PUBLIC MEETING OF RATEPAYERS.

Temuka Leader, Issue 2056, 7 June 1890, Page 2

PUBLIC MEETING OF RATEPAYERS.

A public meeting was held in the Road Board office, Geraldine on Tuesday afternoon last for the purpose of considering a number ot resolutions passed at a conference of representatives of County Councils and Hospital and Charitable Aid Boards held at Christchurch on the 24th and 25th April, 1890. * , There was a considerable number of the principal ratepayers of the district, also Major Moore, member for the Geraldine district on the Geraldine County Couucil, and Messrs Buxton and Rhodes, M.H.R.’s for the Rangitata and Gladstone districts respectively.

Mr F. H, Flatman, chairman of the Geraldine Hoad Board, occupied the chair, and read the advertisement calling the meeting. He also read a portion of the suggestions made by The chairman of the Geraldine County ; Council at the Conference of Ohiiirmen of County Councils '■ held m Christchurch recently! Many of the ratepayers in the Geraldine district did not approve of some of the suggestions, and the present meeting was called for the I purpose of considering certain propositions which had been'formulated to jlay before the meeting that day, traversing The opinions of the Christchurch meeting.'

WATER RACES

j Ths proposition of the Christchurch -meeting with regard to water races was as follows “ Resolved that Mr W al kor, Mr Balfour, Mr McLean and the mover ba appointed a committee to inquire into and report to the conference on the best system of managing the water races and irrigation.” The committee reported that in their opinion itwas desirable that-a seperate Act be obtained dealing. exclusively with water races and irrigation, and that such Act should be on the lines suggested by Mr Joynt in a letter to the County Council, that copies of,the proposed bill should be supplied to the several County Councils V and their assistance sought in getting the same passed,—The report was adopted. In connection with, this Mr Mundell moved the first proposition as follows: That no extended powers of rating be given to County Councils prior to taking the vote of all the ratepayers in the districts in which the rate is to be struck.” Mr Mundell said the proposition would appear to bear rather hardly upon those districts that . Had not had the water race, but it was intended more to clip the wings of the Council and put them on a proper footing with the ratepayers, He did not think the meeting wished to deal hardly with any hew district that might be formed, they simply wanted to set themselves right with the County Council.

•Mrßeiman seconded the motion. Major Moore pointed out that at present if it was desired to extend a water race district, saj of a hundred ratepayers and take in an additional i “tty, waa necessary to take a vote of : .ratepayers in the old and new districts. In taking that vote the Council must obtain a majority not only of the number who voted, but I also of the total number in the district who could vote, and the consequence was that as those in .the old district had got the water they were not interested in the voting, and conaequently did not rote, with the result that the proposal was lost. The Council sought the power to increase the district by taking a rote of the Ratepayers therein without consulting the old district on the matter. • Mr Postlethwaite said that after hearing the remarks of Mr Moore he was:led to think that the extended powers would not he used to extend the work only, hut to pay off the overdraft that had been incurred, which should never have been incurred. He instanced; the Rangitata race, vjrhere he said,. it ; was very probable if the ratepayers had known they were going to be saddled with, say, one quarter more cost than they had sanctioned they would-never have sanctioned the work at all. He was c’ecidedly opposed to any scheme whereby the county council could carry out water works irrespective of a rota °f the ratepayers as to whether they should be undertaken or not, and then come on the ratepayers to pay the amount. He thought from the report of the meeting in the papers that they were clearly told a Bill would 1m introduced into the House next session that would saddle the ratepayers with debts that they had had no voice in incurring or otherwise. Mr Maslin thought it probable the council sought to obtain the power to

increase the district so as to borrow sufficient in the new district. It might give them a sufficient surplus to pay off the deficiency that existed on the old district. Mr Tripp thought the trouble'was that sufficient money was not borrowed before these works were commenced, and then, of course, the ratepayers refused to rate themselves for the deficiency. He thought it absolutely necessary that in future the council should make sure they borrowed enough to complete the work. Mr Flatman asked was it not a fact that every race yet constructed ’had cost considerably over the estimate. Mr Moore did not think so. Mr Postlethwaite said that if it was sought to rate the whole district while at the same time only cgnsulting the new they as a body objected—'(hear, hear) —but if it was only sought to get the power to rate the new district they did not interfere. (Hear, hear.) Mr Rhodes did not think it was possible to get an Act passed to, give the council power to strike a rate over the whole district by simply taking the vote of the new district. He was perfectly certain there was no chance of that with the present House. He considered, however, that an Act was required defining ihe powers of the local bodies in the matter of the water races. ;

After some further discussion, daring which Messrs Postlethwaite, Kelman, Flatman, Sherratt, Tripp, and F. Wilson Smith spoke against giving the council the power to commit the district to an expenditure on water-races that were neyer authorised, the motion was put and carried unani* mously. Ihe second resolution; of the con* ference had been as follows : —Fivers —Resolved : “ That the question of dealing with obstructions in rivers be referred for consideration to the same committee as already set up to consider water-race questions with the addition of the chairmen of . the Mackenzie and Akaroa Counties.” The committee.reported that it was desirable to get authority to levy special works rates over districts to be defined:; such rates to be expended in drainage, clearing and removing obstructions from rivers within such districts. ' 1 The report was adopted.

As opposed to this, Mr K. Brophy proposed, and Mr Kelman seconded resolution No. 2, as follows Rivers this meeting the extended powers sought for at the conference of chairmen of county councils be; extended to the read boards where in force, and that a clause be added to the present Road Boards Act enabling each bdard or county where no road board exists to compel the neighboring board or council to clear its watercourses; and riverbeds from obstructions for one mile beyond the boundary line of such district.

The chairman said his idea was that the road boards could do this : work much more cheaply than county councils, and at the same time be able to employ the labor in their own districts.

Mr Poatleth waite said he believed the Public Works Act gave the council the power to do the work, but if they had neglected to use the power they had he did not think it was much use to try and frame something that would cause them to do their work in the future. He decidedly approved of the idea of keeping the labor in the district, but thought the extended powers should be given to the road boards, who were in far better position to do the work than the county councils, and could do it without keeping a number of unnecessary engineers.

Mr Iripp said it was a question of funds, and if the council had not the funds they sheuld hare the boldness to go to the ratepayers and ask for the money. If they could not, or would not do the work let them put somebody else there that would do the work.

Mr Moore said it was just a question of funds, but that if the council wore to strike a rate that would be sufficient to do all the works asked for it would be so heavy that it would make everybody’s hair stand on end.

questions Messrs Buxton and Ehodes said they would not pledge themselves to anything in connection with the proposition till they had more information on the subject. The latter said he was in favor of giving more extended powers to road boards while the former said he would like to see county councils laid quietly aside to sleep. The proposition was then put and carried unanimously. The third proposition of the council f ° llows Roads and bridges— That clause 248 of Counties Act be altered so as to take the power from the C-overnor to force anv council to repair nny road, bridge, or ferry, and m lieu thereof to allow the countv council to decide whether such road bridge or ferry shall be maintained or not The decision of the council to be final. That a further addition be made to section 248, county councils to classify all bridges into first 0 r second class bridges. All first class bridges to be maintained bv council? and all other bridges to be kept up oi not, as the council may decide ” F Besolyed—“ That local bodies should have power to declare bridges ,u..j against traffic winch they may confer excessive weight for the bridge ” As opposed to this the chairman moved, and Mundell goaded, 1

resolution No. 3as follows Bridges —“ That this meeting is of opinion that all bridges on county roads, as defined in schedule 1882 of Main Beads and Bridges Construction Act, should be kept in thorough repair by the county m charge, and that the power should still be rested with the Governor to say whether certain bridges should be closed or not.” The mover was decidedly of opinion that they should have one well-bridged main line of road running through the colony from north to south.-. He considered this absolutely necessary. To talk about the way they'' managed years ago withoutathe f bridges! was absurd, as in those days they had not the same class of sheep and the merino I would take the water and be none the’ 1 worse. (Hear hear.) In those days, itoo, a person could go up or down the invert and pick his ford,. but (f now hg must cross at one apot or not at alii .., Mr Mundell also spoke very strongly; Mn favor of keeping the bridges iopen. : He'considered that to have the rivers j well-bridged was almost more imi portant than having; good roads,., Ha | had the very strongest objection! to : | closing these bridges. It would be & I very retrograde "step. > n ;'1 i, 'jf Mr Postlethwaite sai4: the county ; had gone to far more expense in the past. in. the matter, of, bridges. than they, could afford', but if thh rcb:unc& could not see its way clear to put its i foot down in all cases, and had.■ kept' up and repaired the bridges in the southern part of the county, he» thought it only right they should keep i them all open. He thought, however, the expenditure in the ; past had;been too much.

Mr TTJpp asked if what he had. read in the papers was truej that'-£he county council had" thfown r upon the road board the onus of keeping open or closing the Orari Traffic Bridge. It was shown that the council had requested the road bo »rd to close the bridge if the board considered .it unsafe. ‘ ;

Mr Kelman was decidly opposed , to closiag this bridge. [At this point Mr Rhodes had to leave to catch the express train for Christchurch.J * . r.% Mr Moore said the council retired in November next, and if the ratepayers wanted their bridges kept open let them elect men who were in favor of keeping them open. It was', however, entirely a question of funds, Mr Tripp assured Mr ' Mohfe that the ratepayers would be only tooglad to put their, hands in their; pockets to pay for these bridges being kept iin repair. I ; s

Messrs Maslin and Flatman: both spoke against closing the.; .Orari Bridge. The latter said the,, superstructure was good for another fifteen or twenty years. It only required , a new deck. [ln this he was borne out by Mr Shiers.] He also said that, in looking through the county roll lie found that -there were some hundreds of pounds- still owing for rates, soma of the largest ratepayers in the district not having yet paid their fates. He objected to the ratepayers in one part of the district, who ? had paid their rates, having their money spent in paying for an overdraft which was simply a convenience to those who had hot paid their fates.

r r Postlethwaite spoke to the same effect, ■■ :

Mr Moore was not aware of that r but would enquire into it at the next meeting of the council.

The chairman said it was very hard for them as ratepayers to pav towards keeping the Temuka, Opihi, and other bridges in repair and their own : be allowed to go to rack and ruin. (Hear, hear,)

Mr Pripp said the Oran bridge in some places was very bad, the openings between the planks and boles allowing sheep to get th.ir legs down and thus get broken. He said a very serious accident might occur there before the election of a new council f and it would be absurd to . let the bridge go to rack and ruin till then. He asked the chairman to read ah opinion obtained from Messrs Smithson and Eaymond re the liability of the county council for an accident on one of these bridges. The opinion was laid before the council at its meeting held on Sept. 12, 1888.

The following is their opinion “ There appear to U 8 to be three questins raised by the resolution affecting the unsafe bridges under the council’s control passed at the last meeting. First—What is the nature of the liability incurred by the council in permitting bridges under their control to fall into disrepair, becondly What affect will the postmg ot monitory notices at the ends of the bridges have in limiting the conned s liability, and thirdly what position will the council be in if, under the resolution it absolutely closes the

On the first question we are of opmton that the council, having contro! of the bridges has authority to dp al! peedfu! repairs, and that as the Legislature has provided the council with the means for effecting sue repairs, a duty if properly repair- !?? ls , cast upon it. For breach of phis duty proceedings by way of indictment against the council could be instituted on behalf of the public, and in the event of a casuality resulting through the disrepair any one I n i j r6ti , lQ person and property could hold the council liable in damages. Moreover, by section 8 of‘The Public Works Act, 1887,” in the event of the council neglecting its duty the Minister for Public Works is author-

ised to maintain repair or reconstruct the bridge and charge the council with the cost.” “As to the second question we are of opinion that by postiug up a danger notice the council would not obtain an indemnity against loss arising through the breach of its statutory d uty. No doubt any one using a bridge after having knowledge of such a notice would ■be held to have voluntarily incurred the risk and be debarred from recovering damages. The onus of fixing such a person with notice would rest upon the council, and it is obvious that it could rarely succeed in removing this onus. further than this we think the council would not be protected by posting such notice.” With regard to the third question, the closing: of (the bridge, we are of opinion would be a breach of duty. The council’s liability to indictment would apply as would the liability to have the-work’ taken from it and performed at its cost by the Minister under section 8 of the Act of 1887, To leave an insecure bridge open for traffic is to court disaster; closing it altogether, although illegal, is certainly preferable to that. It has on several recent occasions been remarked by judges of’eminence that the liabilities of local authorities in these matters are altogether too extensive, and that the Legislature should intervene. Until something is done in that direction the council’s liability to repair the bridges stands .in. the position we have indicated.” Mr Tripp asked Mr Moore if at that time Messrs Smithson and Eaymond were the solicitors to the council.

Mr Moore said they were not. The council at that time.had no regular solicitor. In reply to p.r Tripp he said the opinion wasiaaked for by. the council, and paid for'by them. 1 Mr Tripp asked i£..in the face of that opinion the council, was-, right in defending an actibn 'for keeping the Pareora brid||fin repair.; - \ before another one at Bangitata was ratepayers had a right to about it. Ml 5 Mundell said it certainly was a rery Verious matter ftb'enter into a Supreme Court!action with a lawyer’s advice dead against them. V motion was put and carried unanimously. ; , iiThe following resolution, proposed by; Mr Tripp and seconded by Mr Mundell,was also .put and carried unanimously“ That the ratepayers in; the' Geraldine district are prepared to pay:a!rate for. the maintehahce and keeping in repair of the bridges in the unt v!

it was explained that, that was in common.'with all the other ratepayers. Mr Moore said he was very glad to see spch a resolution passed. If each local ' body passed a similar one they wouldboon hear very little more o£ iLthe. bridge Kesblutioif No. 4 had been as follows :r-rHoapitalß-T i *‘ That contributlocal 5 be represented on Holpitiil; Boards.” “That "the Government; be .urged .tp tat e some steps Ko induce the other-; adjacent colonies to render every assistance possible in enforcing the return of men who have deserted their wives and families.” Eesolved —“That the law be altered to enable local bodies to recover;costs from the fathers of illegitimate children at any’time' whether the children be alive or whenever, the father oan bepouhd.” '"That this recommend j to - the Government the advisability oft proposing some means under which incorrigible drunkards can be dealt with and provide some means by which such persons cab be compelled to work and do something towards their own support.” “ That in any future legislation with reference to of Charitable AidlaUcpntribiiting local bodies should be represented on the board as.in the present Act,”.. “ That ia the . opinion oFthiS_ conference- tbe basis of taxati on' £or r -Sdspitala iand’CCharitable- Aid be on the.baf? s,o£ the Property Tax, and riot as’at'pfesent,it being the nature of a plass Taxv’- , . . .. The following ■ resolution dealing ( with 1 the 'charitable aid . question was proposed by Mr Pbstlethwaite and I seconded by Mr Maslin“ That the ! present; Charitable Aid Board having failed to administer relief this meeting suggests that the road and town boards and borough councils in each county council district administer outdoor relief, and that the existing Charitable Aid Boards should confine .their duties to.the management of hospitals.” The former considered the Charitable Aid Board had; been a failure- .from beginning to • end.. The road' board was the body that should have the dispensing of thaaid/ ’ Many of the-recipients- of charitable aid were better off than men who had to work bard regularly for a living. The sooner, they >realised in New Zealand that the poor had to ba kept the better. He gave a number of instances that Had come under his own s observation of the failure of-the board in distributing the aid. He.thought, j too, the sooner they had some means of -bunting out the fathers of illegitimate children and bringing them back the better. He understood, too, that bs the law stood at present if parents ' wanted the assistance of their children J*they bad to take action against them themselves. Be thought that was a very wrong feeling te put between parents and children, and that some body should have the power to take RC Mr Maslin also spoke on the subject, and pointed out a number of

instances of gross failure on the part of the board in distributing the aid, Mr Moore quite agreed with the resolution, but dissented to the first part, as it was the system and not the board that was at fault.

Mr Postlethwaite agreed that it was the system that was at fault.

The resolution was carried unanimously. 1 here being no further business l&r Flalman proposed a vote of thanks to Messrs Buxton and Ebodes for being present, and also to Major Moore. A vote of thanks to the chairman terminated the meeting.