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Local Board of Health. |'

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Local Board of Health. |' STATE OF THE RHONDDA ROAD. j THE RECENT ACTION AGAINST THE BOARD AT THE ASSIZES AND THE PENDING LITIGATION. I THE SUBSIDIARY DRAINAGE SCHEME. The ordinary fortnightly meeting of this Board took place on Thursday se'nnight, the Rev D. W. Fairlielcl, presiding. There were also present:—Councillor Roberts and Messrs D. Levshon, J. Evans, Major Hague, Thomas Taylor, D. Rowlands, — Gowan, H. LI. Grover (clerk) E. R3es (surveyor), and J. Sprague (deputy- clerk). THE CONDITION OF THE IIIIONDDA EO.\I>. A letter was read denying the charge made by Hr W. W. Phillips at the last meeting to the effect that the contractor of the sewerage works had been selling the top metalling of the road. The clerk: Mr Phillips said lie could prove it. He is not here to-day. Mr Levshon: We had the matter betore the joint Board at Ystrad, and the charge was totally contradicted. Mr J. Evan: It is a matter for the joint Board and not for us. Councillor Roberts: It is a matter for us. If it is found they sold the old metalling it will Bti'eiigt':en our hands to demand fresh metalling on the road. Mr Gowan: Who has got to put the metalling on the road ? Mr Levshon: The contractor is to make the road to the satisfaction of the surveyor. Councillor Roberts: There was something said at the joint Board that he wanted to see Mr Rees, our surveyor, to come to terms to pay a certain sum for us to do the work, because if he does the work it will be partially done, and we shall have I to go over it again. It would be a guarantee for the road would be in our own hands if this were done. Mr Gowan: Has he done the road to the satis- faction of our surveyor ? The surveyor: No. Mr Evans: Have you made an estimate to the point we were speaking of ? The surveyor No. Councillor Roberts: V'r Leyshon, the chairman, and myself were up there. We drove up to the Joint Board at Centre, and Mr Chatterton, the engineer of the sewerage scheme, was with us. When we pointed to the condition of the road on the one side he showed us the road on the other side which was quite as bad, and in some places worse. I think the best thing would be for Mr Rees to meet Mr Parker and nis man,' and give terms for repairing it. Mr Gowan: The public works committee should go with Mr Rees and arrange terms. It is a great shame that the present state of things should be allowed to exist. I beg to move that the public works committee go with Mr Rees to see Mr Parker. Mr J. James: I second that. The clerk intimated that he had received a letter from the liquidators of the Tramway Com- pany, which was read. The communication com- Elained that sets and portions of the tramway had een removed and not made good. It also stated that the old portion o: the road belonging to the Board was in a dangerous condition, and if any accidents occurred through the Board's interfer- ence with the tramway they desired it to be under stood that they would hold the Board responsible. The clerk: They are under the impression that we lave something to do with the sewerage. I have written to say that we have nothing to do with the sewerage. I will write to them again. Councillor Roberts: I should tell them plainly that the sewerage work are in the hands of the Joint Board. The clerk next read a letter from M r W. H. Morgan, clerk to the Joint Sewerage Board, acknowledging the receipt of the Board's letter complaining of ths state of the Rhondda Road and asking for the removal of, the heaps of rubbish thereon. Mr Morgan intimated that the attention of the engineer and contractors had been called to the matter, but the Board would readily see that there were difficulties in the way of a speedy clear- ance. Councillor Roberts: On the face of it it seems provoking to find these heaps remaining on the road. We spoke of it coming down, and it was explained to us that the holes were kept open to allow of the brick works being continued. They have to open the tunnel and carry on the brick- works in certain lengths to meet at these openings. Mr Gowan We do not complain of the heaps near the pits, but of the rubbish left in places where the work has been completed. Councillor Roberts: They lifcve to fetch them from these depots to the places required. Mr J. Evans: Could they not remove them out of the way until they were wanted again ? Councillor Roberts: The Joint Board Engineer is quite prepared to give an order for that, but he wants to know who is going to pay for the removals. Mr Evans: If an accident occurred who would be responsible? Supposing a carriage upset? The clerk: If the heaps were left by the Joint Sewerage Board they would be responsible. Mr Evans And the contractor would be liable to them ? The clerk; This main sewerage scheme is carried out by a Board appointed specially for that purpose, and they are as much a Board as you are. Your Board is not liable for the acts of its contractors. Councillor Roberts: I am sorry that members of the Board who have been appointed on the Joint Board in the Rhondda division don't attend the meetings of that Board. I am sure my friend Mr Gowan will admit that the members from Pontypridd do all they can to have these matters attended to. We are continually harping upon them, but unfortunately those membersjappointed from the Rhondda district have not attended regularly. Mr Leyshon: I entirely endorse what Mr Roberts has said as to the trouble we get at the Joint Sewerage Board. We explained to them that complaints were made, and the Joint Board gave us attentive hearing. Going down fcom Ystrad the other day Mr Chatterton told us he would ask the contractor to take away all except smail stones. Mr Gowan: That is a satisfactory promise only why is the instruction not carried out. Councillor Roberts: With regard to the charge made by Mr Phillips, I think a copy of the letter should be sent to him. Mr Evans: I beg to second that. The motion was agreed to as also, we under- stood, was the-one moved by Mr Gowan earlier in the discussion. THE PROPOSED LOAN FOB LOCAL SEWBRAGE WORKS. A letter was read from the Local Government Board stating that it would be necessary for the Board to make the usual formal application for the above loan before it could come before the authorities in London. The clerk stated that what the Local Govern- ment Board wanted was detailed particulars. Mr Rowlands: Do you want a resolution for that ? Councillor Roberts: I should like to make a remark on that matter. I think it would be well to again defer this matter for a short time. I don't think it would be right for us to commit ourselves to a sum or to a scheme until the County Council inquring into the proposed extension of districts las been completed. By pushing matters on now I am afraid our case would be injured. I understand Mr Chatterton has a sewer to propose I that would enable us to carry the extension up the valley and drain the new district. Well, if we J borrow upon a scheme which does not embrace that, and if our opponents get hold of it they would certainly bring a charge against us that we Were not making proper provision. I don't think that for the sake of a month or so that we should prejudice our position at the enquiry. The chairman: Quite right j Councillor Roberts; J. am as anxious as Mr Rowlands or any other maa in the neighbourhood to see the matter of the subsidiary drainage com- pleted, but I should not like the Board to do any- thing to damage its case at the inquiry. The clerk: I think there is a great deal in what Councillor Roberts says. If we get any part of the district we are applying for we shall have to vary the present scheme. Mr J. Evans: Don't you think it would be much safer to make the estimates for a large sewerage scheme ? Mr Rowlands: I do, but I don't think we have taken that into account. Councillor Roberts: Understand me, gentle- men, I only want to delay the borrowing of a loan for a short time. The clerk: They won't allow you to borrow money on a prospective thing. It will have to be ivc' absolute. I see the force of Mr Roberts' remarks. Mr J. Evans: Supposing there was a question raisad before the commissioner as to the extent of the sewerage scheme—what would we say ? The clerk: We should tell him what we intend _oing. Mr Evans: You must have something definite. Councillor Roberts: We cannot borrow money 'or a district that has not yet been given to us. We ought to wait until we get that district before tve borrow a sum of money. Our opponents will be using everything possible to thwart us. It will iamage our position if we go in for borrowing a large sum of money at a time when we are apply- ing for an extension of our districts. Mr Rowlands I fail to see eye to eye with Mr Roberts in this matter. We have been discussing this question for pretty nearly two years, and we are just in the same position as when we started. Our surveyor told us this day fortnight that sup- posing that we get the district we are asking for the cost of embracing the new district in the sub- sidiary drainage scheme would only mean a sum of 1;200 over the estimate of the present scheme. The subject has been discussed over and over again, and it is now time that we hard an inquiry. It may be three months before an inquiry is granted. Let us fill up these forms and ask for a Local Government Board inquiry, and probably before our application is granted the auestion as to the extension of the district will li £ we been decided. The more we delay the worse we shall be. Mr J. Evans: These forms refer to a loan and not an inquiry. Mr Rowland: But we can't get a loan without an inquiry. Mr Chatterton said that his drain was sufficiently large to meet the requirements of Aberdare and Mountain Ash. I move that we fill these forms and ask for an inquiry at once. Councillor Roberts: I think it is premature to settle the question now. Mr Rowlands: I can't see what there is to pre- vent us settling it. Councillor Roberts: There is a peculiar feature about it. We are borrowing a sum of money now, and we hope to have an extension of the district. We shall then have to borrow another sum of money to carry out the extension, and we shall have to borrow enough to cover the cost of this additional sewer. I must say I don't think you should multiply legal expenses, and I am con- firmed in the opinion that proceeding with the matter of the drainage loan now will hinder us in carrying out the extension. Mr J. Evans: I have no objection whatever to delay the matter unless the Board will suffer from delaying it. i Mr Rowlands: I am strongly against delaying I the matter any further. You are damaging the public generally by adjourning this matter. The public are called upon to suffer by preparing places to carry away their drainage. If we should have to make a second loan let us make it. I can't make ought why this thing is constantly have to make a second loan let us make it. I can't make ought why this thing is constantly delayed. Ever since Januarv last I have been trying to urge this matter on, and here it is. "Mr Hague: Is the inquiry in October? The clerk: Yes, on the 7th of October. ► Mr Rowlands: What would it cost for the extra drain? The surveyor: About £ 300. Mr Rowlands: To go up to Aberdare Junction. We are asking for Aberdare Junction. The surveyor: No, from the Butchers' Arms to Pe-w Road. Mr Rowlands: How much extra would it cost to give us a drain sufficiently large to meet the re- quirements of the districts we are asking for ? The surveyor: I may tell you I have only made the drains sufficiently large to take in Cilfynydd and the other part. I hav= not included the dis- trict we are asking for. Mr Rowlands: Can you give us an approximate estimate what it would cost to take in all the dis- trict we ask for ? The surveyor: We have unly made an estimate for our own district, but we have provided our drains large enough to take the new district in. Councillor Roberts: The fact of our Ipostponing this matter would help us in the inquiry. It would show that we were preparing to carry the drains to the new neighbourhood. In the other way expenses would be multiplied. Mr Evans: It is very awkward, as Mr Rowlands says, to delay this matter from month to month, but it would be still more awkward to have two sets of drains as Councillor Roberts has pointed out. Mr Taylor pointed out that if they intended to include Aberdare Junction and that district they would hardly be able to carry off all the drainage in pipe work, but would have to get a brick sewer. Mr Evans: The plans were approved of by Mr Harpur, of Cardiff. Councillor Robert: Mr Harpur highly approves of the sewer from the lower part of the district. Mr Evans: Let us put the matter to the meet- ing. Mr Leyshon: I don't think we should put it to the meeting. Mr Rowlands will, I know, consent to the matter being postponed. Mr Rowlands: I am sick and tirea of this defer- ing. Mr Hague: It is only for a few months. Mr Gowan: You have no objection to have it adjourned for a short time, Mr Rowlands? Mr Rowlands: I give in. (Laughter). It was then decided to defer applying for the loan. THE RECENT ACTION AGAINST THE BOARD. The clerk reported the result of the action against the Board at the recent assizes. Thejury had found against the Board, and an injunction had been granted by the Judge to the plaintiff. Now in regard to the injunction Mr Arthur Lewis (barrister-at-law) and himself (the clerk) had very strong personal views. The injunction meant that the Board would have to pull down the wall and put up another wall instead. They had had an action on behalf of Mr Thomas this year and last year with regard to the Barry Company on their tramroad, and Mr Justice Mathews then gave them judgment for the trespass, but refused an injunction on the ground that they (the plain- tiffs) allowed the I- arry Company to build the wall without interference, and* they could not be reasonably expected to take it down again. With regard to the recent action the Board wrote on the 16th of August to the plaintiff inquiring if he was the owner of the property. Receiving no reply the Board proceeded to remove the stuff and built the wall without any interference being shown on the part of any one. Mr Arthur Lewis was of opinion that there was a prospect of getting the injunction set aside by an appeal. The plain- tiff's acquiescence or non-interference with the Board during the erection of the wall ought in Mr Lewis's opinion to disentitle him to have removed what is a public benefit, and the order seemed to him to be unreasonable in any case. He (Mr Grover) felt there were substantial ground for set- ting aside that judgment. '1 he chairman: There appears to be a strong point in our favour with regard to the injunc- tion. Mr Leyshon: The land taken by the Board is Mr Harris's land., and he says that he wants to I use it. Council Roberts I was going to ask Mr Grover what decided the case in the plaintiff's favour. The clerk replying explained the case submitted by the Board to the jury, and also the contentions I of the plaintiff. Councillor Roberts; There is something said in town about the plan that was produced in Court, and it is stated that that plan damaged cur case materially. The clerk: They produced the plan that was used- It was a. large scale of the a, dnance survey. There was a single line drawn opposite the Three Horse Shoes, and there was some misunderstand- ing whether that was not a boundary fence. It could not have been a boundary because a bound- ary would be shown by double lines. Councillor Roberts: Did the surveyor admit that the single line on the plan was a boundary line ? The clerk: If there was a retaining wall it would be shown by a double line. A proper fence is shown by a double line. That plan was an en- larged scale on the ordnance plan, was it not, Mr Rees. The surveyor: Yes. The line referred to was a boundary line between the Taff Yale and the car- penter's shop. If it was a boundary wall there would be two lines there. Councillor Roberts: Was this plan made by you ? The surveyor: It was made by Mr Phillips, the architect, and I signed it as correct. Councillor Roberts: It was a copy of the ordnance plan. The surveyor: It was a true plan. Councillor Roberts: It was not checked with the ground. The state of the ground when the ordnance plan was drawn would not justify a cor- rect line being shown. The survey or: The ordnance survey plan was correct, and so was the plan submitted by you correct. The clerk We have abundant evidence to show that at least 20 or 30 years ago there was no fence whatever to prevent anybody from going over. Councillor Roberts: We made the plan in 1875, and the direct line could not then have been car- ried out. The clerk: We proved beyond all doubt that for the last 20 years there has been no fence there. There was no doubt an old pavement at one time. I think the jury were biased to a certain extent, for the judge said that whatever there might have been the Board should have got a provisional order; but that would have cost almost as much Mr Harris's premises. Mr Evans: Even if we got that we should have been in the same dilemma again. It is a waste of time to discuss the question farther. We have lost the trial, and there is an order for injunction. Can't we remedy matters, and settle with Mr Harris now ? Are we going to have that road back in the same state again ? The clerk stated that he wished it to go forth that before the injunction was proceeded with the Board endeavoured to find out who had any claims of ownership on the property. Mr Harris admit- ted that he had received a letter from the Board, but he went away for a week and did not answer it. On the 12th September there was a resolu- tion passed that the Board proceed with the work. He said they were all badly used over the matter. He might have given notice of his claim. Mr Evans: What can we Jo now? Councillor Roberts: I can quite understand Mr Grover's argument, and quite agree with the chairman that there is a great deal in it, but at the same time I should not like to commence another action. Mr Evans: We must do something. We must not have the road back again in the condition as before if we can possibly avoid it. It would be a double shame to the town if this took place—a scandalous shame it would be. Councillor Roberts I think the Board should try to avoid further litigation, I would rather that some one was appointed to see Mr Harris. The clerk: There is strong grounds for appeal. The verdict of the jury must of course stand, but the injunction is lightable. Councillor Roberts: I would not care for further litigation if we can avoid it. The Board has been so unfortunate in its legal cases that I don't think any member of the Board has any heart to prolong this any further. I would rather meet Mr Harris amicably and pay him a reasonable sum for the U feet of his property. Mr Gowan: Let a deputation wait upon Mr Harris and try to settle. Councillor Roberts: I would propose that Mr Leyshon and Mr Taylor see Mr Harris. This was duly seconded and agreed to. THE DEMOLITION OF THE GRAIG TOLL HOUSE. The clerk stated that they had not yet had any reply from the clerk to the County Roads' Com mittee. Mr Evans: We must not delav the matter. The clerk: We can't delay. The writ has been served. Mr Blandy Jenkins said the County Council Committee had been misled by their sur- veyor, who stated that this toll house belonged to them. Mr Evans: What are we to do with regard to Mr John? How do we stand now ? The clerk: We must do the best we can to find out the facts. The County Council offered the house to us. Councillor Roberts: They did not do that exactly. The clerk They mentioned the word Trebanog and the Board presumed it was an error for Graig. I wrote to the clerk of the County Council point- I ing out that they had probably made a mistake I' and inserted the word Trebanog for Graig. Mr Evans: Did you receive a reply to that? The clerk: No. The chairman And it was understood that the correction was accepted. Mr Gowan: Can we not appoint a deputation to see Mr John ? Councillor Roberts: I beg to move that Mr Evans and the chairman wait upon Mr John and endeavour to settle the matter amicably. Mr Rowlands seconded and the motion was agreed to. LOCAL VEHICULAR TRAFFIC. Mr Superintendent Matthews. D.C.C., attended before the Board and stated that as there was a sufficiency of brake accommodation plying for hire within the district of the Board he would suggest that no more licenses be granted than those already in existence. There were 20 hansom cabs and 62 horse brakes licensed by them, and several of these brakes were not used on quiet days of the week. Some of the owners complained that many of those who held licenses were allowed to send out brakes on busy days. Ho (the Super- intendent also begged to inform the Board that the police experienced great difficulty in preventing the crowding of brakes. Councillor Roberts: I am glad that Superin- tendent Matthews has seen fit to close the list. I am surprised that he has allowed such a large number to be licensed. There is a possibility of 'I such a thing becoming a nuisance. Mr Evans: You don't complain of overcrowd- ing. Superintendent Mathews; There is overcrowd- ing. Mr Evans If you curtail the number of brakes you will not prevent overcrowding. Councillor Roberts: Can you do away with some not fit. Superintendent Matthews: I have brought it before the magistrates, and still they are allowed to run. Councillor Roberts: There are some not fit to run. Mr Sprague: The licensing day will be On the 1st September, and the licenses for thqse brakes could be then refused. Councillor Roberts: Let these brakes be thought of at the next licensing day. Mr Leyshon: Would it not be better to have a committee of inspection? Mr Sprague: You could appoint a day for in- spection. Mr Superintendent Matthews: I will take care that unless a vehicle is in proper order it shall not licensed again. Mr Evans: Can you compel them all to appear on a certain day for inspection?- Superintendent Matthews: Yes. I can give them notice at any time you wish. But they are licensed at different times of the year. Mr Evans: It would be well to have some stand- ard. Mr Sprague: All the licenses expire on the 1st September. There was no resolution come to. Jr, TRADESMEN'S BLINDS. The Deputy Chief Constable also reported a number of tradesmen for havirt their snup blinds lower than the distance allowed by Act of Parlia- ment. It was decided that the clerk should communi- crte with the ofteiaders and direct them to remedy matters. THE FInE BRIGADE. Superintendent Matthews said he could not arrange for an inspection until the strike was ever. Mr Leyshon: How is tihe tackle of the fire | brigade? Mr Matthews: Some of the appliances are going. I think the members of the brigade are improving verv much indeed, and I think they would be very useful in case of fire. ver Councillor Roberts: But we have to pay for their learning. (Laughter). Mr Matthews: You can't expect to have it done without some expense. (Renewed laughter). CRUELTY TO ANIMALS. The chairman said he had heard of a great deal of cruelty done to animals in their streets recently. The D.C.C. There is a great deal of it going on in the district. The clerk stated that a few days previously several brakes had made four journeys to Cardiff withthesamehorses. The !€. said he had been in communication with the officer of the Society for the prevention of cruelty to animals. A REQUEST. A request made by Mr Lewis, Darren-ddu quarry, to lay a tramway over the old road was granted upon Mr Lewis agreeing to pay 5s. per year rental and entering into an agreement to indemnify the Board against any responsibility for accidents. Mr Lewis is about to build 27 new houses in the locality of the quarry. TENDER FOR METALLING. Eight tenders for hauling and metalling were received and opened, and their further considera- tion was adjourned. This concluded the business.

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