RAILWAY FENCES.

Dominion, Volume 4, Issue 938, 4 October 1910, Page 8

RAILWAY FENCES.

SETTLHRS WITH A GRIEVANCE. STATE KEPUDIATES LIABILITY. ' A' largo deputation, which was introduced to the Prime Ministor yesterday Jby Mr. W. Hi Field, M.P. for Otaki, requested the Government to undertake the same obligations in respect to the upkeep of fences along the railway line as -the. Manawatu Railway Company, formerly did. , . ' ■ .-' /•■ . ■ '. ,-■ " .-. Mr. Field said that when land was. taken for the purposes of tho Manawatu railway the Manawatu Railway.Company,, under the existing law, became liable for half-cost of-fences. Some settlers accepted" small compensation for land or gave it absolutely free on the understanding that tho; company would undertake the whole cost of tho upkeep of; the fences'.' In other cases an agreement was come to with 1 the Natives under which-tho company got the land free on'the Undertaking that it would erect fences and keep them in repair, and fulfil other tions. The Manawatu. Company; in the course of time, exceeded their ''liability, and.Vundertook: the whole cost .of maintaining ' the fences in every case. When tho.Government took pvpr tlio railway the question of the maintenance of tho , fences was not considered; and it did not appear for two or. three months after the authorising; Act. was passed that' there had been,;a change; in laiv in'respect to tho -repairing.; of fences. 'Had the: Railway ■; Department repudiated ; liability earlier-the settlers could havo 'had' their remedy against tho: Manawatu Railway. Company before at went , 'into liquidation, but, the Railway Department seemed at , first to; hold itself : responsible for the agreement: between the , .settlors and- the company,'and: it was not till, the company was in: liquidation that the Eailway Departmerit;, and ; then ".the settlers real-; ised their -position. : : Mr. Field :. argued .generally jjhat - -' it was advisable ;for , the !' Government -:to • undertake '.the;, upkeep : of fencing to.prevent ■accideiits: ,- ; through, animals straying,,on the lino,apd the consequent danger of compensation ; claims. A good l deal .of the cxnense ■ necessary ,on the ■■ line; was ■ caused by; fires started by sparks-;from the engines. ..•';•'■ grievance,, ventilated; by" Mr; Fields-was that of crossings. He-quoted a case'-in■■ which;a Maqri woman whose property was.-a.gilt-edged security had been refused an" advance from the State. because there was a railway crossing on her' property. :;/:., : '■ . ; .■■/:..' ". Mr. O.;P;;Lyncirsaid the settlers had been 'informed; while, the' Bill.was before 1 the House,;on:'.the authority of the managing blub of,the solicitors''for'.'tn'o rail : way. company, that thejGovernment would '..undertake;., its liability, .in. respect; to fences. ; , .Itiwas-: rdther significant l 'that the Railway Department did not rppudi-, ate 'its• liability until::the company-.was in'.'.'Hquidatipn.:. The 'settlers:,'could not" let ;tho : . matter'rest,; and if they.got an ■ unfavourable reply '.that day other steps .would have to. follow..; .;-'. :.:.'.;,,,.

.: Mr. ;Field said the direct threat' settlers had'.to'offer-,was' ty petition- 'to■• .-Parlia-. ment.-''■;";:/■;, ; " .-;'■. ,:;; .■; >•/■'.-.";' ; !'■

_ Ihe Hon.; J. -A.. Miliar, ;:Minister/for Railways, saidv that when..the point:"a'r6so; the .Crown : Law::Offico::advised\the;RaillvayJDeiiartment that itJiad;.np liability., Ihe'.Depai'Kh'ent had-noJdeMre.;'tq;.-: ,t.ere v :■ with .private, 'railway I:crossings granted'.by:the:Maiiawatu.Railway .Colli;' pany, but .it'had no. iiitentioii of making :tfcem ■ public.':orossirigs.-.'.beca'use'- circumslau'ces- miglit.ariso: in which' a','public; crossing ' might become: inconvenient : . : to the Department. ■ There were hundreds; of-' uiiles. of/railway not , fenced through-:: out: New: Zealand.' The, Department- did.: not /fence pn private ..'property, ■'■though -it had /gono/;the length '■ of. 'providing vth'e" : settlers '.'-with old ; sleepers lo_r. posts and:' wire.if - they found ".the labour./. . ..'-..■ . 'The,, Prime Minister said the . matter was'.too .-'.important, to'.permit; of j an. offhand answer... He;; was quite sure:-, the. Government/had, never .agreed, to ...carry out. the inability': of ! the. Manawatu Railway' '.Cduipany, ■ but he 'held.' put 'against that.dnringi'the.wh'ololof.the'jnegotiatioiis'. HoV.wishe(T ; 'to: inquire -into: what,'claim' the: settlers ■ "would 'have had; against : the. Manawatu' Railway .Company' pefp're went .into, liquidation; . There'.:was 1 :;iio--thing in ;law. : or in equity'.that' ma'de the Government undertake ■ the liabilities > of the, Railway ■.Company....Had.lie.:known;' about, dimc'ulty 'he 'could'.no. .doubt.have put a. clause in the Billγ-tp protect; the settlers.,-':'■:He .'wanted-; '[, the settlors,to..be'■-.'.■fairly'.treated,';but 'lieVhad' to"guard,'against:, establishing a big.";precedent; V/His.'.impression was: that ''.the , ■Railway. Department .could- not. do-much, .for.'the settlers, but.h'e;.would look, into; the. mat'ter. : '. In the .matfer of orossings : the' PiAlic: Works; Department ninst (give private: crossings in, constructing a> lirie through'■■ private, property, bu'i. : . partmeht. could'not give an\undertaking for. mortgage purposes that it'.would/be' therefor , all:t;imei.: Ah earthquake might remove:it,* ; for .instance..»: .-V. -i\ ,i '-•■.':■'■.»■ \V'