TRACTION ENGINE TRAFFIC.

Timaru Herald, Volume LXXXIII, Issue 12928, 20 March 1906, Page 6

TRACTION ENGINE TRAFFIC.

BY-LAWS ABE ftY-LAWS,, ( 2BCT EXTENSIBLE Baft BJSSOJiWIi<ftS. The Stipendiary Magistrate, yesterday gave Ms decision -in- tie.: c&acfc Mas&en&ie (County Council t. He^Ty,-fieron (an employee of Messrs Wigley and Thornley), and in\ which, "weie heard jla-st -week. j I' Mr Baymgmd, for the: Gsuafcy Council, jartdMy Kimjerney, :f »r defendant; were pte- |: i.The : i6llo.waigKis'ithb test <>.f the judgement :—. ! v?;-wi ; '-K .-■"-"•£. This is an infoHnatioa: tinder; jßyvlaii 'No. 6 of. the Maskenzift Coimtyj-i.bopn'cii>-ihrought by R. L. Banks, engineer of the aouaty, aganisfc' Hjenijs Heron, an enginft-drivwß in tXfe;emplby.« Messrs: Wigley and :Ihornleyl.i. The,.. de.fendanfc is chared with taking ah- engine which "weighed! more ithan Jive tons t sver the Tekapo. bsidge, ewntrary; to.; the provisions of By-law No. 6, clause 14 of which is as follows: "No person shall take an engine which weighs mdc* than five tons exclusive of , the weight of coals and water carried i thereon for- its propulsion . - . over the Tekapo bridge . . without .»he previous written permission of the county, clerk,which permission may be withdrawn at any time: provided that the'-county clerk'-may if he thinks fit when giving such permission stipulate-that, before : crossing ..• . prp-per.-planks.shall Jm provided; and laid -down by the person in charge of such engine

on such bridge, and impose such other • provisions as ho thinks fit; and such en- j gine shall not be taken on to or across i such .bridge except oa planks so laid down, j as aforesaid." i On the 6th November, Mr Wigley, one j of the proprietors of the engine in question, j attended a meeting of the. Council and .• asked for permission for his engine to cross j the Tekapo bridge. v After discussion, the \ matter was adjourned for consideration, j and on the 22nd November Messrs Wigley j and Thornley's application was further con-; sidered and discussed at some length, j Eventually it was proposed by Mr Guth- | rie, seconded by Mr Schlaepfer. and carried j unanimously :—" That the application of] Wigley and" Tkornley for permission to take ; a traction engine over the Tekapo bridge and back be granted on the following con- j ditions: (l! That no wool from stations j on the side of the Tekapo river be 1 tak?n beyond Fairlie railway station* by j road. (2) That the runholders interested j guarantee to furnish the sum of £IOO ] within sis months/ towards the cost of strengthening the bridge for traction engine traffic. (3) That the crossing over and back of the engine referred to across the bridge be done subject to such j conditions as the Council's engineer may j think necessaiy, and shall be done under the supervision of Mr Schlaepfer." It is apparent that the Council were satisfied that the Tekapo bridge could be safely crossed by the defendant's engine if proper precautions were taken under the superintendence, or to the satisfaction, of Mr Schlaepfer, one of the members wh» resides near the bridge; and gave -its permission subject to those precautions under that supervision; but added other conditions not necessarily connected with the safety of the bridge. The defendants took the engine across the Tekapo bridge on January 3rd, and it is admitted that all precautions were taken to the satisfaction of Mr Schlaepfer. The other conditions—Nos. 1, 2, and 3, above mentioned—were not complied with. Hence i these proceedings. As decided by me in Willett's case (quoted by Mr Raymond). I consider it quite reasonable that it should be left to the clerk and engineer, -who is the executive officer of the Council, to carry out such details as granting permission to crosA the bridges, stipulating what precautions should be taken, and performing such other administrative acts as may be necessary to protect the safety of the bridge, including the right oi forbidding the crossing, if unsafe.

In his evidence, Mr Ranks, the engineer, says that the Tekapo bridge was not designed for engine traffic, and it is unsuitable unless- precautions are taken, so that the Council must in each case be dependent on his advice, and it wouid be manifestly inconvenient if the Council &ad to be called together to eonsider each application as it arose.

In the present instance, however, the application was brought before the Council direct (instead of before thee clerk), and permission was given to Mx Wigley by the governing, body to take his engine across, subjecr. to the conditions* mentioned. There is nothing in the bv-kws to legalise the impoaition- of any conditions, other than such -as concerned the safetv and protection of the bridge -os its sta"bihty, and I think the Council has misconceived the natnre and scops of its powers in attempting to impose bv resolution -what could only be effected bv leai*. lation. ■ "

The crossing was effected to. tlie-.appn.-val of the Council's-- nominee, and the Co-i----cil s permission to cross was obtained, what I. may ternv unwarranted condition* alone were, disregarded, including the'submission to the clerk., -cat. must "i:ecc>milv have insisted on these conditio. Under these circumstances tl:-. de:"c!:ii;.ni oannot be convicted', mm punished. i;e..i W o* did not comply mffin. conditions bevrcd tSe- scope of the by>la<rr for the bre;«':"j! of which he is charged;. Tlia inforutaiii-n :■< dismissed, witliout cos?*. Mr Raymond desired, to make one «c mark on the Magistrates decisiou. 3e understood His Worsaip to say thar it vrws- that afl : precautions were taken." He wished to guard himself ;js counsel for, a public b"ody r -<md therefor? wis&ed to say that no-'Mrali admission .was ma***: by him or bV- hi* clients. Mr Schlaepfer was not present when the u=>ssinp was made. Mr Kinnerney: Mr ckihl-mpfer .sal 1 . ;!::ii lie v.-.is satisfied. ~!ffir Raymond: But -taj-do not "adu;it"" that. , His Worship: It is o*ly iv saeull matter. It -was at any rate admitted that Mr • SelHiiepier found no fiwlt with. it. He tmade- no objection. Mr Kinnerney: Mr w;s sea be&rehand. and told "\srfiat was goii'- ;o:he done, and expressed" IrhuWf sati^ie',: '.lie ifw-Jiie bridge im3iediately'"«afJ«; ':« Jcrassing'. and again -expressed bimseir ;-:m .«- ii-stl". ■""" Mr Raymond said ;.i\ iie wanrev was t.-i awili having it fliat lie ):-.i<\ |/*'adiisitted"-anything uf. the iciid.