THE ORARI – RANGITATA WATER-SUPPLY DISTRICT.

Temuka Leader, Issue 1960, 24 October 1889, Page 2

THE ORARI - RANGITATA WATER-SUPPLY DISTRICT.

, MEETING OP RATEPAYERS.' 5 A meeting of ratepayers in the Rangitata water-race district wae held in the Rangitata Station School on Tuesday, evening last. There was a large ; ance—the sitting accommodation of the school being well filled —but the number of those present was not so large as might have been expected, considering the importance ofthe meeting. ; * ' d The Hon. W. Rolleston was, on the proposition of Mr G. J. Dennistoun, seconded by Mr Badham, voted to the chair. Messrs Balfour and R. A. Barker, ; who had been deputed by the County Council to attend the meeting and explain the position of the County Council, wore present. Mr W. M. Moore, another member of the council, was unavoidably . absent, and an apology was read for bis absence. ; '’ ; The chairman explained the position of' the meeting, namely, the consideration of the position of the water-race district in< consequence'of the Siloock lawsnit, which they knew all about. He then asked the',, chairman of the council, Mr Balfour, ta explain the position. Mr Balfour did so, skying that the* meeting bad been called in consequence of a resolution passed at the council’s last meeting to talk over the amount above the contract paid to Silcbck and other Mr Balfour then read a .statement of the' position of the fund as follows Cost of’ head works, £1149 ; cost of races, etc., £1623; award to Siloock, labor done,, £466; law costs already paid, £424? ( amount still to pay (that is, the council’* 1 ' solicitors, etc.), £200; total cost of th» water system to the ■ present; £3762; | amount borrowed, £2500; leaving a debit -V of £1262. Of that amount they could ; obtain from Government, by 10 per cent. ‘ * \ upon their loan, £250, leaving the amount approximately doe £lOl2. Bilcock's claim * for work done had been £7OO, supposing it had been paid in foil without going to law. The matter of going to law had cost £390 more. The council's solicitor _ had given a very full opinion as to the ’ liability of the water race district to pay these costs, and his opinion was that tha> district was liable. Although he at first, after the case was settled, was not sure on this point, he now stated emphatically that there was no difference between, the ,/ liability in the one case and the other; ' the water-race district being equally liable for the whole. The council simply acted as the ratepayers’ agent, vmd he did . - not think it could be denied t’uat Ih# outside ratepayers, who had n.o connection with the races, should not b.ave to pay one penny of the extra amoun.'t the raee had cost. One cause of the difficulty was that the original cost of foe race was very much underestimated, and £4400 should ' have been borrowed ’in the first place. !&■ respect to the-remedy, the council asked’ •< the ratepayers”cop.Bent to borrow £IOOO to repay the amount due to the Council..

A much largei area might be brought |

the water-race district, -which would so lighten the burden that it would hardly be felt. The present rate amounted te 2Jd in the £, whereas in the Seadown district it amounted to 4d in the £ j so that the Bangitata people got the water at a much cheaper rate than any of their neighbors; Mr Balfour then expressed his willingness to answer any' questions they might wish to pqfe; h , %: Mr'BadJhfißa asked, was Silcock’a contract oyer signed ? Mrßaltbur aaid the contract was entered intdUloiig time ago, and he believed it Was uwfw signed. (Loud applause.) V Mr BadbamVasked for the engioeers’ ■ estimate of the work before the contract Mrßalfour said be did not know : be then'chairman of the County Oonncii,. bet he thought it was about £2OOO. , Mrßadham; It was £IBOO. Do you nrdflh jtp say that you keep these engineers —who estimate work will cost £IBOO, and job 1 has coat keep them en 2 (Loud applause.) Mr Balfour said that was hardly fair. The-laW if deducted, would reduce the amount considerably. The engineers said: the’eost of the work actually done worth £2850. He had pot more than'tWengineers said beshould have got/'iTbsn This water-race scheme was instituted some four or five years ago, and tha'&ngibeers were not aware when they first estimate that the work would he carried out in the way it had bipen done, thought the council would make all the main races sod the ratepayers‘‘'those on their own places. This waterlscheme w*w a new thing in the community, and they might have underestimated their work.

Mr Bad Lam said the undertaking when the estimates were drawn up was to supply •very householder with water. He asked whether the water race had been surveyed by, ,tho surveyors, Mr Balfour said they surveyed all the couiitfy that was required, levels being taken- but did not go througbievery section that Was level. They did what was required. ;;Mr Badham asked if Mr Balfour would tell those present what sum the water race district had .paid those gentlemen for their serviced < (Applause.) Mr Balfour could not, Had he had notice of these questions he would have brought the information, but he bad only brought such information as he thought he would require. Mr Taylor and others said this was just what the meeting wanted to know, it was bo use coming' there without that information.

Mr Balfour thought it would bo as well in that,case to adjourn the meeting till another night. Mr Badham thought if they did that they might never get him (Mr Balfour), back again. (Laughter.) This was the first time the ratepayers had had the opportunity of asking them anything about the water race business, and then when they came out, and the ratepayers wanted to know a few particulars, they could not tell them a thing. Mr Balfour said if he had known they were anxious to get at these particulars I he would have been very glad to have had albalance-sheet prepared, but he did not 'know these particulars were to be gone into.’ He thought they had come there to go into the question of the meney that was wanted and for them to say whether they declined to pay it, leaving the council to take what steps they thought fit. or to come to some amicable arrangement. In the matter of details the members of the council should get the credit of doing the best they could for the ratepayers, Mr Coulter here handed up a letter out from a newspaper, in which the writer, (Mr Balfour), had stated the opinion that the council were a little to blame. Mr Coulter pointed out that the paper always took one end of the cudgel only. (Applause.) Mr Balfour also read a letter from Mr White, the council’s solicitor, saying the ratepayers as a whole were liable for the ■extra money, but looking at the equity and fairness of the case the water race eJlstrictWas liable. MrCoulter (did not see why the district should pay. He thought the meeting should have been called before the council went to law. Mr Badham said that before drawing more money from a man it was bolter to show how that previously drawn had been ■spent. They wanted to know if the ■council bad spent their money fairly and well, and if so the district would back them up, but if they had squandered it they could not expect them to put their ihands in their pockets again. Mr Balfour considered the ratepayers shouldpoint Oiit how the money had been spent wrongly.; i a Mc Badham said:the council should say how *he “oney had been spent. The Ia f ßDa «i'cs wanted to know. Mr Wini v ® r fl ®k,*d “Did not Silcook almost beg ana 1 P r ®y for * settlement ? ” Mr Balfour at. ' d the council were assured over and oyer agt'* ll hy e * r engineers that Silcook had no 3l fl ,e S BtaDd 0D 5 that the penalties incu had amounted to nearly as muoh as »■'• owing to him. They did not want to go to' law, hut were assured that if they did the contractor would have nothing due tohJ®. Ih®y could not but uphold the opinion of the engineers,; and this was the reason nhy they went.to law, Mr Coulter asked what was the good of going to law when the contractor bad not even signed the contract. ■ Mr Balfour said the Court held (hat hitJ going on with the work was equivalent to his signing the contract, Mr Coalter asked why the contractor was allowed to do extra work, and so delay him. Mr Balfour said it was very easy 1° fi fld flaws, Mr Badham : “ Yes, yery easy. (Laughter). He asked how the money raised by the maintenance rate of l£d an acre was to be expended. Mr Balfour said it amounted to about £2OO, and would be used first to pay the ranger’s salary (£75 per year), then in making any repairs necessary. If there was any surplus there would be a less rate ths next year. Mr Badham wanted to know if any would go to the lawyers, and was assured it would not. It would be earmarked. Mr Badham asked, amid laughter, if 4jhete was any fear of bath its ears being «0t of, and was told no. Mr Badham el® o drew attention to the remarks passed at last meeting of the council re straw,blowing in the race by the gale. He thought the ranger should do

bis best to keep it clear, or else leave. (Applause). , •; Mr Balfour thought whatever the ranger could do he would, but technically the the ratepayers were bound to keep the race clear, and in the matter of giving an answer to such a letter as that which came before the council they must reply according to the by-laws. Mr Winter said-'the ranger could not have cleared the races in a month. Mr Balfour was glad to hear such an opinion from ono who lived in the vicinity of the race. Mr Bpdharh asked if it was a fact that there was a dispute between the council’s engineers and the contractor for the Seadown race with regard ( to measurements. , ; . Mr Balfour had not heard of it. Mr Coulter asked if Silcock had not offered to take 4© yards per mile ef excavation as the amount of extra work done, and that Mr Fooks’s measurement was nearly double. Mr Balfour said as far as he was aw«r« Mr Silcock had never tried to get a settlement. _ Mr Badham asked what was the difference in the measurement of the Council’s engineers and Mr Silcock 2 Mr Balfoursaid Mr Silcock claimed £7OO for work done, and the engineers allowed £230, or a difference of £470. Mr Badham said then the engineers had made a mistake of over £4OO worth of work. Mr Balfour said the allowance of the Court was £466, sa that ;. Silcox was allowed £236- more than was allowed by the engineers. Mr ißadham : Then,you maintain that these men nia.de mistake ot £234, and yet yon have confidence in them 2 You can see very well we have not ? (Loud applause,) Mr Barker said they were not there to defend the engineers or blame them. (Applause.) Mr 6adham asked bow the council could make more Jth an £220 cat of the maintenance rate at on -tho acre f

Mr Ba'f®ur said the acreage was 35,300. ~He had got that from the clerk to the council. ,

Mr Badbam said he would show them another mistake of tbeengineers. Be had %pne ; tettbe office and asked for the acreage, and" they, after scaling it off, said it was 26;006. That was a big mistake for engineers. In reply to Mr Taylor Mr Balfour said the engineers laid out very carefully all the work that required to be laid out, but by the side ef fences, etc., it did not require laying out. 'He (Mr Balfour) was not aware that the clerk of works was away sometimes at Fairlio Creek. Be was supposed to be on the ground to point out where the races were to go. He asked if Mr Taylor had any reason for saying the clerk of works was sometimes away 1 Mr Taylor said that he knew it. Mr Dennistoun said they must remember that the clerk of works was looking after two or three places at the time. The chairman here said that after answering all the questions asked by those present Mr Balfour would put before them the alternatives he bad mentioned in his statement.

Mr Badham was in favor ef adjourning the meeting, so that Mr Balfour might come before them again, with the engineers, and say how the money was spent. He did not see how till this was done the council could ask them to' pay any more. Ho was atraid, however, if they once let Mr Balfour go he would have such a poor opinion of the Bangitata people that he would never dare face them again. (Loud laughter.) Mr Balfour was quite willing to come back with the statement required. Mr Badbam : And bring the engineers 2 Mr Balfour would not promise that. (Loud laughter.) Mr A. W. Campbell Wos in favor of the council issuing a balance-sheet of the expenditure. Mr Balfour said that the council had no wish to keep anything secret,, but the printing and issuing of balance-sheets cost money. Mr Kelman contended the meeting should have been called before council went to law.

[Mr Campbell here read a letter from Mr Tolloff, who wae unavoidably absent, objictiog sirongly te the ratepayers having to pay the money.] A ratepayer wanted to know what steps the council would take if the ratepayers refused to pby this money, Mr Balfour was not prepared to say.

Mr Taylor asked why the water was not better distributed. There was one block of 4000 acres and no water, and another 40: acres with Iwe races running through it. Mr Balfour said the council were under the impression the ratepayers were being dealt with as fairly as possible. It transpired that the larger block was net bought when the race was made, and Mr Balfour pointed out that in that case it would not be supplied with the water then.

In reply to a question, Mr Balfour said that if a ratepayer took the water to bis properly without cost to the council he would have to pay for it, as he council had bead at the expense of getting the water down. Even if a person bad no water, or the races ceased to run, the rates must still be paid, as a certain district had been adyeriised as the water-race district, and the rates from thst were secured for the repayment of tbs loan. Mr Ashby pointed out that he had not the water-race within a long distance of his land, and did npt want it. He was, however, quite witling to pay the water rale, but not the maintenance rate, He was advised to apply to the council. Mr A. W, Campbell was similarly situated. Mr Lorney had'6oo acres and no water, and still paid the rates. Mr Balfour said it was apparent they must have the money, es there were large blocks without tfater. Alter some further discussion Mr Badham moved, and Mr Tsvlor seconded, the following resolution .—‘‘That this meeting adjourn to some evening that will suit the chairman of the Ooanty Council, and that ho with as many members of the council n possible and the engineer attend.” (Applause.) Mr Badham objected to paying more till they knew how the money was spent. He also pointed out that before the work was started a petition was signet by a number of the ratepayers in the district, asking the conned to ppnsult the Ashburton engineers, who understood the water races, but that petit’on had never been heard of more. He also pointed put that the water-race district, though a large one, had not one ratepayer on the council. If they had bad a representative there they would have had a voice in this mismanagement that [had taken place.

Mr Balfour said with regard to the remark about the Aihbnrton engineers being eon suited he was not chairman of the oounci when the race scheme was inaugurated. Hi had yet to learn that the scheme was not i suooesf. Mr Dennistoun concurred that the schemt was a success. Mr Badham contended that the engineers estimate being £IBOO, end £3700 having had to be paid for the work, proved that the council’s engineers knew nothing about the work, Mr Balfour intimated his willingness tc attend a similar meeting at a later date ii they wished it, but he could not see what good wonld come of it. Mr Dennistoun thought the present meeting should do something in the matter. He moved as an amendment “That a decision be come to to-night.” Mr Balfour again called attention to the possibility of making the water race district larger, thus faoilatating the raising of the money required. The present head worki with a little expenditure were sufficient for a much larger district. In reply to a question Mr Balfour said Mr Tripp got about £4O for bringing the water through his bush, the balance of the £7O received by him was for certain plans. The work done was of no benefit to Mr Tripp. Mr Kelman here handed in a further amendment bB follows" That whereas the property holders in the Bangitata water supply district were not consulted as to entering into the Silcock lawsuit, they (the property holders) are in no way liable for the costs incurred by the Geraldine County Council in the case, and whereas the members of the Geraldine County Council took it upon themselves co enter into such a precarious case without consulting the property holders of the Bangitata water supply district, we (the property holders) hold that they, and they only, are liable to bear any oasts incurred by them,” 1 The chairman thought they should come to some decision with regard to the £IOOO required.' That represented some £4OO for which they might be said to have bad value received, and the remainder was the dost of: the unfortunate lawsuit, for which they would all agree there was no value received. The question was, how was this debit balance: to be met, and: whether the irrigation district was willing to accept the whole responsibility or not} whether they should aooept the partial responsibility in respect to the value received, throwing upon the County Council the responsibility which they had already paid in lawyer’s costs. They had been paid now out of general funds of the: county, and the question was how far the ratepayers were prepared to adopt the responsibility for that payment; whether prepared to adopt it at all, or whether prepared to adopt the actual liability for works which, the Court bad said had been value received. A .proposal had been made by Mr Balfour that they should give their consent to borrow the £IOOO for meeting this liability. He should have liked Mr Balfour to have stated whether it was possible to borrow money to pay lawyer’s bills, whether the Act would allow that being done. He would liked to have had the statement as to whether the money could be applied to doing anything beyond what the Act provided the money could be used for. The second alternative was that the district should be extended—that was, that a considerable portion of laud between the Eangitrta and Oraii should be brought in to pay the rates. With regard to the latter proposal the same question arose as to whether they could increase the district to meet a debt of that kind. His own opinion was that as the law now stood there was no possibility of paying this liability of lawyers* expenses upon the irrigation district, and it would be necessary to obtain legislation to enable that to be done. It was questionable whether the Legislature would pais an enactment de post facto. He thought that the law was that the general expenses incident to the administration fell upon the general body that represented the oonnty. The County Council did not act as the agent of (he irrigation district but as the agent of .the corporation, which was the ratepayers, and the ratepayers jwho elected that body, when that body made a mistake, were responsible. After some further discussion it was decided to put - the motion and amendment. The latter was carried by 14 to 4, a large number of those present noc voting, Mr Bolleston thought they ehould give Mr Balfour an indication as to whether the district would accept part of the liability which had been paid. ; Mr Balfour said he did not think they would get a better meeting to discuss the questions stated in the resolution, and they seemed to have pretty well all the information before them. He would undertake to have a statement drawn up and printed, and circulated amongst them, giving the expenditure in connection with the races. He supposed they would give the members of the council credit for doing their best. As it appeared to be the feeling of the meeting that some understanding should he come to that evening it was put to the meeting whether Mr Badham’e amendment should be withdrawn. This was carried, and Mr Dennistoun having seconded Mr Kelman’s motion it was carried unanimously.

Mr Balfour pointed out that if the meeting gave its consent to borrow the money required the necessary machinery would be expensive to put in motion, and if the thing were not completed it would be a farce. 1 Mr Dennistoun here moved—-“ That this meeting considers this district is liable for the amount actually expended upon the races, and nothing farther.” This was duly seconded. Mr Badham moved as an amendment—- “ That this meeting declines to express an opinion until the ratepayers hate more in* formation with regard to the expenditure.” The amendment being put was carried, only four voting against it. A vote of thanks was passed to Messrs Balfour and Barker, and duly acknowledged. A vote of thanks to the chairman terminated a long and lively meeting.