The Mount Bischoff Railway Purchase Bill , 1900

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The Mount Bischoff Railway Purchase Bill , 1900 (No. 76.) 19 0 0. PARLIAMENT OF TASMANIA. THB~ :MOUNT BISCHOFF RAILWAY,· PURCHASE BILL, -1900, (No. 110): REPORT OF SELECT COMMITTEE, WITH MINUTES OF PROCEEDINGS, EVIDENCE, AND APPENDICES. Brought up by Mr. Minister 0£ Lands and Works, December 17, 1900, and ordered by the House 0£ Assembly to be printed. (No. 76.) · SEL.ECT COMMITTEE appointed on the 7th day of December, 1900, to consider and report upon" The_ Mount Bischoff Railway Purchase -Bill ( No. llO.)" MEMBERS OF· THE COMMI'rTEE. MR. HALL. MR. GUESDON. Mn. PATTERSON. MR. NICHOLV'J. M:a. AIKENHEAD. MR. MINISTER OF LANDS AND WORK!!. Mn. URQUH.A.RT. DAYS OF MEETING. Saturday, December 8; Monday, Dec.ember 10; Tuesday, December 11; Wednesday, December 12; Thursday, December J.3; Friday, December 14; Saturday, December 15; Monday, December 17. WI'l'N ESSES EXAMINED. His Honour Mr. Justice Clark; Mr. John M. M'Cormick, C.E., Engineer of Existing Lines, Tasmanian Govern­ ment Railways; Mr. F. Back, General Manager, Tasmanian Government Railways; Mr. James Fincham; Mr. William Smith; Mr. E. D. Dobbie, Recorder, Launceston; Mr. James Stirling-, Engineer, Emu Bay Railway; Mr. William Jones; Honourable Charles Henry Grant, M.L.C.; Mr. Joseph Dillon, Clerk, Solicitor-General's Office: Mr. Walter Ormsby Wise, Parliam·entary Draughtsman; Mr. James William Norton Smith, Managing Agent for the V.D.L. Company; Honourable Nicholas J. Brown, Speaker of the House of Assembly; Mr.John Mitchell; Mr. William Bowman Arnold, Secretary of the Emu Bay Railway Company; Charles Mitchell, Commissioner of Taxes; Honourable William Hartnoll, M.H.A. ; Honourable Adye Douglas, President of the Legislative Council; Mr. Charles Cameron Nairn, Engineer, Railway Department; Mr. David Jones, District Surveyor, W ara.tah. REPORT. Y ouR Committee has the honour to report to your Honourable House- That it has held several meetings, examined witnesses, and carefully considered all the evidence and correspondence which were obtainable. The proposals, in the Bill referred to your Comrnittee, are ag follow :- (a.) To acquire, at a price named, the whole of the Emu Bay and Mount Bischoff Railway, and certain land contiguous thereto, rolling stock, and otl1er properties now under offer of sale to the Emu ~ay Railway Company, or (b.) As an alternative, to acquire certain lands at Burnie on which are erected and constructed the railway station, and part of the said railway ~·i.mni1;1g from the station along· the foreshore to the wharves and breakwater, and land contiguous thereto, as shown upon plan submitted. (c.) To vest in the Crown eertain land at Burnie necessary for public purposes, (No. '76.) . IV Your Committee was also instructed to inquire into and report upon the clispu tes that have arisen between the Government, the Van Diemen's Land Company, and the Mount Bischoff and Emu Bay Railway Company, and the complications arising there­ from. Your Committee has the honour now ·to report as follows-beg·inning with a reference to the liisto1·y and events preceding· and leading· up to the signing· of a certain· agreement by the then Attorney-General on the 21st May, 1889, on behalf of the MiniEter of Lands and Works, and the various events which followed in connection therewith. The evidence di~closes that in 1876 _a small jetty existed at Emu Bay, on which the Van Diemen's Land Company laid a tram-line, although it does not appear that any specific authority was given them for so doing. This line was completed in 1878. In 1880 (26th June), a letter was written by the Master Warden of the Table Cape Marine Board (see Appendix I), to the agent of the Van Diemen's Land Company and the Manager of the Mount Bischoff Tin Mining Compan_v, asking if they would join with the Marine Board in raising a local subsidy towards constructing an• extension of the· wharf, then first spoken of as a qreakwater. On the 19th October, 1880, the Van Diemen's Land Company's agent replied, agreeing to contribute One thousand Pounds on condition "that the Van lliemen's Land ~ompany wonld be allowed to extend their tramway to the end of the break.water, should they desire to do so. In case of such tramway being laid it would, of course, be worked in the same manner as that laid on the present jetty by the Company and the Marine Board conjointly." In 1886 a contribution of £1500 from the Van Diemen's Land Company was made towards construction of breakwater. This was follmYed by further contributions of £2000 in . 1887, and £1500_ in 1888, a contribution being also received from the Mount Bischoff Company in the ye·ar 1888 of £1000. On 7th December, 1888, the agent of the Van Diemen's Land Uompany wrote to the Minister of Lands (the late Mr. Fillinger) offering to contribute "a further s11111 of £ I 000, provided that an additional amount of £5000 towards t.his work. be voted by Parliament during the ensuing session, and also provided that the right be granted to the Van Diemen's Land Company or their assigns, to run and maintain a railway through the land granted to the Crown in 1872 for wharf purposes and over the breakwater." This letter was referred to the Engineer-in-Chief" for his remarks," and replied to by the Hou. Premier of the day (Mr. P. 0. Fysh), on the 19th December, 1888 (See Appendix V.); the Premier pointing out that the Colony had, up to that time, expended £28,500, and stating that the proposal would receive full consideration. The Eng·ineer-in-Chief (Mr. J. Fincham) having· suggested that more information be obtained as to the alleged necessity for the further expenditure, minutes the letter of 7th December, advising that "the right to run over the break.water be granted, subject'"to the rig·ht of the Govemment to mn their trains on such railway at any future tirne-tlu~t the rails be laid so as not to impede the free use of any part of the jetty for cart traffic, and that the railway be worked under any such regulations as may be imposed by the Marine Board." In the meantime an Act had been passed (52 Viet. No. 6:3), Parliament voting· £5000 towards the lweakwater construction on condition that the Van Dicmen's Land Company contributed £1000; and the Ministl:lr of Lands (Mr. Pillinger) wrote, on the 21st March, 1889, asking that the contribution referred to be made. It is stated, in reply (27th March), that the Van Diemen's Land Company "agreed to· contribute £ 1000 on certain conditions, and we shall be very pleased to carry out this agreement." fsee Appendix VII]. Some little difficulty arose at the time with regard to the mode of payment [ see C_orrespondence, Appendices IX. and X., 15th and 17th April, 1889]. On the 2nd May following, a letter was written by the solicitors for the Van Diemen's Land Company (Messrs. Dobson, Mitchell, and All port) to the Minister of Lands ( Mr. Pillinger) saying that the£ 1000 was available, and could be paid over, and asking Mr. Villinger to "pleaia:e instruct the Cl'own Law officers to prepare the lease of the land required, on which the Railway could be laid down, constructed, run, &c." [see Appendix XI.J. ThiR letter was first referred to the Engineer-in-Chief, who advises that it is "only necessary _that the lease shall give the Company power to lay down rails on the (No .. 76.) breakwater in terrni;; of my former recommendation (23rd January, 1889), so as not to obstruct the use of the same by the Government or the public, and also through land granted to Crown in 1872." A minute was then made by the Minister of Lands on the letter which appears to have been forwarded, with other conespondence in the matter, to the Attorney-General (Hon. A. I. Clark). Mr. Pillinger's minute [see Appendix XI.J asks the Attorney­ General to "have the necessary documents prepared for my signatme, guaranteeing the issue of the lease required by the Company, in accm·dance with Manag·er's letter of the 7th December, 1888, and the Engineer-in-Chief's recommendation of the 23rd January, 1889, and 3rd May, 1889." These instrnctions were endorsed on the 7th May by the Attorney-General, to be forwarded to the Crown Solicitor (Mr. E. D. Dobbie). Between that date (7th May) and the 17th May telegrams passed between the Minister of Lands and the Agent of the Van Diemen's Land Company,. resulting in the latter • wiring that he agreed to contribute £ I 000, on the cond-ition that right ·be grarited to Company to run rail way. through land resumed by Crown in J 872 for wharf purposes, and over the Breakwater, provided that " Government pay proportionate cost of maintenance when running _their trains over the railway. In event of Marine· Board imposing harassing regulations, appeal to be made to the Minister of ~ands and Works" [see telegram 17th May, appendix XII.]. The endorsement of Mr. 'Pillinger to Van Diemen's Land Company's telegram is as follows : -" Conditions agreed to by Mr. Norton Smith approved." On the 20th May, the following letter passes:-" JJear Sir, Herewith draft receipt, on which, being signed by the Minister of Lands and Works, we can hand you the cheque for £ 1000. Yours, &c., • Dobson, Mitchell, & All port. To E. D. Dobbie, Esq., Crown Solicit.c,r" [See Appendix XIII.] This "receipt," which was the agreement to lease, was, contrary to the usual practice, drawn by the Van Diemen's Land Company's Solicitors, Messrs.
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