HARBOUR BOARD.

Otago Daily Times, Issue 4171, 1 July 1875, Page 3

HARBOUR BOARD.

The usual statutory meeting of the Harbour Board wa3 held yesterday. Present :— Messrs Reid, Da vie, M'Kinnon, Thomson, M'Neil, Te-.vsley, Kreves, and Cargill. In • the absence of His Honour the Superintendent, the Mayor of Port Chalmers, Mr M'Kinnon, took the chair. FINANCIAL ACCOUNTS. In accordance with clause 29 of the Otago Harbour Board Ordinance, the Treasurer's statement of accounts, balanced and audited, -was brought up and finally passed. The Secretary submitted several accounts which the Chairman of the Finance ■Committee had' not felt justifkd in passing until they were sanctioned by the Bo.ird The accounts were 'agreed to on the under--.standing th.it the question of allowances •would be considered when the question of pilots' salaries waa dealt with. The accounts for June were then passed, amounting to £1658 2a Bd, the large increase dining the mouth being owing to repairs to dredge, working the side dredge, and expense gauging tb.3 tide level at four different stations in the harbour. engineer's and inspector's reports. The following report of work performed during the months of May and June, from the Inspector of Works was read :— INSPKCTOH'rt REPORT. By referring to the weekly returns, it will be .-«-en that the dredge " New Era " had only six working days in Slay—the early part of that month being too coarse to enable her to work— and upon the 13th the boilw sprang a leak, making- it necessary to bring the dredge to Dunedin for repairs before the dredging at Macandrew's Bend was completed." Upon inspection, both boilers -proved to be so thin in some pails that a light blow of a hammer made a, hole iil the plates. Consequently, the repairs necessary were more extensive than I anticipated in my last report, and comprised sheathing the tljin parts, patching the tube plates, .and renewing a number of. the tubes, &c, which occupied about three weeks. During that time, the engines and all the bucket gear were repaired and put in good order. At the tsame time, the steamer Peninsula was docked and painted, and the necessary repairs to her hull and machinery attended to. Agreeable to your instruction, I had the side dredge put' m order, and when the New Era was ready, started both dredges to cut a basin 300 ft wide, to enable the longer class of vessels to swing at liattray Street Wharf. On Aocount of the constant steamboat traffic I find it necessary to leave a strip of about 25ft alongside the jetty till the extended wharfage accommodation enables the Harbour Master to keep that portion clear for dredging. The ground at liattray street is hard sand, with only a thin layer of mud on top. The dredging* are being deposited at ihe tack of the retaining wall, within the boundary of the Board endowment, and as far up as the -tides will allow. Among the works executed since my last report are the following :—New tumbler for <lred"e, as pet- contract ; laying water pipes at "Nf E. Harbour, do ; two new iron buoys, do ; liew boat for punts, do; repairing boiler of steam launch Vire, according to memo, of instructions ; repairing two punts, which had to be docked for that purpose ; and keeping the jetties, punts, and boats in repair by the Board s carpenters. , In carrying out your instructions, re the renter of tidal gauges, I appointed a man to ■ each of the following stations viz Street Jetty, Dunedin; Old Jetty Port Chalmers ; Mac.indrew's Jetty, N. h. Harbour; .and Burkes Jetty, to all of which I have given regular supervision. _ The coiitractors-for the extension of Kattray street wharf have commenced to drive the piles, 'and with their very complete appliances may ho expected to make rapid progress with the Kiucaid and M'Queen have also Started to make the boilers for the J:ew dredge. At tliu request of the Chief Harbour Master, I visited thu I'ilofnnd tfignal Stations, at the llea'!", and in,p:uted the buildings, some of Tvhich'iraii..iiii».'t dil:n>i'laU;dc<mditimi; to put them in order would require au outlay of bout one hundred poiiuoH.

I regret having to report that Mr Graham, master of the sioe dredge, while in the execution of his duty, met with an accident, by which he lost two fingers, which will probably unfit him for work for a short time. < I have made temporary provision for working the dredge in the meantime. ■The Engineer wrote asking authority to engage Clerk of Works for the Rattray street extension jetty.—Consideration deferred till next meeting. QUESTION OF SALARIES. The Harbour Master wrote requesting an increase of salaries for the Pilot, and the Deputy-Harbour Master also wrote reruesting that he should have an increase of salary.—Tho matter was referred to the Finance Committee to report on. LOWER BEACON. The Chief Harbour Master wrote intimating that tho steamer Samson, when proceeding on her outward voyage last week, ran foul of the lower red beacon, placing it in jeopardy should a gale of wind take place. The matter was referred to the Harbour Master and Inspector of Works. TUG SERVICE. The following letter, and communication appended by Captain Thomson, was read : — To the Secretary of the Harbour Board, Dunedin. Port Chalmers, N.Z., 30th June, 1875. I have the honour to forward herewith, for the information of the Board, copy of communication from Captain Nicholson, of the schooner Rosebud, complaining of irregularities in the tug service at this port, and beg to state that on enquiry I find he has iio cause to complain of the detention at the Heads, an hour being about the usual interval between the signal made for a tug and her arrival from Port Chalmers- at the vessel. He has, however, cause to complain of non-attendance of the steamer on Monday morning, according to promise by telegram. For such** neglect the master gives the following explanation:—That his fireman was on the spree, and failed to have steam up in time to save the tide, but did attend upon the vessel, aud towed her to Port Chalmers the following morning, tho evening tide of Monday being too late to have daylight for the work. I may say, however, that the ship Lochnagar was towed to sea on the Monday in question ; and lam satisfied that when there is work towing large vessels in the Lower Harbour, tnc nutter and owners of the tug will give them a preference, being miuh moie remunerative. In order, therefore, that the Upper Harbour shipping should not suffer loss by delay, I would respectfully recommend that a small size tug of SC horse-power be procured by the Board, as the service does not appear to be suffiujently remunerative for private enterprise to engage in. At same time, lam of opinion that such service would lie self-supporting. !- This appears to me to lie the best way for the Board to have control over the service referred to, and the shipping trade to this Port now demands that such facilities should be given. Wm. Thomson, t Harbour Master. .[letter.] Duneilin Wharf, June 21st, 1875. Sir—l beg to call your attention to the very unsatisfactory way in which the tug service of the Port is conducted. My vessel, the Rosebud, 100 register, lay-to on the evening ,pf the 3rd instant, when the pilot came on board at the Heads, and said I could not get in unless I took a steamer. The Geelong came in about an hour ami took me up to Port Chalmers, for which her charge was £11. The pilot at Port Chalmers refused to come on board unless I lightened the vessel to 10ft. Gin., my "druft I being 12ft., and would not take charge of her without a tug, for which a further charge of £12 : is made for bringing the vessel to Dmiedin Wharf. On Saturday I engaged the tug to take me down on the evening tide. I suppose it did not suit the master to bring the Geelong to town, as I received a telegram to the effect that he would be up at five o'clock this morning. My crew were turned out at that hour, and everything in readiness, but no tug was forthcoming. I think it time that these matters were looked into, and'thu tug service jilaced under responsible control, otherwise such charges and delays as .are incurred here are sufficient to deter owners from sending vessels to Otago.- I am, &c, (Signed) John Nicholson, Master schooner llosebud. Pilot charges on schooner Rosebud, 100 tons register:— Towage from Heads to Dunedin £23 0 0 Do Dunedin to Port 8 0 0 Lighterage of cargo at P. C 14 lit 3 Light dues, pilotage 9 10 0 £55 9 3 The Harbour Master, Dunedin, * DP.EDGE HER VICES. A telcgranwfrom John M'Laren. Harbour Master at Kakanui, was read, asking whether the small dredge machinery was for sale.—-Remitted to Engineer to report on at next meeting. REPRESENTATIVE MEM HERS. The Chairman read a communication from the Chamber of Commerce, intimating the election of Huj;h M'Neil as one of its re-, nrnser titives on the Harbour Board, and the Town Clerk also sent a letter intimating that the City Corporation had re-elected Mr A. Merger as its representative. HARBOUR WOIiKS. Mr Reeves moved, aiid Mr M'Neil seco.idcd, '' That the Engineer be requested to furnish to the Board, at its next' meeting, a report of the progress and survey of harbour, &«., stating when he will be prepared to submit his scheme for dredging operations, docks, reclamation, &c."—Carried. This finished the business be:ore the meetiug, which then adj urned. SUPREME COURT.—IN BANCO. Wednesday, 30th Junk. (Before His Honour Mr Justice Johnston.) IN THE MATTER •OF THE SOUTHLAND WASTE LANDS ACT. This was a case stated by the Southland Waste Lands Board, under the Gth section of the Waste Lands Board Appeal Act, 1807, for the opinion of the Court. Mr Smith and .Mr Stout- appeared on behalf of the Southland Waste Lands Board; and Mr Macassey stated that he appeared, with Mr Hagjjitt, on behalf of the Messrs Geo., John, ami H. B. Morrison, the owners of run 15'J, whose intiTusts would bo effected by the decision of the Court. Mr Smith said this case was presented to the Court for its opinion under the (ith setion of the Southland Waste Lands Act Amendment Act, 1807, which authorised that iv proceedings where the Waste Lands Board were in doubt they were entitled to take the opinion of the Supremo Court. He was not aware that anyo.ie had the right to appear on this occasion except counsel representing the Waste Lands Board. His Honour thought that was rather a monj -strous proposition. If there was any right to appear on one aide, it would be monstrous to suggest that the Court should not listen to counsel on the other side. The Legislature— although he thought rather rashly in some cas<;s —had given power "to consult the Court. fie could not for a moment conceive that the Legislature would ever give power to a public body to consult the Court fortified by counsel, and at the same time not allow the other side to-be represented. He almost doubted whether the'Couvt would not repudiate such a direction, if the Legislature said : You shall decide a matter affecting the .subject, and shall only hear one side. Mr Stout also argued in support of Mr Smith's objection, urging that the interests of other parties, named Finlayson, who were not represented in Court, were also afMcted quite as much as the Morrisons; that the present matter was brought before the Court by the Waste Lands Board on its own motion, and other" parties who might be affected had no right to come in, the present application being analogous to the case of a trustee going to the Court for direction ; and further, that parties aggrieved had leave to appeal, under the 4th section of the Act, against any decision of the Board. His Honour ultimately said that he would give counsel for the Waste Lands Board an opportunity of raising the point in a. higher Court, aud would decide, without any hesitation or doubt, that if a party appearing pointed out that the case showed his interests were Hal ile to be affected by the decision of the Court on a question of law, he had a right to be heard if the Board was to be heard. Mr Smith then proceeded to open the case. After all the circumstances had been fully set forth, the following questions were submitted to the Court :— 1. Is the proclamation of the 11th July, 1874 ! (issued by His Honour the Superintendent and setting aside certain lands in Southland for occupation on deferred payments), so far as it affects lands comprised within the limits of run No. 150, or any other run held under licenses issued in pursuance of the Southland Waste Lands Act, 1805, valid? 2. Are any of the hinds comprised within the limits of ruii 1"/), or any other run held under the provisions of the Southland Waste Lauds Act, 1805, legally li.alild by virtue of the provisions of the Southland Waste Lands Act Amendment Act, 1873, to be set aside for the purpose of boing sold on deferred payments or otherwise ilenlt w'>'-\\, according to the provisions coMtnr.iud in ?.'■ Vi'di to the Glth sections, inclusive, of !,'■' a.v "> Wrute Lands A.ct, 1872? 2. Arc :i .'< v « >' '. !u; liinds comprised within tin; iinits of nui 15:), or any other run, held under

the provisions' of the Southland Waste Lauds Act, 1805, legally liable by virtue of the provisions of the Southland Waste Lands Act, Amendment Act, 1873, to be sold on deferred payments, or otherwise dealt with according to the provisions contained in the 47th to the 64th sections, inclusive, of the Otago Waste Lands Act, 1872? Mr Macassey submitted that in ttus case, as representing the Morrisons, he was entitled to begin the argument. As authority in support of thin intention, there were the two cases under the Victorian Land Act, 1862, of Kelmtw and Fuvhtuj, 2, Wyatt and Webb, Law. 140._ His Honour, after hearing arguments, said his view was that there was no specific rule stated to meet the present case, and the practice must necessarily be fixed by the Court by a reference to the circumstances. This was not an ordinary case. And as far as lie could master the principle and apply it, the mode applicable to the case was this: Counsel for the Board said, "We are in duhio—\ve want you to direct us ; and we do not strictly affirm one or other of the propositions." Mr Macassey, I representing the other side, came forward to affirm a proposition. He did not wish his decision to be regarded much as a precedent, but Mr Macassey had something definite to suggest to the Court ; he had to affirm certain propositions—of mixed law and fact—and to reason upon the construction of certain Statutes. The Counsel for the Board would be at liberty to dispute those propositions and that reasoning ; they were there to get the opinion of the Court after the Court had heard what might be said on the part of the persons interested. Mr Macassey then addressed the Court at great length, submitting that the first question to be decided by the Court should bo answered in the negative ; in other words, he contended that the Superintendent had no power whatever, before the classification had been made, to.'put up those lands for sale on deferred payments at 23s per acre; and that he had no power afterward, because those lands were agricultural lands purchasable at £2 per acre. The second question involved something more than the first. One contention that had been mooted was that probably the Superintendent might have. power to set apart the hind, so that when the pastoral tenants' term expired those lands might bo available under such reserve. Of course the great reason for urging that that question should be answered in the negative was that, necessarily, it would follow, the Legislature should have ascribed to it the intention of t iking away those lands from the pastoral tenants without compensation, whereas in the Otago Waste Lands Act compensation was provided. On the third question the point was raised as to the power of the Government to set aside lands for this purpose, but contradistinguished from the subsequent power of selling, he might be empowered to set aside such lands although not empowered to sell them. Mr Hagsitt followed on the same side. Messrs Smith and Stout then addressed the Court in support of the view taken by the Waste Lands Board. Mr Stout contended in effect that the Court must make something of the provisions 47 and G4:of the Act. He maintained he had shown that the provisions of the 47th clause in Otago meant proclamation of a run. It must be construed-to mean the same thing in Southland. Being the proclamation of a run, the Crown, as it were, granted a tenure to some one else than the pastoral tenant; thut grant, or sale, or reserve, was a determination of the lease, even in Otago, where there was express provision for proclaiming Hundreds. If that could take place in Otago, where there was ,a lease of the land, it could take placo in Southland, where there was no provision at all for the cancellation of a lease. If the Court considered it in that way, and put some meaning on those deferred payment clauses, the various conditions of the lease and the issue of the lease were inconsistent with the pastoral license remaining intact. With i-e----spect to the first question submitted for tho decision of the Court, he maintained that the proclamation was valid, and whether another proclamation was • necessary or not, could not affect the validity of this one. AsW the second question, whether any of the lauds in this run were liable to be set aside for sale on deferred payments, he submitted the Court was bound by section 47 to say the Legislature had so provided, because it made express provision to that effect; and, also, with reference to question 3, that the land in run 159 could be dealt with on deferred payments. Mr Macassey having replied, his Honour took time to consider his decision. iIN THE MATTER OF JAMES MACINTOSH AND THE ! SOUTHLAND WAfITE LANDS BOAKD. This was an appeal from a decision of the Southland Waste Lands Board upon applica- I tions brought by James Macintosh, the appellant, on 2S)th July, 1874, for the pnrcha.se of three blocks of laud in the O'reti Hundred,1 containing, respectively, 45C0, 4120, and 3040 acres. The Board refused the application, and recorded the following minute of the decision : — " That the application be refused on the following grounds : —l. That the reserve is legal as made by the Superintendent. 2. That granting it would injuriously affect the value of the remaining lands of the Province. 3. That in consequence of the prevailing idea that the land in question was legally reserved, many persons who would have applied for the said land did not d 0.50." The questions now subin tted for the decision of tho Cobrt are :—"1. Were the blocks of laud applied for by the appellant legally reserved from sale by the Superintendent ? 2. Are the second and third reasons alleged by the Board for refusing the appellant's applications valid reasons within the meaning of the 2i)th section of the Southland Waste Lands Act, 1807 ?" j Mr Macassey, with Mr HaggHt, appeared on behalf of the appellant; and Mr G. E. Barton, with Mr Stout, on behalf of the Waste Lands Board. The case was just opened when the Court | adjourned till 10 a.m. this day.