OCEAN BEACH AND PENINSULA RAILWAY.

Otago Daily Times, Issue 4685, 22 February 1877, Page 2

OCEAN BEACH AND PENINSULA RAILWAY.

DEPUTATION TO THE HON. G. 31' LEAN,

A deputation, consisting of Messrs G. Si Brodrick, Calder, F. Fulton, Gellibrand, Jeffries, J. T. Roberts, and White, waited upon the Hon. G-. M'Lean yesterday.

Mr Fulton intvoduced the business by saying : The Ocean Beach and Peninsula Railway Company projected and deposited certain plans for the formation of a railway from Dunedin to Ocean Beacb, terminating at the Forbury District Road. The said line was approved of by the Government and gazetted, but the Company have failed to complete the line by about 24 chains; whereas, by clause 12 of the Railway Com paries Act, 1875, under which the line was formed, they are bound to carry to completion any line for which the Governor's sanction has been obtained, "unless any unforeseen obstacle prevents it being done." The Company have deposited a second lot of plans for a branch line into Anderson's Bay. This line, although begun,1 Ins not been completed. The Company deposited a third set of plans on the 27th January, 1577. for the extension of the Ocean Beach Line through the Forbury Park, as close to the circle of the racecourse as possible; thence, direct to the Government Workshops, as shown by a sketch which is handed in. The deputation, on behalf of themselves and others, object to the actions of the Company for the following reasons:—

1. v\ Hh regard to the non-completion cf the aforesaid lines, they call the attention oi the Government to clause 12 of the liailway Cumpaui s Act of 1575, and rcquuit the Government to enforce the provisions of clause 12, as a reasonable time has classed dnce the line was commenced.

2. With regard to the proposed extension of the lino os per deposited plans of January 271h last, the deputation consider that it will not be so beneficial to the district as an extension to start from tne terminus of the line at the Forbury district road, thence along the foot of the hills through lha townships of Kew, Calilervihe, and Dirley, and from thence vi. the Government workshops into town, as they consider it would be letter to have i\p lino at all in the meantime than one monopolising tbo rights under the aforesaid Act of 1575.

The deputation'would further remind the Government that by, clause four it is imperative for objections to bo made within two months ot a company advertising, which, in this case, ex pires on March 27th. We ask that the Government would bring into force clause four, and allow the ratepayers, as therein provided, to register their votes for or against the pro posed extension. We also wish to call attention to the fact that from where the line at present ends it is almost impossible to get down to the |Ocean lkach. There is a large lagoon there full of water, and it involves a walk of nearly a mile to get. round the lagoon to the beach. Whereas, if the line were continued to the Forbury .Road, visitors would only have to go a short distance to the corner of the beach, where there is shelter.

Mr M'Lean :As far as I can see, the question with the Company will be whether it is more profitable to carry the line along the foot of the hills near the Forbury Road, than along the line they now propose themselves. Under the Act, the residents have a right to vote against the construction of tho line, if it does not go the way which will suit them best. That is the control over the Company, and the Government will put that ,in force. " I do not know that this is exactly a'Teasonable time to

call on the Company to finish the line. I believe they are carrying the railway round the point on the other side of Cutten's ; and is there any reason to suppose that they are not going on to Anderson's Bay, according to the plan they deposited ? If they do that, ail that remains for them to make is 24 chains, which will take the line to the Forbury road. There surely cannot be much difficulty in making 24 chains of the line over level sandy ground. The expense must be very little. Mr Fulton : If the line is continued to the Forbury road it will not only be of more use to the inhabitants of the district, but also to the inhabitants of Dunedin, as it will enable visitors to easily reach the sheltered part of the Beach.

Mr M'Lean : I can see that the extension of the line would be a great benefit to the public in giving easy access to the Ocean Beach. I think it would benefit the Company to make that extension. As far as taking the line near the road skirting the hills is concerned, the question is whether it will be profitable to the Company to do so." The question will have to come before the residents in the district, and by a majority of votes they can decide that the like shall go the way that will suit them, or that the line shall not be made at all.

Mr Jeffmes : With regard to the first line that ihey projected—the part now constructed. —I have to say that I had no notice whatever to give any vote either for or against it. Consequently, I maintain it is reasonable to suppose thit the .same action will be taken in regard to tha proposed extension of the line. Mr M'Lean : But notice has to be published. If you saw the papers you must have seen that a vote was to be taken.

Mr. Jeffbies : Only notice that they were going to make the line; not, as previded by the Act, that a Returning Officer had been appointed, and that votes were to be taken. Mr M'Lean : It is too late now to speak of that. Before the Government gave their sanction to the railway you should have represented to them that you had no opportunity of recording your votes. The Government would not have asked the Company to make you vote " Aye " or " No," but they would ask that you should have full knowledge that a vote was to be taken.

Mr Fulton : I do not think any vote was taken on that occasion.

Mr Jeffbies: The Act says the Governor shall appoint a certain place where votes are to be taken, but iv this case no place was appointed.

Mr M'Lean: If I recollect rightly, votes were taken on this railway. Mr Jeffries : The Company appointed an agent to go round and get signatures for the line to be made, but there was no proper legal way of getting votes. I understand that a place for taking votes is to be appointed by the Governor in the same way as when an election takes place for the General Assembly or the Road Boards. ; Mr Gellibrand : I think that what you say, Mr M'Lean, is entirely satisfactory. 1 understand you to say that you do not want to in-~ terfere with this, loop line if a majority of the people are desirous that it should be constructed as proposed; but if the majority are against it, the Government will not give its sanction.

Mr M'Lean: The Act provides that a certain number of votes shall be given in favour, of the proposed railway. If the Company can comply with the Act in this case, the Government would not be justified in throwing any obstacles in their way. All that the Government has to see lo is that they comply with the Act. I will represent this matter to my colleague tbe Minister for Public Works, and-I haveino doubt he will see that the provisions of the Act are carried out. ■ ■' •■■■■'' ">

Mr GellibeanD: Would it strengthen.the position of the deputation if they can show clearly to you that a majority of the owners of property and ratepayers are opposed to the line now proposed ? I think it is only fair to the district that no action should be taken until the opinion of the people is obtained. Mr M'Lean: The Government will be always guided by the opinion of the majority.As tar as they are concerned, they do not want to press the views of the minority or the- majority at any time. We have the Act before us, and we will see that the provisions are complied with. At the present time all I can do is to bring the matter before my colleague, and ste that the matter is fairly dealt with by the Government before the Company is allowed to proceed. > : : Mr Bhodrick : I hope the Government will see that the line is continued fov a distan.je.of 24 chains to the Forbury road. One of the principal reasons first urged in favour of this line was that it woull give access to the Ocean Beach; but now they have stopped short. Mr M'Lean : I have a note of that, and I will Bee that it is fairly laid before my colleague. Ido not know what position we will take up—whether we will compel them to finish it or not.

Mr Jeffries : I think it should be borne in mind that the plans fcr the line to the Ocean Beach were first deposited. The plan for the line to Anderson's Bay was afterwards deposited; so that the formation of the line to the ITorbury district road has a prior claim. Mr M'Lean: I think the plans for both lines were deposited at the same time. It was so represented to me. I will take care that as far as we have power, the residents shall have an opportunity of saying whether or not they wish to have the line constructed as proposed. The deputation then withdrew.