MR. DAVIDSON'S REPLY TO MR. PAUL'S LETTER.

Taranaki Herald, Volume XXXI, Issue 4464, 5 October 1883, Page 2

MR. DAVIDSON'S REPLY TO MR. PAUL'S LETTER.

TO THE EDITOR. Sir, —Allow me to correct a statement in Mr. Paul's letter which appeared in your Wednesday's issue, in reference to the Racecourse Reserve question so far as it has reference to myself. Mr. Paul has incorrectly quoted a resolution of mine, and has made it appear ridiculous. I will not say that he has designedly misquoted for a purpose, but it looks very much like it. He seems to wish to make it appear by his Incorrect quotation that my resolution was introduced and passed in connection with a letter from the Secretary of the Jockey Club, read to the Council asking for a 37 years' lease (exclusive of 5£ unexpired term), at £75 per annum rental, but not to pay rates ; he also seems to wish to make it appear that I object to the Eeserve being put to any other purpose than that of improving the streets of Town of New Plymouth. (I quote from his letter). This street improving, as he has been pleased to put it, is what I object to. If you will permit me, I will give the public the true state of the matter so far as I have had anything to do with the Jockey Club Secretary's communication of 4th January last, and how the resolution ■which I introduced came about. On the sth January last, the Borough Council met, and, among other matters considered, was first a cotimunication from the Minister of Lands stating certain trust clauses he wished to insert in a Crown grant about to be issued for the Reserve in question, and a resolution was passed as nearly as possible in the following words :—": —" That this Council declines to assent to the trust clause as proposed in the Minister of Land's letter to the Mayor, of the 28th December, being inserted in the grant for the Reserve known as the Racecourse, and would again respectfully draw the Minister's attention to clause 352 of "The Municipal Corporations' Act, 1876 ;" also, to clause 2 of "Town Board of New Plymouth Endowment Ordinance, 1871." There was a great deal said about this resolution, those favouring it being Councillors Bellringer, Sheppee, Cock, Davidson, Boswell, King, and the Mayor. —7 ; opposed to it was Councillor Callaghan, who moved an amendment which was objected to by Councillor Davidson as altering the tenor of the resolution, and the amendment, not being seconded, lapsed. I then proposed the resolution incorrectly quoted by Mr. Paul in his letter of Wednesday last, which was as follows : —"That this Council use every legitimate means in its power to prevent the diversion of the reserve now used as a racecourse from the purposes for which it was originally granted to the Superintendent of the Province, namely, the improvement of the Streets and Town of New Plymouth ; and that the Government be furnished with a copy of this resolution, with a request that the terms of the new grant be in keeping with the original grant." This resolution was also carried by seven votes to —one. In introducing the above resolution I said that the endowment undoubtedly belonged to the Council, and tint the Superintendant might only lease it for a term of 21 years' for racing purposes ; when that lease expired, which it would do in about five or six years, tho reserve was free, and could be dealt with as the Council directed. I felt satisfied the Government had no power or right to override the original grant. I had no desire to oppose the granting of a long lease to the Jockey Club, provided the other Clubs were protected. This does not seem like locking up the reserve or keeping it from being legitimately used by the public. Nearly the whole of the town's reserves have been taken from the town and set aside for educational purposes. The reserve in question was vested by Clause 2 of an Ordinance passed by the Provincial Council of Taranaki, called "The Town Board of Now Plymouth Endowment Ordinance, 1871,*' in the Superintendent ("except so much of it as has been dedicated to the public as streets and thoroughfares") upon trust, as an endowment to the Town of New Plymouth, for the purpose of improving the streets of the said town. By Clause 3 of the same Ordinanco it is made lawful for the Superintendent to let the said land for for any term not exceeding 21 years, on such conditions as may be agreed upon as to rent and improvements,, and as to the right of the public to use the said land at stated periods for cricketing and horse-racing. Clause 4 of the Act refers to fencing the streets, but the lessee is bound to throw open any street or thoroughfare as shall be required for the convenience of the public, within one week after receiving notice. Clause 5 provides that all rents arising from the said lands shall be paid to tho Treasurer of the Town Board, and shall be appropriated for the purposes aforesaid. I therefore hold that on the expiration of the present lease the Council have the right to deal with the reserve as may be directed by a majority of the Borough ratepayers. It will be seen by the above that my resolution cauld have nothing to do with the communication received from Mr. Paul, the Secretary of the Jockey Club, and could not bo considered by the Council (as insinuated by Mr. Paul) as an ans .ver thereto. The fact is he is anxious to get out of the fog, and ho first complains of the Council's discourtesy jn nqt answering his communication, and then seems but too willing to accept a resolution of mine which had no reference to the matter as being the answer intended to be given to a letter which was not read or considered, and which the Councillors —or certainly myself —had no knowledge of till it was read by the Town Clerk some time after the resolution in reply to a letter from the Minister of Lands was passed. In the discussion which followed the reading of Mr. Paul's letter, enclosing copy of resolution passed by the J, ockey Club, I took no part; and in corroboration of the above statement I refer your readers to the reports in the local press which appeared at the time. —l am, &c, J. Davidson.