ASHBURTON COUNTY COUNCIL

Ashburton Guardian, Volume VII, Issue 2322, 7 January 1890, Page 2

ASHBURTON COUNTY COUNCIL

The following is the remand 3r of our j report of yenterday'a meeting— OHAIBMAN. On the motion of Mr Jackaon seconded by Mr Coster, Mr W. 0. Walker was elected Chairman for tbe enaulog year. The Dropoaer and seconder paid a high oo&pliment to the way la which Mr Wa'ket'a hod filled the effhe dnrlng tha jyeara he hnd occupied that position. Mr Walker brlt fly expressed hto acknowledgments. ohaibman's statement. The Chairman said ; Tha Treaiary Informs the Council tbat after forthee consideration the fines for trctpaan will be paid to tbe Oounoil'a credit. Mr Baker of Methven writes to the Ooaaoll asking that the amount charged for cleaning ; water raoe caay not be paid by him, and giving reaiionß foi his teqnee;. The.Water Banger's report on this matter will also be read. Mr 0, Tucker deolinea to aell dog oollare on the same arrangement as last yesr, but offers to do so on a fresh arrangement. The ordlnaiy renewal slaughtering licenses will be plaoad before tbe Oonnoil for Its approval, i Tbesa lloensaa have been referred to the Inspector of Slaughter Houses fcr his report thereon. Mr R. Mclntyre writes o )mplainlng of a large lnoreaaed valuation put on his property, anc requests that the valuation may be reduoed to the sama tmonnt aa last valu»tlon.

THE PBOOIiAMATION OF THE WATRE KAOKS

A deputation constating of Meaara B. Otrapman and John Deana waited on the Couooil wlih reference to la intention to have proolaimed, nndev section 267 of the Counties Aot, the whole of tha water taoea throughout the oounty, together with a oertaln width of the land on either aide,

The Clerk read a letter from Mr Chapman, itatlog tbat he and Mr Deam bad taken atepa to oppose the proclamation aad that they intended to wait on the Oounoll with a view to arriving at a definite settlement of all matters connected with the waoei through tfcelr proper ties, inoh aa right of entry, etc. Mb Chapman said that the chief objaot he and Mr Deans had In coming before the OouQoil was to enquire whether It was Intended to preis the proclamation, at any rate In their cases.

The Chairman said that nndoubtedly the Counoil Intended preeeltig the proclamation nnlees they aav good aeaion to the Qonttary.

Mr Chapman sifd that he was prepared to meet the Oonncli la any reasonable way, bat he wished to have aocne infatmfttlon as ti the proclamation. Mr Daana s,%Ed flat his oase and tbat of Mr Chapmaa and one or two otben, w<j different to the case of the r^et of the ratepayer/. They had allowed tha Oounoil to take the wa'er through their properties not for thalc own use, but for the asa of ratepayers lower down. They reoeived no benefit from thla water, and though they had ailowed tha Oonnoil to have acocsa through their land to tbe rao.s, the Oouccil were now seeking to take a solo ely a certain wid h of their land. He was billing toocoeda theCjunoil *ny reasonable control over the raoes, and he enggeited an the best means of ardvlog at an amicable arrangement, that the Cbunoil enould get iti solicitor to draw up aa agreement to be> submitted to his and Me Chapman's solicitors. It was more tor the Gouno'l to say what tuey rcqal ci, ban for blm and MrUhapman to say what they wer« prepared to give.

The Chairman Bald that as far as the proclamation wai concerned the Oounol! did not seek to alter the position from what It coir was, The matter was more one by whloh the control of the wnter races were brought under the provisions of the litest Act than abaolately altering tbe portion at between tha landowner and tbe Oouccil. The Council wara aware that M Deans and Mr Chipmau had always Bhown theie willingness for the water to be taken through their hud. la the bylaws the Ooaaoll retained the oondltlon that the/ should have a rlght-of way through lands where water rroea ran, »n<? if the deputation o >ned into the Aat they would see that nothing mora than this was conferred on the Conceit by tbe proclamation. This legislation was tha latest on the subject, and had been adopted !n a1; leaat two counties in Canterbury with the consint of the ratepayers concerned. It was therefore absurd to think tbat there was anything Id It unfavorable to tbe ratepayers. Ho wasßorty that Mr Chapman bad venHated the matter in tbe way he did in Saturday's paper. Me Chap nrn w»b going to meat the Couaoll and be thought St a pity that ho should write a letter which might give rise to calennderstandiDg. So body of man liked to ba aoouaed of keeping things back, and the aooaaatlon in tola Oft.se was absolutely onoaeilted. The Jouncll had made the matter aa pabllo aa they could—their discussions wera pubic aud th 1 decisions they nrrlvedat were publio—and it in not fair to Bay tbat they aoted ncdcrhandedly or thtttuey desired to keep the public fr> the riatk. He wag cure toat it web only mUconcactlon of the objects of the Cjunoll that had led Mr Oiupmtu and Mr Deans to oppoee the ptoolanca'lon, and there need be no real difference of opinion or oocfllot of interest between the Council and the deputation, ' '

Mr Chapman said that the Chairman had made a great deal more out of the latter he bad written to the newspaper than there wan »oy oooaslon to do. He bad not had the smallest Idea of tttrlbuting anything underhand to the Council, bat what he meant to a»y was that seeing the Importance of the mac'ar no euffiolent notice had been ilv«n the ratepnyera. In regard to olan c 267, ender which the Oounoil were prooaedlog, he would like tt c Ohatrqun to explain tbe precise and definite meaning of tie word •• vest" In that clause. Ho had been legally advised on the point and lawyers attached a very different oplniou to that word to that which thdjChalrman did when he explained theeffeot of the proposed proolamttton. If the clause meant what the Chairman said It did, then there was no necessity for tbe proclamation, He was prepared to grant all reaaoneble nccees to hi* land; and be did not think anyone would ba disposed to deny eucb but tt seemed to htm that by the word • Vest," if the raoea were proqltimed, the freeh Ji would go to the Coacjoll, and beoome their absolute property to do wh»t\hey liked with, lhe Chairman agreed wltti Mr Chapm»n bb to Uie lltersl meaning of the word 11 vest " but eald that only so mndh^f the land »b waa covered by the water race would go to ths CouboH.

Mr Chapman maintained tbet the effect vrould be that the freehold of the l»rsd proclaimed would pa« 3 from the to the Council.

- The Chairman asked on wbatlterms Mr Chapman* sop posed the Oounoll oould control the water race system If they had not absoiule power over li, Mr Chapman Bad by voluntary engagement en the part of the owners. He agreed that the Cjuncil should have the rtgbt to oompel paople to maintain the face*, bat that was a totally different thing to absolutely taking t{}9 laos, Tha Qb»;rwao said that aa far as he could coe Mr Ch»pman's objections arose purely from sentiment. Th> OouqcU held at tha the present time, >■ parpetoal tight of;w»y]for a width of 50 links.

Mr Ohtpmm replied that that right was only contained in the Onanoi.'t by-lawa and oonld not legally be enforoed. He could cut cff the warer to-morrow IJ tie lined, ba~, he might say, he did m< wish to talk in that way, and be dashed he macter to bo settled in a friend!) manner.

Mr Deans aald that the Chairman had mentioned, tbt Silwio Owptf Council m

having the powera this Council now sought to obtain. He]had property In Solwyn county similarly situated ;nd be had a special agreement with that Council. It. was such an agreement thtit he and Mr Chapman now sought to come to, »nd he thought the bast phn would be for the Council to instruct their solicitor to draw up an agreement for consideration. He was not prepared to go into details now, because the matter was one whioh required » littlte thought on both sides. In rep'y to Met Harper the deputation said that they had communicated wlih the Government, In pnrsuanca of their oppo sitlon to the proclamation.

Mr Harper Mid that if the deputation bad watched the proceedings of the Ooanoll they would have seen that It was Rome months ago slooe aotlon In this matter was fifßt taken. The Council had given It as much publicity as they oould, They had been brought face to face with the faot that their position was not teonre, and it was to make aare of (he cleaning, maintenance and enlargement, if necessary, of the (seen that they had taken aotlon. Tno CKunoil did not want to acquire the land ; In narrow strips it was of do usa to :hemMr Chapman asked if Mr Harper coald answer his question as to the word "veßi." Mr Harper said that there was only one answer; that the Council had full power for any purpose conneoted with the race, The Ooddcll oouid not bnlld hotuea on the land proclaimed. Mr Chapman asked If It became the freehold of the Oomoll, Mr Harper said that be thought it did. Mr Chapman ssld that a water race went through his garden, and If It were proclaimed the ranger could do what he liked, chop down trees, or do anything else within the llra'.t of the ground taken. He was quite willing to give the 0 junoll control over the water raoe, bat he was not prepared to lose control of his land. Me Grlgg thought that full consideration should be given by the Council to all sides of the matter. In answer to the Chairman Mr Chapman said that It would be for the Counoil to put down In writing what powers they wanted with respect ~to the water raQBB through the land owned by Mr Deans and himself and what the ranger required. The deputation would be glad to meet them as far as possible.

The Ohalrm»n said that he krnsted that negotiation weald pat the matter on a satisfactory footing. The Oounoll, he might point oat, did not intend robbing anybody of their land, their objjot was to have things preoliely as they now ace, but with the difference that in case of necessity the Oouaoll wonld be nrmed with greiter power fot the benefit of al). Mr Dians eaid that he did not think the present Council would undoly preis Ita power but it might be enooeeded by another whioh would tide roughshod over them, Therefore a definite agreement wai neoessary.

The Chairman undertook to aoquatat the deputatloo with tbe wlahei of the Counoll, and the nutter waa referred to a oommittee. to oonfer with the lollottor.

Me F. Ferniman waited on the Ooaooll, and points i oat the injustios he would seffer shoald the Ooauc'l proolalm tha water source In his property. This m=»tte: waa'alao referred to a ooipmittee. ■ UATTGHTERING lIOENSIS, Slaughtering licenses were granted m followa:-W. H. Bulo and 00, H. Primmer, S. Burnwd, O. Dlgby, W. J. Smith, Executors W. Hartnell, H. Knight, J. Baker, 1 Sargent, T, Morgan, T. E, Moßae, T. MoGtrandell, J. 0. Wason, W. T, Chapman, Jaa. Gudsell. MISOBLLANfiOUS. The ofier of Mr 0. Tucker, as to the sale of dug collars, was accaptad. Mr Baker applied for recaission of ciarge for clearing waier raoa blockel by the gale of September 9. Ou a divl slots the application wa3 >efased. The vote of £25 made coma.time ago towards the funds of the local Exhibition Committee was paaJed for payment. Accounts were passed for payment. The Chairman and Mr Friedlander were »ppolnted the representatives of the Council on the High School Board. The Engineer's report aa to the fenoing of the north approach to the Rangltuta Trafflo Bridge was adopted. The Engineer was iast ucted to vhit the Itakaia Gorge S;..i_o and report aj to the best means of protecting the bridge from further damage. The Oonnoil then adjourned to February 4.