Fitzherbert Road East.

Manawatu Standard, Volume X, Issue 1480, 14 October 1885, Page 3

Fitzherbert Road East.

For public information the appended correspondence is published, and will, no doubt, bn perused with considerable interest. Public Works Department, Wellington, 24th September, 1885. Sir,— l am directed by the Minister for Public Works to enclose herewith a copy of a petition received from certain residents and ratepayers in the Manawatu Highway District, respecting the formation of a portion of the road on the south side of the Manawatu River from the Palmerston Bridge to the Gorge Road, and to request you to show cause why the Governor should not in this case, exercise the powers conferred upon him by. Section 185, of the "Counties Act, 1876."—I have the honor, &c., —C. Y. O'Connor. Under-Secretary. The Chairman Manchester Road Board Feilding. [COPY] To His Excellency, Lieut-General Sir William Francis Drummond Jervois Knight Grand Cross of our most distinguished Order of Saint Michael and Saint George Companion of our most honorable Order of the Bath, and Governor of New Zealand. The petition of the undersigned residents and ratepayers in the Manawatu Highway District humbly showeth. 1. That we beg respectfully to ask that the powers conferred on your Excellency by Sub-section 2, of Section 185, of "The Counties Act, 1876," may be exercised with regard to that portion of the main Fitzherbert Road leading from the bridge at Palmerston to the Gorge Road which lies within the Manchester Highway District and delineated in red on the map attached hereto and marked AB. The grounds upon which we ask this are as followss:— A. This portion of the road is about three miles in length and is formed for about three quarters of a mile south of B. B. It is the continuation of a main road leading from a bridge built at considerable cost over the Manawatu river, and on which bridge no toll is imposed. C. This free bridge gives access to the large and flourishing town of Palmerston, but by re son of that portion of the road marked A.B. which lies within the Manchester Highway District, not having been formed and constructed, persons resident in Fitzherbert or whose business takesthem on that side of the river, deto go to Woodville and places beyond, or vice versa, by way of the Gorge Road are compelled to cross the river twice, once at the bridge and once at the ferry and way round, as indicated by the route marked in blue, on the plan attached, an unnecessary incon venience, expenses, and danger especially, folt by those who have cattle and sheep to driver to or from the Gorge Road. D. The portion of this road which has been made has been so made out of moneys, provided under the Roads and Bridges Construction Act, but this informed portion is bounded on both sides by land, the property of one owner who finds it more to his advantage that the road should not be formed and open to and used by the public. E. The result is that the public funds have been expended on a so-called m road, which has no outlet, of things it is lieved not contemplated by the Government when the grant was made under the Roads and Bridges Construction Act. F. The Manchester Highway Board re fuse to form this road. Your petitioners pray therefore that y ur Excellency will be pleased to order the Manchester Highway Board, now having as to this portion of the road the powers and duties of the abolished County Council, to make this road within two months, and it not then made, or in course of completion, that the same be made by your Excellency, and the cost charged against the funds of the Manchester Highway District. Dated this 18th day of August, 1885. Signed by the undermentioned petitioners, residents and ratepayers in the Manawatu Highway District.—Signed, C. Lemon, and 65 others. COPY . Manchester Road Board Office, Feilding, 29th September, 1885. The Honorable Minister for Public Works, Wellington. Sir,—I have the honour to acknowledge the receipt of your letter of the 24th September, enclosing a copy of a petition received from certain ratepayers and residents in the Manawatu Road District, and asking the Manchester Road Board to show cause why this case the Governor should not exercise the powers conferred on him by the 185th section of the Counties Act, 1876. In reply I have the honour to point out that the road in question never having been declared a county road as provided in the 81st clause of the Public Works Act, 1882, does not come under the operation of the 185th clause of the Counties Act, 1876, and that the Governor has no power in the above respect over district roads which the road in question always has been and remains. An attempt was made before the Act was suspended in the County of Oroua, to have this road declared a county road but the councillor who gave the notice of motion did not appear to support it and the matter dropped. It cannot be contended that the mere fact of the Road Board when the Counties Act is suspended assuming the functions, powers, and duties of a County Council, under the 14th Section of the Counties Amendment Act, 1882, alters the status of all ads from district roads to county roads although the petitioners in the last paragraph of their petition appear to think so. The Board, no doubt, has under its extended powers power to declare any district road to be a county road under the 81st clause of the Public Works Act 1882 but this power has not been exercised with regard to the road in question, and until it has the Gover nors power under the 185th clause does not apply. It may again be contended that the 8th clause of the Roads and Bridges Act, 1882, constitutes this a county road, at least the petitioners ap pear to hold this view, judging by their reference to expenditure made on the southern portion of the road. I think this view is very doubtful, even with exclusive references to the portion of the road for which a grant under the Roads and Bridges Construction Act is obtained, and on which it is spent, but in the case of that portion of any road on which no expenditure has been made and for which no grant has been given no alteration of its position as a district road can by any stretch of interpretation be held to have taken place. So much for the purely legal aspect of the question which, in itself, if my, representation be correct, is a sufficient cause why the Governor should not interfere in a purely local matter. The equitable side of the question as it appears to the Manchester Board, is this— The request of the ratepayers and residents in the Fitzherbert district, not many in number, means that the ratepayers of the Man chester Road District should spend between £2000 and £3000 on a road which would not benefit a single ratepayer in that district, for the benefit of the Fitzherbert District. To do this even if their financial position were such as to justify them the Board would have to do a great injustice to their own ratepayers whose needs are as sore and pressing, or even more so than the Fitzherbert settlers. No refusal has been given to make the road, as alleged in the petition, by the Manchester Board, as no request has ever been made to them, the petitioners from their local knowledge, well

knowing the absurdity and unreasonable nature of such a request. The remedy, as has been frequently pointed out to the Fitzherbert settlers, lies in their own hands. As the road benefits the ratepayers of the Manawatu District solely let them make it, even though it lies within the boundaries of another district. The Manchester Board has followed this course in the case of another road living along its boundary line, and no objection would be even thought of by that board were the Manawatu Board for its own ratepayers, interests to propose to make the three miles, which they now wish made at other people's expense. The Manchester Board is aware that very strong pressure is being brought to bear by influential property holders in Fitzherbert residents in Wellington, to force the expense of the construction of this road on the Manchester Board, but the Board trusts that after this representation of the position of affairs the Governor will advise the petitioners to take the obvious and equitable course of making the road themselves, instead of trying to force their neighbors to do it. — I have the honor, &c., D. H. , Chairman of Manawatu Road Board.