SUPREME COURT

Dominion, Volume 7, Issue 2187, 27 June 1914, Page 16

SUPREME COURT

TAIHAPE HYDRO-ELECTRIC SCHEME QUESTION OF TURBINES . His Honour,the Chief Justice (Sir Kobert Stout) delivered judgment yesterday in the matter of an action brought by Turnbull and' Jones, ■Wγ Wellington electrical-engineers', against the Taihapo .Borough Council, asking for an interpretation .of the conditions of a. contract. Jlr. G. P. Skcrrett, K. 0., ivitli Mr. 1). H. Boggard, appeared for plaintiffs, and Sir. C. B. Aforison, K.C., with Mr. A..L. Arrmvsmitli (Tajhapo), appeared for Me defendant corporation. ' , . Mr. Skcrrett, in his opening address, at the hearing, said that the action was brought under an agreement to determine ono question or construction, and one question only, arising from the contract. . 'i'lio facts in tlio case were • that in tlio early part of 1911 the Taihapo Borough Council entered into a contract with Messrs. Turnbull and Jones for the supply of the plant and machinery for the .borough's hydro-electric lighting and pumping works. The- Boroligh Council's Consulting engineer, in tho early stages of the contract, was Mr.. Chencry Suggate, of Auckland, and a. condition of tho contract .set,forth that any alteration in the works ordered by" tho engineer in writing should bo executed by tho contractor and tlio value thereof, whether in- .the way of addition or deduction, should be ascertained by tho engineer, without reference to any persons whatever, and iiie amount thereof added to or deducted from tlio amount of the contract. Tho original contract provided for doublediEchargo turbines. Prior to the acceptance of lenders, tho plans and specifications for tho hydro-electric works wore submitted by tlio Taihape Borough Council to Mr. Blackley, general manager of Turnbull' and Jones (the contractors iV tho machinery) with a request that ho should criticise the 'specifications of the engineer. He agreed to go through the -specifications with fciio engineer, and in a subsequent lotter to the council recommended the substitution of single-discharge turbines for double-discharge turbines. An. order for the single-discharge turbines, was subsequently cabled,.to tho manufacture ers in England by pfaintilfs, at tho instance of tho Borough Engineer. Three weeks later the Taihapo Borough Couiir' cil'." objected to their engineer, having niado an alteration in the turbines, and insisted on tlio original.form of turbines being adhered to. . . ~'•..■•'.'•• Mr. Morison, in his presentation of the case for the defendants, 6aid that the question for the Court to decide was: Could the engineer substitute ono mode of generating electricity for another?. The powers of the engineer were, by-tho specifications themselves, confined to adding to or deducting from iiie specifications, and did. not include the power of varying the plans and specifications. Tho only authority ■which could alter tlio plans and specification was the Borough Council. Had Turnbull and Jones declined to carry out the new eiiigle-dischargo turbine schomOj learned counsel submitted that the engineer could not" havo compelled them. '.■*'. In giving judgment, His Honour said that he was of. opinion that the, plaintiff was entitled to tho direction asked for, and that tho engineer'had power to r.hange the one turbine for the other. Judgment would be entered accordingly, - and costs would be on a scale to be fixed by the quantum of damage awarded, and might bo reserved until that was settled, or until the further order of the Court. A RIVER GROYNE. ;' FLOOD MENAGE. IN WAIEAU . RIVER. ~ : HIS HONOUR'S ADVICE. Eocently the Chief Justice heard argument on an application by the Spring Creek Hiver Board to enforce an injunction against the Lower Wairau ltiver Board against tho continuance of a groyne in the bed of the Wairau River. It was etated that tills groyne had the effect of preventing water from flowing into; the Opawa River. His Honour had inspected tho ground, and stated his conclusions on fact. Mr: Skerrett, K.C., with Mr. Rogers appeared for the .Spring Creek River Board, and Mr. M. Myers, with Mr. Mills, for tho Lower Wairau River Board. Judgment in this case was delivered by his -Honour yesterday afternoon. His Honour said, in tho course of his judgment that, from an inspection of the ground and the evidence given before tho Court, he was forced to the 'conclusion, that the groyne complained of as now constructed \vas in tho bed of the river and beyond its ancient bank, and that in ordinary flood would prevent the flow of .tho water in its accustomed .channel, and that it mifjlit cause tlie.watev.(a-nd.in time perhaps all tho water) to. flow down tho Wairau channel. His Honour, continuing, said:— : " : Protection from Flood. "I desire, further, to point out that the river is, in my opinion, in an unsafe position so far as both river districts arc .concerned.' It is not, perhaps, for the Court to make suggestions, but I feel bound, to sav that the Court is.hardly tho fit tribunal to determino wliat is necessary for the protection of both tho river districts from flood. A flood might, if all the water found its way to the Opawa branch, do immense injury to .property, and perhaps endanger life, and great injury would fallow if all the flood water in a heavy flood were forced into the Wairau channel. • Tho proper tribunal to determine what should be done to safeguard both districts is ono of expert engineers. Either there should be one authority to manage both river districts, or perhaps the Harbour or-some, authority should liavo power to agree on Fonio scheme that would bo suitable for both districts. Tho two channels arp really mouths of the Wairau River, and there is a danger, if there is not ono scheme dealing with both mouths, of one or both districts being grievously injured. I presume that th 6 defendant will carry out what the Court orders, and there will be no need to proceed further, save to pay the costs incurred bv the plaintiff, which I fix at £50, with witnesses' cxnensos and disbursements. The order will bo that the groyne- up to threechains of point B be_removed, and if thnt order is not carried out the Court will proceed further, and leave is reserved to both parties to move." \t tho request of Mr. Myers, his Honour snsuended the.order for two weeks, and in -the: meantime Mr. Myers nili probably carry the ease before the Court of Appeal. PRISONERS:SENTENCED. REFOKMATOE V TREATMENT FOR A'.FOTtfiKR. ■' Two prisoners appeared in the dock of tho Supremo Court yesterday morning to bo sentenced by his Honour tho Chief Justice (Sir Robert Stout). Homy John Cameron appeared respecting live counts of Forgery and uttering. His counsel was Mr. P. W. ■fiicks'an, who said that the case wns oiin of a youns! man having come to the city and lost his head. His Honour: Ho has lost more than Vishca/l; ho lias lost Ms character.

Mr. Jackson:. Ho became hafd up for i money, and committed forgory. Aβ in ■ his first attomrjt lie- ?x.perie!lcrf no dif- : JioulLy in securing cash by Ilk forgow, ; lie continued in the offence, 1 think ' that if tradsmen wore a little liiOfc ; careful- — * t ■ His Honour: Iquite , agree with you; , it is tjuite ridiculous! Mr. Jackson: If he liarl been dieekfitl at the first attempt, kc wmM iio-t Imve gone any further. As l-sft was wet chocked, ho was really encouraged. : His Honour: Hnnft.v cueonras«c!. Ho '■ simply took the line &f least resistance. He found it easier to get money by forging tlian by woiidng. Sceinfi thai : : the only chanco of saving htm is hy'pufr; , ting Jiim untie" diseipHnc, I shal Is6n4 ; him to Invercargill f&r two years' re- : formatory treatment. Other Gases, Respecting a charge- of theft., eemmit- : ted in the city, Jeamiic Lyrmo (tot tflwia Mr. H. P. O'Leary appeared), »as sen* tenced to twelve months' knprisTOmcnt with hard.labour. Joseph Charles Talk*, ■ against, wiioni eighteen charges of hrcakfjig and entering and theft had ken proved, was remanded till this'morning. Mr. P. J< O'Eegah will appear f« Wai. DIVORCE COUftT, A WIFE'S PBtfflO^. Hilda Thomson ajrpl : i.cd for dissolution of her marriage with Albert Jehn Tli6.mson, a carpenter, to fi'lioifl sho was. married in Masterton faurteat flga. Tho grounds for the petition were habit-' ual cruelty and dfiiiifcenness The respondent did not appear'; and Mr. S. J. Moran, of Maste-rten, co-tinsel for the petitioner, stated thai all efforts' to trace him had failed, and it ffas eoiicluded that he had Zealand.. Tho Chief Justice granted a d.e*.r?«e nisi, to he made sifisolats in tliree months. . . ■ ■ : ■■