CLAIM FOR COMPENSATION UNDER THE PUBLIC WORKS ACT.

Tuapeka Times, Volume V, Issue 231, 4 July 1872, Page 6

CLAIM FOR COMPENSATION UNDER THE PUBLIC WORKS ACT.

The district court at Tokomairiro was occupied on the 19rh and 20th inst. in hearing the case of Faulkuer v. Calcutt, which was a claim under the Public Works Act. section 28, made by the owner of certain sections, and lessee of another piece of land belonging to the Corporation of Dunedin.

Mr W. W. Taylor appeared for the plaintiff, and Mr B. C. Haggitt for the General Government. The plaintiff is the owner of 161 acres of land at Waihola Gerge, and the General Government proposed to carry tho Clutha line through seven acres. Faulkner complained that the proposed line would run right through the centre of his property, and __ not only so but pass within one chain of his ' dwelling-house, to his serisus inconvenience and annoyance, and beyond that that the line would prevent his cattle having free access to the water.

For the plaintiff eight witnesses were examined. Joseph Clegg, who professed to have had considerable experience in survey, ing, considered about forty links of land would be actually required for railway purposes ; and valued the land at L 8 an acre. If the railway was constrncted it would not be worth more than L 6 10s. The plaintiff valued his land at L3O an acre, including damages. Mr H. Clark, M.P.C., valued the. land at from L 7 to L 8 an acre. He went over it about five years ago when valuing it for tixe Provincial Government ; but then the line was not exactly the same, though he believed there was no great difference now. In his opinion, Faulkner's land would be ruined by the railway ; and be did not think L2OO compensation too much. Mr A. Mollison agreed with Mr Clark's estimate of the land, and considered it would be deteriorated by the railway to the extent of L 260 or L 270. A Mr Douglas, storekeeper, Waihola, supported Mr Mollison's idea of deterioration ; while a Mr Webb, gardener, of the same place, thought L2OO would be sufficient. Mr Haggitt, in stating the defence, denied the right of the plaintiff to claim damages for his cattle not being able to obtain free access to water, as his title-deeds showed no such right ; and 'characterised the evidence of plaintiff's witnesses on the point of damage, as' shewing strong partisanship, as they were unable to specify in detail how they arrived at the amount of damage. He did not find fault with Mr Faulkner in trying to get as much out of the Government as possible — he did not say much either regarding the storekeeper or market gardener's evidence, as no doubt they were good neighbors ; but he should prove facts that would show their evidence could not be much relied upon ; but when he came to that of Messrs Mollison and Clark, he must, he regretted, to say, find very serious fault. Introduced to the notice of the Court as M.P.C.'s, it would have been expected that they, at least, would have been able to give some reasons for their estimated damages ; but all that he could do, he had totally failed in his attempt to get them 1o say how they had arrived at their conclusions. Men who should have rather assisted the Government from their public position, he was sorry to find acting in a directly contrary spirit, and making reckless statements and he had the best of evidence to show that they were such. His remarks applied especially to Mr Clark, who had been employed some years ago by the Provincial Government to value the line— he

The Post-office, its position, and the character of th'& building, are subjects upon which we have for a long time intended to comment; and now that the session of the General Assembly is close at hand, we think it advisable to call the attention of our representatives and also the earnest consideration of the public to the matter. When the Lawrence Post-office was built (now some nine years ago), the site selected was doubtless a suitable one — the streets were unformed, and the office being on a hill was then an advantage. Its proximity to the police camp was also a recommendation, as security then was yeiy different to what it is now in these days of settlement, and in the absence of that rowdyism which is the inevitable attendant upon a new and large rush. Again, nine years ago — even five or six years sinee — it was believed that the town would increase that way tt — that is up Peel-street ; but the result has been otherwise,; hardly any improvements have been niade in Peel-street during the past five years, whereas the town has nearly s^oubled its size from the Commercial and Victoria Hotels down Ross Place in an easterly direction, and r it appears perfectly certain that the march of improvement will still mainly be in that direction. The

junction of Peel-street with Ross Place may bo considered fairly as constituting the centre of the business portion of the town, and it seems beyond doubt that Ross Place will ever be the main street. We think that every one will ' admit these to be facts. What is the case then, as regards the position of the Post-office — which, be it remembered, is also Telegraph, Money Order, Savings Bank, and Insurance Offices at which every day a large amount of business is transacted ? It is perched on the top of a hill, thoroughly isolated, "away from ihe habitations of men." The

amount of 'inconvenience experienced by every resident, but particularly by those whose business ta&es them frequently to the Postoffice, is very great, and it is high time that an effort wa,s made "to have a suitable building erected in a central and convenient position ; ■ — we" say a suitable building, because the present one is not only most inconveniently situated, but it is a wretched tymble-down hut, utterly inadequate for the requirements of the place, inconvenient in every respect, and the approach to it in wet or frosty fc weather is not only abominable, but positively dangerous to limb. The whole affair is a disgrace to the Government and to the in- • habitants of any district who consent quietly to sit down under such a state of things. Let us. end with

a suggestion. The best position for aPost-officein Lawrence is decidedly somewhere near to the Bank of New South Wales' corner. The Town Council owns *a capital section close by that spot, and has long contemplated erecting a Council Chamber. - The Council Chamber ' and the Post-office could easily be united in the same building. Let Town Council, therefore, at once negotiate with tiie Government with a view to carrying out some such scheme. If they succeeded, they will have performed a great public service. "

As^THtfk farce has been placed upon the s\age. and is now being played at Queemtown. "We allude to the Commission appointed to inquire into the charges against Mr. Warden Beetham contained in the famous Chinese petition '.presented to the Provincial Council last session. We feel perfectly safe in predicting that the labors of the Commission will bo utterly valueless— that their decision which will of -course be a triumphant exoneration of Mr. Beetham from the charges preferred againsfhim, will be unsatisfactory both to the public and. to the gentleman wjiose magisterialconduct has been " impeached. The personnel of the Commission leaves no room for anticipating any other result. Mr. Robinson holds a similar position to that of Mr. Beetham, and if he itfe eridowed with the common attributes of human nature, he will certainly lean strongly to tKe side of his brother official. He -might himself be placed in a similar position at any moment, and a knowledge that such might be the- case will assuredly influence his judgment. Mr. Robinson is a gentleman we have a very high respectfor,and we know that he will strive to act fairly and impartially ; but, we say emphatically that his official position and the influences engendered thereby. unfit him for the duty of sitting m. judgment over any Warden. What qualifications Mr. John Lillie G-illies has for the office of judge in this matter, .we cannot imagine. The best that can. be said of him, is that he is an indifferent politician, and a* tenth-rqie journalist. All bis political career shows that he is utterly unfit for the position to which be ha& been appointed. Qnce lie gets

an idea into bis head, tho clearest proof that it is erroneous will fail to cause him to abandon it — will only have the effect of making him cherish it more. We "would almost venture to say that before he started -on his journey he formed an opinion, which all the evidence brought before him will not alter. Mr. Maitland is the only one of the Commission on whose decision we would place any reliance ; but we fear that his influence" will be, neutralised by that of bis coadjutors. Again we assert that the decision this Commission arrives at will be looked upon with suspicion. It is a wretched sham, and intended by those who appointed it to be a sham ; and the money spent upon it is a, scandalous wasta of the provincial revenues.