AKAROA COUNTY COUNCIL.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 579, 31 January 1882, Page 2

AKAROA COUNTY COUNCIL.

A meeting of this Council was held on Saturday last. Present—Messrs T. is. Baker (chairman), R. R. Bradley, J. Gebbie, Fleming, Barnett, Joblin, Boleyn. Masefield, and Pettigrew. MINUTES, The minutes of the former meeting were read and confirmed. CHAIRMAN'S STATEMENT. A statement from the Chairman was read. ELECTION 0? MR BOLEYN. The folio wing letter from the Returning Officer was read ,~- :- ---" Akaroa, January 5,1882. o $j r) —l bave the honor to inform you tbat at an election held at the schoolroom, Little Akaloa, yesterday, for the purpose of electing a member for the Okain's Riding to fill the extraordinary vacancy caused by the election of Mr J. B. Barker being declared void, James Boleyn, fanner, Stoney Bay, having polled the highest number of votes, was declared dulyelected. Yours, etc., " A. I. McGregor, " Returning Officer for County." Mil ARMSTRONG'S CLAIM. The Chairman said that it was understood at the last meeting that Mr Armstrong should bo written to, telling him the County Council were willing to pay for the land, and would pay for the fencing when finished. The following letter had been received from Mr Armstrong in answer to a communication; —

'•'■ (Aula;: tho .ni'.Lont.y «*i i.i- i •.: lie I ■■T!!:"* Ooiml y I'.'oimcil of Akaroa. j " Whereas the f.*-*}•] Connly Council j under nnd In pursuance oi' 'he before j named PulAA* Works Act **.r.d several nets > ajiK-ndiii}*: the. same, made -"ppiication to tuke portion of the rural section IG7OB in the official map of the County of Akaroa, for the purpose of a public road. And whereas by a proclamation by His Excellency the Governor of New Zealand dated the first clay of November one thousand eight hundred and eighty one. the land i specified below (and so being portion of such rural section numbered ns aforesaid) were taken for the purposes of such road and became and wero vested in Her Majesty. And whereas I have an interest in the w oleo" the said section including the portion so taken as aforesaid as the owner in fee simple thereof. And whereas the land so taken as aforesaid severs the said rural section so numbered as aforsaid (and of which the land so taken forms a portion). And the land adjacent to the said land so taken as aforesaid and being the other portion of the said section so numbered as aforesaid, will by reason of such taking, and the construction of the said work be injuriously affected by reason that the said adjoining lands are left open and imfenced. This ia to give notice that I claim the sum of two hundred and ninety-seven pounds eleven shillings and three pence, as compensation for all damage done to me arising out of the taking of the said land, Given under my hand at Akaroa this 30th day of December one thousand eight hundred and eighty one.

" G. Armstrong,

"Claimant."

[Herefollowsdescription of landstaken.] " Particulars of claim for damages.— Value of land taken, to wit, 3 acres 3 roods and 34 perches, at £30 an acre, £1.8 17s 6d ; damages by severance, £59 8s 9d ; 79£ chains fencing, at 30s per chain, £119 5s ; total, £297 lis 3d."

The Chairman said that Messrs Harper & Harper had been communicated with, and had Sent the following opinion : —

" Christchurch, January 12, 1882,

" S ; r,—Referring to your letter of the 7th inst. in which after a full statement of facts you request our opinion whether the ietters written by Mr Armstrong to the Council will hold good in an assessment Court. We have to state that all the letters referred to will be admissable against Mr Armstrong, and against the claim now put in by him in respect of the value of the lands taken for the road. With reference to the claim itself, we think it will be advisable to make an offer in writto Mr Armstrong under Section 39 of tho 1 Public Works Act. 1870,' and a copy of the offer should be sent to us to be filed in the Supreme Court. We would suggest that the value of the land be placed at Mr Armstrong's own former valuation. The damage done by severance, we think, need not be noticed by the Council. With reference to the fencing, we think that the Council can in reply to tho claim state in the offer that it will securely and properly fence both sides of the road with a proper sheep and cattle proof fence without offering to pay Mr, Armstrong the amount claimed. If, however, the amount claimed be offered by the Council we will take i-are that hereafter it is made one of the terms of the award that Mr Armstrong do fence the land forthwith so as to compel him to do so. We might mention that it would be the duty of the Council, so far as travellers on foot or otherwise are concerned, to fence all parts of the ro.id which are not safe. Assuming this to be so, it would be better to adopt the course above suggested, and make tho offer to

do the fencing. Yours, etc.,

" Harper & Co."

The Chairman said Mr Armstrong had been eager to g\ t tbe road up to his mill, but now did not seem to care. He thought they might make an offer to Mr Armstrong, as suggested by Messrs Harper & Co. There was a mass of correspondence on the matter, but he did not think it needful to read it all, as they had heard it before.

Mr Masefield would move—"That Mr Armstrong be written to, offering him the sum of £29 12s Gd, being at the rate of £10 per acre for 2 acres 3 roods and 34 perches, and also that he be informed that the Council will fence fhe road themselves ; and further, that tha Clerk be instructed to call for tenders for fencing the said road,"

The Clerk's letter to Messrs Harper & Co., containing a history of the whole transaction, was read.

Mr Gebbie would be glad to second Mr Masefield's motion, if he altered it so that Mr Armstrong might have the option or fencing- himself.

Mr Joblin hoped the offer would be strictly in accordance with the solicitors' opinion. Mr Barnett thought the option should be given to Mr Armstrong of.' either erect ing the fence or ietting them do so, it being distinctly understood that an answer should be returned before nest meeting. The Chairman then explained the matter at greater length, Messrs Harper & Co.'s opinion being again consulted. Mr Gebbie then seconded the resolution, which was carried. It was agreed, on the motion of Mr Gebbie, seconded by Mr Bradley—" That, in the event of Mr Armstrong's accepting the Council's offer contained in the last-mentioned resolution, the Treasurer be authorised to pay him the amount. CLOSING Ol? PART OF OLD OKAIN'S BAY ROAD. The Chairman rend the forms gone through with regaid to closing this road. Mr Duxbury appeared, duly authorised by Air Callaghan (who is absent in Australia), to oppose the closing of this road. He presented the following petition :— " The Petition of Patrick Callaghan and " others. '•Gentlemen, — We the undersigned ratepayers of the Okain's Bay Road Board district do hereby petition your honorable Council that you may be pleased not to sanction the stoppage of that portion of the Old Okain's Bay road leading from Mr Callaghan's homestead to the summit, for the fo l lowing reasons ---Inasmuch as no advantage to the general public will accrue from its estoppal, as it is used chiefly byMr Callaghan, who has considerable traffic in cattle, etc. It has been cleared and formed to its full width during the past twelve years, and it is not likely to cost the ratepayers any further sum for maintenance, owing to its very favorable position. The only object appears to be to benefit one individual by robbing another of a right and convenience, thereby depreciating the value of one property to the enhancement in value of the other; and whereas no outlet leading to Akaroa

an convenient, as the road proposed to be stopped is proposed to be given in lieu thereof. As an expression of opinion we also consider the ballot box would be preferable- to a show of hands in these matters, and therefore hope your lionora le Council may be pleased to favorably consider tho prayer of your petitioners. (Signed) '• Patrick Callaghan." And 70 others. The following letter on the subject, from Mr J. B. Barker, was abo read : — "Little Akaloa, January, 28, 1882. " Gentlemen,—Not being able myself to attend your meeting to day, haying to attend a lioad Board meeting, I beg to make tho followiug objections re stoppage of the Okains' old road. Ist That it is premature to close that road, because the new road is continually slipping away in the winter season, and entirely blocked up, and being the only road the mail can be carried when the new road i„ blocked. 2nd That ap tition has been signed by more than half of tbe ratepayers protesting against the closing of the said road. 3rd That the meeting of ratepayers held at Okain's Bay, to consider the stoppage of the said road was informal, for the following reasons:—lst That notice of meeting was given in the Akaroa Mail, but no time mentiored. 2nd That notice was posted up in Okain's Bay stating that the meeting was to be held at 7 p.m. 3rd That on the last day a notice appeared in the Mail that the meeting was to be held at noon. On these grounds, gentlemen, it was impossible for ratepayers to attend on account of the long distance they have to travel, viz.:—from Le Bon's and Little Akaloa, and the uncertainty of the meeting prevented ratepayers from attending, and this road affects the whole of the district, because it is the only road over which the mail can be carried. Yours, etc.,

" John B. Barker." The Chairman said that he believed the forms had been complied with.

Mr Joblin said that, forms or no forms, the road could not be stopped in the face of such a petition.

Mr Gebbie said that, looking at the map, he really thought the closing of this road would injure Mr Callaghan's property. The Chairman said that there was nothing to prevent their closing the road in question any time within two years, even * if they let it remain open now. Mr Gebbie moved—" That all that portion of the Old Okain's Bay road commencing at the western corner of section 15437, thence running in a south-westerly direction to where it joins the Summit road, plans and descriptions of which have been received from the Okain's Bay Road Board, be not stopped, in accordance with the Public Works Act, 1880, section 4, subsection g, which is reversing the decision of the ratepayers' meeting held 3rd Nov., 1881." „ Seconded by Mr Job.in, and carried unanimously. THE LITTLE RIVER RAILWAY. Mr Gebbie moved—" That the Government be writt'-n to, urging upon them the * absolute waste of money it would be to form a temporary siding from the present terminus of the Little River and Akaroa Railway to the jetty at Lake Forsyth, as the lake is not even available for boating timber down in the maimer time ; and further, that this Comcil considers that no deviation whatever should be made the line originally hid off, and that a copy of this resolution be forwarded to the Akaroa Borough Council, each Road Board in tho County, and Mr Montgomery, asking them to co-operate witl* this Council*, in urging upon tiie Government the waste of money it would be to form this temporary siding to the lake." He was sure they were all agreed that the diversion would be simply a waste of money, of no benefit to the Peninsula. Mr Bradley seconded. Mr Joblin said that he would point out that the proposed diversion would be per** fectly useless. The proposed landing was choked up by thousands of tons of sawdust, and boats could not reach it. The resolution' Wits* then put and car— ried. n LAKE ICLI.ESMKRE RESERVE. Mr G. R. Joblin brought forward his motion, having for its object the preservation of that part of the Akaroa Railway that passes through the Lake Ellesmere Reserve, and for the immediate utilisation of the said Lake Ellesmere Reserve. He spoke as follows :—At the last meeting of this Council I gave intimation of my * intention to move to-day a resolution, which should bave for its objects—first, the preservation of that part of our Peninsula railway line that is upon the Lake Ellesmere Reserve, and secondly the immediate utilisation of that reserve. But there are matters involved in the discussion of these proposals to which I think it desirable £o accord some preliminary attention. Settlers have of late pretty freely discussed the character of the powers possessed by the Council, and the objects that ought to be and ought not to be made its aims. This discussion the settlers have every right to raise, for the Council was created by themselves for their own especial benefit. The only thing to be avoided herein is a partial or imperfect discussion, as from such, erroneous issues might be arrived at. From what I have seen and heard I am apprehensive there is some danger of this. Among I have heard it frequently alleged that proper thing for the Council to do was to resolve itself into a distributive body. That is to say, that its duties should con- l sist simply in dividing amongst the varioMs other local bodies any Bums that the general government may allot for that I purpose; and further, see that every dog proprietor in the County did annually purchase from the Council a collar fpt each dog. And to perform these principal duties; it is proposed the Council should assemble one day in every three months. The idea has something diverting aboit it, but also something mischievous and humiliating, and if our influential settlers are seriously contemplating such a step, I trust those settlers who make no special claim to that distinctive appellative wilfopposo and defeat it. It is difficult to imagine it possible that any representative body would adopt a policy so fraught with self-stultification and self-abasement. _ l£ it can be shown that these be all, or principally, the duties of which this Council is required to acquit itself, then can irassuredly be shown that the Council is a body for the existence of which there is no sufficient occasion, as a Government dork could in a couple of hours arrange a just appropriation of the funds, and a policeman could compass the clog collar

business. The County Ordinance shows that such a pitiful role was never designed for the Council by the House of Representatives, and the proceedings of other Councils show that they huvo a very different perception of what their duties consist of. When a settler accepts a seat in this Council he does not thereupon renounce his duties as a citizen, but the obligation for their observance is intensified, and power for the purpose increased, and his duty may be summed up in few words. It is to promote to tho utmost of his ability every act and purpose having for their objects tbe improvement of the minds, bodies, and estates of his fellow settlers. Assuming this to be correct, then it is as much the duty of the Council to aid their fellows in accumulating as in disbursing. The propositions, however, that I shall make to day have nothing disbursive in them, but are rather acquisitive. It comprehends the increase of value of the estates of the freeholders of the whole Peninsula, and a great many things besides, such as facility and comfort in locomotion, economy of time, and improved health, for these are all results attainable by the establishment of our railway and tho utilisation of the Lake Reserve, which is a work worthy of this Council, a work that should command their devoted efforts, and those of their fellow settlers. I am by no means ignorant of the probability that sundry difficulties may have to be surmounted in taking action such as I contemplate, and such as I hope to see the Council take in the matter, and it will be as well to touch briefly upon some of these. Now, whatever course the Council may see fit to pursue, there must be one ever-present consideration, which is this—that the Government must never be expected to take any steps whatever for the preservation of that part of the line that passes through the Lake Reserve, or to empower this Council to do so, until it is clearly and conclusively demonstrated that the existence of the line is imperilled as long as it is left in its present state. Reasoning akin to this Will also apply to any pronosal for the utilisation of the Reserve. To 'any plan devised for the preservation of the railway, the drainage of the lake must form the principal feature, and be the preliminary one to the utilisation of the Reserve, for it is the lake waters alone that endanger the existence of the line, and form the only hindrance to the utilisation of the Reserve, But before the Government can be expected to undertake this work, or empower this Council to do so, it will have to be clearly and conclusively shown that the work is a necessary, a practicable, and a reproductive one. This, I believe, can be <lone, and is the work I propose this Council should undertake. In order to arrive at conclusions sound and fast, I assume it will be necessary for the Council to investigate carefully the proceedings taken by the Public Works Department in relation to the line, this Department numbers its members by hundreds, and ia therefore influential, and an investigation such as that indicated would not be likely to be regarded by it with favor, neither can there be probability that aid would be willingly accorded but a disposition to oppose and frustrate such investigation, may, I think, be expected to disclose itself. Reasons for this would be not far to seek. Investigation may prove that errors may exist in the design for the construction of the line, for such that Department would be responsible. It may be shown that in consequence of Buch errors the very existence of the line is being endangered, and tnat the valuable endowment of the County is being frittered away. Such conclusions as these legitimately arrived at would reflect very great discredit, a result the Department could not anticipate with satisfaction, a result, that if possible, would without doubt be eagerly averted. This one feature alone portends some trouble, threatening to make difficult the attainment of those just and sound conclusions to which I have referred, which are bo much to be desired and which might, under other circumstances, have been so easily secured. But we must take things as wo find tbem. If, under the circumstances, cordial co-operation is not afforded, and cannot be expected, we must even do without it. If opposition or obstruction disclose itself, wo must be prepared to encounter such. We cannot for a moment consent to see the existence of our railway imperilled, and our endowment frittered away, in deference to any considerations for the complexion of that department. But I can conceive of one objecting here, and charging me with assuming that an investigation could have but one result, and that such must be unfavoroble to the department. I admit I expose myself to such a charge, and will therefore proceed by a recital of facts to justify the assumption on which it is based. You are aware that McGratb, the contractor for forming the line, completed his work in midwinter, 1880. He did this in accordance with designs provided by the Public Works Department, and under their supervision, and I assume to their satisfaction, or the work would not have been accepted. Well, and what ensues next? Why, that within two months a large part of the line was washed away, and serious injury done to a length of five miles. At the time notice of this state of affairs' was brought before the Council by the member for Tai Tapu Riding, Mr John Gebbie, particulars of which will be found among its records. In the state described the unfortunate line remained for a considerable time, but when the fine weather set in, a village of tents was created near the dilapidated side, and men by the score were engaged in the work of restoration. This proceeded for weeks and finally the damage was repaired. Then a new feature in the construction was resolved on. The portion of the line that had been washed away and replaced, was to be protected for the future by having its banks protected by a wall of sods, and gangs of men proceeded with the work and finally completed it. I do not think under any circumstance there was much chance of a lengthened existence for this bank. Had it been formed in early spring or autumn there might have been some possibility of a precarious and brief existence, but put up in summer as this was, that possibility was greatly lessened, for every sod contracted and crumbled in the breath of the hot dry summer winds. But there was at hand a more fatal influence,and the bankcollapsed before it. As yOu are all aware there are hundreds of cattle and thousands of sheep ad along the lake flat through which the train ruriß in the summer months. \\ bile »h« men who constructed the embankment ■■■'■, -.-,,-,>.,.*., v. at; a orotheir <.i*.-*y?.:'.'«*2',' i«.'*>« &w&* s-id Aieru-*

took possession. Tbey ground it with their sides, trampled it with their hoofs, and tossed it with their horns, they went over it and across it and along it, fought each other upon it and'tumbled each other into il. It was a sight to make a cynic laugh and a settler swear. The bank was destroyed and more weeks pass. Then a further movement is to be made, and the fallen sod embankment is to be replaced by one of stones. The work is done, the rails are laid, the line is ballasted, and the winter of 81 is upon us. And what is the state of these thrice renewed works ? Go and see. Again the lake waters surrounded the line ; for a distance of miles the ballast is washed off, in some places the rails and sleepers have followed, in others the water rises over sleepers, ballast and rails, and miles of the line where there is no stone embankment are seriously damaged. Extensive repairs took place, and now the line has again •to be stopped that certain parts may be raised. I believe that if the lake is allowed to reremain as at present, that large portions of the line will be at times under water, and consequently useless. Let the Council take steps to ascertain the exact position by appointing a committee to inspect and report. Let this deputation see for themselves. Last winter the water swept over the line, carrying away rails and sleepers ; and yet I am informed by old settlers that the lake has often been three feet higher than it was when this damage was done. Of course it is said the lake can be let out earlier, but I say the lake can only be let out under certain circumstances. It cannot be let out at all if the wind blows in a certain direction. When Sir John Coode was here, he was asked to inspect the lake, in conformity with the wishes of a majority of the trust, I myself being opposed to it, because I thought that unless an engineer was acquainted with the peculiarities of the lake, his opinion was not worth much. However, Sir John Coode did ride round the lake, and he gave it as his opinion (to Mr Montgomery) that an embankment was all that was needed. When he said embankment, I had no idea what ho meant, but I have since been told by people, of a place nearer the upper end of the lake, at Tau Mutu, where nearly ail the sea water finds its way in, where by building an embankment across the lake, most of the sea water might be kept in tbat locality, and so continue at such a height that it would always be able to force a passage through the shingle into the sea. There might be self-acting flood-gates, so that when the water got down to tho sea level the fresh water might open the gates and find its way to the sea. What I propose is, that members visit this spot and draw up a rsport. Such, a report would have greater weight with the Council than anything I could say. The Trust has spent large sums on these matters. Mr Bradley : But we have written to the Government about keeping out the lake, and they have replied that they would take care about that.

Mr Joblin : Yes ; they expended £1600 in trying to let out Lake Forsyth, and, when the works were destroyed, took no steps whatever to renew them ; and I believe if our railway wereswept away, there ivould be a job in getting it replaced, or it might not be replaced at all. If the lake, were drained, it is estimated that 40,000 acres would bo open for sale, and it would readily find purchaseis; and Mr Bray's estimate of the expense of permanently draining it was only £14,000. This would leave a large surplus to carry on the line, and if the Government would not do the work, they had better delegate the power to the Council, who could carry out the work. We can easily get an opinion as to the work being practicable and reproductive, and I believe the greatest engineering authorities all agree.with me f hat it is both. Before moving my resolution, I would point out that the Trust his many documents which might be very useful to tbe Council in their present deliberations, and I should like to see them applied for. I heg to move—-"That a committee, to consist of four persons, viz., Messrs Boleyn, Barnett, Masefield, and the mover, be deputed by the Council to proceed to the Lake Ellesmere Reserve, to observe the state of the railway, and to ascertain the practicability of letting the Lake Ellesmere waters out, aud to report upon the same at the next meeting of the Council."

Seconded by Mr J. Gebbie. Mr Masefield and Mr Barnett both pointed out that they had little knowledge on the subject. Mr Joblin said he had moved that they should be members of the committee because they represented impoitant constituencies. Besides, he thought every councillor should be acquainted with the mat ter Mr Marshall, who was a of the Trust, and other gentlemen residing near the lake, would no doubt give them every information, and Mr Lunn, who had been surveyor for the Leeston Road Board for years, would, he knew, give his kindly aid. Mr Barnett said he felt the Council had great responsibilities, and should be happy to take his share and do his best, but he thought Mr Gebbie, who knew so much of the lake, should be on the committee. Mr Joblin said it was because Mr Gebbie knew so much of the lake he had left him out, for he thought his criticism of any report brought up would be of immense value to the Council.

Mr Gebbie said that the L'rust had spent £3000 in getting information on these subjects, and he was afraid the committee would do little good. They had stirred up the matter at nearly every meeting last year, and had a reply to the Government to thee Sect they would see to it themsgl vgs Mr Masefield having consented to sit on the committee, and a few further remarks having been made by the Chairman and Mr Gebbie, the resolution was carried. MOUNT BOSSU ROAD. The following letter was read :— "Island Bay, Wainui, 26th Jan., 1882. " Sir,—As it is most inconvenient for me during harvesting to leave home to see the Council upon & matter that it is of vital importance to me, viz., the closing of road in Wainui leading to the Mount Bossu road, I venture to address Council in writing on the subject:—The Road Board havo closed the old road under, os I understand, the authority of the Council, and settlers living to the south of Mr D. Kennedy's property have really no road whatever. Settlers who live over the range in the Little River district have no means of moving the Akaroa and Wainui Road Board unle.v by appealing to the County Council, a*:d surely it is one or the functions of the Council to _ assist ■..-:*. •„•<• ;■':. js-e means of communication wi'tifiba outside world IA through another

road district. I trust the County Council will see that the spirit of ' The Public Works Act' in reference to the stopping of roads is carried out—'That no road is to be stopped until a way ns convenient to the lands adjacent, is pmvided.' The land through Rhode's flat bis been conveyed for the purpose of the new toad for 12 months, but the Road Hoard hay. done nothing but persistent'v ignore tb--claims of the settlers to bave 'he road in question finished. Mr A. C. X o'ght has already explained the position of matters to the Council much better than I could do, but the matter is getting too ."serious to be longer delayed, and by the Council spending a small sum on the works they ! will be conferring a great public benefit. —Yours, etc, " Archibald McPhail." Moved by Mr Gebbie, seconded by Mr Pettigrew—" That, in reply to Mr_ Me Phail's letter, a copy of the letter received from the Akaroa and Wainui Road Board be forwarded to Mr McPhail. (Carried.) ACCOUNTS. Accounts amounting to £53 were passed for payment. ALLOCATION TO OKAIN'S HAY ROAD BOARD 1 Mr Barnett asked for information regarding the £50 8s kept hack on the allocation of funds from the Okain's Bay Road Board, The Board wished if possible to get this money, to which they considered they were fairly entitled. Mr Gebbie said notice af motion would have to be given to rescind a resolution passed on the subject, by which the Council agreed when they did certain work on the Summit road, that the money so expended should be deducted from the next allocation. This had been agreed to at the time by Mr Barker, then Chairman of the Okain's Bay Road Board. Mr Barnett then stated he would give due notice of motion on the subject. The Council then adjourned sine die.