Midland Railway Case.

Feilding Star, Volume XVIII, Issue 153, 30 December 1895, Page 2

Midland Railway Case.

VICTORY FOR the GOVERNMENT. (Per Press Association). Wellington, TnisDay. Mr Blake's award in the Midland Railway arbitration case was lifted this morning by Mr Geo. Harris, solicitor, for the Company. The award, which is. of a voluminous character, is entirely against the Company with regard to the first claim in respect to mining and timber reserves. Mr Blake holds the Company is not entitled to any damages, and holds that the seizure of the line by the Government was justified by the Company having been guilty of unreasonable delay, and there also being a wilful breach of contract on the part of the Company. Each party pays its own legal costs, but they divide the costs of umpirage. With regard to the first reference dealing with the reserves and actions of the Crown up to January 14th, 1895. Mr Blake holds the Company has not any claim against the Crown, or any right to recover any sum of money from the Crown. As to the second reference, claiming damages for the seizure, Mr Blake finds " There was such unreasonable and inexcnsable delay by the Company in the prosecution of works connected with the railways, and, also, that there was on the part of the Company, such a wilful breach of contract as, on either side, to justify the exercise of the 1 powers of the Governor to take possession and assume the management of the railway, and that, in his opinion, the power conferred under section 123 of the Act was rightly exercised. In his award Mr Blake confirms the agreement arrived at between the parties as to the land grants.