STEALING A STREET.

NZ Truth, Issue 245, 5 March 1910, Page 4

STEALING A STREET.

IS IT AMERICAN GRAFT? Auckland Council and a Grab. A Lease That Seems Illegal. Will a Pnblic-spirited Citizen Move? "An impudent steal" is the only way that "Truth" can. characterise certain: proceedings m Auckland, where, ' quite recently and accidentally, Lawyer Pullen discovered that an Auckland land-grabber had jumped a street, and had actually audaciously erected a brick wall across it, and converted the King a iiighway into a public auction mariiet, which, for the purpose of identification, is called Cochrane's auction mart, though it must be clearly understood that Uoebrane is only the tenant, and not the grabber. Something of a stir was created when, this . steal -was publicly exposed by '/Truth," and Auckland's town clerk, Wilson, informed an anxious public that the jumper had besn given 28 days' notice to remove the building. , The 28 . days duly expired ; the building had not been, demolished, and threats were made of a public meeting to protest against civic dilatoriness, which, m America, is signified by a more harsh term. For a long time nothing has been done. Auckland was informed that the -whole matter had been referred to the Finance Committee of the City Council, but that committee did not make any move, and attempts were made to keep the matter quiet. Such a thing as the jumping of a public road was, however, too serious a matter to be taken lying down, and the Mayor of Auckland, when interviewed by. "Truth," quietly suggested that the property be leased to fOocbrane's landlord at a low rental ; this, too, m face of the fact that he had had the use of it for twenty years or more, arad had drawn considerable profits from it during that period. "Truth," at the time, made an indignant protest against such municipal muddling, and has not loat sight of the matter. The steal has been consummated, and the Auckland Council tnsmade itself a party to a most .impudent infringement of the ratepayers' -rights; It | is i lite resting to know that Uochrane s landlord is no less a person than opulent ; lawyer Russell, and what his profits from ! rent nnd other sources has been for the j past twenty yctius, "Truth" can only I guess. Thu fhet, However, remains that '

the City Council was put m a huge bole, and it has clambered out with much loss of dignity, the while giving the clearest proof that the Council, or the majority of the Council, is unfitted to be entrusted With the conservation .of the ratepayers' interests. instead of insisting that Russell should demolish his | building and give the citizens their own, the Council has countenanced a huge steal, and is proposing a course that is very questionable, and which "Truth" thinks should be tested m a law court! The Council proposes to give Russell afurther lease of the grabbed property at a peppercorn rental and "Truth," if not mistaken m its law, holds that the 'Auckland Council has no power to do such a thing. If the Council proposes to-* do anything of the sort, it must either sell or lease to the highest bidder. To specially fafror Russell, to giro Lim a right that is wrong and unjust, and savoring of municipal corruption, is an arrogant assumption of . power that no Act of Parliament bestows. As it is, the annexe to the present mart is valueless without the jumped street, and this is just where the Auckland Council is mating a huge mistake. Renting such a place is entirely out of the question ; and the value of the stolen property, which is almost m the heart of the city, can., only be decided by public compefcfltaon. Whether the action of the Council is illegal or not, "Trnth" cannot, ol coarse,, say. That must he a matter fox the Supreme Court, to decide. Farther, it. must be mentioned that toe consummation of this "steal" is not going to pass by without a challenge, as we understand that an application for a writ of mandamus is to he made directing the City Council to refrain from granting the lease. Messrs Dawson and Pulton, lawyers, of Auckland, after having received what is conceived to be an admission of the grah, and an intimation that, the City Council would insist on the, restoration of the public property, recently received, after a wait of five months, the following tetter:— "In reply to yours of September 10, 1909, calling attention to the fact that a building has been erected over tfte eastern end of Darbasn-lane, and expressing the hope that steps will be taken to have tiie piece of roadway referred to restored to the citizens, I have the honor to inform you that the Auckland Orty Council has been, informed that the encroachment took place many yeazs ago with the full knowledge of the owner of the adjacent property, and the tben Council and city engineer. Having carefully considered the matter, the Council has resolved that the present buildings shall be allowed during the pleasure of the Council, provided that the owner pays for the rental for the street occupied. "HENRY WILSON, "Town. Clarfc." ■Additional legal advice has been taken on the matter, and this advice confirms the prevailing impression that the leasing of the property is illegal. If such is the case, "Truth" trusts that some spirited citizen of Auckland will tafce the Council into court and thus ruthlessly expose what, on the face of things, seems to be a daring and damnable attempt to copy 1 .American municipal usage, "(irafv just, about fits this street grabbing deal, and that the "steal" should be connived at' and countenanced by the Council does not tend to allay the growing suspicion that Auckland municipal control is not as pure as it, might be. A fair rental for this stolen street is estimated at £600 per annum, and this is based on the opinion of a well-mown valuator who has no interest whatever m the matter. "Truth" considers that it would J>e failing m its duty as a public print "were it to hesitate to give this matter the widest publicity. There is nothing more open to "graft" than municipal life. We have been exceptionally free from it so far, but we do not want American methods! introduced m New Zealand. Once it enters, then the purity of civic life will be defiled. The ratepayers have the remedy' m their own hands. Let the Council be taken to court, and if the court considers that the deal is fair and equitable; then no more can be said. If it is not, ratepayers should mark for farther identification their representatives, and deal with them m the proper manner at the municipal polls.