BURWOOD BRIDGE

Star (Christchurch), Issue 20000, 16 July 1920, Page 7

BURWOOD BRIDGE

• — : — COMMISSION OF INQUIRY. Air S. E. M'Carthy, S.M., to-day resumed an inquiry uuo mo necessity ior constructing a, onogc over mo Avon op.Francis bucec, Burwoou, and uio rcspunsioiuty lor tne cost. Mr F. Vviluiiig. ,iv.G., appeared ior the heath- , cote county Council ''(wliie.fi asKed lor tne inquiry;, Air J. Bengali for the Niaimairi Bounty Bouucil, Mr A. B. Fryer tor the Buy Bouucil (which the Weatlicotc Bounty Omincil asked should bo joined in respect to responsibility) and Mr 11. B. J. Goodman watched the proceedings for the blurley Extension Syndicate (wlncli will cut up laud near tlio southern end of tho bridge, and whieti ottered to pay £590 towards tho cost) Mr Dougall called further evidence on bcfiall of tho Waimairi Countv Council. Lames 11. Slmrpo (engineer to tho 'Waimairi County Council; said that the bridge now would cost from 75 to 100 per cent more than it would have cost in 1917, -when the Hcathcoto County arranged with the syndicate to erect it. To Mr Wilding: The Waimairi Bounty’s boundary was at tho northern end of the bridge. Tlio Waimairi County Council was not consulted wticu Uio Hcathcoto County Council undertook to erect the bridge. / To tho Magistrate: There was no general desire for the bridge on the part of AVaimairi residents. lo Air Fryer: He did not think that the bridge would he any benefit to residents of Christchurch. Albert Frcempn (land valuer) said that the population near the site of tho bridge was very scanty. On the south side of the river there was onlv one house. A good deal of tho land‘'there was below the level of the proposed road that would lead to the bridge. Ho would not like to live there. Part of the land was too low-lying to risk using for crops, on account of flooding It was more adapted for close dairying The bridge would double the value of the syndicate's land near the bridge, -le could not see how the bridge would increase the value of land in Burwood, on tlie \\ aunairi side of the-river, but undoubtedly it would be used bv some unmiairi residents. ~T ' J -Mr Wilding: Ho estimated that Uio syndicate’s land near the bridge considered as a block, before the bridge «as talked ot was worth about £7O an ncie, and that il the bridge was erected it would be worth about £l5O an acre. George Thomas Marriott, dairv farmo,i, said that ho had lived in Burwood, about a mile from the site of tho briuge, for about thirty-three years. Gnly about two residents in tho district were 111 lavour of tho bridge; all tho others were opposed to it. It would be utterly useless to them. 1 "j lll . 1 '. o ''. '-* 0 ' 11 ! Walter, farmer. Marshand W annum County, and a'member o tho Waimairi County Boitncil, said tli.it at one time lie was chairman of .Vv "IT , l ° ad , j oi i n! - Jt was tl>o policj ol the board, when hind was cut up, and a bridge was erected, that those "ho benefited should pav for it. Atm proposed bridge would benefit tho sviu dicato, but nobody else. The Waimairi Bounty Bouucil unanimously was onposed to the bridge. * 1 Spencer (chairman of tho AVaimairi County Council) said that ratepayers in tho Styx Riding, in which tho bridge would be erected, would not benefit by it. The riding mas the hugest m the county, and ratepayers in it strongly objected to paying for the bridge. Joseph L. Stinnear. a resident of part of the. Avonside Riding of the Heathcote County taken into the city, said that residents had no means of areerlaining that the Hcathcoto’Countv Council contemplated erecting the bridgo.' whicli was not necessary to the ratepayers. Air AVilding, submitted iGat the warrant sanctioning the: construction of the bridge by tlio lloathcote County Council, in accordance with a previous inquiry, by Air T. A. B. Bailey, S.AI., was final and conclusive, and that tlio AVaimairi County Council could not challenge tho Hoathcote County Council’s right to erect the bridge and recover from tho AVaimairi c Countv Council-one-third of tlio cost. Tlio solo object of the present inquiry was whether it was just for the City Council to contribute to tho cost some of the money chargeable to tho 'Avonside riding, part of which, since the arrangement to erect the bridge was made, had been taken into the city. The Hcathcoto County Council’s claims were based on legal rights against Iho Waimairi County Council and the City Council. It was within the Commissioner's, province to go into the whole question do novo, and to huso his conclusions on principles-of justice and equity, and then say whether, 1:1 tho circumstances, it was right that the City Council should contribute tho proportion of tlio cost that devolved on tho' part of tho Avonside riding taken from Lhe Heathcoto County into the city. As a matter of justice and fair play, there was a strong moral obligation on the City Council. Honourable dealings should bo observed by public bodies, which should not shirk liabilities that private individuals would consider binding. If the whole burden of tho cost fell on tlio part ef the Avonside riding that aad remained loyal to the county—it was the poorer part—there would be a double injustice. Mr Dougall, replying to Air AVilding’s legal points, said that the Commission was not. a. Court of Appeal 01 a judicial court in the sense that it could reverse the decisions of another Court, or even criticise them. Air Wilding’s remedy, if ho contended that the finding of tho previous Commission was final and conclusive, was quite claer; lie should have taken steps to restrain the present Commission from sitting. '-So far from doing that, lie /had actually acquiesced and accepted the present Commission, had taken part in the proceedings without protest, and had tried to include the evidence at tho previous Commission in tho present proceedings. It was not the Coiimiissioner’s duty to say whether hifl warrant was a judicial one or hot, but only to carry out the terms of the warrant and to report to the Alinistor in accordance with them. The present inquiry, he submitted, was open and absolutely free from tho finding of the previous inquiry. Tho Commissioner said that he would report Ins finding to the Min. istcr.