AN OREPUKI ROAD.

Western Star, 24 May 1904, Page 3

AN OREPUKI ROAD.

k A> MUCH-DISCXFSSED r SUBJECT. 1 A roadline leading to | sections 39 and J 41, block 2, Longwood,- hassbeen under j discussion'by. the council for over two I years. It adjoins the claim of Evans j-Bros., and they are anxious to acquire ! the road in order to obtain the gold under- : neath it, promising torre-instate it after i the sluicing has been 'done. .." The .matter has. been before the court, aIL the councillors have visited the road at one time oranother by way of special committees, and, finally, it was decided to close the, road preparatory -to the commencement of. sluicing « operations. Now a third party came on the scene, invoking the intervention of, the Minister to prevent the

closing of the road, and at Friday's meeting a letter from the Department was read in reply to a communication.-from the council asking the Minister to recoil-; . sider his decision not to sanction the closing of the road, stating that, having" carefully considered the facts, he saw no reason why decisions.* ,v \-\ | 'M Ip &?<&> IThe Qhairman • said there" was also a letter from Evans Bros, in regard to. the road, and this was" read. • Evans Bros. w r rote stating that in the event of the Minister refusing to reconsider the matter, they again asked the council for permission to wash away the dangerous part of tlie road, and they would reconstruct the road on the same line "after they had taken the gold out if the coUncil'-required it. Wliilc sluicing the roadline they promised to keep a good road open to other claims and take all responsibility, and, as a,, guarantee, they would deposit L9O to ensure the carrying out of their promises. "They. pointed out that it was a common- thing for county 'councils to do. It had been frequently done in this district, and the council never dreamt of throwing obstacles in the way ■ of getting gold. It appeared to them the pbjectors wanted the;gold and not the road. The Southland' County Council had granted perinission to dredge part of a.road in their county. ,The council had legal power to grant consent. They had paid LIOO for. section , abutting ;on the road on the suggestion of "the council, ■that if they were to acquire the section the council would grant them the road. The council bid*done.,what was fair, bdt other influences had been at work", and if they could not work the road, ..they, would use the LIOO and be squeezed out. As long as the gold was there some one would attempt to get it. . Cr Cupples said it was for the member of the riding to leajl off and give his views. Cr Hirst : Thematter was taken out of my hands'by the coulfinl, and it is now for the codhciL to. direct, not the member for the The councirappoihted certain members to do certain 'things.'" It is for them not for me artl pnly an onlooker at the present-time. : %.. ' /: >. . CrKitig'jFive deputi'tiaps ijave visited tlierpsd. '-They have all reported exactly — that" this road- should be closed and done away with as far as the cqunoil is concerned because it ■■is useless. We have taken the .precaution to see y that the ratepayers agree to They have "agreed. Cr Hirst called the 'meeting; Cr Cupples and myself were 'present, arid by a. vote the'/road was closed,- and'now the. Minister says he" willt>not close it, arid that.-decision is really a:*slap, on the. face to tho council, Wo .here to. bo.dictated to, but by the will ofthe-ratepayers, and I hope their wish will be carried out.: That is'my opinion straight. Who has control of the roads ? ',, . . ' Tlie Chairman :The.council has. ..'Cr'King: If sp we should be able to! deal with them. In the face of. what wel. have received from the Department wel cannot close- tlie road. Evans has alwaysxiealt fairly by us, and has made a fair.fl offer how. I shall move hi&olfer—that is that he• %pos}t/L9pi to 5 make %uotheu:Tpad-: when ,#hich' is " diihgerpus,'" ..washed away, j TEatis'""moire than T'vfoiifd' have pprpd;j Jtft-dp-.becauSe riot required for || •the-public, bW a-few inirjers who ': b^sß^Bsrng l on'the council now. l i Cr Cupples :In whaf-way ? . _ 1 CrKing : By sluicing within the chain j limifot' tlig said f 653 .7 I" . on«.very good .authority-- to that- effect.-' -It move that we take the offer in svite of I tlie Minister of Public I do not! care/if ho? #as - the "Eing." Let. Evans . BroßfSiuice away partf of theiroad. We-have'-L9O : as (a guarantee « for a; hew road.. .1111 1 f$ *| jf :.!• Cr CupplesM I second* the I the council iui»t .a loJb-Loti • ■expepseiv^ r We kilaw" very well ■veil i» doirigthis •iti-the best'-'iriterests of . both therratepayefs':'and "."even-'-"Kiunan*-quite unsafe arid''dangprous:' The couii/:. cil does not'.know 'the" ! day it may-b©.; " pulled." for' LIOO -di; EIQSO dama-ves. Ifc is a,Weli"known'faot.-.thst ,th>- roadiM not needed; '-If-needed the. Council ..'will ■! give'a road in,a pi■ ico:'far "easier..-of access V. on the flat,- arid there is L9Q guaranteed ; to make the road. ■

Cr Stevens •: ■ We were told by Cr King that'others were washing away, this road j or close-up to it inside the limit '". If they had be# ? shopped iti >the r fiiM instance there wotild -not bte6n"all this bother. The, council should have stopped it. .Surely. the- council had that power ? The'council's proper course was to have j taken proceedings against those who were j breakipg- thevla'w, ; aod" the result. have beSi'an-.an *pbjec£ lesson-to juthei':: ''Hirst- :- - Heaiy Evans had been let off: Ido not see why they should have been. Because of the' want of firmness on the part of the council others were doing the same thing. I think the council.should put its foot down-] and stop this- thing at once, or else there.;; will be trouble other roads.'!; I;"mußt,;| say thafethe Evans" Bros, have been acting;' very fairly, and it is quite possible it pays them to give L9O. " j Cr King rose to an explanation. Al- '■ though he had stated that Dawson and' ] party were still washing Avithin the chain limit, they were doing the council no harm, because the road was of no Use where they were working. f;' ■■>.':*"■'■' i Cr Stevens : But what business have ! they there L Cr fHirst : .Dawson and>party's name j has lJe'en brought up, and they are within the limit of what roadi 'This road under discussion now '! '■ '■ ' • The Chairman : No. Cr Hirst: Cr King's reference to Dawson and party certainly led me to infer that," they were working on the road under discussion.

Cr Power.: It isaroad.all the-same.. ... Cr Hirst: Not this ; road ?, y . .-.. , i Cr King :. Address the chair. Cr Hirst : I am addressing the chair, but I like to keep cne eye on you—(laughter). If the council are going to entertain the offer they will have to invite, tenders. Had Mr Wallace,, the, first holder of. the section, refused to. take the road 1 The Chairman :. It has never been offered to him. r " Cr Hirst : This, then, is the first offer. Ts the council satisfied that Evans Bros, hold the section they say-they have purchased? The Chairman : They have the title

deeds. I can show you a copy of them. Cr Hirst :.I would like to see the copy of the deeds. So fat as the couhcilisconcerned, seeing that the Minister has decided that this road shall, not be closed, I am firmly of the opinion—although I in a measure agree with what has been said—that the council will be doing a grievous wrong if they deal with the road after the Minister has stated it cannot be closed.Cr Cupples : We are not closing the roadline. The copy of the deeds having been produced, Cr Hirst said it was not a Crown grant but only an agreement, and was worth nothing. Cr King : It is perfectly correct. Cr Hirst: It is not a Crown grant.. Cr King : Evans Bros have sustained their claim to theroad in the Warden's Court. -- "-. >■'•>;** " '•

Cr Hirst: The prescriptive right given by the Warden was for the surface of the X'6ad to enable Evans Bros to work a particular piece pf ground, but had nothing to do with the washing away of the road. Referring to the letter of Evans Bros., he said che latter part stated that they paid LIOO for the section abutting on the road on the suggestion of the council. Is that true?

The Chairman : Do you say it is not ? Cr Hirst: I do. They dp not hold the Crown grant. Cr King: Do you say they did not pay L10G? - - " " Cr Hirst: They have not the Crown grant, That is issued in another's name. Cr Cupples.:, Wallace, is. working in conjunction^ Cr Hirst said the arrangement was that by paying a certain sum Evans Bros, would work 'a straight face and would not be responsible for the" falling in of tlie section.--The Chairman : Who owns the section ? ' Cr Hirst: Wallace owns it, unless it has been transferred within the last fortnight. Cr King;: The agreement shows the position. It does not matter whose section it is. Evans Bros, have paid LIOO. I hope the whole road is washed away before the end of the month. Cr Newton : I had come to the conclusion we had settled the tratter when the council, vie road in a body. The opening of the question was the outcome of pf one or two people, v . ?' •: "The Chairman : Miners at thp back say they want the road to get timber; , Qr Newfori Y'Thab objection wont hold water The cantankerous people want to carttimber te-nowhere. -If we cannot close the road, we can put: up a notipjefchat it is dangerous.. .'..'...' : . '"■■:, | 1 1 -•s% | The Chairman.:That has been doh'e: : I

Cr Newton : Well, let the road be washed away,'disappear in an[earthquake or an eruption.- -Ifc will be thing. •Cr Clark : I did not hear the first part of the discussion. Referring to the statement that Evans Bros, had given LIOO for the section at the council's suggestion, I am not aware of the council ever suggesting such a thing. The council had no right to suggest it, and LIOO does notgive a right to the title deeds. Cr Stuvens : If we allowed the road to be washed away and Wallace's property was damaged, I suppose we would be implicated ? Cr Dyer said he did not see how. they could act in face of the Minister's decision. He thought it would be illegal to give permission. Cr Power : If the council have no power over the road, then what are we here for? The Chairman : The council has full control of the. road. I think when the gold.is taken from: the road it will never be required. • . : : . Cr Cupples said they did not have the signature of Mr Wallace tp_ a statement, that he was agreeable; to : Evans Bros.: having part of his' section. '' In the absence of that, he thought the matter should be deferred. The sum of L9O was not sufficient to protect the council.? i The Chairman : David aud John VVallace'haye signed the agreement., ' > At tlie-request of Cr King' the agreement was read. Cr Hirst: Who witnessed, it? r

T£e Chairman :It is only a copy; I Cr Hirst said Cr Cuppleshad made a seund suggestion, and the riiatter should, be deferred. He moved! ad an amendment that it be held over until next meeting, arid that in the meantime the opinion of a solicitor be taken. * Cr King : That has been done already. Cr Clark": I second the amendment. Cr Newton : Let us come to a conclusion. What is the use of procrastinatinff. •"''•■ '■ * "'5 t >■*'• "■ ' •> $ '- *■• Cr Cupples: The- apiendment is fair and reasonable, time to consider oar position, f | '■',- .: The Chairman : .Jft'o have been getting opinions for, the last tW'o \. Cr Kingfc We sj4id if!they acquired the. section we '= might close'-the foadi; jlWel have control; of;tfre road, ; and "no Rlinieter: can come behind us. Ifris only-under-hand work that is going on. Cr Hirst rose to speak. A Councillor : One o'clock. Cr King : How long is this to go. on ? Cr Hirst: If you. iuterrupt I shall stop on my le%s-; : if yoir'leave me alone I shall stop soon. ; .. : ' * - Cr Newton,: Put him dowriV .j . ~ . '-./-. The Chairman :Ordeiv! order;{■,, '."'•. _Z- . Cr Hirst: In making his suggestion Gi* Cupples grasped the •'•*" ' . Cr,Newton.: You have said that over and over. Cr Hirst: J only repeat myself like Cr Nowtbri. ,: ' -Tlie amendment was then put, five voting for it. • Cr King then asked to move his motion Cr Hirst:' The amendment'is carried. The Chairman : That is so. The Council then adjourned for luncheon.