TE AKATEA TRAMWAY.

Waikato Times, Issue 12177, 12 September 1911, Page 4

TE AKATEA TRAMWAY.

DEADLOCK ARRIVED AT. COUNCIL'S DEMANDS. COMPANY'S PROPOSALS REJECTED. Matbers»;n connection with the proposed tramway irc/m Ngaruawahia, to Te Akatea appear to have progressed no further, the deadlock 1 etween the Waipa Collieries' Company and the Waipa County Council presenting, no indications of settlement.

At yesterday's meeting of the •»aipa County Council, Mr Swarbrick Coiinty solicitor, apprised the Counfi'l of an interview he had with Mr <■ otter, acting for the Company, and tee Raglan County solicitor, when neioiier the latter nor himself saw tneir w a y clear to recommend the bounty Councils to delete clauses 39 and 43 of the D e , 3 rl 0 I Delegation, a!tfflouffh they were, prepared to consider a modification. To this Mr Cottar •>ai- his instructions were absolute-, • -'lat the ciauses must hj& stnirk t altogether. Clause 39 provided that en* company should not assign or encumber the property without the consent of the Council, while. 43 allowed tf loC£l bt,di 'es to re-enter and sell th 3 property in case of default, or in case the company became bankrupt. In the writer's' opinion a clause of this kind was absolutely essential 'or the protection of the public interests. '

A further letter from Mr Swarbrick, dated August 21st, stated that since his previous communication Mr Ellis had informed him that he and Mr Casey had been (authorised to Bettie the whole matter, and that he was going to Auckland that week to complete matters.

Mr Cotter wrote giving as the Company's reasons for requiring the deletion of clauses 39 and 43, that the Company did not feel justified in spending a very large sum of shareholders' money in constructing and equipping a tramway and then not to he able, by reason of clause 3% to secure debentures or give any other encumbrance over the same without first obtaining the consent of the Councils, nor to run the risk of a forced sale by private contract of the whole undertaking, as required under clause 43

In connection with the same matter Mr H. Marsland, on behalf of th e Ngaruawahia Town Board, wrote asking the Council to assist as much as p&ssihle -in expediting thej completion of the necessary formalities to enable the application for the Order-in-Coun-cil to be proceeded with. The writer .-aid his representations were purely from the necessities of Ngaruawahia, a large number of people having taken up residence in the township awaiting the commencement of the railway, and the delay was bating a very bad effect on the township. Re-

garding the protection of the public, he pointed out that the residents of Ngaruawahia had already agreed to certain terms w'th th? Com parr- in connection with rrnning a line down the centre of the side street affected, fencing the linei, except ,".t necessary crossings, and forming the street the full width, so as to allow a good richt-of-way on either side of the line.

The chairman thought it would be preposterous for the Council to depart from its original demands and said they should be guided entirely by the advie? of their solicitor. Tt was decided to inform Mr Swarbrick that Council had entire confidence in him. and would leave the matter entirely in his bands.