DISPUTE OVER TRAMLINE.

Poverty Bay Herald, Volume LII, Issue 17088, 17 July 1926, Page 6

DISPUTE OVER TRAMLINE.

SAWMILLERS AT VARIANCE. MAGISTRATE RESERVES .TWinWENT. After a heating lasting into the fourth dav, the application of Oeorge Austin McDonald for an order under the Public Works Act permitting him lo use a tint!ic\ tramline through the property of Elza Helen Peddle, at Motuhora. was concluded before Mr. E. ('. l.evvey, S.M., in the Magistrate's Court this morning, di cision being reserved. A last-minute effort to bring about a settlement by the defendant offering lo construct- ;m alternative line proved abortive.

Mr. H. D. Chrisp appeared for the plaintiff, und Mr. L. T. Burnard for the defendant.

(living evidence for the defendant, Charles Edward Armstrong, civil engineer, and district engineer of the Public Works Department for 23 years,, stated that ho was in charge of the railway construction works from Gisborritf to Motuhora. He considered the road was a practical method of getting timbur from McDonald's mill to the station, and knew that other millers adopted this form of transport. From his past experience be. believed the Government would make a grant towards the cost of this road as it would give access to settlers, and functioned with the main highway. Ho had gone carefully into figures uiid found thai it would he considerably cheaper to take the timber out by motor-lorries —of which plenty were available—than by rail. lie had inspected the present line and the alternative routes. The line was not in good condition, and the trestles were "pretty poor." Ho considered that, the use of the existing line would interfere seriously with the defendant's operations. lie considered that the proposed one chain, radius curve, leading on to the*.bridge, was quite feasible*, and no worse than another curve on the line. Witness had prepared the nllornutivd tramline route, and considered it would be entirely satisfactory. His estimate of the cost of the line showed that it would not be excessive and comparatively little more I ban. the cost of repairing and diverting the existing line, In addition

p heavier royally would have to tie paid to Mr. Peddle, whose, own operations would be interfered with, than to a, sheepfarmer who would, not be seriaffected by the lino.

To -Mr. Clirisp, the witness said bis statements regarding the road would hi? based on the assumption that metal was available, Some lime, of course, would l>e taken in building the road, particularly if Vet weather was experienced,

Mr. Clirisp: Does it take long to gel a grant through?—Sometimes.

A! case of this year, next year, some time, never? —It might take some time. The witness added that if plaintiff wanted to get on frith the road he would have to finance the work himself. and chattce getting a grant afterwards. He considered it would be cosily and unwise to build a. line along the road. His figure regarding the cost- of limber for the line bad boon supplied by Peddle.

The plaintiff, re-called, stated that he had already transported over 2,000.000 ft. of timber over the line, and had never caused any damage. At the same time he had been felling timber over the line, and had never caused any inconvenience. He had already spent £I2OO on timber trucks, and with I his plant would not be on the defendant's property for more than an hour a da v. He was sending out 2O0;00O ft. of timber a month without difficulty, and in

March Imd sent out 2§0,C00 ft. Without the tram-line he could not have sent out a single stick. 'to Mr. Burnnrd, the witness said lie was bringing an action against the defendant fin damages amounting to some .thousands of pounds. He did not think the present action unreasonable in view of this, as it was entirely due to I'eddle's altitude. Counsel addressed the Court til some length, and an oiler was submitted by tliQ defence to construct a line over an alterative route at a cost of £3 a chain. After an adjournment to consider this proposal it was intimated that the engineers for the respective parties could not agree as to the specifications. The Magistrate, in reserving his decision, intimated that lie hoped to' be aide to give it- by Wednesday,