ROYALTY ON GRAVEL

Taranaki Daily News, Volume LIII, Issue 254, 6 March 1911, Page 3

ROYALTY ON GRAVEL

CLIFTON COUNTY COUNCIL 'MULCTED. At the meeting of the Clifton County Council on Friday n letter was read from Mr. 11. Dingle, umpire in the matter of arbitration between the county and Mr. A. Corkill, of Tarata, farmer, statin;,' that lie made his award on February !) and that it was at his house ready for delivery on payment of the costs* and charges, £2l) as (Id.

THE FACTS. For a long time a dispute had existed between the Council and Mr. A. Corkill oil t the subject of the. price of gravel taken by the Council from Mr. Corkill's "land. The question at issue was whether the Council would have to pay the demand made by Mr. Corkill of sixpence per yard for gravel taken from his propertjr, or whether the Council could enter on a person's freehold property, remove gravel therefrom at its own sweet will, and then itself appraise the price to be paid to the owner. Arbitrators were appointed, Mr. J. Rattenbury (Waitara) for the Clifton County Council, and Mr. G. A. Marchant (chairman of the Stratford County Council) for Mr. Corkill, and Mr. Dingle, of Stratford, was selected as umpire. The arbitrators coulil not agree, 'and the matter was referred to the umpire. The claim was for £8 4s 3d, being threepence per yard ' for gravel removed, the Council having paid Mr. Corkill threepence per yard, but refused to pay him any more. The arbitrators inspected the gravel pit and approaches and took evidence, and the following award was made by the umpire:—"! award that the said A. Corkill is entitled to be paid by the Council the sum of £8 4s 3d claimed by him . . such sum with the money already paid to the said A. Corkill by the Council, amounting to the sum of sixpence per cubic yard of such gravel; and that the said A. Corkill 1 is also entitled to be paid bv the Council his full, costs and expenses!"

UESENTIXO THE TREATMENT. In referring to the matter, the chairman said the Council lmd not been treated well; As a local body, the Council could not go bankrupt, and he was sure no member of the Council wished to repudiate the claim after having referred the matter to arbitration. The Council was within its rights in proceeding to arbitration, and the action of the arbitrators' seemed a little unfriendly. He confessed he did not understand how Messrs Malone, Anderson and Johnstone, solicitors, came to lie acting for Mr. Dingle, and he did not see by what authority the Council should pay the amount to them. At any rate, the' award or an attested copy of it should have been sent to the Council, so that they might see what they had to pay. An extraordinary feature of the eiise was that while the award was withheld from the Council it was available to the press, as lie had noticed only th;it day.' Cr. O'Sullivan: We have been treated very disgracefully. The chairman went on to refer to the excessive charges made by the arbitrat'ors (exempting Mr. Rattenbury, whose charge was made by the others). He pointed out. that oil a licensing committee the fee was a guinea a day, and on an assessment court it was tw'o guineas a day, but these gentlemen claimed three guineas a day. The fees were undoubtedly excessively high. Cr. Kennington moved—That Messrs Malone, Anderson and Johnstone's letter oj jebruary 25 acknowledged, ami that they be informed that before the claim for payment can be dealt, with the award or attested copy of same must be supplied, so that the claim made be verified bv reference to the same."

Cr. Sander seconded the motion, which was carried.