MR. GRAVES'S DAM.

Oamaru Mail, Volume I, Issue 139, 30 September 1876, Page 2

MR. GRAVES'S DAM.

A special meeting of the Municipal Council was called to-day. at one o'clock, to receive the report from tiie Engineer on the state <>f tiie dam at the Phoanix Flour Mill.

There were present—His Worship the Mayor, Councillors Headland, Bee, Galbraitb, Mainland, Morton, Scott, Graves ; Mr. M'Leod, the Council's Engineer ; and Mr. Balmer, Solicitor to the Corporation. The" Mayoi*. stated that he had received this morning a report from the Engineer regai-ding the state of the dam at the Pi.cenix Mill. It was on the strength of this report that he had called the meeting. He was not sure whether tlity could as a Council consider tSiis question ; but if not, he should consult each member of the Council as to what action Should be taken, and as Mayor he would take the responsibility of inquiring into the matter. Councillor Grave here stated that he should take m> objection to the object- for which the meet'ng was called. T.;e Mayor then consulted the Council's Solicitor, and found that a special meeting of the Council could be called when circumstances rtquiivd such a course. The [ Engineer's report was as follows : " Engineer's OPtice, "Oamaru, 30th Sept., IS7G. "To His Worsln'p the Mayor and Councillors.

" Gentlemen,—ln accordanco with the resolution passed at your last meeting, relative to tue subject of Mr. Battersby's letter, I have waited upon Mr. Grave, who kindly has given me full explanations as to the works now being carried out at t e upper drain or Reservoir above the Phoenix Mill. .-: "I have also examined the embankments

and works, and consider that, as they now stand, they are liable to be destroyed, s ould any wet weather set in, and the consequences be very serious . " I have recommended Mr. Grave to lower the level of his bye-wash, to relieve the pressure against new work being put on.—l am. &c, "D. A. M'Leod, ''Engineer."

His Worship had also received a verbal communication from the Engineer to the effect that if there were any rain the works would not stand the pressure, and it was possible that 100,000 tons of water would come rushing down the creek. Mr. Balmer did not consider that the Council could take any action in the matter, as the dam was on private property, and, therefore, it was not a matter for the Council to consider. Councillor Headland wished to know if a private individual could not restrain Mr. Grave from continuing work on the dam ?

Mr. Balmer : A private individual could certainly apply for an injunction to prevent t'le work goin;j on. Councillor Mainland would like to know if t!>e dam were washed away, who would be responsible for the damage done? Mr. Baljier : Mr. Grave, of course. Thu Engineer explained that the new work was very spongy, indicating leaks in the dam. If heavy weather came on the structure would be dangerous. The fact of the dam leaking was the principal objection. If the water were lowered it would render the dam safe. Councillor Grave wished most distinctly to inform the Council that he did not intend to lower the water; and if they wanted him to do so, the Council would have to pay him £3OO compensation. There was now 13ft. of water in the dam. If t!ie Council wrote to him and stated that they had been informed that the present condition of the Phosn'x Mdl dam was in an unsafe state, he would be happy to do what he could to render the work safe.

Councillor Headland thought the Council would not be doing its duty unless they wrote to Mr. Grave as to the state of tiie dam. He (the spjaker) siiould like to lenow why any private citizsn s lould have the right to erect a dam which mig it sweep away a town, without having the specifications approved of by some competent person. He was quite willing that the same restriction s.iould apply to the Waterworks dam as to any private party's dam.

Councillor Bee would like to ask the Solicitor through the Mayor, whether there was any Act in England regarding the construction of mill dams.

Mr. Baljier replied that there was ; but he did not think it would apply to the Coloui s.

T'ie Mayor explained that the English law was passed some time since regarding dams, but it was in connection with the conservation of Salmon Fisheries.

Councillor Grave thought that the whole question regarding this dam had been bi-ought about because the Council had not used Mr. Battersby's stone.

The Mayor : I scarcely think that Councillor Grave is justified in making sue i an assertion as tiiat.

Councillor Grave explained that the dam was not completed, and it was scarc?ly fair to pass an opinion on an unfinished work. The same remark applied to an uncompleted house ; if the walls were not well tied in, and a gale came on, the building would fall. Councillor Headland moved, and Councillor Bee seconded, the following resolution, which was carried unanimously: " That the clerk write to Mr. James Graves, and inform him that the Municipal Engineer having reported to the Council that the dam of the Phoenix Mill is in an insecure state, they hereby request him to take immediate steps to remedy the same." Another resolution was carried by three votes to four, regarding the construction of dams in iN'ew Zealand. As the resolution is not likely to become law, we save time and trouble by not publishing it. Tiie Council tiien adjourned.