WHERE ONEHUNGA STANDS.

Auckland Star, Volume LIX, Issue 227, 25 September 1928, Page 10

WHERE ONEHUNGA STANDS.

TRAMS AND TRAM TRACKS A LEGAL OPINION. At the meeting of the Onehunga Borough Council held last night, a legal opinion was read from the borough solicitors advising what steps should be taken if at any time the council required the City Tramways Committee to remove the trams and tram tracks from Onehunga. The solicitors stated:— "In our opinion there is no provision in the deeds of delegation, whereby the Onehunga- Borough Council can compel the Auckland City Council to remove the tram tracks, even if there has been a breach of the provisions of the deeds. In the event of a breach of the deeds or otherwise, the borough council could call' upon the City Council to remove the tracks on the ground that they- belong to the City CounciL and are encumbering the property of the borough. The question, however, is not free from doubt. Assuming Onehunga could determine the deed, and it was held by the Supreme Court that the City Council could not be compelled to remove the tracks, Onehunga's only remedy would be to remove them at its own cost, and endeavour to obtain reimbursement for the expense on the sale of the undertaking seized within the borough. The best way to treat the matter would be to obtain evidence that from a certain date the service has been inadequate, and then sue the City Council for damages as from such date. Should the proposal for the formation of a Transport Board be given effect to, this will, we think, materially affect the general position, as settled by the existing Orders-in-Council, and, in view of .this, we do not feel justified in recommending Onehunga to incur any expense in litigation in the meantime." Mr. F. S. Morton, upon wTioee resolution the advice was obtained, expressed himself as well satisfied with it. It cleared the air, he said. The council knew now where it stood with regard to the tram service, and how to act at any time. The opinion put the council right on side. He agreed with the solicitors that there was no necessity for Onehunga to move any further in the matter at present, in view of the likely setting tip of a Transport Board. He moved to that .effect. The resolution was seconded by Mr. P. R. Lipscombe, and adopted without further discussion.