THE OTHER SIDE.

Dominion, Volume 2, Issue 578, 5 August 1909, Page 7

THE OTHER SIDE.

I , CITY COUNCIL V. CAS COMPANY. ! ' STATEMENT OF DEFENCE. , The defence of tho Wellington Gas Com- [ pany in connection with tho Supreme Couit r action in which tho City Council is plaintiff I -was filed with tho Registrar of tho Supiemo f i Court jesterday by Mr N B H. Dean, of tho & firm of Messrs. BroTin and Dein. >11ie atate- « ment reads as follows. — ! 1. The company admits that tlio plauitift ', is a Municipal Corporation as mentioned in I paragraph lof tho statement of claim, f 2. the company demos that tho company j lias for its objects (inter aha) the mannfac--1 ture of gas within the city of Wellington, I and sajs that tho company's oojects as sot 1 forth m its Memorandum of Association are ! "Tho, manufacture and supply of gas tor tho l t 'city of Wellington and ucimtj." ' 3 * The company denies that by virtue of the Wellington Gas Company's Act, 1870, ' tno defendant company obtained tho right to establish gasnoiks within tho city of Wellington for the manufacture and piodnctien of gas, and says that the righto, powers, and authorities conferred on tho company by tlio ' said/Act of 1870 aro clearly set forth \ therein. ' [ 4 Tho company denies each and every allegation contained m paragraph "i of the i statelhent of claim, and denies that the comf panj's area of supply is limited, ol ovei Has l limited, to the area within the boundincs (If [ the city of Wellington, as defined by the j Wellington City Boundanes Act, 1878, and | Bays |hat the boundaries of tho citj of WclI _ lington are not tho boundanes defined by \ " Bueh last-mentioned Act. ' I 5 .The company denies that it erected i works and plant viithin tho city of Wclling--1 ton for the manufactuio and storago of ftai ■ under, tho provisions of the Wellington Gas Companj's Act, 1870, but admita that it slipphcs | gas to the inhabitants of the city of Wellington and its wcmity from woiLs and plant, erected witlhn the said city 6 Tho company ,admits the allegations contained in paragraph 5 of the statement of ! claim, and sajs that tho aica refeircd to in \ tho said paragraph sukoqi.ent to the sue] I fifth day of Mai eh, 1888, lia3 been included in, and now forms part of, tho city of Wcli lmgtpn. '- . I 7. The company admits tho allocations I contained in paragraph Q f except that it sajs j tho agreement-therein icforred to was dated { the tiventy-sovonth day of July, 1899, and ( also admits tho allegations' contained in j V, '8, d, and 10 of the statement i of claim ' . . I 8. l'ho company demos each and evory ali kgation contained in paragraph 11 of Hie | statement of claim nnd sajs that sinco tho first day of April, 1903, it has, under the pro,visions of the Wellington Gas Company's I 'Act, 1870, supplied gas"'to the inhabitants of the city of Wellington as now constituted. ! 9. The company denies each and every allegation contained in piragiaph 12' of tho plaintiff's statement except that it admits that the company has purchased and is the owner of land in tho borough of Mira,- .' mar, upon which the company has elected a gasometer or gasholder for the storago of gas, from which gasometer or gasholder it purpbses suppljing gas to tho borough of Miramar, if surh gaSholdei is connected with the company's works in the city 6f Wellington, and for the purpose of such supply the company is desirous of making the works at % Miramar and within the city of Wellington \ * i part of one flystom. ' 10. With regard to paragraph 13 of the statement of claim, tho company admits that on the twenty-second day of April, 1909, it 1 entered into an agreement with tho boiough of Miramar for tho supply of gas for public and private, lighting within the said boi- ' ough, subject to tho proviso"' that tho gasholder at (Miramar bo connected with the company's manufacturing works within tho city of Wellington, so as to cnabln gas to bo supplied from tho company's woiks in Wcl lirigton to Miramar. 11. With regard to 'paragraph 14 of tho , claim, the company admits'that it has applied to tho Prime Mimstei of tho . Dominion, and also to-tho Actihg-Primc Minister,, for tho censenfof'tho Govcinor-in-Council, ;under Section 9 of tho Gas Supply Act, il9oß,i_to the Wellington Gas Coinpanj, LimiteoT, i, arid breaking up ;tho soil arid pavements bf any streets; roads, bridges, or thoroughfares in tho x city of Wellington, as now constituted, and altering any drains or water-pipes thoiounder to such extent as ' may be necessary, and laying down, retaining, and from time to time repairing or lenowing such mains or pipes thereunder as may be required for tho convejanco 6f gas from and to the company's works in tho i city of Wellington to and from tho said borough of Miramar for the, purpose of connecting tho said woiks n6w erected in tho citv of Wellington for the manufacture and storage of gas for the Said borough of Mn'ajnar, but denies that/ t tho consent of tho Governor-m-Council asked for is to be in tho terms of tho dr-«ft inaikod "A" refcrled to in paragraph 14 of the statement of «laim; and says | that the conditions mentioned ul tho Said suggested diaft consent were' nisei ted by the company with a view to satisfying aB far r.s possible certain objections laised by \thc plaintiffs. Tho comj pany has no knowledge that any consent of the Governor-m-Council will bo given at all, and, it given, in what form it will bo ox- ' pressed. 12 Tho company denies each and every allegation contained m paiagraph 15 of tho ( statement of claim, and says that the company does net desno and -ask for any conditions tobe attached to tho consent of the Governoi-ili-Council, and does not ask or de- ' site that such consent should be Other ,tban in'strict conformity with the provisions of tho said Section 9 of tho Gas Supply Act, / 1908, nor has tho Acting-Prime Minister oi tho Governor-in-Council been asked to issue any-consont other thah in strict conformity . wrfch ; tho said Section 9. and? furthci. the ' company denies that the consent or the Govemor-in-Council for which the Gas Com pany has applied, as 'referred to in para graph 11 hereof, wbtild, if given, bo'ultrc vires, and says that tho aria'formerly the borough of Melroso 'and the area former!) ( tho tity of Wellington now constitute the! ( city of Wellingtbn, and as sneh is a noigh bouring borough,or distiiot within tho mean ' ing of tho said Seotfoii 9. ' It is understood that tho case will, be brought befoio the Court on August 18.