RAILWAY LINES ON WHARVES.

Otago Daily Times, Issue 9041, 17 February 1891, Page 2

RAILWAY LINES ON WHARVES.

(Pus United Phess Association.)

iNVEKCinpiLL, February 10.

At the Bluff Police Court to-day a man waa charged on tho information of tho Railway department with trespassing on the New Zealand railways by driving a horse and cart on tho Bluff wharf. Counsel for defendant admitted the fact, but doniod that the line on the wharf wa3 a railway within tho meaning of the meaning of the '• Public Works-Act 1882," and contended that the bye-law made by tho commissioners did not apply. Betides, under their act, tho wharf was tho property of tho Harbour Board, who had the ; whole management of it, and had made a bye-law permitting such a thing as defendant wns charged with doing. If the court inflicted a penalty it would virtually be giving tiie commissioners jurisdiction over tho wharf, and taking out of the hands of the board powers which it had by Act of Parliament. Mr Rawson, R.M., upheld tho contention for defence. The Harbour Board permitted the use of the wharf in euch a way, nod it had not been shown that the railway thereon was a public line declared open for traffic or proclaimed by the Governor. The information was therefore dismissed. The question is of importance to I harbour boards throughout tho colony.