TE KUITI WATER PIPES.

King Country Chronicle, Volume VI, Issue 425, 23 December 1911, Page 6

TE KUITI WATER PIPES.

ARE THEY UP TO CONTRACT? COMMITTEE'S REPORT DISCUSSED. The report of the Water Works Committee regarding the pipes supplied to the Borough by the Spiral and Lock Bar Steel Bipe Company in connection with ihe Te Kuiti water works was presented to the council at Tuesday night's meeting. The report went fully into the whole question, and was to the effect that the pipes were not of the thickness required by the contract, and that the coating specified had not been given to the pipes. Certain recommendations were also made by the committee with respect to the position of the council and the engineer in charge of the work, Mr L. G. P. Spencer. After the report had been read Cr Lusk said as a member of the committee he wished to make a personal explanation. He had not signed the report as he was not personally cognisant of things which were stated in it. He also considered some of the comments too severe. With the bulk of the report, however, he did agree. The pipes were under guage according to the Birmingham wire guage which was used. If another guage was used the pipes might come pretty near the mark.

Cr Forsyth said he was told by the engineer that a Birmingham guage was used, and he accordingly obtained one to try the pipes.

Cr Hardy said he accompanied Crs Forsyth and Sims to guage some pipes and after trying a few he left because he was satisfied the bulk of the pipes were 13 guage. The committee had done excellent work.

Mr Spencer, who was present when report was read, took up the question of guage and satf the guage he worked with, and that used by Cr Forsyth were evidently different.

CrForstyh: Was your guage sup plied by the Spiral Pipe Company? Mr Spencer (indignantly) : I refuse to answer that question. Cr Forsyth: The question is one which is perfectly justified. If the engineer had given the Works Committee the assistance they requested in the first place there would have been no need to ask any such questions.

Mr Spencer: The guage was obtained by the council from John Burns and Co. some months ago.

A report from Mr Spencer on the subject of the pipes was read, the report containing a recommendation to the council to nay the Spiral Pipe Company's account as the contract had been completed in a satisfactory manner. Mr Spencer said that with reference to guages three varieties had been mentioned. The old Birmingham wire guage which was the largest, the Imperial standard guage which was smaller, and the new Birmingham guage which was smaller still. In no case did the Imperial guage go on any pipe at the 14 guage. He asked, was it not only reasonable to suppose that the small guage would bring the pipes within the specification, and that the company could prove it had worked according to the specifications. Cr Forsyth said that the engineer's report was incorrect in one respect. It stated that if he had appointed a man to inspect the pipes when they were turned out it would have meant additional expense to the borough. This was net so. Had an inspector been appointed Mr Spencer would have had to pay him, and the savingwas to Mr Spencer, not to the borough. As to the danger oE the pipes bursting: there was no danger. What had to be guarded against was depreciation, and in this respect the coating was most important. Some of the pipes were well coated, some were not, and a chain was only as strong as its weakest link. The specifications provided for the pipes being dipped, then coated with Hessian'and "dipped again. The engineer admitted this had not been done.

A pipe was produced by Cr Forsyth which he proceeded to demonstrate was badly coated by peeling the coating off with a knife. Mr Spencer said that when in Wanganui he was shown some pipes that had been coated as specified by him, and they were a sticky mess. He was satisfied the new method which had been adopted was a better job. Cr Forsyth: Did you not think if the pipes only got one coat instead of two the council should get some reduction in price.

Mr Spencer: No: it is a better job. Cr Forsyth: Why did you specify as you did.

Mr Spencer: Because I had no previous experience of Hessnn coated pipes. When I saw t\vi process at, Wanganui I was satisfied the method adopted was the best. The Mayor at this stage requested Mr Spencer to retire as the council wished to discuss matters upon which legal opinion would be required. In respect to the latter portion of the report the Mayor said it practically meant a direct charge against the engineer. Whether that was substantiated by the evidence was somewhat doubtful Regarding the matter of guage they had heard what the engineer said respecting - the matter and it appeared to him the whole question would hinge on that. Cr Forsyth: The whole matter would have been simplified had the guage been specified. The engineer had said a Birmingham wire guage and that guage had been obtained, Cr Sims said it appeared to him that if an inspector had been appointed the whole trouble would have been prevented.

Cr Foratyh said the coating was the most important point.

Cr Tammadge said he would like to be clear on the point as to whether the clerk of works should have been appointej by the engineer or by the council.

The Mayor said that the engineer ; held the council would have had to ap- j point the clerk of Works. There ap- : peared to be a doubt, and the council j would, of course, be guided by their solicitor's opinion in such matters. j

The borough solicitor's opinion on the position as then read, the opinion being to the effect that the borouj;!] had no case against the .Spiral l'ine Company and advising that the company's account should be paid on the engineer's certificate.

The Mayor said it appeared to him that the matter was between the council and the engineer, and that as fat- as the company was concerned the company's account must be settled. Cr Tammadge said ho agree;! with the Mayor that the matter lay between the council and the engineer. Cr.Finlay said at first he was inclined to agree with the Mayors suggestion, ''"he council had the opinion of; its solicitor that 110 grounds of action existed against the company. However, he would like to see an opinion on the legal points from Mr I. F. Martin, of Wellington, who was a recognised authority on municipal law. A doubt existed as to whether it would be held that the engineer was arbitrator as between the council and the company, tie -proposed that the contract be forwarded to Mr Martin, and that he be asked his opinion as to whether or not the engineer by that contract is appointed to the position of arbitrator so that the engineer's certificate that the contract has been sufiicietnly carried out is binding on the council to such an extent that it deprives them of any possible right of action for improper or incomplete compliance and the council has no right of action. Cr Tammadge seconded the motion. Cr Hardy said it seemed to him there were three factors which should should guide them in coming to a decision. The first was the matter of guage; the second was the rolling of the pipes as it affected the thickness of the metal. If the pipes were thoroughly finished and machined to gauge they would cost more. The third point was that in the matter of variation. A judge would be guided by the custom of the trade. The feature of the Mephan-Ferguson thin steel pipes was that they were capable of resisting great pressure. They had the opinion of Mr Mesteyer, who had probably the greatest repjtation in the world in these matters, that any slight variation in thickness did not affect the pipes in the slightest degree. Other experts of wide reputation agreed in this and he was sure a judge would decide with them on the point.

Cr Forsyth said the American guage which was the only standard established by legislation allowed a variation of 2h per cent. No trade custom would make a twelve guage pipe lo guage.

The Mayor said it seemed a perfectly wise thing to take other legal advice. They had to remember the council owed the company £4584 18s or. the contract. Even supposing they were entitled to anything from ths company it would be only a small fractional portion of this amount. He suggested an addition should be made to Cr Finlay's motion to pay the company's account up to, say, ,£3OOO. He had a strong feeling that if they did not pay the council would suffer eventually. Mr Hine, the borough solicitor, who was in attendance said he was quite prepared to say the council should pay on the engineer's certificate and would advise the council to that effect.

Cr Sims said he intended to move an amendment that the matter be left to the Legal and Finance Committee with power to act, after consulting the council's solicitor. This was seconded by Cr Hardy.

The Mayor said he had no doubt they would have to pay. The matter had been well ventilated and Cue rouncil should relieve the committee of any responsibility in the business. Cr Finaly strongly advocated the obtaining of another opinion. They were there to safeguard the ratepayers' interests ami nothing should be left undone to that end.

Eventually it was decider; to acid to Cr Finlay's motion that the account to the Pipe Company be paid with the exception of £1(100 pending the receipt of the opinion from Mr Martin. The amendment was then withdrawn and the motion put and carried unanimously.