FOXTON AND SANDON RAILWAY.

Manawatu Times, Volume III, Issue 56, 12 July 1879, Page 2

FOXTON AND SANDON RAILWAY.

Councillor RoozstbOW itated that, Mr./ Christopher Simpson was m -attendance, and wiß^d-i-Q^add---gfla^iy->^^-^^ TereaicTfotbe Foxton-Saason Railway. Councillor Sanson opposed Mr. Simpson's being heard until the Council were informed- as' to the nature of Mr. Simpson's ., intended remarks. ; ■'■'■'■. ,3 w " .-. '• • ■..-■ : Councillor Rookstrow said that :; Mr.; Simpson wished to ascertain from the Council whether the requisite plans, and papers had been deposited with the, Council within the time specified by the Act. y n . .0 ; : Councillor :■ Sanson -.cob tended that^it . was not competent for the Council to, offer ah opinion on such a question^ „It was too late at that time for Mr; Simpson to bring the matter forward. If. Mr.. 'Simpson-had any objection to. urge, they should have been; laid before the Railway Committee. ; . The. Chairman said that . it was quite competent for the Council to discuss any question affecting the and to express its opinion thereon", whatever that opinion might be worth. He was surprised that any objection had been raised by the promoters of the railway. If everything were straightforward he should suppose that they would be only too glad to-have the fullest investigation. •* Councillor Sanson, notwithstanding the Chairman's ruling, contended that it. was not competent for the Council to discuss the question. After some' further remarks from several councillors, ' Councillor RooKSTROyv moved — "That Mr. Simpson be allowed to address the Council repecting the Foxtan-Sansbn Railway. Councillor Lottdon seconded the' motion, whioh was carried. Mr. Simpson then came f oward and ■ said he wished to know whether the plans and i papers relating to the Foxton-Sanson Railway had been deposited m the. .Council office, m accordance with the provisions of the Act, ••■■;,_ . The Chairman said that he was really unable to give the information sought. He certainly had seen some papers referring to the railway, but could not tell whether they were all that were required. "After the matter had been discussed he would reply to Mr. Simpson by letter. '' '' : - - : ; ; '- '■': Mr. Simpson, after thanking the Council for their courtesy, withdrew. The Clerk, on being appealed to, said that one of the plans had N been deposited on the sth 'May, but the other plan was not sent m until several days.after. , Councillor. Halcombe said that notice of classification should have been put m with the other papers. Councillor Sanson explained that everything had been done that they were able to do. If an extension of timewereneeded to rectify any error or mistake, the; Government would grant it. The schedule of tolls, had heen forwarded: m time, but by an oversight one of the plans bad been left out of the envelope, but as soon as the mistake was discovered they lost no time m rectifying it. Councillor Rooestrow said that he would support the railway, but felt himself compelled to bring tho matter forward. The ninth and eleventh clauses of the District Railways' 1 Act made it compulsory to. deposit the papers within .a certain 'time. This had not been dona! There was another point to whioh he wished to refer. ;At a meeting Of directors it had been . agreed that the rate should be levied at sq much per acre, but they were not empowered to raise an acreage rate, which -in some cases would come to 2s. 6d. m the £ pn the 'present valuation. He was vry sorry that such a mistake had been made with regard to the plans ahd papers. He thought the Council should stop further proceedings until the . deposit of the plans and papers had betu IfgaUscd, as he, wa«id«wd it wm

their duty to protect the ratepayers m so important a matter. Councillor Halcombe thought that they had ample evidence that the papers had not been deposited within the time prescribed by the Act. The Chairman regretted that a mere legal technicality should interfere with the railway, but still it would be much better to have everything on a legal footing. . Councillor Kebbelli did not we the use of lengthened, discussion. The matter narrowed itself into the question— were they, or were, they not, deposited m time?. Councillor Sanson said he had objected to Mr. Rockstrow's interpretation of the Act. In like manner the Railway Committee had preferred to take professional rather than" lay interpretations. The Company had a solicitor, and had acted upon his advice. It was true that an, oversight had taken place m. Omitting to forward one of the plans with the other papers, but it had been sent down a day or two afterwards. Councillor Rockstrow was m error with respect to the fate being an acreage rate; It had been agreed that Foxton ahouid pay £160 and Sanson £100, or first-class rates. The other lands were divided into several, classes, and paid rates of so much m the £, calculated on an acreage basis. He (the speaker) had abundant evidence to prove that the plans had been out months' and months. Letter** objecting to the rates had j been received months ago. However, there [ was a saving clause which gave the Governor power to extend the tune,, if necessary. It would be a matter of regret if a mere technicality should involve the waste of the money already expended m preliminary work. This was about £300, and it would press hardly on the directors if they were called upon to pay this sum over again ! through a mere technicality. Councillor Rockstrow -was . altogether m error. respecting classification, and he was sorry that any councillor should have made BUch statements as had : fallen from him. The Go- ;■ vernment had . been applied^ to for an extension of time; and he trusted the Council; would not take advantage of such a trivial technicality. ';-- The Chairman said the Council had every right to ixpress an opinion upon any matter. ' ■ -I ■'.■''■■*'.. :; --: ,: , ': : \ ':-'.- ■■'.'■ . Councillor Haico'mbb thought that the matter/lay m a nutshell. ■ The Act provided that that certain things should be done. Those things had not been done. He was 1 .. sorry, for Mr; Sanson as one of the promoters of the Railway thatthe Act had not been complied with. The further the matter was gone into the more it showed that they had had', very- inefficient' legal assistance. T|iere was another point to ' which he wished to draw attention, and that was the , rating. "He considered that it was; very un- . fair that liiids should be rated Recording to their distance from the' -railway line.; It was well known that m some parts the' land adjacent to the line was of little' value, yet .it was rated at a higher value than ; better j land at -a greater distance. In fact the lands included m the same rate were of j various values— ranging from £1t0.£5 or £6 per acre. Then,' again, as to the qeiestion I mcjre immediately before them, the resolu? tion asked the Council to affirm that every thing bad been done m accordance with the Act. It was monstrous m the face of direct evidence that the necessary documents had j not been deposited, that the Council should ' be asked to pass such a resolution. The Chaijbman said that he should oppose the resolution, and for the reasons advaaced. j by Councillor Sanson m support of it. He had ! stated that ouly seventeen ratepayers had j objected, but if all thedocuments'had been deposited m the proper place, and at the | time, more objections would have been forwarded. He thought it better; that | the directors should. be put to a: littlo.:_expehs"eY _^u>«.Hi^t tb» T^i^p^y*r*~" c ; lA ""^ a tw^BallCeT**" upon to make good the .directors' mistake, and it would be much better for, them to ; get the pipers legalised. It was hot fair to the Council to. ask them to pass a resolution they knew to be false. r „pouncillor Gbwßß . observed ; that the whole feeling of the country at large was so vtnuch m favor of the railway, that though the*mistake, was -wrell known,, had not Councillor Rockstrow f^malte it public, no, notice would have been, taken of it. Howlever, as the fault had been committed, and 1 made public, he could not support the resolution; It was, however, rather Jnard • upon the promoters, who suffered * through the laches of one. He denied the right of the: Council to give an opinion, and suggested 'that the motion ha laid aside. - Councillor Ebbbsll regretted that he could not support Councillor Sanson's motion. He thought no other answer could be returned to Mr. Simpson than .that the papers had or had;, not been deposited m time. He -contended that - the Chairman had been; out ot o-rder m allowing a stranger, to address the Council. (Heai\ 'hear, from Councillor Sanson.), ; ; -...-■'"'■ ; . : The CHAIRMAN reminded Councillor Sanson . that it "was dhljr ' ov a resolution ol the; council that he had done so. .. Councillor Sanson admitted that it was, : as the Chairman had said, only on- a, resolution of the Council -that Mr. Simpson hadbeen allowed to aSk the question. He was sorry that so much bad been made of so little, for the plans and papers had been open for inspection at Sanson, if not m. that office during the time prescribed by the Act. If an act of injustice had been done, to anyone, he would, not ask the Council to -pass the resolution ; but they must -all acknowledge that the. spirit, though* not 'the letter of the Act had not been complied with. If the Council would, sanction the alteration, so that it should read— _," that the spirit of the Act: had been complied with," he would' amend it. The Chaibman considered that it. was too important an alteratio*n to allow of such a course. Fb*r His own part, he did not think that even the spirit of the Act had been complied with. But if Councillor Sanson thought that the alteration would enable any one to vote for it, it should be done by way of amendment.. Councillor Goweb said that he would -road an amendment, which ho should propose later on. — ''That m Hhe opinion ,, of thisi Council .though the letter of; the District Railways Act had not been complied w i fc b, its intention had been met by the deposit of -needful plans and maps, especially as this was done m two other notice places, namely at< Sandon and Carnarvon." '.- / ;■ OoUncUlor LotrDOJ? suggested that Opun- ! cillor Sanson should withdraw his motion. ' ;'."'; ;■...-■". --- ■;■'■'■■(- M - -- -'.-t.:-' -..'.■'. Councillor Haxoqmbb. , opposed such a course. *y ;• '-■'" - /^- ■ Councillor Lottdon then ; formally moved— *"'V;*" ■'. :.■'■-■.';■■;;', - '■' V '< That the motion before the Council be withdrawWf: ;■'.*•'' Councillor Sanson seconded the resolution. ■ '"- ■■'.';' '-■_■;••; \: ;'.-■'., Co\meillor Hai^ombb opposed- it on the ground that a: ratepayer, believing that he had a. grievanoe-^and : he , (Counpillor. Hair, combe) believed a substantial grievanceshad coma to . the Council for information which could not be obtained except, through the Council, and it was tha obvious duty of the Council to give the information sought for. The Council was asked to-con-ceal the miserable blundering of thevßailway Committee on : the . grwnd th»t their action had always .been fair and above aboard ; that tb^ spirit of the Act had bee.n^ oompued with i and th*t ail th« Mttliw *f^

fected were auxious that the work should proceed ; and Councillor Sanson was pleased to attack himbcaui-e of the action, he had taken. Had- the action of the promoters of the scheme be imfair and above buard, br would not have offered any opposition. The action of the promoters of the scheme m burking. Mr. Simpson's inquiry, and (en - deayorihg to make the Ck»imcU- affirm what was contrary to fact, was oluy on. a par with almost everything else that had been done. Some ot' the Oounciil'ors had> probably read the story of the Gleumutoukin Railway Uompany. Well, that Sandon Railway was very much of tha Glenmutchkin Order. I'lie representations made to the publio, - on the strength of which they > were asked to take up snares, were utterly unreliable, The great argument m its favor Was that

it was sure to be part of the Main . hue. which was, to say tile least, most problematical. Shareholders were asked -to subscribe on tho ground that a large number or shares had been already Ukeu up— £ooo was the number asserted— yet at a late pubhc meeting it t-ranspired that the whole'of the subscription on account of these '4000 ' : shares was £264, or some such amount. * Well, if subscribers did not make formal '"■<• application, and pay up their deposit, what guarante* was there that they would taka up the. shares set against their, names? '" Then, again, as to the proposed rating. In , the firit place, be believed* the acreage rat* 4 " ' proposed was illegal, and if Ljgafit waa " monstrously unfair that lands varying m value from £1 to £s— and there were lands -1 of that difference m value along ;"liie line— should ali.pay the Bame; rate. Then, as to i'*" the ratepayers' view ? of tho matter. Thar* - were objecters, one of whom had been b«- v '".'' fore the Council. Had they, hs would ask a chance of justice being done them ? No - for by some extraprdinary influence on the Government, Mr; Sanson, the chief promote?** the railway^ was also th* Revising ,' Officer i and Mr. Gower, the neifc proini- - nent promotor, was the Presiding Officer '<\ at the voting ; and ; he (Councillor Hal* ' ; combe) was prepared to jprove that' Mr* V Sanson^ m his capacity .of promoters had made- private arrangements, with "some oi •-" the objectera giving wayto <h«m r m order "■'■■ to get rid of their opposition • and had en- - gaged that he, m his capacity of Revwin* ' Officer, would carry out their private m» 'i ' : rangements. What chance then- had- out- ■=■"■ siders,,like Mr. Simpson, getting justice done to them,, when that waivthe case 1 " Mr, Sanson, as promoter, havrngsquavied-, the chief objectors and secured their votes fr snapped his fingers at the rest of the object tors j and'what chance had they^of a fair ... and impartial bearing before him 'a* Judga.of the Revision Court. - Again, th« i ; shara- : holders were told that they were never to be called upon to? pay up more- Ithab: £ria V the £5, which was tha amount ofthe-sharesy ■. and he (Councillor Halcombe) bad been m- v formed that Mr.; Sanson had guaranteed - that such should be the ease as' an induce- . ment to. persons to subscribe. , What .legaL., rightjhe should hka to Iraow; had h M-fc ■ Sanson or the directors to make such an. affirmation ; S\ipposmg,that the railway did not pay working. *xpenses,4-which; it bably wbuld not— what would such a guarantee be £ worth ? He (Councillor Halcombe) had every sympathy .with Mr. Simpson,- whose case was one of special hardship, for he had a railway at his door, and had paid m the price paid for his land £1000 or £2000 hard cash for it; and now he was forced to contribute i a -disproportionataaud large share of anualgtaxation for this line. Ha (Councillor Halcombe) ■called attention to the state of the railway ; papers and plans deposited, and .pointed out that they were unsigned ; that they had; no reference to;.each other or the raiw'ay ;• that they werej m hardly auj-Lrespect ~ - JA acc.OrdanTße_Wth^» v Adt'^ and that tha v pTaii showing the claissiflt»t&>n^--whicfi viae; ' •the most :*uuportantrpip« to the rattpayer*' —had only been deposited two or three days before. ; , ;.-,.. CouuoiUor Loudon^de^r^tedde^ay^r being interposed by the Council m the matter of the railway; yy : r- J ■ Councaior GbWEB hoped that the motion, would be discussed on its merits, and that, no irrelevant topic would be introduced.^ Councillor Rockstrow was of opinio^, that the motion, if c»wied k would only maka.; matters worse. ''"'':." >■ " : '-":'.'->'? ! >^--: : :y. '. The Chairman opposed tha motion- l!ti thereJiad been any, omission m the deposit-, ing Of the plans and papers, it would be better that the error should be rectified. Suolv a course would only entaH a delay of thirty days, and to work coedd be don* m that time-.. - .:>;'-■:' '/:■■■-.. .'- ;. : .-iy:y The Council t*hen^.dmded^ whenS ther»-r appeared^Ayes - S^Ckiuhcilldrs Sanson* Gower, Rockstrow, Loudon, and -Kebble* Noes, 3 — Councillors Halcombe, Carr, 'sauk' Maearthur. , _"■ ..--.--? : ... ~.i; . Th«.niotiou was therefore wishdrawn. 'y Councillor Gower moved, as a substantive ■.• motion-jtlie amendment he had previously read; and .-, .. '%^ff;. ; *•',:■ .- "■'-; ;. '"', !; '■';."..'-. . Councillor Sanson having ■•oonded th# same, . ,:.:.■..-,,'...:; : . t ... -'■/.;:■;*; ;•,■'"•'■ The Council adjourned un^l seven. o';c)aofe; „, - \'-'Sy-:.. : . '.',"... v ,v .-,--'