Poverty Bay Standard. Published Every Evening. GISBORNE: THURSDAY, MARCH 8, 1883.

Poverty Bay Standard, Volume XI, Issue 1293, 8 March 1883, Page 2

Poverty Bay Standard. Published Every Evening. GISBORNE: THURSDAY, MARCH 8, 1883.

The interminable question of Messrs. Common, Shelton, and Co.'s claim, based upon an agreement, made in ignorance of certain facts by the Borough Council, to a portion of the foreshore known as Read’s Quay, again occupied the major portion of Tuesday night's Harbor Board meeting. The question appears to us to lie in a nutshell. Neither the Council nor the Harbor Board have the power to lease any portion of the foreshore, but as the Council acted in ignorance (and if we mistake not Cr Tucker once asserted through Mr Common’s misrepresentations as to his legal claim) the only thing to do is to make the best of a bad bargain. And if ever there was a bad bargain made, it was by that sapient body the Borough Council. That the Council made the agreement is indisputable, but the Council now, as before, had no right to the property. On the strength of this agreement Messrs Common, Shelton, and Co. improved the premises they occupy, and, consequently, are entitled to some compensation ; but the question is how is the proposed fair amount of compensation to be arrived at. Cr. Tuckeb in a measure endeavored to clear up the difficulty, but his suggestion does not to our mind meet the requirements of the case. Our opinion is that the ratepayers should not be called upon to compensate Messrs Common, Shelton, and Co.; but that the councillors who made so stupid an agreement should pay what is to be paid, out of their own pockets. It may be retorted that a master is responsible for his servant’s acts, and the councillors are (although assuming often the position of masters) the servants of the ratepayers; but if a servant occupying a position of trust, by negligence and carelessness, causes loss to his employer, that servant is either dismissed or is requested to make good the loss. This is the nut to be cracked. We cannot blame Messrs Common, Shelton and Co for endeavoring to enforce the agreement ; and should the present offer be refused by them, litigation will assuredly follow ; but whether by being led astray, and soft enough to believe all that was told them, or whether through culpable ignorance, the Borough Councillors are to blame. We use the words culpable ignorance because men aspire to positions they are unable to occupy even if they attain them, and there are men now in the Borough Council who could not face a fourth form school boy in argument without being flouted. The ratepayers certainly elect them or neglect to vote against them, and their apathy in very many instances has cost them dear Over the present trouble with Messrs Common, Shelton and Co., the ratepayers must inevitably lose money. They have, in fact, already lost by not receiving the rental which should have added to the coffers of the Borough ; they will lose if Messrs Common Shelton, and Co. take proceedings at law ; and they will lose if the present proposition is accepted by the firm. But we say this loss should not be borne by the ratepayers, it should fall upon the shoulders of those who occasioned it.