HARBOUR BOARD.

Otago Daily Times, Issue 9546, 30 September 1892, Page 4

HARBOUR BOARD.

The ordinary meeting of the Otago Harbour Board was held yesterday. Present—Messrs H. Gourley (chairman), John Carroll, A. Thomson, E. G. Allen, W. Barclay, H. Guthrie, G. M. Barr, Biaurice Joel, J. T. Mackerras, and Dr Drysdale. JFIXANCIAL. The bank-book laid on the table showed a debit balance of L 570 18s 3d. THE PROPOSAL RE CUSTOMS REVENUE.. The Secretary of the Thames Board wrote :— Referring to the resolution passed by your boaru upon the question of the desirability of SHff. 11 °f the customs revenue raised at each port m i,ew Zealand for the purposes of the respective harbour boards, I have the honour to inform you that the Thames Harbour Board have resolved that the adoption of thi™proT)osal would be of no benefit to ports which ifke that of thelhaipes, are not ports of entry This bmrd ' fnortfoTfof "iatedS a poition of the customs revenue should lip granted to harbour boards, but consider that any plan for giving effect to it should provide a bas^s of distribution by which all would receYve equitable consideration. The board do not approve of the suggestion that additional revenue :SaSt y . shoUld lje raised * mcansofThe letter was received. | THE RAILWAY RESERVE. The Resident Engineer of Working Railways intimated that he was instructed to fill in the portion of the lagoon on the railway reserve between Hanover and Frederick streets The Secretary explained that the filling in was arranged to be done partly by the board and partly by the Railway Commissioners The board s share of the work was being done by the dust carts. J

DUES OX SHIPPING. The Secretary Chamber of Commerce forwarded the resolution passed by the committee of the chamber to the effect that they would be glad if the board would take an early opportunity of inquiring into the question of the present rates on shipping, which, in the oninion ot the committee, are so excessive as to greatly prejudice the interests of the port It was resolved toxefer the matter to a special comnnttee, consisting of the Finance Comt mittee and Messrs Guthrie and Allen rm m PELICHET BAY J3ATHS. Ihe Town Clerk wrote urging upon the board he request of the City Council that steps be taken to stop tne practice of washing horses iv the immediate vicmity of Pelichet Bay baths. Last year as many as 2500 persons availed themselves of the baths during one month. Latterly, however the nuisance alluded to became so great that many, especially ladies, would not bathe in the water, which was frequently quite unfit for anyone to go into til r EEOLL trusted that the bclrd would take action as requested, and moved-'' That the Kfff council be granted by preventing horses bathing m the vicinity of the baths during the inflowing tide." Mr Gutiirie seconded'the motion Mr Barclay said that the spot in question had been used for- washing horses fol yeT past, and was the recognised place for that purpose before the baths were built He did the'quS r' WiSh t0 take ln dealiD S moTttm"ttheose hOUSht ** ** th^f c hmOtiOn-,T S carried with the addition that the council be permitted to erect a fence on the spot.

' works committee's report. Ihe Committee reported on remits as follows :—

hi £ 1D? °N cr st.?? ets: Solicitor's opinion as to t^hSf W P9S ftlon ?- nd l- esPo°sibilities is attached for the information of. members. A copy of letter sent to district members of both Houses ot Parliament, asking their support and influence wwi UlTp 8"% 1 01«1t vot<? the extension of wharves at Port Chalmers, is also attached. The lepon, from Sir John Darling on Steward's coinbmare buoyant cushions is fairly favourable, but the experience of their durability in actual%erS™H n°tf?. ufficiesiil3rtes,^ t0 A'Stifythebo^rd fmnlT cm + - Lhe solicitor's letter enclosing form of rot ice to be served on Mr Mrister tore move the floating dock and lighter Annießo wW th.f /'n f PP/°Tf d- The Committee recommend that UO bei further expended on metal for cross Nharf and Jetty street. The harbourmaster and inspector of works had been requested to report re channel at Victoria wharf and swinging basin • ?Cil° g om.'stoPofnt nllel C°miUg ™Wd the W The Secretary said that the secretary of the Railway Commissioners telegraphed under date 27ta rest:—" In reply to your telegram of the 6th the commissioners have asked Government to place a sum on the Estimates sufficient to make arrangements for deep berths at Port Chalmers " On the following day the secretary agsrn telegraphed to the following effect •— "According to the Public Works Statement provision will be made only for old liabilities m vote for additions to open lines. In this case there would be 110 provision for altering Port Chalmers whaif. Commissioners were unaware ot this when wiring you yesterday." Mr Allen said that he had information from a private source that there was no money on bhe Estimates for this purpose, but that an endeavour would be made to get it on the Supplementary Estimates.' The Chairman moved the adoption of the Works report. Mr Barclay suggested that the inspector be asked to leave one or two gaps in the half-tide wall. If built right up there would be no way or Qshing or pleasure boats getting from one side ot tne bay to the other, excepting at high tluG.

It was understood that the suggestion was accepted. The motion was carried. FINANCE COMStITEEE'S REPORT. The Finance Committee reported that they had considered several departmental matters laid berore them by the treasurer in connection with the remittance in November, and with respect to the return of the dredge from Wellington and the expenditure that will then be necessary in keeping her employed ; and the committee advised that the closest economy be exercised. J RESERVES COMMITTEE'S REPORT. The Reserves Committee reported'as follows :— (1) The secretary has reported that the Legislative Council have rejected The Otags Harbour Board Empowering Bill 1592. As thl Events the board dealing m the manner intended with leases upon which they had been compelled in the interests of the board's trusts, to re-enter upon your committee have not yet decided what steps to recommend the board to take in view of part of the tenancy of one of the leases fallin- in on Ist November prox. Your committee however, consider that the gravity and importance of the case justify them in recommending that the attached protest be entered upon the minutes of the board. (2) Mr George Morgan's application re a* piece of land near the Milburn lime and cement works: The ground in that neighbourhood has not yet been surveyed, and the applicaturn is indefinite as to exact locality. The lease of any ground must be put up to auction or tender, and this could not be done until properly laiu off and defined. Recommend to be declined in meantime.

The Secretary read the following protest by the committee, referred to above :—

That this board, in view of the action of the Legislative Council of New Zealand in rejecting iqiit i g,° Har'Jollr Board Empowering Bill i&ya, hereby place upon record their emphatic but respectful protest against the action of the m 'kPTi? 1' ? ud pon the Allowing grounds :- W Ihat the board, a local public body, elected and appointed biennially, having liad confided to them m trust the conservation and administration of the interests of the harbour of Otago, finding existing general law inadequate to the carrying out of their functions in the best interests of the said trust, prepared the said bill with a view to provide for cises in administration which had arisen, and for similar cases thatmig-ht arise m the future, and which could not be either wisely or equitably dealt with under any existing law. (2) That the cases referred to, being of a local character, the bill was promoted as a local bill and all the legal requirements in giving full publicity to the said bill wore duly carried out every care being taken that iv the bill itself the exact intent and purpose were clearly and equivocally set forth, so that the public could not in any way be in doubt or bo misled as to its scope and intention. (15) That the necessity for and equity and justice of the measure were so patent to the board and to the public of this locality that no opposition was given by any member of the board nor by the public either through the columns of the press or otherwise and for those reasons the board felt justified in submitting the bill to the scrutiny and jud«ment of the Government, who also were so fully satisfied of its merits and necessity that they willingly took charge of its presentation to Parliament. (4) That the bill passed through the House of Representatives and received the impress of its approval. (5) That the first notice the Iward received of any opposition to the bill was conveyed to them by the press notices of the unfavourable report of the Local Bills Committee of the Legislative Council in recommendwm ftA nwH,' 10* b0 allf «'cd to be proceeded with (0) Ihat the grounds as set forth in the press for the hostile action of the committee of the Council are quite untenable, and unworthy o.being acceptec as the real ground of opposition aid charitably must be attributed to a want oi practical knowledge of the just and equitable administrative requirements of local bodies 7wffV?r wl l?Cal circ"uista]ices to deal with ,7) ihat the action of the Council, through its committee in not giving the board an o^or- ;,-, •° f9 ?"?, hoan} m support of the lull, or mtimat.ng to them the possibility or probability of adverse action, cannot bo considered otherwise innrnv^S""^1, 1' aU, d ""^ouable. That a WU apm O \ed by a local governing body, acnuieseed m by the public specially interested in tSncilitv »rt W bj; * he G^nmc ent, C anl w l,i s. he KolVi e ,of Representatives should nnin n.! "l S° ca™1 1 1CTly' CallUOt' iv fche b0;l«l>s opinion, be excused upon any public grounds of th s°-nV o a te t JUS rf s , tho b,°T l iutha of ~,m,1»f V« l," )Oili'! 1 dco"^' regK* that the committee of the Council should have ma.lc sucli a report without g.vmg the board an opportunity of CXI.I.IIHIIIB the reasons for the bill, and also egrot that the Council should have proceeded to dismiss the bill without calling for any explanaon from the board The board further record "'■ »"f™»« of »'« services rendered to Uiuu hj thu (..uvernment, and trust that in a future session the good olliees of tho Oovornmont Mil be again available, and that the Council will >y hat time have seen the injury .inlictcd on [oca uudies such as this by refusiir.' lv aid the - in the carrying out of the due administration of LiilGll IIIIsTj

The Cii.uKMAX moved the adoution of the ■eport.

Mr Aixkx said that, while expressing regret that the Council did not see its way to pass the bill on accouut of Sirs M'Dousld, still ho must certainly protest, agaiust a resolution of that description appearing in the public prints as emanating from that board. He had no doubt that the members of the Legislative Council acted on wluit they thought were the best interests of the colony. They were not actuated

by any personal feeling in the matter but if the bill were given effect to the board would be endowed with very great powers which might he abused, if they chose to do so.- He did not think that the protect should be attached to the report. The board would only make themselves conspicuous in the eyes of the public, and if it were adopted it would simply cause lnction without doing any good. They had done all they could in the matter. The Legislative Council, in their wisdom, thought it best not to give the board that power, and they should accept the position, and not raise a pro- ™ t°«f ?T ture- TT lfc was like impeachment of the Upper House, and as much as to say that the board Knew more than the Councildid of legislative matters.-(Dr Dkysdale: v £ «° W moi?\ about °«r own affairs.") No doubt they would all like to legislate on their own affairs, but it was the duty of the Council to see that pnrate legislation should not be given effect to when the public might suffer. Mr Barr said it was very well understood that although the bill was a local bill, yet it had wide bearings, which the Legislature had a right to take into consideration ; and members of the board would probably remember that at the time the matter was discussed in the Upper House one thing that operated very strongly against it was that the bill had purely a local application, and it was felt that if any alteration was made iv the law it ought to be made of general application. He had no doubt that it the matter had been brought before Parliament as a general measure there would have been a much better chance of its being carried; He was of opinion that the protest went too far The members of a local body should not condemn a branch of the highest body in New Zealand; and to agtee to the protest was simply to make themselves ridiculous . Mr Joel agreed with the opinions expressed by the two previous speakers. In refusing to pass the bill the Council were simply doing their duty. Why any special enactment Ehould be made m the interests of ths board, he could not see. He thought that the Council deserved every praise for what they had done, instead of a vote of censure.

The Chaihman said the board did not wish to censure the Upper House in any sense of the word; but it was quite clear that they should remonstrate with them for, rejecting the bill without communicating with the board and giving them an opportunity of explaining what they wanted. The board simply wanted to do an act of justice to Sirs M'Donald, so far as that was -possible, and without altering their own position ; and if the bill had passed they would have been able to sell this property, and the purchaser would only have stepped into the position that the occupier held before. He did not think that ihe request of the board was an unreasonable one, nor that the objection that they nad taken to the refusal of the Upper House to pass the bill was unreasonable The protest simply meant that before the House rejected the bill they should have given the board an opportunity of explaining the position they took up with regard to it. Mr Carroll thought that the board could gam nothing by using strong language He therefore moved-" That clause 6 cf th<f protest be deleted." No exception could be taken, he thought, to the other clauses.

Dr Deysdale seconded Mr Carroll's motion, and '

lhe Chairman expressed his willingness to agree to the deletion of the sixth clause. Mr Allen moved as an amendment—" That the whole of the protest be deleted from the report." He had not heard any argument that had caused him to alter his jdeas upon the subject. As to the board not having had an opportunity of expressing their views on the matter, that did pot go for much, because the Government were in full possession of all the facts; and the member in the Upper House who had charge of the bill knew as much about the position of matters as it was possible to know If the board wanted this bill or any other bill passed at any time it was certainly the wrong way to go about it to protest sgainst the action of the Council.

Mr Joel seconded the amendment, which was lost on the casting vote of the chairman. The report was subsequently adopted with the deietion of the sixth clause of the protest, the motion for adoption being carried, as in the previous instance, on the casting vote of the chairman.

TUB APPOINTMENT OF AN ARBITRATOR Mr Carroll stated that he had noticed in that morning's Times a message from Wellington to the effect that Mr James Mills, M.H.R was going to urge the Government to appoint an arbitrator, in terms of section 231 of " The Municipal Corporations Act 1886," to decide between the Dunedin City Council and the Otago Harbour Board as to the disposal of city sewage which was discharged into the Otago harbour. So far as clause 281 of the act was concerned, it provided ■ that in case of some difference between two bodies an arbitrator could be appointed. Every inemberpresenti knew that there was no difference between the board and the City Council over, this matter, but the action of Mr Mills would imply that there was a difference, and that a conference had been held. He would like to ask the chair--man if Mr Mills had received instructions from the board to take the action he had. " The Chairman : There has been no communication either directly or iudirectly between Mr Mills and the board on the matter. Mr Carroll : He is moyina; of his own accord?

The Chairman : I presume so. Mr Carroll : Has any member ? ■ The Chaihman : No member has moved in the matter so far as I know ? Mr Barclay : I would like to ask Mr Carroll if the City Council has moved iv the matter. Mr Carroll : I am certain they have not. A Member : We can take his word for that (Laughter.) LAXD FOR RECLAMATION PURPOSES. Mr Thojison moved—"That our inspector advise the board as to the most suitable land for reclamation purposes, and that a sum of LIOO be expended thereon." Mr Allen seconded the motion.

The Chairman did not think that the board would be justified in spending money on reclaiming land at present, because there was a great deal more reclaimed laud in the market than they were likely to. dispose of for some" years. He hoped the board would allow the motion to stand over till their finances were iv a more flourishing condition. Mr Barclay said he understood that the board were LSOOO to the good this year. Mr Guthrie thought that to spend money on reclaimed laud at present was simply to " chuck " it away. After further discussion, the motion was lost on the casting vote of the chairman. Mr Barclay moved—" That the inspector be asked to have a portionof the reclaimed land at Ravensboume levelled according to the plans agreed to by the Railway department; the cost of the work not to exceed L 150." The motion was lost on the casting vote of the chairman. COALING CHARGES. Ml- Allen asked what charge, if any, was made upon coal put into Home or other steamers for their own consumption. The Chairman ' replied that there was no charge at all.