HARBOUR BOARD.

Poverty Bay Standard, Volume I, Issue 3, 1 November 1883, Page 2

HARBOUR BOARD.

The ordinary fortnightly meeting of the Harnor Board was held iu the Council Chambers on Tuesday evening Present— His VVorstiip (E. K. Brown) in the Chair, Members Townley, Lewis, Tutchen, Kenny, Joyce, Hepburn, Brown, Smith, and Tucker. The minutes of the previous meeting were read and confirmed. Outgoing Correspondence. The following outgoing correspondence was then read from the Board to Mr H. E. Johnstone : — Sir,— The wharfinger has informed me that there is an account against you for the sum of £8 12s fid, for which he has been unable to obtain payment. I have now to request you to pay the amount without further delay, otherwise 1 shall have to cake legal proceedings for its recovery I regret that your action in the matter, and the absence of any explanation from you, has made it necessary for me to interpose in the settlement of an account between yourself and the proper officer appointed by the Board for the collection of dues. I have, &c,, J. Bourke, Secretary. Incoming Correspondence. The following letters were then read— From Mr Webb, stating that he had sold his right and title in the “ Standard ” to the proprietors of the Telephone, and asking permission to be allowed to publish the Harbor Board advertisements in latter paper. Member Joyce proposed, and Member Smith seconded that Mr Webb’s request be granted.—Carried. From Messra Wells and Gardiner, explaining the reasons which caused delay in commencing the new wharf contract, and asking the Board to remit the wharf dues which had been imposed on the timber, whi h had be»*n landed for the construction of the same, as they had never contemplated such a charge when contracting. Member Lewis moved, and Member Tutchen seconded, that all the dues charged on the timber for the erection of the new wharf be remitted. Member Townley asked the Board to pause before doing this. Looking at the by-laws he did not see how they could do this. Why should they remit ihe dues on this timber any more than for any other building? If they did this in the present instance they would soon have plenty of similar applications coming in. Besides, he did not think they had the power to do so. Member Lewin could not see that it was right to enforce the dues on the material to be used in constructing the, new wharf. Member Tutchen did not think they could reasonably charge wharfage for the timber to I

be used in building the new wharf. Mr Gardiner could never have contemplated suchathiig. Member Townley moved os an amendment that uo charges be remitted. He thought the charges had C|uite as much right to be enforced in this instance as well as in any other case of constructing buildings. He could see no distinction.!. The matter required more consideration tnaii it had received at present. Member Smith thought the Board should enforce the dues on all that had passed over the wharf up to the present time, but tha| permission he given to the contractor, on application, to land free for the future* Member Joyce could not agree with th(j Hst Hpeiker. If the Board nad power to remit in the future they could do so in the past He did not see how they could do otherwise than enforce the dues in every case. He would second Member Townley s amend* ment.

Member Tucker would vote that they do remit these charges. He did not think It right, for dne moment that the ohargee should be enforced. The Board should give every possible facility to the contractors for carrying on their work. Member Kenny called attention to section 3of the Harbor Board rules In the face of these he did not see how they could remit the dues. To remove any goods from the wharf either Inwards or outwards, it Wai necessary to the receipt of the wharfinger. To remit the dues in question would be a direct violation of the constituted laws. He quite agreed with Member Joyce that the Board had absolutely no power to remit harbor dues. The only way of meeting the difficulty was to receive them and then hand them back. He should vote with Member Towhley On Member Townley's amendment being put to the meeting it was carried by fl to 4. Member Smith now rose and moved as an amendment—" That the wharf dhel be enforced on all material landed up to the present time, but that special permission be granted, upon application, tn land the remainder of the timber for this special contract free of charge. Member Lewis thought the passing of the foregoing amendment a very dangerous precedent, and there could be little doubt but what it would be the forerunner of numerous other applications of the same sort. Every contractor who had a building to erect would consider himself .entitled to the above exemption. Member Kenny should vote with Member s mith as there was a great distinction between the material for the new wharf, and that required for other buildings. Member Joyce did not see the use of Member Smith’s amendment as the matter had been de tit with by the previous motion. Member Smith thought it best that a reply be sent to the contractor, informing him that the material might be landed at any other than the public wharf free of charge, providi ig he wrote to the Board asaiug permission.

Member Tucker thought it looked somewhat strange that they should pitas a motion to the effect that a certain person should write a letter to the Board. He thought the matter quite simple, and he did not see now the contractor could land the timber without coming the over wharf. For his own part he would sooner break the law t .an do such a thing us to enforce these charges. He would sooner pay his share out o' his own pocket. He would be ashamed to be a party to such an action. A considerable amount of discussion now e"sued between the members of the Board m to which were the original motions, and which were the amendments, several membes having made amendment upon amendment. .n rapid succession, until the whole got considerably mixed up.” Member Tucker would ask members to oon* sffier what, effect this would have upon the Gisborne public. He would sooner pay a few shillings out of his own pocket, than such a violation of common justice should be done. He moved that the Board rescind t’ie motion which had heen passed, and remit all charges on their timber.

Member Lewis seconded this motion. Member Town L-y said the Board would fail in its dtr y did it not enforce the charges. It wa- a question of principle, and they must adheie to their rules. He should strongly oppose the rescinding of the amend<nent. ft seemed to him that the matter of the charges was a v.-ry paltry one. >ome discusson here ensued as to the p ‘wers of tiie Board to rescind a resolution at> the sa>oe sitting at. which it was passed. Member Kenny said he felt strongly that the Board wa* quite competent to rescind any motion passed at. the same meeting provided all were unanimous. At the same time he should vote against Member Tu ‘ker’s motion. On Member Smith’s motion being put, it was lost.

Member Smith then moved, and Member Kenny seconded, that the dues be enforced, hut that attention be called to the by-laws on the subject. Th- following letter was then read from the wharfinger

Gentlemen,— l desire to call your attention to the following circumstance :— On the 20th September the “ Elibank '’astle” arrived here with a cargn consigned to Mr H E. Johnston, a small portion of which whs landed on the beach, without your permiss on. and on this p »rtior>, Mr H. B Jehn'tone refuses to pay the wharf dues. I feel it my duty as wharfinger to acquaint you with these facts in order that you may. if yon deem it advisable to take steps to recover the fees refused by Mr Johnston, and at the came time to prevent a repetition of the offence. —I am, 4c., J. Bennett. Wharfinger. Member Kenny proposed that the consideration of the letter be postponed -until the result of the communication from the Board to Mr H. E. Johnston was known. Tbe following letter from Mr Johnston was then read :— Grntl men, —l wish to bring under your no l ice the reason why I object to pay the full w! arfuge on a cargo of coals and strainers, ex “ Elihank Castle ” from Naoier I have rencHt dly t*»nde'-ed the wharfinger’s clerk the wh*riage on 'he goodsex this vbssel that wen* lande < on the wharf but he has refused ea<-h time to take it, unless I pay 8s fid for 5 tons of coals and some s'rainers that were landed on the beach in fro»*t of my yard. When the vessel arrived there was no vessel accommodation for them, and as the goods were urgently wanted. I had to land the above on the bea**h. I hav** to put up with a great many insults from the wharfinger. It whs only last Saturday that, he refused to allow me to ship some goods by the Waiapu, unle-s I paid the amoun* in full for the cargo e< Eli bank •'as'le. On takvg a witness to prove that I had tendered the wharfinger’s clck the wharfage on them, they were allowed to be shipped. I pay a large amount of wharfage. I hope you will instruct the wharfinger in future to show me the same consideration that he does other importers. I am, 4'*, H. E. Johnston. Member Kenny thought it best, und r the circumstances to wait, until it was seen wh ther Mr Johnston paid the dues demanded or not, 11?. in t'-e event of his not doing so, the matter must be put in the hands of the Board’s solicitor at once. The wharfinger

('rrUiniy wr ng m «nv Btfj’ey him. lie would move that the wharfinger be imtructed to take all moniei proffered him. Member Smith thought this a serious question. He should like to have the question settled as to whether any person could b»nd goods at any other place other than the public wharf, without the written sanction of [he Harbour Board. ■ Member Tutchen seconded the motion. Member Lewis thought the motion good with the exception of the latter part. He ■I thought it entirely wrong to authorise the Wharfinger to alter the printed receipts in ■ any way whatever. ( f Member Tuckef agreed with, the last speaker He thought the alteration thigh* lead them into fLffioulties Trey should go a We more mtn detail. The receipt should |™> the particulars fnr which it whs given. Member Townley did not see the utility of the latter poriion of the motion referring to Receipts. It wou,ld lead to complications. He wijitld. litre the latter portion of the mo’ ion left out. f. Member Smith agreed with the last speaker. The motion was contrary to all precedent. He hoped that Member Kenny would withdraw the la’tor p rtion of his motion. Member K*nny was quite willing to do so, but Jd* seconder, Member Tote inn, objected. Member Smith thought the question of L. landing goods at other pUces than t‘> mb', jo, HfcWw’i&rf should be fought out at on<>e. He Bflwoul-I more that the question be postponed f until next meeting. r Afja.bux Lutria secouded the motion, which was carri d. A let.fr r was n p xt read from Mr Orr, complaining that he had b en c for a full : tons of tallow on several occasiucs when ne had only sent a few cwt. Member Lewis did not see why any one should be charged for a full ton when he Italy shipped a smaller quantity. He thought the tariff on tallow was altogether out of proportion. The export charges of any local product should be as low as possible. He had objected to the charge at the time, but he had been overruled. Member Brown thought it was never intended *o charge for more than the proportion which was shipped. Member Smith did not think it was inten bed to charge a full fr»n on one cask. A long di«'*ussion ensued upon this point I members expressing various views on the subject. Member Townley thought the question, should stand over for furl her consideration. If the tariff wm owe disturbed, they wer** sure to have a number of simildr app'ications

Member Joyce thought it very nec-ssary to give the question further consideration b>*f »re taking action in the matter. He thought, it *h«urd tn compile laws, and then to immediate! v break them. Member Lewis did not think any bo4y of law makers were infallible He was one of the compilers of the by laws, and he fully in-ten-led that tall tw should he c' arged at per for any portion. If n” mistakes Wee there would be no employment for the fraterf ity Member T wnley defended the tariff scale, Member Tuck>-r thought the liberal inter* ptetation should be adopted He prop 'sed that the wharfinger should be instructed to charge at the rate of 2s 6 I per ton or part of a ton. Member Joice could not agree with the last speaker, and pointed out sever*! instances the tariff a erified where it was intn charge for fractions of a’urf. It evidently the intention in t e case of to charge f *r a full tun. Member did not agree with this View. Why should a man be charged the same for a small cask as f or a tun ? It was contrary to all commercial usuages in the world, and he considered this the best argument against such a quibble. Member Joyce objected to the word quibble, He did not go there to quibble, but to transact business to the best of his ability. Member Smi’h assured Member Joyce that he did not apply the word quibble to him. He had spoken in general terms , Member Kenny said he would give his legal opinion, as the other members had given their commercial opinions. He must say >that a Court of law would rule that the charge should be made pro rata, and he thought there could be no doubt as to this. Member Joyce proposed, and Member Smith seconded, that the matter stand over until next meeting.—Carried. The Chairman again called the attention of the meeting to Mr Webb’s letter, and stated that it had not received due consideration before. After Bgain reading it he stated that he wished the Secretary to inform Mr Webb that the Board would hold him to his contract, and that in the event of a breach of the same they should hold the securities responsible.

Paymiwts. Wharfingers usual salary, £5 si, EXTRAOKDINiRY BIWWI The Secretary stated that Mr Barnard had applied through him for the erection of pos's at low water mark at. the end of every street leading down to the rivers—the posts to have high and low water marks painted upon them, so that he could proceed with the Harber Board survey. . Member Lewis did not see why the Board Should be put to the expense. Member Townley thought it advisable to I comply at once with the requfest, as it would possibly facilitate the Harbor grants. Member Kenny thought Mr Barnard might have written an official letter to the Board, and not have a ted in the manner he had. Member Joyce agreed with Member Kenny Be thought Mr Barnard had acted very informally by not addressing the Board. Member Smith did not think it neces 1 v* to adhere to strict ettquette in a matte ***** thie sort. He thought that the Board coiup’y with the request. Hi* would prop««» that the engineer see Mr Barnard, and him what he required, and report to n meeting. Member Kenny thought, the matter might be left in the hands of the Chairman of the Brord. ■ember Smith seconded the motion, which ■wff carried.