CITY TRAMWAYS.

Otago Daily Times, Issue 13856, 20 March 1907, Page 2

CITY TRAMWAYS.

THE HOLIDAY ON GOOD FRIDAY. ' AGAIN SANCTIONED BY THE ■ COUNCIL. . A special meeting of fhe City Council 1 was lield_ yesterday afternoon to consider 1 tho decision arrived, at last week lo grani ' the tram employees a holiday on Hood Friday; present-the Mayor (Mr G. Law- 1 rencp), Cra Gore, Arkle, Walker, Connor, 1 Wilson, Colo, Fiddis, Small, Scott, Brins- I ley, Loudon. and White. A number of i the tram employees were present, also mom- ' Mh of the Ratepayers' Association, who '■ put in an appearance after tho meeting I had been in progress for half an hour. The Town Clerk, at tlio request of the ' Alayor, read the following letter dated I March 14, from Dr Coughtrey:— t "As a regular customer of tho trams, 1 and in my other capacities and privileges 1 Uliwr tho various legal conditions and enactments by virtue of which your cor- i poriition has practically secured' to itsolf : a monopoly of the iriim passenger traffic ' iu the city and most of its suburbs, I ! desire formally' fo toll you that there is ■' every probability of my requiring to use i tho electric (rams owned by your corporation on Gocd Friday, tho '29th of March, , this year, and as any failure on the pr.rt i of your corporation to carry out Jionesrly its legal obligations on' that day woulil i most seriously inconvenience myself and others, I desire to ask you for a reply : promptly, stating whether these tram sor- ■ vices will be placed for tho use of the j public on that date in accordance with the law." The Mayor said that, in the face of this letter, he ihoiiyht it was only right that , ho should call tho council together to ■ consider il.s decision. He had also asked tho city solicitor lo give his opinion as , to whether 'they could legally grant this ' holiday v or not; ' ' The following opinion from the corporation's solicitor (Mr W. C. MacGrogor) was J read:—"l understand that my opinion is • desired iu writiiijr as to whether tho City , Corporation can discontinue tho running of i the city and suburban cars on Good Friday. In lhy opinion the corporation cannot law- , fully do so. The various Orders-in-Council aro explicit that, cars must he run for goods and passengers daily (except at the ', option of- tho- local authorities on Sundays). No exception is made in th; case of Good Friday, and tho cars must accordingly run on that day, in terms of the Orders-in-Coimeil. Any other course would not only subject the City Corporation to tho penalties provided by the Ordera-in-Council. but might also involve it in legal difficulties with the several suhurhan bodies j which have delegated to the corporation their rights and liabilities under the respective Orders-in-Couneil." The Mayor said ho might state that tho tramway employees had not received anv ' official communication from the council that the holiday was to bo granted, and they were warned by the traflio manager not to mako any arrangements for tho holiday until they had been officially informed. Cr Gore: Tliat is a curious statement io make. The Mayor: Why? Cr Gore: What authority lias the traffic manager to warn them? If this council passes a resolution ho has no right to warn them not to abide by it. Tho Mayor said the men had no right to act on the resolution until they had been officially informed of it by the authorities of the council. _ Cr Cole: After the resolution was carried in this council that it was the wish of the council thai, Ihn mon should havn a- holidaythey should have been informed of it. Cr Briiislev asked, Did it not require special notice lo bo given lo rescind a. resolution of the council? When the report, of the Tramways Committee was adopted that was equivalent lo carrying a resolution that the men were fo jof; a holiday. Tho Mayor said if flic council chose to rescind the former motion it co-i'a do so. . Or Brinslcy said he di<' r.ot believe ihe people of tho city would begrudge the men ons day in the.365, and Dr Coughlroy was only wanting to keep un his name i>y writing in protest. Ho (Cr lirinsley) would like (o know the council's legal obligation? in tin , mailer. Were 11n> Orders-in-Council not made with the suburban boroughs? Then, if anyone could take action against the council it was the suburban boroughs, and any protest; should not come from Dr Couglilrcy, who was simply usuroiiiD the rialils and privileges of thn local authorities. Let Dr Couglilrey take proceedings, lie (Cr Uriitsloy) wanted lo know morn definitnly than the statement made by thoir legal adviser what v.v.s tho penalty and who was it that might .take action against, the council? The Mayor: It is not for me to point, out tho penally, but that we are breaking the law in pnssing a resolution liko this, I warned the council when I fpoko on !he matter last week. I might tell you that any ratepayer—Dr Coughtrey or anyone else—ran protest against this being done. Cr BiTiifley: Yes, but- I don't see I hat lie can taH legal proceeding's. The Mayor (cautiously}: T don't know. O (Jore said that although the caw had been running for three years the council had not had (lie OVdor-in-Oouncil dclegiiled to ir. The onlv one it held lesallv was that of Duncdin it?flf. The St. Kilda and-] Xorth-Kasi A'alley Orders- ; n-Couneil had notbeen delegated to it. and it was running the ears in those, boroughs illegally. Thottv boroughs, then, had no power lo take action? Kithcr of those boroughs could late the rails up to-morrow if ilti'.v su thought fir. Beyond that, taking the question on its merits. the.;e men had only allernato Sundays lo themselves. If they could-not gel one holiday in tho year, men would not belong io tho rrtimwny service if they could get anv oilier work. In IGOS I ho council agreed to slop the trams on Christina* Day- >)ul '>>e decision was . reversal. He would like, however, to .stiy Iliis: There was a deal of difference between Christina*; Day and Good l-'riday. Christmas Day. a= a rule, was field bv thousands in Dunedin a? a day of rejoicing. f!ood Friday was held by a very large sect ion of the community, as a most sacred day, even more sacred than a Sunday, and ihoy did siot wani to go pleasnve-feeking. Ho considered thai io give tho omplovccs one day in ilie year, and thai day Good Friday, would lie lfss inconvenience to the community tha'i if iliey were to get any other day. The daily papers were a. grcaier luxury ihan Iho tra-ms. and yo.t the newspaper employees got their holidays dunn , * the ye?r. and no paper wa.i published. He would support Iho decision the council had already come to. ft might be ilicy would Im liable to po.nalliee. but he did iiiit thinl; any individual would Live tho hardihood to go into cour* and ask for an ini'.inclion. Cr Arklfi said the holiday was granted out of sympathy with a hard-working, honest, and re-pcci-able body of men. At the same time they had i.he opin:on of "h'-'ir legal adviser, by which they must be

guide*), Ho would have liked to sco the men get tho holitlay, but it was not, tho duty of tho council to do a totally illegal action. Cγ Whito agreed with the remarks of tho last speaker. > Cγ Cole said the Ordprs-in-Couneil wore broken every day in tho week. For ono thing, they wero often overcrowded, Tito men could have the holiday, anil not. a word would be said about it by anyone. Cr Connor paid that evidently the Arbitration Court know of tho Order-in-Oouncil when it dealt with this matter, because it £aid iTiat the men shotdd be. paid double pay for working on Gcod Fridtiy. Tho council would not ho doing its' duty to I the public if it stopped tho cars on Good Friday. Tho men got ihoir holidays when they wanted them. He would move that Iho clause in tho tramways report granting the holiday be struck out. Cr Colo: I presume'that you cannot take that motion without notice. Tho Mayor said he would accept the motion. . The council could reverse its decision, and (hero was a-majority of the members present. Cr Scott, was astonished at the remarks of Cr Connor about the Arbitration Court. ' Tt. .was well known that the Arbitration t Court, \n fixing double time, for these holi- j days, intended to put a stop to employers working their hands on those days. It'was rightly in every award. When ihe resolution was passed everybody knew that, it to granted against the (irder-iu-Coiincii. Whenever a holiday had been granted it had been against the Ordcr-in-Coiineil, but ; no ratepayer or elector had boen mean enough to taico action against the council, and ho did not beliovn that anyone would on this ccehsion. Ho had every respect for the solicitor's opinion .and for the law, but. the law had not been strictly uphold. He' eould point lo two or three cases wluiro Orders-in-Conncil had been purposely and deliberately varied, and no fault hud been found, because, it had been for the hc-nefit, of the tramway.? I hat it should bo done. Cr Small seconded the motion, in order to jrivt> councillors sin opportunity of spcajcill|?. ' Or'Fiddis said lio'had. been of opinion that the motion would not get a- seconder. Preparations had been mado by ihe men for tho picnic, and it. would bo cruel to them to deny them the holiday now. Aβ for the law, it was broken every dov. He hoped councillors' would stick to their guns, and give the men the holiday. Or Wikon supported the motion. . Ho said it was waste of money for every >faynr lo get legal advice on tho mailer. They had (ho samo advice in Mr Uraithrwoite's lime. If a. reduced service could bo run he would like to sen that, so that eotno could get a. holiday, though he understood from tho manager that that was hardly possible; otherwise, it should be mado up to flic men in every possible way; Or London eaid that lie voted at the last meeting of the council that (lie- men should have a holiday, and personally ho was of tho opinion that, if any day of tho year should" bo held sacred it was Good Friday, when bll work should cease as far as possible. Ho wa3 afao of the opinion that, tho inconvenience to the puhlio spoken of was much exaggerated. In any caee, the whole of the fads were, before Hie council sit its last.tneeting, when the members, with tho exception of one, were unanimous. He had then voted for tho holiday, and could not. sen his way to veverso that vote. Cr Walker said ho voted at the last meeting for (he holiday, and ho saw uo reason now. to change his . vote. Good Friday' was a- day when there wae very little traffic, and if there was nny day ■when the employees could get off with littlo inconvenience, it was on that day. ' Tho Mayor, in reply to Cr Wilson, said the solicitor had never until now given an opinion in wriling. Tho holiday", it appeared, could not be granted without the consent of tho local authority". Ho sympathised with the men. and would give them'a holiday if he could; but, after all, they wcro only as a- droo in the bu'eket as compared with tho whole community, who had to be considered. In addition, it would bo an illegal act. Cr Gore said be took it that when tho council passed the resolution Ilio local authority gave its consent. Tho Mayor said ho referred to thn outsido local authorities—Xorth-East Valley, for instance. . Cr Goro 6aid tho trams were running; to North-East Valley, but the council had no nouor to run them there.. 'North-East Valley had not, delegated to . tho City Council its powers under the Order-im Council. Why there had ten all (his delay was beyond his apprehension. Tho cars were running to St. Hilda and Anderson's Bay in the same way. They could not go to Anderson's Bav without running through St. KiWa. Therefore, Dunedin was tho only legal authority that was interested, and Duycdin gave its consent when it consented to the holiday. He sympathised with those who wished to see the tramways running on Good Friday. At ■ the sanio time, he thought if these people would show a little forbearance when they j knew that these mon had only one day in j the year' to, .themselves, "with the exception of evory other Sunday, they might gracefully practise a modicum of self-denial, and allow the men to have it, It wa« not tho '■ mon alono who would bo affected. These men's wives and families and Rwecthearla had to bo considered, and bo believed that 500 people would Iμ disappointed if tho ■holiday was not granted, Tho motion was lost, the voting bring: For the motion—Cra Arkle, Connor, Wilson, Small, and White; 'against—Crs Gore, Loudon,' Wnlker, Cole) Fiddis, Scott, and Briiislcy. PROTEST BY THE BAY TOWN BOAED. At a special mooting of the Bay Town Board last evening;, called to consider tho proposal of the City Council' not, to run tho tram cars on. Good Friday, a motion was passed as follows—" That 'it be pointed out to the City Council tho great inconvenience that would Ik ca-nssil to tho peoplo of tho Anderson's Hay district by not running tl'.e ears, and to remind it that, tho Peninsula Road Board and tho Buy Town Board liavo granted to the council a practical monopoly of the passenger 1 radio of tho district, and that in consequence of this the proposed notion of tho council would have the effect of practically isolating this district on a day for which many pcoplo have Jnade arrangements depending on tho trams; (hat this monopoly was granted subject to certain conditions l,rd down by the Order-in-tJouncil, one of whir-h was that the ears shall bo run on every day in the- year, with Ilio exception ot Sunday, at tbe'eption of tho local authority; that (he council l.e asked lo stato whether,' in the event, of the cars nol being run, it will reimburse the board for providing for Ihn i.eoMsilies of tho district by means of drags."