THE CASBY'S CUTTING IMBROGLIO Its Disposal by the Council.

Waikato Times, Volume XXVII, Issue 2218, 25 September 1886, Page 2

THE CASBY'S CUTTING IMBROGLIO Its Disposal by the Council.

At the ordinary meeting of the Waikato County Council yesterday, thin interesting matter came up lor final .settlement, ao far ftß the council are concerned. The clerk read tho following petition nud resolutions forwarded to tho council from settlors in tho Rangiriri district : — Wair.uigi, 21st September, 1S8(>. Wo, tho undersigned petitioners, vvero preneut at tho measurement of Casby's cotting, and heir to pmtrst against any fee being paid to Mr Gwynueth, for the following reason, viz: Mr Gwynneth allowed Mr Sandeti to assist in taking tho lcvtjlt*. On threo separate occasions when tho level waß not sufficiently high, ho (Mr Gwynueth) permitted Mr Sandes to measure the difference and call out .the ineaHure.inont, which he entered accordingly. We earnestly pray that tho council will take tho matter up. We assert that Mr Sandes had no right to be present otherwise than as a spectator. John Smith. Gi;k\m> Sampson*. William Ross. At a large meeting of Wiiirangi ratepayers held on September 20th, with Mr William Ross in the chair, the following resolutions, proponed by Mr Ellis and seconded by Mr Smith, were unanimously carried : — First : That this meeting does hereby protest apain.st any of our money*! being paid to engineer or surveyor in re Caseby'n cutting for the follow ink: reasons : (1). That the surveyor Mr Baher, is a pro perly qualified surveyor quite able to make a correct measurement of said cutting, that being a perfect stranger to all parties concerned in this dispute, and moreover being ignorant that there wa.s,a dispute in connection with the cutting, wo have, perfect confidence m his measurement, and are quite satisfied that his measurement is correct. (2nd). That Mr Gwynneth being personally known to all the parties who appointed him to measure the cutting, and a personal friend of the engineer, and being well instructed by him in all paiticulars concerning tho dispute, we have no confidence in his measurement, as any person in his position might be liable to a prejudicol measurement in favour of the parties employing him. (3rd). That according to the engineer's own showine his surveyor has made a mistake in the mo.isuiement of the cutting, inasmuch as he (the engineer) said to tho surveyor in the presence of two witnesses. " Why I weo yon havo made the same mistake as Mr Baber," cleaily showing that either the engineer liad made a mistake or his surveyor had. Second : That we are also of opinion that there is no blame attiched to our councillor in the action he has taken in this matter, but on tho contrary that ho has done his duty in preventing to tho best of his ability the misappropiMtion of our funds. Thud : That a copy of these resolutions be trans mitted to tho council, and at the s hub time the members thereof be re-pectfullv in formed, that should the council decide to have the cutting re-surveyed, the ratepayers arc prep wed on their own account to have an authored Mirveyor present at the re-sui veying, so that tho two .surveyor-" may compare calculations, and their joint decision will be accepted as final. To tiii: Chmkmax or thk Waikmo Col Nl'\ CoiNCIL. In accordance with the unanimous decision of tho meeting above lofoned to, I do hereby transmit this document to you for the information of the council. William Ross, Chairman. Tho Chairman denied that the petitioners had any right to question tho measurement at all— Mr Seddon movedith.it the letters be not received. He thought the action of tho petitioners was a piece of impertinence. In the face of Mr Gwynnetlfs published letter it was ridiculous to accuse him of being friendly to Mr Sandes.-- -Mr Barugh quite concuned with'Mr Seddon, and seconded the motion. — The Ch.iirtmn said tho ratepayers had no right to finl fault with Mr Gvvynneth's action. — Tho motion was carried. The following petition was also read :—: — To thk Chuumav and Mkmui-.ks of thk Waik\to County Coi noil. We, the ratepayers of Rangiriri, do hereby humbly petition the Waikito County Council, and state, that while we, th<? petitioners, were perfectly satisfied with the agreement come to at the last meeting of your most honourable council to decide the dispute over Casby's cutting by aibitration, we aro of the opinion it was not so earned into effect. We assert th.it when Mr Gwynneth made up !,is calculations lie had no light as an aibitiatoi to take one of the dis;mt nits into hi-, confidence, or act upon any lnsrructions or suggestions from an intoiosted pnty. We aie propaied to move that Mr Sandes publicly as-ei ted tli.it Mr < iwvnneth made th i s mea^urem-nt 7^"> v iid-, and that lie (Mr Sarnies) conected Mr (rwynueth's figuies to 83.") yards. Jn the opinion of your petitioner there is sfi'iug presumptive evidence, thateithei Mi Gwynncth was totally incompetent to act as arbitrator in the mattei, or was inrlu enced by some means in f.ivoni of Mi Sandes, to whose benefit it would b1)b 1 ) to make the measurement m ire. Yom peli turners, considering that virtually no aib.tration has been mide, because tho calculations are really those of one of the disputants, therefore protest against any pivuient being made to Mr Gwynnoth out of our rates until we have employed anothei surveyor (.it our own expense) to ie nnasuie the work.— (Signed) J. Genand, W. B. Lavvpon. J. L. Pol wart, W. McNeill, K. Gall, E. H. Capper, M. Kelehei, W. Maoney, Hugh Sntheiland. Win. Bir-s. W. Hooton, William Fuller, Geoige Selluowd, Henry Gibb. Robeit Gibb. William i'atteit.on, Penh Hertman, DeV. Walker. Mr Seddon moved that this petition be treated in a similar way.— Mr (-ti.th.im seconded the motion, ami the petition w.is not leceived. — The following lepnt fiom Mr Jolin (twynneth, C. X., was nud :— Gambtidge l"tli September. I^ SI >- "Jas. McPiu:hm)N Vmi., C'leik to Waikato County Council, Kiiiknno.i. — Sir. — [n accordance with )ouis of the ."KHi ultimo, .uifl by arrangement, I pioei«''l'il to Waeronga on Wednesday last, and in com p.my with Cr. Johnson, Mr T. G Mr Casby, Mi Ro-s, and Mi Smith ; went out to the cutting on Suideis' Hill, which 1 c.uefullv measuied bv nistiunient.il depths, itc, the result of which lne.isniement is N3,VO."> csibii 1 yard.-', and lo the cniHctiiessof such mea-»ui. 'incuts ami calculations I hereby certify, .v.(l enclose my ace'nwif. - I havo the honovu to be, Si I',1 ', yom- obedient servant,

John (Inn vnnim'h, C.E. The Chairman presumed the council were now satisfied. The disciep.iney in .Mr Sandes' measurement was very ti tiling. — Crs. Seddon and liarugh quite agreed. — Cr. Johnson .said he was? bound toniippoit the first petition read. He himself was present, and ".x\v IMr KaiiJtM A^-i-fc Mr (Jwynncth. When the latter was taking the levels the staff was .sometimes too shoit, and MrSaudes put n piece of ti-tree at the bottom, afterwards mea-aning the length of the stick on the staff, and calling out the numbers.- — The Chan man t>jid it was useless for Cr. Johnson to go on in that way. He could not be allowed to find f.iult with the engineer's measurement. If he had anything el.so to s,\y, the council would listen to him. — Ci. Johnson said the council were treating the ratepayers most unfaiily. — The Chairman called Cr. Johnson to order, but that gentleman took no notice of the chairman, and was proceeding to say that the action of the council was disgraceful, when Crs*. Seddon and Barugh protested against his conduct. — Cr. Johnson said] of course if the council had m.ide up their minds he would sit down. Ho would, however, ask the council to allow the following letter f loin Mr A. K. Uabei, surveyor, to be read, which the chairman agreed to, although he did not ?ce what good it could do :: — ■ Shortland-street, Auckland, September 20th ISStI. Dear Sir.— Your note re Casby's cutting and Mr (Iwynneth's measurement, ,i!>o telegram fiom Mr (Jerrand to hand thi^ morning, Mr Baber, sinr., h.is chccVod my calculations (»f quantities and h'ncK them correct, but suggests that a mewuement by him of my work might not in the opinion of your county council be con fcidered impartial. He .s-iggrsts th.it another engineer should be emplojed. Acting on thirf opinion T ha\e .seen Mr Hunter, of Stew.ut and Hunter, (li\il( 1 i\il Engineers, who will measure the wmk, hi-, charge will be two guineas (I:. 2-,) and travelling evpenses. Jsut beforo iiH'^uiement, you will have to ont.nn foi Mr Jluntet'h u«f the onirinal pi vi and Mvti. n on which thr conti.ict was taken. 01 niti tied copic^, showing (l^pths ; witho' t!us> we can do notlnng moii* than I) i> .i!u,\iy been done. Mr Sande^ wiotf to iiu* si\ mir that F could get ,». copy on p.i\m.'nt, ot 10i t>d, a fro which ought not to h>> ch-n-red on jour district, or .uiy engim < 1 wl" •■>(■> opinion you may a>k. Mr Huntei and my^lf will bo at Wairangi hhhi after

receipt of your reply, f <>f umi^ fu>\nn on yis own iwporiHibillty, |"Vm# niv own r\ pensofl. If my work i- pioved by Mi Huntei to he vuonj? I »"« prcp.n e»J to icfund the money payed to mo hv youiself. I think tlm is .ill fair, but I -ho.ild like t-> have it definitely known who is ritfht , hoping to hear from you soon. --I niin.ui!, yours faithfully, Aiu'HUK K. J&uu.k. T'-H.-'Ba suro to i.-ni.-uih.-i to wilt- if you hrue p<>t tin; pl.ins. Of coui»o }'»u "•i^.i^f Mi If Muter.- -A. I'j. 13. F .F. Johnson Iw]., Wau.mgi. Cr. Jotinsoti siiul ttiiiH! >\a" money enougli Mitwnlxd to bniiß li.i!f-.>-d«>/t'ii eiiKineeii fioni Vuclvl.uul. Th« (.'h.tinnan said tht j couiril could h,i\i> no objection to that. — (Jr. Johnson ,t-,]<crl the council if they would fin m-h him \\ith pl.m^ of tins work. — The ('h.uimui '•.ud the council would considtji th-J m.itter. — Cr. Seddoti he looked upon the whole question a-i settled. Then eiiKiueei had lieen ,i>>pet-.ed, find lie had lieen \nulicated. ft would h,i\p l»*en »i \eiy impiMjiei tiling to hive dcine'l Mr Sandes th» ri^ht to bo prusent. Mi (Jwynneth w .is a tlioiou^rhly fju.ilihed nun, and he «';n (juite c.tptble of deft riding himself. Wh.itevt-r else th»j rur. utly pub lished correspondence disclosed, it w.is quite evident Mr flwynncth could not b> a'cu^ed of favouring Mr Suides. With the taste displayed in Mr (Iw ynneth's li tt<'i the council h.»d, of coui-e, nothing to rlo. - It w.is a^'njed to allow ('i. Johuvin t<» have the pi. ins. Tho matter then dropped.