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THE CAH BIFF RAILINGS 1 DISPUTE.…

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THE CAH BIFF RAILINGS DISPUTE. — ADJOURNED MEETING OF THE OORPOHATION. STATEMENT BY THE TOWN-CLEEK "THERE IS AN ORDER OF THE COURT." A special adjourned meeting of the Cardiff Town Council was held on Wednesday morn- ing for the purpose of completing the business left over from Monday. Alderman T. Windsor Jacobs was voted to the chair, in the absence of the mayor (Alderman T. Morel). The Deputy-Mayor moved the adoption of the committee's report, and Alderman Ramsdale seconded the motion. Mr. Lloyd Meyrick said he should like to ask one question, so that they might see how the matter really stood. He asked the town-clerk whether the action was settled, and whether he had heard from his London agents that the settlement had been confirmed by a judge of the Chancery Division. The Town-clerk said he had had an oppor. tunity of looking into the correspondence since the last meeting, and the matter was now in this position. The summons was issued by the plaintiffs on the 24th of January, and was made returnable on the 27th of January, when the order was made. Since that time there had been some small detail to be completed, but the order was made on the 27th of January, Mr. Lewis Morgan: What is the order? The Town-clerk: An order in pursuance of the terms that have been set out in the minutes exactly. Mr. Lloyd Meyrick: Judgment was entered on those terms? The Town-clerk: Yes. Mr. Lewis Morgan: Can anything be done to upset it. supposing there is an adverse vote. The Town-clerk: It cannot be upset. Mr. White said, having regard to the answer just given by the town-clerk, he would remind them of certain proceedings taken in the past upon matters undertaken by the corporation in Mr. Justice Romer's court. He wanted to know whether it would be open to any of the burgesses to take action if they so desired. The Town-clerk: No. Mr. Good said he thought the law would show the Town-clerk that not only this council, but cjiy meeting outside the council, or any single ratepayer, could apply for a mandamus to the High Court of Justice to restrain the Cardiff Railway Company and the Pier-head sub-com- mittee from carrying into effect the agreement lately made between them. He was sorry to be opposed to the town-clerk, but that was the law. and they could proceed immediately to appoint a committee to make application for a mandamus. Mr. Brain: Who would pay expenses? Mr. Good: The corporation would pay ex- penses, a.nd, even if it cost £5,000, it would be money well laid out. Mr. Symonds: But the agreement has already been carried into effect. You cannot restrain them from doing what has already been done. Mr. E. Thomas said that he was going to propose a. resolution upon the matter. He did not know how far they were to be guided by the questions a.nd answers that they had heard that morning, but he remembered that some time ago, when they had a certain answer upon a. question in that council, they afterwards found that Mr. Justice Romer held an entirely different opinion. So far as this question was concerned, he had only one desire, and that was to secure a full and complete discussion at that council of the merits of the case, in spite of the fact that they could not move to set aside what had been done—if that were so. The members of the council had never had an opportunity of knowing all the facts. The news of this trespass came to the council almost at the end of a meeting, and the committee was appointed when there was almost a panic in the council; at any rate, there was a great deal of excitement. Outside that council there was a. very strong feeling that there was something more to be known—something that the rate- payers were entitled to know. That was the reason why he desired to have a full discussion upon the merits of the case. It was not a question of whether they took an inch too little or too much, or whether they struck down a railing too many or not. The point was that they should consider what they should do in the future if the public rights were assailed. In the course of readings from the reports pre- sented by the committee, he said that they hal a right to judge of the intentions of the persona interested, and the proceedings when the railings were erected just after midnight were significant. Then he found that certain interrogatories put to plaintiffs' witnesses were not answered. Applications had been made to the judges, who ruled that they should be answered, but the committee had closed the case before the judges' order had been carried out and before the questions had been answered. As to plenary powers, he felt that the committee was empowered to deal with the matter fully, but, taking all things into con- sideration, he felt that there was sufficient ground for the charge of hurry and secrecy. He was sorry that there had been a certain amount of personalities introduced into the general dis- cussions on the case. He had sat under Lord Bute's mayoralty, and felt convinced that his lordship would be the last person in the world to try to burke any question of the public rights or to take advantage of anything. He moved a resolution" That this council regrets that the pier-head committee should have arrived at a settlement of the dispute before having received the replies to interrogatories that had been ordered by the High Court of Justice to be answered." Mr. S. Robinson, in seconding the resolution. said they must congratulate Mr. E. Thomas on the lucid and carefully-considered speech that he had made. (Hear, hear.) He admitted that the committee had full power to do cer- tain things, to remove the obstruction, and to take whatever steps were necessary to defend their actions. He never understood, however, that the committee had power to make a settle- ment. If the committee had that power why did the minutes come up for confirmation, and why was a special meeting called to consider the matter? The great point was-Why was question No. 4 in the interrogatories not answered? On that seemed to hinge the whole subject. He could not conceive how the com- mittee could have come to a settlement when that question was not answered. That seemed to him to be vital to the whole case. They were told they had got everything they wanted. It seemed to him that all they had got was a record for the first time tha.t the only right- of-way to the sea the town possessed was at this particular' point. In conclusion, he was eorry that the mayor should have been allowed to sit on this committee, and it was a pity that the town-clerk did not advise him earlier in the matter. It had placed him in a. very invidious and unsatisfactory position. Mr. Lloyd Meyrick said this was a question which had produced so many amateur lawyers that a lawyer by profession spoke with some little diffidence. (Laughter.) He hoped all sub- sequent speakers would imitate the very calm and dispassionate way in which Mr. E. Thomas had addressed the council. He denied that he had a spark of personal feeling against the Bute authorities, and he had no ground for such feeling. What they had to consider was whether they had done justice to themselves and the people who sent them there. It was the duty of the council, in the interest of the ratepayers, to resist any unjust claim and defend any improper action brought against them. (Hear: hear.) Why was there such a hurry to settle this action? The committee was appointed when the council was in a fighting mood, and it waa supported by the whole town in a fighting mood. The only one way in which this matter could have been amicably settled was by a judgment of the High Court. (Hear, hear.) No one ever dreamed at the time the sub-committee were appointed that they had plenary powers to settle the action. Their object was that they should be free. unfettered. and untrammelled in working up the case, and it reflected the highest oredit on the corpora- tion that during the weary twelve months this had been going on there was not a question asked by a. member of the council, and no one ever attempted to put a hindrance in the way of the sub-committee. It remained for them to see whether the sub-committee had justified the ample confidence repceed in them by the council. As a professional man, would he select the very moment when the other llide were embarrassed to settle the action ? He felt that he would not have been doing his duty if he had even talked about compromise at such a time. (Hear, hear.) Alderman Rams- dale on Monday, in the simplicity of his heart. let out a very extraordinary thing, and that was that one of the plaintiffs themselves was the first to suggest a settlement. Unfortunately. it happened that he was Mayor of Cardiff as well, but that did not alter the fact. It was an extraordinary thing that a gentleman, however worthy, should have been appointed a member of the committee when he was one of the very men who were bringing the action against the corporation. He had heard rumours that Sir W. T. Lewis had declined to deal with the com- mittee unless they had plenary powers. He hoped there was sufficient backbone in that committee to have said that they had certain instructions from the council to fight the case out, and that if there was any talk of settle- ment they must go back to the council for in- formation as to how they should act. (Hear, hear.) He considered this was a very unsatis- factory settlement, and it was not a reasonable one. After they knew that the railway com- pany were embarrassed, they suggested terms for a. settlement. They had had to go to the expense of working up this case for upwards of a year, the Bute people granted them a small portion of their demands, and each side were to pay their own costs. This little friendly coterie settling the matter, with the Mayor of Cardiff and a director of the Cardiff Railway Company opening negotiations, was a pretty and peaceful picture. (Hear. hear.) He felt that he had been neglecting his duty somewhat, inasmuch as he had been kept in complete ignorance, from the time the writ was issued until the settlement, and that was why he sup- ported the resolution that had been proposed. Why was the matter settled in a hurry and ip secrecy? He felt there was too much power given into the hands of two or three, and there was a son of aldermanic contempt going on in many of the proceedings for the general body of councillors. (Hear, hear.) He protested against the contemptible treatment of the I council by an unimportant and subordinate I committee. (Hear, hear.) Mr. A. Good asked if he would be allowed to move another resolution if the one before the meeting were not carried. The Chairman: I suppose you know the meaning of Mr. Thomas's resolution? It is a vote of censure upon the committee. Mr. Thomas: Oh, no. I take exception to the chairman's remarks. I meant the resolution to be merely an expression of opinion. Alderman Jacobs said that no doubt Mr. Good would be able to move another motion. Mr. J. Jenkins said that the question was whether the corporation and the ratepayers had a right-of-way or not. He found no fault per- sonally with Lord Bute or Sir W. T. Lewis, for if he were in the latter's position he would not give the corporation any more than they had a right to. He could not understand why the agreement had been made. The mayor one day told him that the settlement was to be made, and that the corporation was to pay £100. but he found that that was agreed to at a meeting at which Alderman David Jones was not present, and after he did attend the com- mittee they found that the question of the £100 was dropped. The Bute people knew that they had a weak case, and so were willing to drop a part of their stipulations. Mr. W. S. Crossman held that the motion could not be regarded as a strong vote of censure. He had no desire to support a strong vote of censure nor to give a silent vote. If the question were put to the vote amongst the rate- payers, it would be found that the large majority would be in favour of Mr. E. Thomas's motion. It had been said that the first sugges- tion of terms of settlement came from the corporation, and he should like to hear :f that would be contradicted. Counsel was consulted when the case was prepared, but was a. similar course taken when the agreement was drawn up? Mr. Fox objected to any section of the corporation usurping any powers that should be dealt with by the whole corporation. They had a duty, and that was to safeguard the town against the rapacity of the land gluttons. Why had there been all the Lurry and backstairs business of the mayor going to the uncrowned king of South Wales seeking a settlement? Was it dignified or dis- creet? If they had gone to the courts and lost the people of the town would have been ready to go further into the question. Sir William Thomas Lewis was the man that slapped the Government in the face when they I sent Sir Edward Fry down, and was not the man to agree to any terms unless they were to his own advantage. He objected to the ten- dency of the business of the town being rele- gated to the hands of small sub-committees. In this matter the committee had acted indis- creet}-. Mr. Lewis Morgan said that he might have been inclined to support the resolution if .t had not appeared so much as a vote of censure. There was a feeling in the town, no doubt, but that was because some of the members of the corporation had not put the facts beiorp the ratepayers fully. He could not understand what importance there was to be attached to the fact that the interrogatoneu were not answered. The answer to the cor- poration was given in the agreement. It seemed to him that the Bute people found themselves in a difficulty, and caved in. The council might congratulate themselves that their legal advisers had drawn up such a strong case that their interrogatories practi- cally settled the case at once. They had been asked, Why settle the case in this manner when you can go to the courts and get a judgment? Mr. Lloyd Meyrick could not say that the agreement was not as binding as a judgment of the High Court could be. It was equivalent to a judgment of the High Court, and in the future there could be no dispute as to the right of the corporation to the eaa. They ought to be fair in considering the matter. The Bute people were of opinion that they had the right to wall in the land by their Act of Parliament. The committee con- sidered that they had a strong case upon different grounds, and, looking at it as pre- sented, he felt that the corporation did have a strong case, but they should remember that in all cases, however strong they might appear when regarded from one side, there was still an element of doubt. If he were in the position of the committee in such a case he would have accepted without hesitation the terms of agree- ment offered. If they had gone on they might have been asked why they had not accepted the terras offered, and been blamed for not saving further expense. They would not have got more than they had now even if they had gone to the court. Mr. Veall asked if Mr. Thomas would not, after the speeches that had been. delivered, withdraw the motion. He believed that the mayor had throughout the whole business done his utmost for the town's interests. Alderman E. Beavan said it appeared to him that for the last half an hour they had been whipping, with a. tremendous labour, a dead horse. Mr. E. Thomas: Who killed the horse? (Laughter.) Alderman Beavan said he felt bound to say he could not support the resolution, because it implied a vote of censure on" the committee. Alderman Ramsdale said he had nothing to complain of in the way the debate had been conducted, but he felt that Mr. Lloyd Meyrick had made a slight attack on the Mayor of Cardiff. Mr. Meyrick: Not as Mayor of Cardiff, but as a director of the Cardiff Railway Company. Alderman Ramsdale said he never knew a man put on a bol1er front or mamtaill a more deter" mined attitude than the Mayor of Cardiff. (Hear, hear.) If it had not been for the Mayor of Cardiff Sir W. T. Lewis would not have given way as he did. The committee did not regret the course things had taken, because they would act in the same spirit again, believing, as they did, that they had done what was best in the interests of the corporation and the town. It had been suggested that the com- mittee were lacking in backbone, but he con- tended that they had as much backbone as any other members of the council. They had never known Alderman Jones yield one inch to the Bute, and he himself had never deferred to the Bute authorities. The same could be said of the other two members who were present. The committee had several meetings, and he did not think it would have been wise for all the details to have been presented to the corpora- tion. They would have been showing their hands to the other side. He repudiated the idea of aldermanic contempt, and he thought they would find that the aldermen were as regular in their attendance, and took as active and intelligent a part in the work of the cor- poration as any member of the corporation, and, 80 far as he was concerned, he would never do a wrong to Cardiff wi.lingly and knowingly. (Hear, hear.) The committee acted on direct evidence, and they were informed that they had power to settle the matter. The town-clerk and his deputy guided them in this matter, and they were justified in acting on the advice thus given. Sir W. T. Lewis never asked them whether they had plenary powers. He asked them whether they had power to discuss and decide the question, and. the minutes were produced to prove what powers they had. They had gained everything they wanted, and a little more than they probably would hava got if they had gone to court. Legal matters were left in the hands of the town-clerk and counsel, and he thought Mr. Riddell had distinctly stated that the committee had done wisely and well in the interests of the town in making that agreement. He asked them to believe that there had been no backstair influence, and there had been no hurry. They acted according to the best of their ability, and he hoped the cor- poration would not pass a stigma upon men who were as honourable as any other mem- bers of the council. Mr. Mildon asked if it was usual for people who caved in to pay their own costs. He con- tended that the corporation had not got in they wanted, because, according to the evi- dence of one of the members of the committee, there was free and uninterrupted access to the pier head, landing stages, and slipway. Mr. Symonds said his question referred to the pontoon, where the Bristol boats landed their cattle. There had been a gate erected there for twenty years. Mr. Mildon said it was apparent that some members of the committee did not believe they had plenary powers until they were told so by the town-clerk. He did not wish to give a vote of censure on the committee, but he wished to state that he was not satisfied with the way in which this business had been done, or with the agreement. (Hear, hear.) Mr. Munn said he did not wish to censure the committee, because he believed they were sincere, and acted in accordance with their best judgment. Mr. C. Bird said he felt that a word or two was necessary from him on this matter. He had carefully considered the papers on the subject, and it seemed to him that the settlement arrived at was a reasonable one. There, how- ever. seemed to be such a divergence of opinion as to the powers of the committee that he did not propose to vote at all. Alderman Lewis said that the corporation had taken the law into their own hands and smashed down the railings. Then matters went on until they saw the flag cf peace. He was a man of peace, unless he saw some prospect of gaining anything material by taking another course. He had every sympathy with the com- mittee. but hoped that the corporation would earn the lesson. He for one was not an advo- cate for leaving the town affairs in the hands of small sub-committees. Mr. H. White thought that if the. committee had takpn the usual course—had presented their report/and left the chairman to make an ex- planatory speech—the criticism that had been uttered that morning would have been dis- armed. Those who had proposed and sup- ported the motion were in a dilemma, for, whilst they had given the committee plenary powers, they found that the committee had not taken the course that they wanted it to, and now brought forward the motion for the purpose of putting themselves right with the section of the public that supported them. In the course of some remarks treating with the history of the caee, he said that the case might have been settled years ago if the corporation had followed up correspondence commenced then between itself and Mr. Corbett. He was in favour of upholding a committee appointed by the council, but in this case they had not carried out the duties that were expected of them. He could not find that they had sufficiently en- forced the public rights over the land in ques- tion. tion. In consequence of remarks made by several members, Mr. E. Thomas said that he did not care a rap whether the motion were regarded as a vote of censure or not. But he had framed it as carefully as he could with the object of avoiding such a vote. The Deputy-Mayor, as a member of the com- mittee, complained that members of the corpo- ration had treated the members of the com-; mittee very unkindly. They had been told that there were sinister rumours in the town, but a man who would give rise to such rumours, and would not come forward and prove them, was a coward of the deepest dye. The Chairman then put the question to the vote, and the following voted:—Against: Alder- man D. Lewis, Alderman Jacobs, Alderman Trounce, Alderman Ramsdale, and Alderman Beavan, Councillors Evans, Veall, Hallett, L. Morgan, Courtis, and Symonds; total, eleven. For: Councillors E. Thomas, W. S. Crossman, H. White, A. Good, Munn, S. Robinson, Lloyd Meyrick, Fox, and J. Chappell; total, nine. Mr. Good commenced to move a motion (as an amendment) to the effect that the corpora- tion should make application for a mandamus to set aside the agreement. Before he had read more than half of -he proposal the chair- man ruled him out of order, saying that if Mr. Good wanted to take separate action he must give notice of motion. Mr. Good proceeded with his reading, but the chairman ruled him out of order. Mr. Fox rose to ask a question, but there was so much interruption that his words could not be heard. Mr. Good: You may rule me out of order if you please. It is a. piece of despicable trickery. Mr. Fox asked the chairman if Mr. Good could not move an amendment under standing order No. 8. and contended that, as Mr. Good's proposal referred to the pier head, his amend- ment was in order. The Chairman: No. I want to go on with the other business. Mr. Good: The town-clerk will tell you that I am in order. I challenge him to say that I am not. Mr. Chappell: Mr. Thomas was allowed to propose an amendment. Mr. Good has another amendment, and cannot he propose it? The Chairman: It is a separate action that he wants us to adopt. Mr. Good: I say that I am in order, and the town-clerk knows it. A1 dermar. Ramsdale: This that Mr. Good wants to propose is a resolution involving a large outlay of money, and to bring it before the fag-end of a meeting is unwise. I think that the chairman is perfectly right in ruling it out of order. Mr. Good: I say that I have a right to bring it forward. The Chairman: You cannot. You are cut of order. I aslc the corporation to support me. The Chairman then put the committee's report for adoption, and declared that the Ayes" had it. Mr. Chappell, amid interruption, proceeded to ask a question, and, when he could gain a hearing, said: Am I out of order, seeing that the resolution has not been put as a substantive motion ? The Chairman: The proceedings of the com- mittee have been put and carried. Mr. Fox: But what about the standing orders, which say that when an amendment is lost the resolution must be put- Mr. Good also tried to speak, but there were cries of Order," and Chair." The Chairman: Yours is not an amendment. I have put the business to the meeting and it has been carried. Mr. Good: Then you were not in order. Upon this there were loud calls of "Order," and Chair, chair." Mr. Good resumed his seat, and the chairman proceeded to put the remaining formal business to the meeting. MR. A. GOOD'S RESOLUTION. It is understood that Mr. A. Good intends to bring forward at the next council meeting the resolution that he tried to force on the council as an amendment at Wednesday's special meet- ing. He was allowed to read only a part of it before he was ruled out of order by the chairman. The resolution, as he drafted it, and as he intends to propose it on a future occasion, runs as follows:- "That this council make immediate applica- tion to the High" Court of Justice for a mandamus to restrain the Cardiff Railway Company and the pierhead sub-committee of the Cardiff Corporation from carrying into effect the agreement lately made between the aforesaid parties severally and jointly, on the ground-first, that the said sub-committee, on their part, made the said agreement without the knowledge by the corporation of its details and provisions; secondly, that this actiou and agreement of the sa.id sub-committee were contrary to the purpose and intention for which they, the said sub-committee, were appointed; thirdly, because the terms of the agreement aforesaid allow an invasion of public rights of way, and thus seriously affect, and are inimical to, the public interests, and act to the prejudice of this corporation. And, further, that a committee of eight members be herewith appointed to carry the above reso- lution into effect; that they take legal advice outside the legal advisers of the corporation, and that they report progress at each monthly meeting of this council, and in any question of emergency requiring settlement that they call a special meeting of the council to consider the same. That the said committee be formed of Aldermen Sanders and Jacobs and Coun- cillors Robinson, Meyrick, Fox, Evans, White, and Jenkins."

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