BOROUGH COUNCIL.

Poverty Bay Independent, Volume I, Issue 47, 10 September 1885, Page 2

BOROUGH COUNCIL.

j HE ordinary fortnightly meeting of the Borough Council took place on Tuesday evening. Present: His Worship the Mayor (C. A. DeLautour, Esq.) in the chair, and Councillors Townley, Lewis, Kenny, Joyce, Wilson, Hepburn. Stevenson, and Smith. - he minutes of the previous meeting having been read and passed, the following correspondence was considered: The Recreation Reserve. A communication from the Gisborne Cricket Club, asking permission to use the Recreation Ground for play. Cr Lewis could not see how the Council could grant the request, as the Poverty Bay Cricket Club held a five years' lease of the ground, and that time had not yet expired. Cr Joyce was not aware that the recreation reserve could be leased. Cr Townley having stated that there was no lease, it was resolved to reply that the Council had no objection. Tcranganw Bridge Securities. Mr Tucker, one of the securities in the Turanganui Bridge contract, wrote ask. ng the Board to accept Mr G. Mattliewson in his stead

Cr Joyce was of opinion that as the contract was nearly finished, and things were somewhat complicated, it was not worth the Board’s while to go to the trouble of changing securities. Cr Townley moved that the request be granted. All knew the object of the application, and they should not throw any obstacles in the way. Cr Kenny, in seconding Cr Townley’s motion, thought the application should be granted, witn the two provisos, one that the other joint security (Mr Adair; agreed, and the other that Captain 1 ucker should bear all the expense of a fresh deed.

Cr Smith would like to know whether Captain Tucker’s nomination was legal. He had heard the question pretty freely discussed outside, and had no doubt but what the question would be raised by the defeated candidates. The Act said—

The Chairman did not think the matter concerned the Council. The question before them was Captain Pucker’s request, and they were not to discuss the legal bearings cf the nomination.

Cr Smith did not pretend to solve all legal difficulties of the day, but thought that the question as to the legality of the nomination ought to be discussed. 1 r Lewis cuuid see no objection to granting the request providing the other security agreed, and the expense was borne by the applicant. The motion was then carried. Engineer's Report.

The Engineer’s report was then read as follows :—

'turanganui Bridge. — The Public Worka Committee inspected this bridge on Saturday last, and Will no doubt report upon it. The work was finished yesterday, tiie 7th inst. According to specification the work has to be maintained by the contractor for another month before the final payment is made, therefore strictly speaking, as the contractors have already received more than 75 per cent, of the contract money, no payment is due to them for a month. The specification imposes a penalty of £5 per day for overtime. It also provides that in case of additions a reasonable extra time is to be allowed, as fixed by the Engineer. The alterations rendered necessary by the yielding of the abutments, delayed the job for a month. I think an extension of a month, on this account, is reasonable, which, together with the exiension already granted by the Council, will make too months. Now the original date for completion was May 2. The two months extension would bring it to July 2, and the work was finished on September 7, or more than two months behind time, rconsider that the contractors are to blame for this delay :—(1) Because they did not begin the work so promptly as they might have done, and (2) they wasted time unnecessarily in doing the earthwork and metalling. I therefore think the Council would bejustified in inflicting a penalty, though probably m determining the amount, they would take into consideration the very bad weather which prevailed after the middle of June. The amount still unpaid is /.407 15 s 7fi> made up thus : Balance of original contract, 5s 7d ; extra bolts, los ; anchors, /19 os id ; £197 lOS.

Cr Joyce would move that no penalty be inflicted on rite contractors, as the delay had been occasioned through no fault of theirs. The delay rested with the Engineer, and was his fault alone Under the circumstances it would be a great hardship, and most unfair to impose any penalty upon the contractors. Cr Wilson, in seconding the motion, also considered that the contractors were not in any way to blame for the delav.

Cr Townley said the Committee had made no report as to the bridge, on account of the matter having been left entirely to the Engineer to report upon. I'he Committee had found the painting to be very faulty, and some bolts were not long enough. He certainly thought that the Engineer’s report would have dealt With the matter. The Committee made no objection to the passing of lhe bridge as the Engineer said it was allrigiit. The bridge had been swung but not by two men, as it was found very difficult to work. As far as he (the speaker) was aware the work was all right. He had been assured by several persons and the engineer that the ironwork, bolts, plates, &c., were not alone full up to the specified weight and thickness, but were actually over. If these things were correct, and he had been assured they were, the Council should pass the report. l he Chairman thought it would be rather premature to decide about the petwlty at once. He suggested that the

matter be held over for a month until the bridge was fully taken over by the Council.. He thought this should be done for the sake of the Council who had, in the face of present things, to be somewhat careful.

Cr Joyce having stated that he was most happy to fall in with the Chairman’s views, the matter was adjourned for a month.

In answer to Cr Joyce’s question as to whether it would not be advisable to test the bridge with the specified test of 60 tuns.—The Engineer said perhaps it would be a good thing to do so, but it would cause expense. Copies of letters from Messrs Ward and Cresswell, to the contractors demanding payment of a balance of fy(> ios. due to the sub-contractor and also /'2OO damages for loss of time by being prevented from going on with the work, and stating that the bridge would be held by McDeavitt until the claims were paid, were read.

Cr Townley did not see what the Council had to do with the claim, as it was a matter entirely between the contractors and the sub-contractor. The bridge was still in possession of Mr McDeavitt, who had locked it up.

Cr Kenny considered McDeavitt a trespasser who could be turned off at any time. The Chairman thought the Conncil would certainly demand the full /"j per day penalty during the whole time the bridge was kept locked up. It was finally agreed to refer the letters to the securities. Watering the Streets. Cr Townley read an offer from the Gas Company offering to supply the Borough with water for watering the streets to be delivered at the corner of Palmerston and Grey streets, at 4tl. per load of 200 .allons, the Council to pro vide tankage. He thought the offer was the simplest and cheapest plan yet proposed, and could be tried in a weeks time. He thought the offer should be considered. Cr Lewis said one cart would be found next to useless, and they would certainly want two or three at the least. The thing bad been tried before and it was found that before the cart had got to the other end of the road the first part was as dry and dusty as ever. He thought that before deciding the Public Works Committee should see what number of cartsand how much water would be required. Cr Townley wished to say that the last attempt failed mainly because it took too long to pump the water up. hey might try one cart first, as he thought even one would do much good by putting 10 or 12 loads a day on the roads.

Cr Smith moved that the offer be accepted, as it was a step in the right direction, and should be tried. It was necessary to do something, as the dust was not alone an intolerable nuisance, but caused great loss to storekeepers in the main road. Cr Kenny having seconded, the motion was carried. The Division of the Borough into Wards. Cr Joyce having heard some discussion upon this subject outside, would like to hear an expression cf opinion from the Council. He thought that the Borough should be divided into four wards, each ward to return two members, and then the Mayor could be the odd man. At present the majority of the voting power laid all in one part of the town, but if the Borough was cut up into wards the representation would be far more fairly distributed.

The Chairman thought it purely a matter for the ratepayers. If one fourth of the ratepayers decided to cut up into wards there was nothing whatever to prevent it.

Cr Townley would like to know Cr Joyce’s object in bringing the subject forward. He was not aware of any dissatisfaction at the way lhe Borough funds were administered. The Council had always distributed the expenditure of money very evenly over the whole Borough, and as far as he could see it would be better to remain as they were. As the present Council was constituted, all parts of Borough was represented and he could not see that there would be anything gained by the proposed change.

Cr Kenny thought it would be a great misfortune to alter the existing arrangeiments. No doubt the time would arrive when it would be desirable to carry out such a change, but at present it was very undesirable.

Cr Joyce, in answer to Cr Townley’s remarks, said they reminded him of the constructions which were put upon his action re the gravel question, by a representative of a so-called journal. He (the speaker) had distinctly stated his object was to call for an expression of opinion.

Cr Smith certainly failed to see any necessity for the change. The present Council was a model one (Cr Joyce : “ Ah, what I ” laughter.) No one, as far as he knew had charged them with unfairness, and until some complaint was made, there was no necessity for any change. The only effect of the change would bp to create local jealousies. They should not discuss the question until some feeling of discontent was shown.

Cr Joyce said it was evident that Cr Smith had been some time absent and had not heard what had been going on lately. He (the speaker) had heard very strong expressions of outside opinion upon the subject. The proposed change would only be right as it would give all a fair representation. He looked upon this subject in the same light as Parliamentary representation

which was spread over, the whole colony, and in the same manner municipal representation should be . evenly spread over the Borough. As things were at present the whole weight laid in one direction and the representation was not fair. One section had the monopoly. Cr Lewis thought the Council should not criticise their own actions. If the Borough was split up into wards every member would do all he could to get as much as possible for his own ward and there would be great jealousy. If lhe people outside wished to split up into wards let them do it.

The Gravel Question. A communication was read from Mr A. Weston, Chairman of the Makaraka public meeting, as follows, and taken into consideration with Cr Joyce’s notice of motion on the same subject:— At a public meeting held at Makaraka Hall, the following resolution was passed : —“ That this meeting begs to call your attention to the necessity tor taking such steps as you may deem fit for protecting the public rights to the bed of the Waipoa river, and that you refer the matter to the Attorney-General for his opinion as to the public right to tne same.”

Cr Joyce said that at the time of giving his notice ot motion he was not aware of the public meeting, and he now wished to withdraw the motion tn favor of the letter, ’lhe subject had been pretty freely discussed and the facts both represented and misrepresented. When lhe subject last came before the Board certain members had expressed their opinion that the subject was a public question ot much importance to the Council, and the only object lor delaying the matter at the time was because it was before the RM. Court. It was also then said that providing the decision went against the defendants, that the Council would take so 1 e step m the matter. The meeting had been called at Makaraka by persons who were interested, and they, along with others, deemed it their duty to pass these resolutions, and forward them to die different local bodies. He might say that the last time trie matter was discussed there one of the local papers pooh-poohed and ridiculed the question very much, and defended their view of the case by resorting to the lowest of Bit ingsgate. He was not surprised at that considering the specimen of frailty tn human form that represented the journal, who was more to be pitied than blamed. Tiie question was one of great importance, no matter what a cert in public journal might say to the contrary, and no matter what limited amount of brains human nature might have given diem. A public paper should set forth the wants of the public. Instead of this it was the reverse with this special supplement which was called the Herald. This sort of tiling had arrived at such a pitch that it was high time that somebody spoke about it. An expert individual who represented the Herald iiad said that his statements did not

dovetail ” but he defied any man to say that he contradicted himself. The question was one of public importance. I he other day Cr Townley had spoken about a dray chained up to a post at Tologa for the want of roads, and this town would have been as badly off if it had not been for the river gravel. It was an important public question, and members should try and do their best to have the river defined so that every person could have access to it. The member for this district would no doubt do his best for the place, and he had much pleasure in proposing that the terms of the letter be agreed to. Cr Stevenson could not understand what Cr Joyce meant. Cr Joyce remarked that Cr Stevenson was about the same with this question as he was about the advertising and printing contract, when he could not tell which was cheapest.

Cr Smith wished to know whether the County Council had not disposed of the question.

Cr Joyce admited that they had, but he hoped that that Council would not dispose of the matter the same way. If the County Council were all to commit suicide that was no reason why the Borough should do the same.

Cr Townley thought that if they took the required step they would only be snubbed by the Government. If Cr Joyce could show how that Council could assist in securing the public rights no doubt the Council would gladly assist. But the referring the matter to the Attorney-General could do no good, and the Council had plenty to do to attend to its own affairs. But at the same time he was anxious that the public rights should be protected, and he thought the proper course would be to ask the County Council to join with that Council in taking proper steps to protect the public in this matter. 'The decision which had been given was to be regretted, and possibly it was wrong, but the Council should not mix itself up with the matter. Il was a question for the lawvers.

Cr Lewis would second Cr Joyce’s motion pro forma, but as the decision had not been appealed against he could nor see what grounds the Council had to interfere. Should the case be brought forward again, and the County CouueiT agree to act with them, he would be disposed to favor assisting the defendant in contesting the matter. Cr Kenny considered it would be 1 quite absurd to fall in with the request. At the present stage it would be no good moving in the matter, as they would only make a laughing stock of themselves fr,om one end of the colony to the other. The question was, whether the decision was or was not right. One case might have been quoted in a late goldmining dispute which would have had it great bearing upon the case, and

which proved that the owner of a freehold adjoining a river was entitled to the rights of the rl'v-r to the centre. 1 he question was purely one of law, and it was not for the Government, but for the Supreme Court to decide. Any pubic body could take gravel under the Public Works Act by giving reasonable compensation, lhe Attorney-General was only to give advice to the Government, and not to every one who chose to ask for it. To apply to the AttorneyGeneral would be both ridiculous and futile. lhe Chairman said that he had considerable experience in this sort of question, and had conducted King's case in Utago. Justice Johnson bad decided that owners of adjacent property to unnavigable streams and water courses had rights extending to the centre of the stream, and this decision had been upheld by two Appeal Courts. No doubt the decision ot Air Booth was to be regretted, and it was questionable whether the best class of evidence- had been given for the defence. The matter turned upon the point whether the river was a tidal one. If it was not then the decision was right. If the river was tidal one the difficulty could soon got over. At any rate he thought the best thing to do now was to ask the County Council to associate itself with the Boiough Council in order to get the river vested m the County. With this view he would move: “ lhat the County Council of Cook be written to, and informed that Council will join in urging the Government to take such steps as may be necessary to define the tidal boundaries of the Waipoa River, with the view of testing the limits betwe.n high and low water ma.k in the County Council, or any Riwr Board constituted for tiie preservation oi die Waipoa River. And that pend ng a reply from the County Council, this Council take an independent action.” It the County Council reluseu io move nt the mattei, then tiie Boron .1 Council cou d re-consider what otuer steps t was advisable to take. Cr Smith, in seconding tiie motion, ieitsu e that Cr Joyce was w. .1 aware that all o them were equ dly interested in protecting the public rights, but die Council had been asked to do what was really out of us power to do. Even if the matter was referred to tne Attor-ney-General, who was to go to the trouble of stating the whole facts of the case for an opinion ? The < hairman’s suggestion was an excellent one, and if the County Council refused to act with them, they could then see what other steps to take. ' r Joyce would readily agree with the Chairman's amendment, as he had brought the matter forward solely on public grounds and, not, as had been falsely stated by a representative of the local press, for private reasons. The matter had already .been belore the County Council, some members of which were supposed to be privately interested in the matter. He would ask the Chairman to add “ That a committee of His Worship the Mayo, and Councillors Smith, Lewis, and" himself wait upon the County Council at its next sitting in order to support the ' motion.”

This having been added the motion was carried unanimously.