking a well at the Pilot Station had been accepted, intimated that he would not carry on the contract.—lt was agreed to forfeit the deposit (£5) and call for fresh tenders. Tenders.—The tender of McCroskie and Son for repairs to dredge, £85, was accepted. It was the only tender. Tenders for repairs to punts were also received, as follow : — David Gouk, £146 10s 6d ; A. Duthie, £149 10s; Young and Thwaites, £130. The latter was accepted. Dock Site.—The Chairman, in reply to Mr. Aickin, said no reply had been.received from the Eugineer-in-Chief re site for a dock. Engineer's Salary.—Captain McKenzie, in the absence of Mr. O. Mays, moved, "That, in terms of by-law No. 31, the by-laws be now suspended to enable the following motion to be made :—'That the salary of the Engineer to the Board be increased to £450, on condition that he devotes his whole time to the work of the Board, the increase to

date from the Ist January last.'" He thought this only an act of justice. When Mr. .McDonald's salary was reduced they did not intend to go in for other heavy works, and they thought his private practice would compensate him; but now his whole time was occupied, and it was an act of justice that he should be paid. His present salary wa3 not sufficient compensation for his services. —Mr. C. B. Stone seconded the motion. He never believed in having half a man for half-pay.—Captain Daldy, while concurring in the desirability of the services of the Engineer being suitably compensated, thought that it should not have been brought in this form. Mr. McDonald should have written to the Board through the Chairman instead of going to private members.—The Chairman said it could not have been done in any other way.—Mr. Thompson agreed with Captain Daldy. That was the proper way to bi'ing it before the Board. —Mr. Waddel and Mr. Clark, while coinciding with Captain Daldy, now that the motion had been brought, thought it should be put. The object had been served by the attention which had been taken of it. — The motion for the suspension of the by-law was carried, and Mr. McKeuzie then moved the second portion o£ the resolution for the increase of salary.—Mr. Thompson said he would insist on Mr. McDonald doing no other work than, the Board's work, and not engage in any private, practice.—Mr. McKenzie agreed to adopt the suggestion, and in this form the motion was cairied. Committees' Duties.—Mr. Aickin moved, "That it shall not be competent for any committee to lake up questions that have not been relegated to it by the Board unless such niay have been declared urgent, the urgency of the question to be decided by the Chairman and two members of the Board." He briefly introduced the motion. llt had no reference to the past; merely as a guidance for the future.—Mr. Waddel seconded the motion.—Mr. Daldy considered the motion an absurd one. They had been acting in the manner indicated for the last nine years. Suppose a vessel broke from her moorings and carried away a portion of the wharf, requiring immediate attention, what v/as to be done ?—The Chairman ruled that the motion was a new by-law, and must be introduced in a proper manner. He ruled it out of order. ' THE RECLAMATION ROADS. - Mr. J. M. Clark, in accordance with ! notice previously given, moved the resolution standing in his name, as follows :— "That the Board concurs in the appointment by the Government of an arbitrator, under clause 230 of the Municipal Corporations Act, 1876, to settle the matter referred to in the resolution by the Council of the Borough of Auckland, dated 10th March, 1881, re streets on certain lands reclaimed by the Harbour Board." He said he thought the motion almost unnecessary, as the Government had the. power to appoint the arbitrator; but he thought this resolution might have the effect of hastening matters. The position was this : A majority of the Board Believed that it should pay nothing towards these roads, and the City Council believed that the roads should not be taken over till they were formed, kbrbed, and channelled. Unless something were done, the consequences would be very serious. The Board might say they would not take any action, and the Council might say the same, but it was not only the ratepayers of the city, but the constituents of the Board, who suffered, and by taking this step they did' not in any way alter the position from what it would be if i the Government appointed the arbiter. I He moved the resolution.

Mr. Waddel seconded the resolution. Many attempts had been made to settle this question, but they had not been successful. He would not go into details, but looking at this as the only course left, and an honest course, he seconded the resolution. Captain Daldy suggested to the mover to omit all the words after "to settle the matter," and add, "in which the powers and duties of. the Harbour Board and City Council conflict." Mr. Clark said that if the Secretary read the resolution of the Council it would clear matters. ; The Secretary read the copy of the letter forwarded to the Colonial Secretary enclosing the resolution of the Council. The Chairman said he had interviewed the Attorney-General at the request of the committee, and he had also been authorised to employ counsel, but when he came back for further powers they were not granted. He could not concur in the motion, but would concur with Captain Daldy's amendment. : Captain McKexzie said he had always supported the making : of these roads, but the Board held that they were not legally liable, and the question was, were they morally liable? They should concur in nothing that would admit legal liability, but for expediency's sake money had been spent on these roads, and he would say well spent. The streets were the most important in t'.ie city outside Queen-street, and it was important that they should be maintained. Captain Daldy raised the question, whether the arbiter was to be an arbiter in conscience or in law. The Chairman : Undoubtedly in law. Mr. Boylan thought the Board would act wisely if it took the Chairman's advice and obtained legal opinion. Without that they might be going into something they knew nothing about. Like Mr. McKenzie he thought the roads should be made, and that a wrong was done to the City Council in not making them, but his objection was that there was no finality in the motion. It only opened the way for arbitration. The Harbour Board claimed no authority over the streets, so there could be no conflict of authority, and the clause tlid not therefore apply. As the clause was under the head of drainage, he thought "other matters" referred to matters of drainage, and had nothing to do with the present question. He pointed out that clause 230 was totally inapplicable. He would vote again as he had before, to give money towards making the roads, but he would also vote that they should have legal opinion before adopting this resolution. Mr. Isaacs thought the City Council having taken over the streets, the Board would only stultify itself if they accepted the motion. The Clerk read the legal opinion given by the Attorney-General, that the City Council having included the reclaimed land in the city, subjected it to the provisions of the Municipal Corporations' Act, and it was therefore their duty to make and maintain the roada. Mr. Aickik said that with that opinion the Board should not shirk arbitration. They had nothing to fear, and if they did not settle the dispute in this way, how were they to do it? It was for an arbitrator to state who was liable and to what extent. Captain Daldy moved his suggestion for the alteration of the motion in the form of an amendment, and it was seconded by Mr. Morris , . Mr. Clark said he could not accept the amendment. It opened the door too wide. Here was a simple question as to the facts of which they were all aereed, and let the arbiter rule on the facts and acts. The Board ought to be more willing after the opinion they got from Mr. Whitaker to go to arbitration. What was wanted, as already stated, was finality. Here was the fix, The constituents of both bodies Buffered. For

J his part he diil not care much which side of } the bar it went, but he wanted it settled I some way. Mr. TiiOJiPoOX said that while they were haggling, the public was suffering, and the winter was approaching. They wanted the question settled one way or the other. This was a simple way out of the difficulty. He believed some member of the Board was actuated by a feeling of pique, at what had been done before he was a member of the Council, and that was the secret of this opposition. Mr. Botlax moved, "Thatthe motion be postponed until the Chairman obtained legal opinion." Mr. Clark said the resolution only stated the fact. If an arbiter were appointed, then the Council would be asked to state a case, and so would the Board. The resolution did not ask the arbiter to settle the matter stated, but the matter in dispute about these streets. Mr. McKeszie said if they agreed to the resolution, the Board admitted liability, and they were of opinion that there was legally no liability. After some further discussion, Captain Daldy's amendment was put and carried by 6 to 5. Mr. Boylan's amendment was lost on the voices. Mr. Mokbin then moved, as a further amendment, " That after the word 'matter' in the resolution the following words be added:— 'Jße streets in dispute on the reclaimed land between the City Council and the Harbour Board.' " He merely wished to have the matter settled. Mr. Thompson seconded this amendment, and it was supported by Mr. Clark. It was carried on the voices, Messrs. Boylan and McKenzie dissenting. When it was being put as a substantive motion, Mr. Soylax again moved, as an amendment, "That the motion be postponed till the Chairman take legal opinion. It was secouded by Captain McKenzie, and lost, and Mr. Morrin's amendment as a substantive motion was carried.