TUAKAU TOWN BOARD.

Pukekohe & Waiuku Times, Volume 8, Issue 489, 11 July 1919, Page 4

TUAKAU TOWN BOARD.

ROAD CLOSING CASE. A ease of considerul)le interest In loal bodies was hoard at the sitting of the Pukekohe Magistrate's Court last .week, when the Tuakau Town Board, prcoeded hh ;inst Frederick George Woolley, of Tuakau —(1) That on Juno 2 r >th, 1919, at Tuakau, he did injure portion of George street, when the same was duly closed f'ir repairs, by diiving a yehielo on the soft part of such road, in course of formation; and [?•) That on the same date he did injure barricades, the properly of the Tuakau Towu board, by cutting wires and pulling down the rails.

Mr W. IJ.1 J . Endean appeared for complainants, and Mr tlanna for defendant. After Mr Endean had outlined the acts of tho case, Mr Dynes Fulton, Chairman of the Tuakau Town Board, gave evidence. In the course thereof, Mr Fulton said that the road was a continuation of George street to Onewhero, which the Board was repairing and putting in order for traffic. On October Ist, 1818, the Boa r d passed a resolution closing the road whilst grading and filling was in progress. The only portion they desired to close was between the coiner known as tho English Church corner and the Roman Catholic Church. Tho clerk instructed the contractor to close the road and barricade it, but not until February 4th. Although the resolution to close the road was passed in October, the Board decided not to close it until it was imperative That was while the fine weather lasted; but as soon as the wet weather set in, it was necessary to close it. They had taken steps to enable them to legally close the road when it was necessary. The reason they did not close it when the reso lution was passed, was simply that they did not want to put the travelling public to any inconvenience. Eventually, the road was definitely closed a fortnight last Monday. The road was barricaded up, and de fendant deliberately took the barricade down, and went through. To His Worship: The work was let by contract, and the whole job would be completed in about a week's time.

Continuing, witness said that metal was being carted on to the unuietalled part ; but the drays went over the pare metalled, and therefore did not damage the unmetalled part. To the best of his belief, advertisements notifying the road would be closed were inserted in newspapers, while notices were exhibited at either end of the mad where the barricades were. The Board contended that by closing the road it put the travelling public to a little inconvenience but they could not possibly help it, if they were to construct a decent road. There was another fairly accent outlot for the public and that was round by the railway station to the connecting point of the Onewhero road, a distance of about 2} miles, but about 1 it chains of the road was in !i fairly bad state. This was said to be impassible, but he knew that some people had gone over the hilegud impassable part as late as ■Saturday last. Among those was a returned soldier taxi driver whose business was his only means of livelihood. If the closed road was opened it would almost impassible too, The traffic that had already been on the road damaged it to the same extent. The Board did not ask for a heavy penalty. It contended that it was only doing a reasonable thing in barricading the roud, preserving it until it was completed for traific. All the Board wanted was fjr people not to go through for another week when he was satislh'd that the road would be linishod. ToMrHanna: Witness admitted going through the barricade about a fortnight ago, on his way to Ohewheroto conduct an inquest. The (surfaceman opened tlie barricade. At that time the road was perfectly ury, and up to that time no damage wa.s done The Board did not consider that any damage had been done during the fine weather. He inspected the road on his way to conduct the inquest. lie couid not swear that a notice was up all the time, because sometimes some people had taken it down, and had thrown i: away Ho would swear the notice was up on the post as lato as a couple of nigh'rs ago. A resolution to prose cute offenders was passed. When it w.is pushed the Works Committee was in receipt of the names of nine poisons who had gore through, but none >. 1 them were prosecuted. Later a resolution was passed instructing the men to barricade the road ami that pn ci p'lings be taken against anyone committing a bieach. Care takois w.'if appointed to watch the road, Mr Wolley was the first man to go through and was prosecuted. It would not be possible for the lioard to barricade the IG feet of D'ctal on either side because the truffii would still have" to go over rho bridge whore the damage was mo.-t mvp' No damage was done except in wot ;vi ather. When the ba ■ riiad'-w n' i, p 'ho road was dust d. Some [M.'opio took the barricade down but 'hey had ro authority to do so (Jars gomg across cut into the suit tiling and damaged it to some ex tour. To His Worship : Ifthe trallic was lint s.i.ipped liming the week, irio[>;nai -i.< damage would In the result. I: „ ■ Id ~,.s- ;•:•■ Is,.imhi good di-u! i ' ex ra ia 1 ": y to repair the damage ii!r"a<!y <]■■ r.<To Mr Ki.dean : The filling at the biidg* wi:" not ii(i 1,,-.;. it w ., s ~,,». buili tip right a' mss '1 he l>ri(ie.e was 2-1 It i i w i'i" and the lillirp, a little larger. To Mis Worship : The road was hioclou wM 1 " thefillirg work was in prugifss II v\'ii., n, road foreman employed by the Board, said he hid j h :<l considerable expeiience ou ro. d \ v, .rk Ho remembered the day (i■■- I fen 'nut ''r ve !' ; s car throuvh rod | »,i l r u a- .i w< i day I hi d y . Inii;g -\ ' ;i'''i lii" liiln X very ml . j il;.; I .1 . ;.! .1: ■ load Up .. ~ a wi. . j '11,,. ,■...,.! ! •)<•• i!i.i»wlii«rn end wa !

cut up more than at tho Tuakau end. It would not be possibly to form the mad while traffic was on ;f,

becauso it would cut the road up and make it muddy and unfit to ,vork on. The cutting up by the recent traffic necessitated about another fid or 70 yards of extras. It was not possible to do half of tho road at one time, because the other half would be badly cut up, and furthermore, the traffic would not remain on one side. To Mr Hauna : The metalling work had l)o n u in progress for about six weoks From the barricade to the bridge was about 20 chains. At. the time tho resolution closing the road was passed, formation work was in progress. Both tho forming and metalling was done by contracts, but separate ones. The contractor had been on and off the road for about three months. Tin had been engaged doing other work when it was not possible to work on the road. George Street was one of the main arterial roads through to Onowhero and Ptlkekawa.

To His Worship : Thore was no room to make a thoroughfare off the metal, excepting on the footpath. He considered the Board did not exceed its duty in closing the road. It was impossible to do tho work without closing tho road. He had had a good doal of experience in road making. JohnM. Booker, who had a good deal of experience with roads, said he was in charge of tho lower end. It was not possible to make a side road, simply because there was not sufficient room. They would go over the edge of the filling. When motor cars went across they caused more damage to the roads than metal carts. The'cars scooped the metal and formation out. "Vhere the road was hard and dry it was a success but in other parts where it was damp it gouged out badly. Ho saw defendant's car go through.

To Mr Hanna : The width between the actual metalling and the side of the road was wide enough to go over with a cart, but they cut up the filling on the other side of the bridge. There were five chains of filling and in travelling on this much damage was done. He saw Mr Fultou and others go across on June 20th, when the road was fairly dry. A few days after the road was very wet. On the Wednesday aft6r June 20th, Mr Woolley went over the road and his car cut it up to some extent.

During the evidence it was pointed out that the travelling public went round another road connecting up with the Onowhero road.

Mr Hanna thought the case should be dismissed. Thero was no evidence to show that the Board had control of the road.

Recalled by the Magistrate, Mr Fulton said tho road was in the Board's area, and no one spent any money on tho road excepting the Board. In fact the road extended for a further la chains.

THE DEFFXCF. Ed. Francis Muir, farmer, residing at Onowhero, said he knew tho road in question. He had seen tho road barricaded. The other route was impassable for cars, as well as for sheep To go home that night he would have to go through the barricade, because lie could not get round the other way. Ho would most likely have to walk home. The barricade had boon up for three months. Ho had seen some notices up at both ends, but had not seen any lately because he had not taken particular notice. Any clay road was likely to bo cut up. He oi'ieu went through tho barricade, but had never cut the filling up at ail. Certainly it was cut up a little, but Mas not particularly bad at tho fillings. About six loads of fascines would obviate ai y cutting up, and it would not do the road any harm. The formation was of good hard yellow clay. If it w is very bad one could travel over it without doing any appreciable ani'Uint of damage. To Mr Endean : 110 was surprised to learn that a motor-car had passed along tho other mad on Tuesday night. If the vehicle was lightly loaded it could get over the other road. Big ruts were likely to be caused by tralfic on any road.

Defendant, in the course pf his evidence, said the substitute road wns outside the Town Board boundary. It was very ba-1 ; he would no: attempt to travel along it, The Board had not provided a substitute road. He had noticed a notice oh south end, but not at the other end. On the day of the offence louijdained of it was fine weather, rut at t!it• barricade it was very slippery. J'" go round tho other road, he had to go back a iju liter ol u mile, inferring to the liliiogs, he said tin road was good outside of the idlings, iSome fascines over tho bridge would obviate any damage.

To Mr Eudoan: i 'no barn'cad. was loft open, so that motai caitt. (.■oiild go through. .'Voar tlio bridge the li!lnif, r was slippery, bn; no damago was caused , v , lot i-l iraliie w, ulil make it bogjcy. Ho contended there was suificiont room to make a .side road ; it was ijuifo wide enough, tin. ; urfue was hard, and it wouid be go d going; iJ <■ had tut the s'ai its with who cittois.: he always can! (I a pair in his car. He a Imit'ed tolling tii- foreman that -Mr Fullon told him to go tnrough ; it was a lie. ' fn the day in ijimstioii Hi"'. d W ..- .dim .-.! to til. hi \d< T i- , Mr Fiul -Hi : I am instrinti '1 the it,i ral \* is put tin in '•n Saturday C"iiiH'-uiiig, wunisa udd it v.a , the urdy road tlic\ had tn n a\ ■ i ■ n. I'm Mr Hittma. The iui>--'it:ite road Was impussu) le : a small load might In g' t across. Ihc Magistrate said Ik was satinlied r|i,i road had to hi' stopped i'm coii w tnu:'i')ti and repairs IhopuMic had hcon aide to us»> the road until the «u; weather sat in. I ho Hoard had ili ne its best to make a .'rent 1 'wid, and «as supreme in its i IT-nt. 11-i ri'oiigtit tii.- Bonn! should en d.avoiu to have it. open in a week. Foi tin 1 iiri" down liie i airi id", In l would . "in "t defend mt in d u'd-'i Ii::n •>, |.'iy i.lfilc ■■-'" ' i-\pi l's •.',

Th* Chairman of the Board assured IIi<? Worship that he would endeavour to havo tho work completed in a week's time.

One day while waiting by tho " 'phone To send a message of my own, I hoard across tho lines a call, Tn urgent, anxious accents fall Is that you, Central ? Hurry, do ! Please put mo on to 2-0-2. It's closing time, I'm late. I'm sure : I'm after Woods' Great Peppermint Cure.