Welsh Gazette and West Wales Advertiser

LAMPETER. TOWN COUNCIL. WEDNESDAY, 3RD. IxsT. Present, Professor Hugh Walker (Mayor) presiding; Alderman John Jones, J. E. Lloyd, 8. D. Jones, and D. Jones; Councillors Evan Davies, Joseph Davies, Daniel Evans, Daniel Griffiths, Arthur Price, with E. D. Rees (deputy clerk), Rhys W. Jones, (Surveyor and Inspector) Lewis Davies (building surveyor) and Wm, Davies, (rate collector). APPLICATION OF DEPUTY CLERK. The Mayor explained that the first. business before the Council was the tilling of the vacancy caused by the death of their late Town Clerk. He believed that by law the duty and right of filling that vacancy fell to him. He would therefore read the following resolution. Owing to the death of Mr Dr vid Lloyd the Town Clerk, and there being therefore at present no Town Clerk, and no deputy Town Clerk, I hereby appoint Evan Davies Rees of 9, Station-terrace, Lampeter, to do all acts by law authorized or required: to be done by or with respect to the Town Council as authorized by the Section 43 of the Municipal Corporation Act 1882." The Mayor (continuing) said that the appointment was only temporary so as to enable the Council to make a new appointment which would have to be first confirmed by the Local Government Board. This was seconded and agreed to. INSPECTOR'S REPORT. The Inspector reported that the slaughterhouse is regularly inspected and kept in good order. Messrs Davies, Spring Gardens, and Davies, Mile End kindly consented to give a joint valuation of the damage done to David Price's field by the Corporation in taking the drain through the same. They estimate the loss of hay at ZI and loss of grazing at £1. The town is free from diseases of the notifiable Infections class. The laying of pavements was being proceeded with all possible speed, the North Road having been completed with the exception of the carriage crossings. The main service reservoir has been supplemented by the small reservoir so as to keep all storage capacity full. The report was adopted. HENFEDDAU WATER SUPPLY. The Mayor said he had correspondence to lay before the Council, which had occurred between the Town Clerk and Mr Harford's solicitors, respecting the connecting of the Henfeddau Cot- t-IOROA with the main water SUDDIV. The following was a letter received from Messrs Burgess and Sloan, solicitors, Bristol, on June 3rd, with refer- ence to this question June 3rd Mr Harford has consulted us upon the terms of the grant of water rights and other casements made on Septem- ber 7th, 1899, between himself and the Lampeter Corporation. We hear from him that the Corpora- tion have failed to carry out their obligations to supply water to the two cottages called Henfeddau, and that your surveyor tells him it would be neces- sary to go back 400 yards before a proper fall could be obtained into the yard. This is a matter of detail which does not affect Mr Harford, and on his behalf we must call upon the Corporation to comply with his requirements without delay, and afford, at their own expense, the necessary supply to the cottages. The terms of the deed are so clear that the matter does not admit of any discussion. Mr Harford would much regret to have to put into force the powers given him under the deed, but we shall certainly advise him to do so unless we hear from you in the course of a few days that the Cor- poration will comply with his requirements." The Mayor added that reply was forwarded Messrs Isaac Cooke, Sons and Acton, Mr Harford's agent at Bristol, by the Town Clerk in reply to their letter to the effect that the Council denied having failed to carry out their obligation to supply water to the Henfeddau cottages. The Council ù:}d allowed Mr Harford to tap the main in any way he desired on May 1st last, and were agreeable to allow him to connect the main in any other way suggested, but the Council denied liability to make any con- nections. The Council, the" letter pointed out, would regret having to enter into litigation with Mr Harford, and that he would perhaps, on recon- sideration, come to the conclusion that the word "supply" used in the deed, did not carry with it the liability to make connections.—Mr Harford's agents replied with a communication as follows.— Shannon Court, Bristol, llth June.—I he absence of the writer has prevented our sending an earlier reply to your letter of the 6th inst. We observe you contend that your Corporation are n.ot liable to make any connections with the main, and that the word supply" used in the deed does not carry with it such liability. It appears to us that you are dealing with this matter in the same way as you would for a supply to houses in a town, while part of the consideration for Mr Harford's allowing your Corporation to obtain a supply of water from hi estate was, that the Corporation should afford a sufficient supply of wator fur domestic purposes to the two cottages called North Lodge and Hen- feddau, and all other houses and buildings now existing or hereafter erected upon the lands within a distance of 150 yards from the line of pipes. The Corporation have already supplied North Lodge, and made all the necessary connections, and they thereby admitted their liability to do the work, and we cannot but feel sorre surprise, having regard to the way in which Mr Harford has met the Coun- cil in this matter that they should now set up the objection that they are not liable to supply the cottage call Henfeddau. Mr Harford is as much averse to litigation as the Council, but at the same time the matter is of such importance so him, we must inform you that unless the Council are pre- pared to accede to this requirements at once, be will have no other course left open to him but to enforce his rights. We shall therefore be glad to hear from you definitely upon the subject in the course of a few days.—Isaac Cooke, Sons and Acton." The Clerk replied to the last* letter on the follow- ing day stating that a clear and definite answer bad been supplied to thpir application as the Coun- cil bad denied liability to make connections from the water main. The Council had already, as stated, supplied the North Lodge with water in the manner desired by the purchase deed of the water rights, but that the connections were made by the Clerk, and he considered that Mr Harford's agents had been misled as to the facts. The Mayor said it was on this correspondence that the Council must take their line of action, and determine what they were to do. It seemed perfectly clear to him that they had only one course to adopt, namely, to await developement. He bad already forwarded Mr Harford's agents a letter clearly laying (lown the Council's position, and nothing had since been said by Messrs Cooke. Sons, and Acton which had induced him in the slightest to change his mind-that this case was not good in law and equity. To come to a head, he proposed that the Council should retain the position which it had hitherto held. He fÍH1 not thInK: there was aMY necessity for a reply to the letter before them, as it did not even demand answer. The move was rather on the part of their opponents, The Coun- cil bad nething more to do. They (the opponents) would have to move first, and he had only to say that if attacked the Council would defend their position. Mr Evan Davies said he thought it would be well for the public to know that Mr Harford bad already helped himself to the water at Henfeddau. The present tap was within reasonable distance of those residents at those cottages. TLe Mayor said the question had better be placed clearly before the public, as it bad taken place between Mr Harford and the Corporation. The Corporation was liable and admitted its liability, under the contract made for the supply of Vapeli tvater, to supply water. "Supply was the word used in the contract. The Council had supplied North Lodge and were bound by the deed to supplv any other honses built or to be built within 150 yards of the line of the main. 4t the present moment the Corporation was supplying, as it understood the meaning of supply, water to the Henfeddau-cottages. Recently, Mr Harford had insisted that the Corporation was bound to make connections between the main and the Henfeddau cottages, but the Council denied liability to do anything of the sort and maintained that to 41 supply" water meant that water should be allowed to be used from the mains, a proper con- nection having been made. He did not say it was xactly the same, yet it was similar to the supply- ing of water to houses in the streets of Lampeter, but they had never in any case introduced water into houses. In the course of correspondence between the late Town Clerk and Mr Harford's agents, the latter asserted that the Corporation had already supplied North Lodge and made the neces- sary connections, and the Council thereby admitted their liability to do the work. That was a complete mis-statement, as the Council not only admitted, but maintained that it had supplied North Lodge and Henfeddau cottages within the meaning of the contract. Neither at the North Lodge or Henfedd- au cottages bad the Council spent a single penny in bringing the water from the mains or making connections. The Council were that day prepared to supply, in its own sense of the word "supply," these houses or any other houses of Mr Harford's within the limits of the contract, but that it would not spfnd anything on the connections. It was all a question as to whether the making of connections was a duty to be carried out by the Council within the meaning of the word supply" in the contract, or not. Mr Harford maintained that it was, whilst the Council thought vice versa. That was the essence of the question. THE OLD MAIN ROADS QUESTION. The Mayor said that the next matter was also, unfortunately, a disputed one, about which some correspondence had taken place between Mr Har- ford and the late clerk at the end of last year, or at least at the commencement of this year, with reference to several roads in the district. The following communication had been received from Messrs Cooke, Sons, and Acton, s >licitors, Bristol (Ur flarford's agents):— i "Ghyston Buildings, Bristol, 4th June.—We are instructed by our client, Air John Charles Harford,of Falcondale, to communicate with you under the following circumstances. It transpires that for some considerable time past. (1) A part (lying between Troedyrhiw and Blaenpant Cross) of the old turnpike road from Lampeter to Aberystwyth (2), the Maesyfelin road leading to Llanddewi and Llanfair, with the two bridges, one for carts over the Mill Leet, and the other a footbridge, over the Dulas thereon, and (3), a road leading to Lampeter Mill and the Railway Stations, have all been so notoriously out of repair as to have become the subject of articles. It would also appear from our instructions that all the rpads in question are highways, as to No 2 and 3 wholly, within the jurisdiction of the Lampeter Urban District Council, and repairable by them. It further transpires that resolutions have been passed by the various councils, the parishes of which the roads or part of them traverse, calling the at tent inn alike of the Lampeter Urban Council and also the Rural District Council to the state of disrepair, and that Mr Harford personally, as one of the owners whose lands abut upon the roads in question, has com- municated with the Surveyor of your Council verb- ally, and by letter with the Mayor and also with the Chairman of the Rural District Council, but that hitherto all attempts on Mr Harford's part to induce the respective Councils to execute the repairs necessary to the several roads and bridges apart from litigation have been entirely un- successful. With regard to road No. 1. the fact that it was originally a coach road through Silian to Aberystwyth leaves the liability to repair it as a public highway beyond question. With regard to reads Nos. 2 and 3 there appears to be no doubt that whatever their origin may have been, these also have been public highways from a period antecedent to the Highways Act 1335, and used by all persons as such, and have always been and still are of great public use and convenience and are responsible by the Highway Authority accordingly. Assuming the worst, however, from Mr Harford's stand-point, and that he failed to establish the legal liability of the Councils to repair the roads and bridges above referred to, it is quite clear that they cannot remain in their present condition, and that the Councils have no power to make him repair them. What substantial benefit, therefore, can accrue to the Councils from the maintenance of their present attitude. Even under the most sanguine circumstances, it is difficult to conceive and we should have thought (although that of course is for the Council alone to decide) that from every point of view a conciliatory policy is calcu- lated to prove more beneficial in the long run to the interests of all concerned. It is scarcely necessary for us to intimate that it is Mr Harford's desire, if be possibly can, to avoid anything in the nature of a collision with either of the Councils, as his letters to them demonstrate that fact sufficiently. On the other hand, he feels, as stated in hi letter to the Mayor, of 1st January last, that the matter is not one which the Councils should seek to shelve knowing, as they must, that the roads and bridges especially. Nos. 2 and 3, are extensively used by the public, and that it is not reasonable or fair that he (Mr Harford) should be expected to maintain them. Reluctant, therefore, though he be to go to litigation, if the Councils will not accept their responsibility without legal proceedings, Mr Harford will feel compelled to resort thereto. Before, however, proceeding to extremities, and with a view to preventing the possibility of its being said hereafter that he has plunged the two Councils into litigation without I giving them a reasonable opportunity of thoroughly considering their position and meeting him upon the matter, Mr Harford desires us to meet with you and the clerk to the Rural District Council with a view to ascertaining definitely and finally whether they intend adhering to their present positions. On receiving from you and the clerk of the Rural District Council an intimation to that effect, our instructions are to take the necessary steps to obtain a decision upon the issues envolved, but in that event we are instructed to ask your Council to kindly convey through you the precise grounds of their refusal of liability ? We may add that we are writing a similar letter to the Clerk of the Rural District Council. Be good enough to lay this letter before the next meeting of your Council and acquaint us on Mr Harford's behalf of their ultimatum, so that we may be in a position to I I 11 advise Mr nartorct accordingly. The Mayor said it only now remained for the Council to come to a determination as to what was to be done with regard to these three roads Mr Harford contended that the Council should repair these roads, but he believed the solicitors were pro- feeding entirely upon an error. The Council had said that any application to take over the roads in question would receive their due considiration, but as they were threatened with proceedings for not repairing roads they were now to determine their answer to those demands. Mr J. Ernest Lloyd thought that to prevent Mr Harford being misled in any way a copy of a resolution passed some meetings back to the effect that the Council would listen to an application to take over these roads upon its merits, should be sent him, adding that the promise did not imply that the roads would be taken over. The Mayor proposed that the quotation which Mr Lloyd called attention to should be forwarded Mr Harford's solicitors. If he was authorised he would, with the assistance of the Deputy Clerk, draw up a reply to the communication before them. Mr J. E. Lloyd seconded the proposition, which was agreed to. SLAUGHTERHOUSE COMMITTEE. Councillor J. Josua Davies, chairman, submitted this committee's report, which stated that four tenders were received for the purchase of the heap of manure, and that the committee recommended that the tender of Mr John Jones, Drovers-road, be accepted at JE5 Os 6d. The report was, on the proposition of Mr J. Josua Davies, seconded by the Mayor, adopted. PLANS. Mr Lewis Davies, the building surveyor, sub- mitted two plans and specifications of two semi- detached villas on the Bryn road, to be built for the Rev Evan Evans, Church-street, and Mr David Evan, Benin. On the motion of Mr J. E. Lloyd, seconded by Mr S. D. Jones, the plans and specifications were approved of. GAME LICENSES. Game licenses were granted to Mrs Hannah Evans, Mr Samuel Davies, and Mr Evan Evans, Bryn-road. CHURCHYARD EXTENSION. Dr Abel Evans, the medical officer, and Mr R. W. Jones, the surveyor, were appointed to represent the Council at the ohurchyard extension enquiry to be held Friday, the 19th inst. FINANCE COMMITTEE. I Mr J. Ernest Lloyd, chairman, submitted this committee's report, which showed that the two plans of two semi-detached houses in Brvn-road. already approved of by the Council, were submitted to the committee and passed. Several bills were examined a:o recommended for payment. The report was adopted. STREETS COMMITTEE'S REPORT. Alderman John Joues submitted the report of this committee, which recommended that a crossing be constructed on the bottom of College-street by Station-terrace, to be made of dressed stone setts, if the financial part of the loan would permit. That the sets offered by the Penant Stone Company at 7s 6d per superficial yard be procured. The committee approved of a cast-iron grating sent as a sample from Mr Isaac. Carmarthen at a cost of 12s, and that the same be procured by the Council. The Committee recommended that the per- mission of Mr J. C Harford be asked to place a urinal in Market-street. Mr J. Joshua Davies opposed the urinal being placed in Market-street,where there were, he said, two already fixed. He suggested that a urinal be made once and for all on the square, and not to quibble about the matter in this way. He proposed that the matter be deferred for a time. Mr D. D. Evans said that there being already two urinals in Market-street, he contended that that was enough. Had permission been obtained from the residents of Market-street 1 He thought that they should have some voice in the matter. Mr S. D Jones seconded the proposition.. Mr Joseph Davies said that only a short time ago they had bought this thing for about £30, and now they left it about unused to be damaged. He considered that this sort of thing was simply p wasting the ratepayers' money. After some further discussion the proposer and seconder withdrew their resolution, in order that the matter might be referred back to the com- mittee for further consideration. The other recom- mendations of the Committees were approved of. STATION-TERRACE RAILINGS. Mr Evan Davies said that the railings in Station- terrace were coming loose, and in some cases pro- jecting into the road. thus being a danger to the public. When a person went to the station in a hurry he would be apt to stick against the project- ing portions. He desired to call the attention of the Streets Committee to the matter, and to get the railing repaired. Mr Ernest Lloyd said that a few years ago it was Mr Harford who placed the railings in Station- terrace. No doubt, if Mr Harford were only ac- quainted with the fact that the matter had been before the Council, he would see to it. The matter was, without further discussion, re- ferred to the Streets Committee. MR HARFORD'S SPORTING RIGHTS. The Mayor announced that the next business was to make up their minds as to the next step with regard to Mr Harford's sporting rights, and attempt to discover the Council's whereabouts in the matter. He was forced to admit that he did not know where they stood, and he only wished that he t nriTiriiitMrrai could be guided by someone. The Mayor then read I the following resolution passed by the Lampeter Union Assessment Committee on March 9th, 1900: The Assessment Committee unanimously agree that what was intended by them when passing the resolution of March 9th, 1900, with regard to Mr Harford's sporting rights was that the assessment of these rights in the parish of Lampeter Urban and Lampeter Rural be reduced to 10s in each parish, to take effect from May 29th. 1898'7 The Rate Collector pre.sented a certificate forwarded by the late overseers to the Loral Government Board, which was to the effect that whereas the Local Government Board had received an appeal against the surcharge of the sum of £41 Is 6d by the Lampeter Union overseers, as made by the South Wales District Auditor, and they considered it to be a lawful appeal, but that the subject matter was incurred under such circumstances as made it fair and equitable that the amount should be remitted, and they directed* accordingly. The Hart' Collector fun her subrnitteo the report of the Auditor upon the surcharge, which stated that at the half-yearly audit, ending Lady Day, 1900, of Lampetfer Urban in the Lampeter Union, held on July 7th, Mr David Lloyd, solicitor, I and clerk to the Lampeter Assessment Committee appeared before him as a ratepayer of the parish to object to the writing off as irrecover- able a sum of ££1.1 6 6cl, purporting to be a reduction Oil appeal by the Assessment Committee in pursuance of a notice under Section 1, Vict. c. 39. Mr Harford was rated to the poor rate in respect of a sum of P,100 gross and £80 rateable value. The overseers received the following resolution passed by the Assessment Committee on March 9th, 1900:—"That the rates paid by Mr J. C. Harford in respect of his sporting rights be reduced to 10s." Mr Lloyd contended that Mr Harford did not appeal to the Assessment Committee on the ground that he was excessively rated, but because he was not liable to the poor in respect of the rights of sporting, and that there was no appeal before the jommittee by Mr Harford on March 9th. The report further stated that it appeared from statements made by members of the Assessment Committee at the audit that Mr J. C. Harford, late chairman of the Assess- ment Committee, and Mr David Lloyd were not on friendly terms, and the alleged neglect on the part of the Clerk to properly advise the Committee was attributed to this fact. Having heard the object- ion of Mr Lloyd, he was of opinion that the overseers had not any legal order or direction of any competent authority to write off the sum of E41 Is 6d. The letter of the Local Government Board (which has already appeared in our columns), re- mitting the surcharge in tae exercise of their equitable 3 uri&diction, was Uien read. 1\11 D Jone?. said that it seemed to him that there should fffl a f -ew oegmmng In reply to Mr S. D Jones it was stated that it bad betii resolved that the Council should not take any further aution until the re-assessment bad been made. The Mayor pointed out that a new valuation of the Union would be in force before another rate was levied, and he suggested that the present rate of 10s should be accepted. On the motion of Mr J. E. Lloyd, seconded by Mr S. D. Jones, the Mayor's suggestion was agreed to. THE LATE MR DAVID LLOYD. I Referring to the death of the late Mr Dd Lloyd (town clerk), the Mayor said.-IVe cannot let this, our first meeting after the death of our late Town Clerk, pass without some tribute to his memory. There is no need here and now to enter into detail about Mr David Lloyd's life and work, but I would 'ask permission to give briefly my own impressions about him. Others may differ widely from me, and perhaps I may be mistaken, but at all events my impressions have been honestly formed, and they shall be expressed with absolute sincerity. No one would willingly speak evil of the dead, but there is always the recourse to silence, and I would far rather be- siltrtt t ban say what I did not believe to be true. Since I became a member of the Council, and especially since you did me the honour of electing me Mayor, it has been my duty to investi- gate a considerable number of the questions with which Mr David Lloyd's name was identified. In every instance. I have arrived at substantially the same conclusion as he. I do not infer from this agreement that we are necessarily right. We may he equally wrong. But it seems not unreasonable to infer that if the motives of one have been right, so have those of the other. I know that my own single motive has been to discover what is good for Lampeter and what are the rights of Lampeter. I am bound to believe, and I do believe, that Mr Lloyd's motive was the same. When you follow a man through his public life and always find yourself driven to agree with him, only one result is possible. That result has come about in my case. The more I have investigated the ques- tions with which Mr Lloyd's name has been associated, and the more closely I have come in contact with him personally, the more I have respected his character and admired his intellect. Things for which I heard him blamed, I found often to fade into nothing, or to beoome absolutely trivial. Sometimes, they got to seem praiseworthy j in my eyes. Mr Lloyd was ap exceptionally able man, an extremely safe and thorough lawyer. He had great knowledge of those branches of law bearing upon municipal work. He was wonderfully acute and clear-sighted, a dangerous opponent and an invaluable ally. After I came to know him well I would have trusted his judgment on a point of law sooner than that of any man I know. Should Lampeter be involved in litigation, his advice will be sadly missed. He would have spared no pains in investigation. He was a man of great energy and power of application, and he could not bear to put slovenly work through his hands. We. as a Council, are concerned chiefly with his professional work, but I cannot pass over in silence his interest in all forms of social work—his enthusiasm in the cause of temperance, his support of the Foresters' Society, his extraordinary kindness to the children of the town. No one knows, no one will ever be able to number, Mr Lloyd's quiet charit ies but the poor of Lampeter have lost in him one of their best friends. Still less can I pass over Mr Lloyd's splendid generosity to the movement for a public hall. So far as be was concerned the site was practically given. There was but one condition at- tached. and if we failed to satisfy that the fault would be ours. It is painful to think that attempts were made to belittle that gift. attempts so pitifully ungenerous that I stand astonished at the existence of human souls so small and poor and mean. I hope that no one engaged in those attempts has subscribed to the Hall, for there must be dirt on any shillings handled by them. L'nfortunately, they have not chosen to come forward into the light, but they must know in their coward s castle of anonymity that they have earned the contempt of all honest and generous men. We shall not imitate their vile example, but acknowledge that, while we are most of us doing our best, according to our means, for th, Hall, it was Mr Lloyd who gave the impulse which will carry us to success, if we are destined to succeed at all. We have lost him, and we shall feel the loss now and for years to come. I doubt whether Cardiganshire posessed a sounder lawyer; I doubt whether there remains to Lampeter a truer or a warmer friend. I propose that the following resolution be sent to Mrs Lloyd and family:—"That the Mayor, Alderman, and Town Councillors of Lampeter desire to express their sense of their great loss sustained by the Borough through the death of its Town Clerk, Mr David Lloyd; their deep appreciation of his long and valuable services, and their profound sympathy with Mrs Lloyd and her family in their bereavement." T .1 I .L L -1 mr u..) nes seconcieu tne resolution. Mr S. D. Jones, in supporting the resolution, also expressed his hi^h appreciation of Mr Lloyd's services, and his sense of loss at his death. Mr Joseph Davies said. as one of the oldest Councillors he could say that their loss would be great. They would miss him for a long time to come. Mr J. Joshua Davies said that he wished to support the resolution. He had respected Mr Lloyd very much. He had found him very true and he bad been grfatly obliged to him many times for his sound advice. Mr Evan Davies and Mr Daniel Evans having also spoken to the resolution, it was put to the meeting and unanimously agreed to. WATER ANALYSIS. In consequence of a recent communication, Mr H. C. Fryer, the clerk to the County Council, wrote stating that there was not at present any appointed county analyst. The County Courcil had now ap- pointed Dr Arthur Brooks, of the U.C.W., Aberyst- wyth, to fill the vacancy, and they were now only awaiting the confirmation of the Local Government Board. Mr John Jones said that the water at the College showed a reddish colour, and he suggested that that should be analysed. Mr Evan Davies said that the water at the upper part of Bryn-road also showed a reddish colour. Mr J Jones Davies said he had not heard any complaints from anyone. To analyse the water would mean something like £8. and when this amount was spent, no doubt he would hear complaints. The Mayor said the analysing of the Capeli water was a matter of necessity. If the cost of an analysis was heavy it would be a light expense in the long run if they could prevent the corroding of the pipes or the action of the water upon the pipes. After some further discussion, it was agreed that the Inspector send a sample of the water to the analyst, Dr Aithur Brooks. THE COUNTY COUNCIL AND BOROUGH ROADS. The County Clerk wrote stating that the Special Committee appointed to go into the question of expenditure upon roads within the boroughs would meet shortly and asked that an exact expenditure of the Town Council upon roads for vbich the Council received a grant from the Count T Council should be forwarded him, the precise length of these roads, and also the roads which the Council declared to be main roads. The Mayor said he did not think a separate account for main roads expenditure was kept, but that the two latter requests could be acceded to, and the Deputy Clerk was directed accordingly.