COUNTY WHEEL BY-LAW.

Gisborne Times, Volume XIX, Issue 1539, 22 August 1905, Page 3

COUNTY WHEEL BY-LAW.

. The onsQ of tho County Counoil v. A. D. Hav, in whioh defendant was ohargod with breaches of tho county tyro by-law, was roaumod at tho Magistrate’s Court yB m%U appeared for tho County Counoil, and Mr G. H. Lysnar for defend--OIIMr Lysnar asked loavo to call ovidonoo to show that there was no spooial order, but os his Worship had already dooidod as to the validity of tho by-law tho application was rofusod. J. A. Hording said ho was a raombdr of Iho County Counoil, and also owned station properties. Ho had not boon in favor of the by-law in question, and did not think it a reasonable one as applying to tho road from "Waoronga-o-kuri. To his mind it did more harm than good, In reply to Mr Stook witness said he was praotically ono of tho informants in tho oaso. Ho considered part of the bylaw was reasonable, but a Gin tyro on certain roads ho thought unreasonable. Alfred Bond, farmer, of Ormond, said ho had been carting for 29 years. Ho did not think the by-law should apply to Waerenga-o-kuri. He did not think the ' by law a reasonable one, as with tho wide tyre a dray was apt to slip off narrow roads. The by-law should only apply to metalled roads. - The oxtra width of tyre

I would increase the draught so much that I a team ot three horaeß would have to be I increased to five. The wide tyres would I not save the road being out up, but in I times of rain would oause big holes to I appear in the road. He did not think I springe would eavo tho roads—the weight I was Shore just tho same. The average I width of a tyro was Sin for heavily-loaded I waggons. This would oarry up to sis tons. I A lighter waggon had tyres 2Jin to 2sin, I taking up to four tons. Tho average number of horses for a waggon with Btn tyres was five or six. The Waerouga-o-kuri road had a number of papa outtings, on whioh broad tyros would slip to a dangerous extent. I By Mr Stock: It was ton years sinoe I witness was on Waerenga-o-kuri. The baok roads wore in a bad state now, but to mprovo them the Oounoil should put metal on. If they could not get metal oarting should be knocked off altogether. Carters with the wide tyres would not be [.able to make things pay in the winter, i George Herbert Brown, oarter, Te Earaka, stated that since :tho passing of the by-law he had got a light spring waggon, with ,2£in tyres, with chocks under the springs. He did not consider that in thus complying with the by-law that the roads were Baved. The by-law was not a reasonable one. The roads wore so narrow that he did not think a dray would be able to stop on them at all in a shower of rain. He would not drive with wide tyres on the Earaka roads, as it would be too dangerous. A elip of ISin, i and a dray would be over the bank. The ! by-law would be reasonable on metalled < roads.

ByMrStook: It would not now be to witness’ interest to have the by-law repealed, as he was going out of the oarting. As a oarter he would rather knock off altogether than oart during the winter with wide tyres. W. D. Lysnac said the carting : to blB three atations was done with his own teams. The effeot of the by-law was to prohibit all carting on the back roads. The nnmber of horses required with the inoreased draught was prohibitive, and there was groat danger. He thought it would have been more reasonable to restriot the weight. It would be impossible to use the wide tyres on Waerenga-o-kuri road. The bylaw was also unreasonable in that it did not include bullooks, as bullocks were need in this district. He considered that the Oounoil had no power to stop traffic, as the by law practically did. Wm. Gibb, oarrier, Makaraka, George Barron, sheepfarmer, Matawhero and Mangatu; G. W. Habgood, carrier, Makauri; F. J. Lysnar, Parikanapa; Thomas King, sawmiller ; William Hay, farmer, Whatatutu; John Dever, carrier.Patutahi; Theodore Jnokson, oarrier, J. C. Field, sheerfarmer, Waimata, all gave evidence on the same lines as the preceding witnesses. . y .

Mr atock contended that the evidenoe submitted, was irrelevant. A by-law must be construed broadly, and the interests of a particular class could not be taken into consideration where the general good was concerned. The objeot of the by-law was to protect the roads. The County Couneil said they would not restciot carters from using the roads, but if they were going to cart within certain months of the year then it would be necessary to use a parti-

cular width of tyro. DeG. Fraser, county engineer, stated that it was at hiß suggestion the by-law arose. He took the width of tyre from his experience in other counties. In Pahiatua and Wairarapa North similar bylaws had, been in use. He considered the.by-law would protect the roads. It should be applied to metalled roads. Since the by law had been in foroe there was considerable improvement on the Motu and Waimata roads. There was no other practical way of protecting the roads. He thought that the'wide tyre by laws would bear heavily on Waimata road, but there were other ways of carrying without the wide tyre. Spriogs undoubtedly made it better for the road, and next year there would very likely be an alteration in the by Jaw to prevent them being chocked up. A. H. Wallis, chairman of the Waiapu County Council, stated he did.not know of any other effectual way than that adopted by the Cook County Council to protect the roads. He thought the by-law a reasonable one, and considered that narrow tyres injured the roads more than broad tyres. He had taken narrow tyres off bis waggons and put on broad tyres with the objeot of ] taking a heavier load. He considered that the draught was easier on soft roads if wide tyres were used, W. H. Tuoksr, ohairman of the Cook County Council, considered the County’s bylaw a practical way of meeting the difficulty, The load could be measured and the tyros measured, but they could not weigh the load. It was not the intention of the Council to absolutely stop trafifio, but they did not disguise from themselves that the by-law Would considerably, lessen traffio during the winter months. The Coast road was not included in the bylaw. _

A. F. Matthews, a member of the County Oonnoil, thought the by-law a reasonable one ( It was absolutely necessary to use the broad tyres if light waggons were employed. By Mr Lysuar : He thought it fair to apply the by-law to Waerenga-o-kurl. He did not think the broad tyre should skid so muoh as the narrow one. His Worship stated that he would reserve judgment, and that the oase against John Devpr would stand over in the meantime.