AN IMPORTANT QUESTION.

Gisborne Times, Volume IX, Issue 893, 16 May 1903, Page 3

AN IMPORTANT QUESTION.

DRIVING SHEEP*

Mr W. ACLANI) HOOD AND Tlll COUNTY COUNCIL.

Yesterday, tlie Cool; County (Council went into tlie question of driving •sheep.; The County Hanger (Mr A. Parsons) had on Way Oth written to tile effect that a mob of 1000 sheep of Mr Hood’s were herded on the road from Friday morning till late on Sunday evening. On the Saturday night, they were put in the Repongaerc yards, and taken out on Sunday. The sheep were sold at the Waerenga-a-hika saleyards. On Way KHh, Mr W. Aeland Hood wrote, stating that he had received a summons on an information, laid apparently i>y the Council’s Hanger, that lie on May 2nd grazed sheep on the road contrary to sub-section If> of section J 39 of the Public Works Act, IS!) 1. This section imposed a line of £a for grazing or herding sheep on the road, except in the course of ordinary droving. As he understood this summons was issued without the authority or knowledge of Hie Council, who very reasonably only instructed its niters to prosecute in the event of sheep being grazed three days on the public road, and as his sheep during the whole time they were on the road were in course of ordinary' driving for different business objects, he had asked Crs Harding and Clayton to authorise an adjournment for the summons pending the Council having an opportunity' to decide whether they wistied the case proceeded with. Mr llood gave particulars of the destinations 'to which his sheep were driven between April 27th and Way nth, slat-

ing they were taken in four different drives each for a legitimate and definile purpose. The ease was a very trivial one, but he anticipated no difficulty in showing that the action in question was in accordance with best general usage of ordinary droving. The sheep, 1000 wethers, had been driven from Arakihi to the Alatawhero saleyards, and then, in consequence of business, taken to Waeren-ga-a-hika, averaging eight miles a day during the six days they were on the road. lie pointed out that some four hundred thousand sheep would be frozen in the district this year, and as many stores use the road, and if the question were raised whether they were in the ordinary course of droving, 'it would lead to useless and expensive litigation. :Mr Hood was present at the mcclj„.r He submitted he was quite

within his right in driving the sheep, and tie thought it unqueslionab e. It was iih.surd that thirty witnesses should have to attend Court over such a ease. lie wished to get the Council's opinion on the question.

lie was charged with having stork ~n the road for three days, and yet (Hiring that time the Hanger never wen I near the speaker s drovers to ask where (hey were. Koine; or anyIhin.K about t hem. It seemed a scandalous state of things. Mr Clarion said from what he had heard the Hanger depended on hearsay for Jiis information. f rhc Clerk slated that frequent complaints had been made of the irra/in"- of sloek on roads, and he had come 'to get an information aid. 'phe case was set down for Wcdties

Cr CJavlon said that the same lliing might happen loanyfannei. il was not 'as if the sheep were tailed. The Chairman: r I he statement is that they were. He admitted that it might happen to any person. A man would not care to put the sheep in the yards in the middle ot the dav hut whether lie could tail them on' the road the Chairman was not Miflicienily versed in the law to K a> •_ Most people evaded the appearance (U tailing bv moving tlu*in on slight y. Cr Clayton : They . must travel live miles a day, T think. The Chairman said the position oi-

feted some difficulty. They had a J ranger with definite instructions given him, and he performed what he believed to he his duty, and the Council should always support their, officers. On the other hand, through over-zeal it was possible that a man might lay an informal ion. It was Hot their duty to needlessly harass anvniu*. Hut he would like to hear a little more about it before thinking of a withdrawal. Mr Hood said that if there was anv question at. all, lie would prefer tii;’it the ease went. on. A valuable public right was at stake, and he was j quite prepared to defend it. | Or (irav said he did not see how

llicy could (jiiiish the whole thins in face cl tlie ranger's letter. \| r Hood asked that the letters he kept, so that he could set them produced in Court. The Clerk, in reply to the Chairman said that liie ran ye I' gave him the complaint and he took out the summons. Cr Clayton Maid that. it woul,i be a dangerous thing to allow the ranger to run the Council into the risk of an expensive lawsuit. The Chairman said tint! the ranger could not issue informations right and left; lie must first submit the

matter to the Clerk. He moved th appointment, of Crs Gray, Harding Murphy, and the mover as a commit lee lo look into the matter.

The mol ion was carried, hut tliei the point, was raised as to the scopi of the Committee's work.

The Chairman compared the position to that of a grand jury saying whether or not there was a true bill, but Cr Gray held that the whole evidence must he gone into, and i Cr Murphy said it would mean the committee trying it instead of a Court. Later on Cr Murphy called attention to the fact that at least two of the committee were against tlio case being so dealt, ami it was decided, on the motion of the Chairman, to allow the case to proceed, the first resolution being rescinded.

Cr Clayton urged that apart from the ease the Council should be assured of facts before allowing a case to go to Court, perhaps involving them in an expense of LHlfl or L'iUII.

The Chairman said Urn Council would have to sit more frequently if ificy were to go into all the evidence on such complain!s, and Cr White I bought they could depend on the discretion of the Clerk.