CLUTHA COUNTY COUNCIL.

Otago Witness, Issue 2266, 5 August 1897, Page 8

CLUTHA COUNTY COUNCIL.

The above council met at Clintoa on Friday afternoon ; present — Messrs D. Robertson (chairman), Hay, Bradfleld, Mitchell, M'Neil, Cumming, Wallace, Johnston, and M'Lachlan. A CASE FOR CHARITABLE AID. Seventeen ratepayers at Artburton urged the claims of a widow and two children in that district for charitable aid. This case had recently, been struck off the charitable aid list. — Cr Cumming said thi* was a most necessitous case. The woman had three girls at service, and they paid the interest on a mortgage that existed over her property, but off the land the woman ctiuld not make a living. He moved — " That the council recommend an allowance of 6a a week." — This was seconded by the Chairman, and carried, and it was agreed that a petition be forwarded to the Charitable Aid Board. — A similar recommendation was made with regard to a man at Romahapa, on the motion of Crs Hay and Bhadfield CORRESPONDENCE. The Secretary to the Treasury, Wellington, wrote asking for a sealed copy of special order merging the Clinton R»d Board into the county. — The clerk was instructed to supply what is required. The Clerk Otamatea County Council forwarded copy of pstition for signature urging that the funds required for charitable aid be made a charge ou the consolidated revenue. — Consideration was deferred till next meeting. Mr D. Stewart, solicitor, wrote stating that j the magistrate had given judgment for plaintiff ' in the recent action in connection with licensing i election expenses. Mr Stewart wrote further stating that an appeal might be successful, but as the amount at issue was so small and tho resistance so far offered might be instrumental in stimulating the authorities to amend the law, he thought it hardly worth while going further with the oase. — A copy of the judgment of Mr Hawkins was also laid upon the fcible. — On the motion of Crs Hay and Johnston the accounts in connection were ordered to be paid. — It was further proposed by Cr M'Lachlan, and seconded by the Chairman — " This council is of opinion that the magistrate's sarcastic rebuke in altogether uncalled for, and lo?es its weight in the fact that he in a measure based his decision upon section 10 of the act; of 1893, which has been repealed by the act of 1895 ; and that this council communicate with the Minister for > Justice pointing out the law as at present is j wrong in principle, irritating in its incidence, and manifestly unfair to local bodies, which were ■ compelled to contribute towards the expenses of the returning officer without having any control in his appointment." — In the course of the discussion the Chairman expressed the j opinion that the magistrate's decision was not according to law or reason. — The motion was carried. The Clerk of the Clutha Licensing Committee forwarded vouchers in connection with the recent annual meeting of licensing committee — total amount, £15 13s. — The accounts were ordered to be paid. Twenty-three ratepayers at Pomahaka and Clydevale wrole jointly urging upon the council the necessity of rebuilding the old Clydevale upper bridge. — Cr Wallace said the great bulk of the petitioners would not use the bridge at all, and a great number of them signed a petition for a contrary matter altogether. The names were not attested, and further, the petition was not in accordance with the Counties Acb, and he moved — "That it be not received." — Cr Mitchell pointed out that the council had already received two petitions without the names being attested. The matter had now been standing over a long time. — Cr M'Lachlan thought they should support Cr Wallace's motion. Everything should be in order, and it would only mean a delay of a month. — Cr M'Neil quoted from the act to show that Cr | Wallace's contention was altogether wrong. — Cr Mitchell proposed that tho petition be received and forwarded to the Minister for Lands, with the recommendation that a bridge be j erected there, and asking him to allow the j £500 already voted to be spent on the bridge. — ' | Cr M'Lachlan seconded Mr Wallace's motion, I and Or Bradfield seconded the amendment, ! which was carried. Mr Wm, Miller, Popotunoa, wrote drawing attention to the almost impassable state of toad j to hia property from Popotunoa homestead. — j Referred to Ihe engineer. The New Zealand Drug Company, Dunedin, wrote stating that they could make up poisoned grain to any strength required, but that the usual mixture was 2£oz strychnine to the bushel of grain. — Received. ! Mr Robert Meikle, Waitepeka, wrote statiDg that he hacT not purchased land from Mr Telford to make a road to his place, as stated by the engineer. He made certain proposals with reference to the matter, but since then had received no further word on the. subject. He wished the council to do something definitely ali once. — Referred to the engineer. Mr John Campbell, Oivaka, wrote declining the council's offer of £10 for land proposed to be taken from him for road purposes. He wanted £60. The letter was received, and it was resolved that the land be taken under the Public Works Act. * Messrs William Ottoway and F. Quail, Port Molyneux, wrote asking permission to build a smoke house at the boat landing, near Mrs Mackinlay's, Nugget Bay. — The council decided to offer no objection. Mr Robert Erskine, Nugget Bay, wrote applying for small piece of beach land at Nugget Bay, near the fishing camp. — The council decided to offer no objections. The Secretary Otago Land Board wrote advising that sections 5 and 10, block [IK,

! Waipahi Towd, had been withdrawn from gate, being required for road purposes. — Received. Several ratepayers at Kaka Point wrote asking that a culvert be put across the road at boating shed. — The engineer was directed to attend to the matter. *■ Mr Joseph Hewson, Catling, asked the council to make ft road to his property.— Cr Bradfield said if application was made to the chief surveyor it would be attended to. — The letter was referred to the Land Board. Mr G. W. Draper, Ratanui, wrote objecting to Mr Allen felling timber, across the toad line, and alio to the fame party allowing his cattle to wander on the road. He also complained that Mr Allen's gate was not in accordance with the Public Works Acfc, and he asked that a dead cow of Mr Allen's be removed from the road. He further applied that some rock be removed from the Bluff on the toad line, and also, on behalf of the Cemetery Trustees, asked that scrub be removed from Cemetery road. — It was decided to oommunio»tfl with Mr Allen respecting the gate, and the other matters were referred to the engineer. Mr R. S. Scadden, Owaka, wrote complaining of the road to his property. — The engineer was instructed to aend a surfaceman to the load for a day or two. Mr R. Grigor, surveyor, forwarded-plan of a certain deviation proponed in ft road line in connection with the N.Z. and A. Land Company's and Messrs Miller's and Black's properties. — The council agreed to offer no objections provided no expeasea were entailed to it. THE COUNTY HEADQUARTERS. Cr Johnston formally submitted the motion of which he had given notice respecting the removal of the county headquarters to Balclutha. Cr M'Lachlan raised a point or order. The motion was on the face of it unworkable and untenable. Ho wished the chairman to rule whether the motion was in order. The Chairman said the motion did not read very well — it was peculiarly worded. Cr Hat : That's only a quibble. I'll second the motion. Cr M'Neil asked what was wrong with the motion. The Chairman : If the motion is paised wa can't do any more business here. Cr M'Lachlan said the motion was unworkable. Ib was absurd on the face of it. The motion should be very carefully worded, and everything should be done in order. It was contrary to the standing orders. Cr M'Neil moved that the standing orders bo suspended, if nececssry. Cr Bbadfield seconded this. Thss was agreed to, and Cr Johnston's motion was then taken. The Chairman : Docs anyon* wish to speak to the motiou ? Cr M'Neil : Oh, we have all said enough about it. Cr M'Lachlan said the saving the council at present made through the meetings being held at Clinton was £63 3i. This was effected through the rent of the premises at Balclutha more thau recouping the rent at Clinton. Travelling expenses were also saved. The runnicg of the trains was soon to be altered, and that would give more time for the meeting!. Cr Johnston had nob aoted ia a manly way ia this matter. The council had no right, to remove the county offices on Cr Johnston's vote. It came to this, that he did nob represent his ratepayers. There was no tangible reason for going back to Balclutha. Cr Wallace was perfectly astonished at Cr Johnaton proposing this motion, for he was a strong supporter of coming to Clinton. Cr Johnston had acted very strangely in this matter, for he had agreed to support a motion for the sale of the county offices at Balclutha and for the erection of new offices at Clinton, and when the motion came on Cr Johnston objected to it on the ground that they were to have a new Lcc&l Bodies Act. Next time he retired when the vote came on, and would nob vote. If any petition had been received it should have come from three-fifths of the county ratepayers. He quoted Cr Johuston's election notice saying he was iv favour of holding tho meetings at Balolatha, and yet _he would not vote when he got the opportunity. All the objects they had in view in coming to Clinton had. been attained, and he saw no reason for «oing back to Bnlclutbft. Cr Cumming iutimated th»t he also objected to the sale of the county buildings in Balolutha, and if any odium wai to be cast on Cr Johnston he nhould also bear a share of it. Cr Johnston made a vigorous and somewhat heated reply. In spite of what Crs Wallace and M'Lachlan had said he claimed to have done his duty in this matter. i The motion was put somewhat hurriedly, the train being in and time about up, and carried by 5 votes to *. Ayes: Crs Hay, Mitchell, Bradfield, M'N.eil, and Johnston. Against : Crs Robertson, ■ Wallace, Cumming, and M'Lachlan. At this 1 stage several councillors ruthed off to catch the I train, and the meeting adjourned, there being no quorum left. A considerable amount of business was left over. #

At Invercsrgill on the night of the 27th Anniß O'ShanuaS3ey went to the house of a middle-aged woman, Ellen Swanson, and a free fight ensued. The former sustained a- severe wound over the lefo eye and several deep gashes on the arms, said to have been caused by broken crockeryware, which was freely exchanged between them. O'Shannactsey lost a large quantity of blood, and was removed to the hospital, where she is now under treatment. The wounds though serious, are nob dangerous. Swanson was charged at the Police Court on Wednesday, and remandsd till Saturday.

there was ' Competition, the New Zealand Shipping Company having replied to the reduction of freights by "going one better." The onus o proof in "this case was on the plaintiff 3. They were attempting to vary the terms of a written aocument—the bill of lading expressly providing that 5 per ctnt. primage was to be charged — -.and the court would in such a case hesitate to prefer ■"Mr-Jones's evidence, because he could not remember the arrangements made as to other shipments, and it seemed likely that he had mixed up the agreement made with agreements as to other shipments. The case resolved itself into b, conflict of evidence, and the onus laid on the laintiffs. =

p George .S. Munro, examined by Mr Sim, said that be looked after the shipping "business for Stanley and Co. Hib first shipments for plaintiffs were about June of last year, wool_ and rabbitskins. Witness issued 'a through bill of lading, -and the goods were sent via Sydney. Mr Jones aßked witness to rebate th« primage, the same as the shipping companies, and witness said he could not do so. He was charging a considerably lower rate than the shipping companies. In regard to that shipment primage was charged and not rebated. The arrangement for shipping-per the Peru was made in December. In that month was looked upon as the current rate. Witness arranged to take 700 bales of wool in iflie Peru at |d and primage. Mr Jones asked if he would rebate the primage, and witness said he would not, that he could not afford to do it out of the rates that Stanley and 00. were charging. Subsequently, about the end of January, Mr Jones said to -witness at a wool sale that he ■wanted -space for another 500 bales by the Peru, and witness replied, "Very well, you shall have it." That was 'all the conversation. At a later date witness agreed to take 350 bales by the "Vigil. The position had then altered, and witness.at Mr Jones's request, agreea to Teb-tte the primage. Witness was not sure that Mr Jones and himself had any discussion about primage on the shipment by the Laixa, -and he did not know until coming to court to-day that plaintiffs intended making a claim about it. The New Zealand Shipping Company had annpunced their rates .at the Bluff and other places where th»y did not think Stanley and Co. ivonld have the courage to go as id ; but when Stanley and 00. sent the Laira to the Bluff the Shipping Company came down ana went one better, as it were, by offering rebate. Witness met Mr Kirk at Invercargill, and Mr Kirk asked if the rebate would not be allowed, sinoe the jcompauy were allowing it, and when witness refused he -thought that was the end of the matter. He did not know there was an absolute custom to rebate primage He had had it refused "by the slapping company because they yrere not friendly disposed towards him. It was optional £o rebate, and not an absolute custom so far as he knew.

To Mr Gallaway : The refusal by the New Zealand Shipping Company was not to "witness personally, so he Could not say whether it was Mr Hooper or Captain Boyd or Mr Thomsoa who gave the refusal. He (witness) had not given rebate excepting when it was part of the arrangement. He would admit that to those who had guaranteed wool fiSe or fcix months ahead he had made a concession by reducing freights to fivesixteenths, and he remembered on one occasion giving a man a £10 bonus in order to secure a freight that he particularly wanted. His Worship Bftid he thought it incumbent upon plaintiffs to make out a very strong cafe. Here Mr Jones swore in one direction ana Mr Munro in another, and Mr CJallaway here observed that he would take Si nonsuit, and ' - _ Piaintiff -was nonsuited accordingly, with £2, 2s professional costs in favour of the defendant.