THE NAPIER BOROUGH COUNCIL VERSUS THE COLONIAL GOVERNMENT.

Daily Telegraph (Napier), Issue 3800, 19 September 1883, Page 3

THE NAPIER BOROUGH COUNCIL VERSUS THE COLONIAL GOVERNMENT.

[To the Editor op ran Daily Tuleorapii.] gin,—From the proceedings of our Municipal Council it is evident that our Councillors aro under the impression that they havo a fair claim for compensation against the Government for unjustifiable encroachments upon the streets by tho Post-office, the Supreme Court building, and tho railway station, and as the recent action of the Government, by prohibiting the erection of a brick safe, is likely to lead to some lively discussion at the next Council meeting, it may not bo considered out of place to give the "history" of these encroachments, as this may possibly have the effect of modifying tho views of some of the Councillors. To do justice to tho question at issue, we havo to go back to the time prior to tho formation of tho Napier municipality, as theso buildings wcro erected when Napier formed an integral portion of the province of Ilawke's Bay, and when all roads were VfWed iv tliu Provincial Government. If it cdn be shown that the General Government has erected these buildings with tho consent of tho Provincial Gcnernment, in fact

that the Superintendent has consented to the encroachment made upon the streets, then the roads occupied by these buildings were virtually abolished, and the Council cannot claim them now. The Post-office, the first encroachment, was erected about 10 years ago. The General Government arranged 0 with tho Superintendent for the conveyance of tho lower portion of the reserve situate at the junction of Shakespeare-road, Hastings and Browning-streets, as the most convenient site. The Colonial Architect prepared plans with a frontage to Shakes- ! pcare-road in line with the present fence, but when the building site was pegged out, some of the leading residents in tho neighborhood (Mr 11. 11. Holder being spokesman) waited upon the Superintendent and represented that the building, if erected as pooled out, would greatly interfere with the traffic, which had for many years passed over that corner of the reserve. The deputation pointed out, that by encroaching somoV) feet on Browning-street, a " blind street " GO feet wide, tho difficulty would bo obviated. Tho Superintendent approved of the suggestion, the Colonial Architect had to niter his plans to suit the new site, and we have now a fair width at tho bottom of Shakespeare-road, which otherwise would have become a dangerous corner. The Government, which is now charged with "stealing" a public street, has gained nothing by the alteration, but it has suffered some loss by alteration of plans and by delay in tho building. The Court House was erected some 18 months later, then a slight encroachment on Marine-parade was sanctioned by the Superintendent, as there was no other suitable reserve available, but no great harm has been done here, as an inexpensive sea wall will protect tho reclamation of four times the area given up. On tho establishment of tho municipality, the Superintendent took care that the original Courthou.se reserve, now leased to the Eocrcation Ground Company, was made over to it, so that the municipality has certainly not been the loser by this encroachment. The third encroachment complained of is that caused by tho railway station grounds. The streets closed or encroached upon wore talcen possession of under the Public Works Act. Similar and even more serious encroachments have been made in several other towns, and those must be submitted to as unavoidable drawbacks of a station situate within a town. When Napier has grown to twice its present size, tlie.se streets may be opened again, as we may bo able then to pay irate-keepers, as is done in other large to\viiH. That tho Government by insisting upon tho .surrender of the Corporation offices is acting under tho full knowledge of these facts, which are all on record, is without doubt, and it is to bo hoped that our Council will not persist in ignoring them, but will recognise their true position, and yield with good grace, as by doing this the Government is more likely to make some concessions for the loss of tho present office.-*. —I am, &c, Chatotes Webke. Napier, 19th September, 1883.