H.—24

56

Wellington, Thursday, sth May, 1910. Mr. Fitzgibbon., —The union has asked me to bring under the notice of the Commission certain considerations which we submit appear from the evidence. We merely make these considerations to bring more prominently under the notice of the Commission certain facts that we submit have been supported by evidence already tendered —that in connection with the brakes there is a strain thrown on the motormen through the constant use of the hand-brake in conjunction with the magnetic brake; that cars are liable to sudden failure, the cause of which may be detected at the time of examination, but that the self-same cars will in a few minutes ■ afterwards act properly, and the fault may not be detected; that the brake will fail on cars leaving the shed, and the car may be out of control for some time; that the brake will or may fail on application of the first notch, and so render the motorman helpless as far as stopping the cars are concerned. We contend also that, with regard to the reference to failure on the part of the brakes through rough usage on the part of motormen, failure may be put down at times to efforts on the part of the motormen to run up to a fast time-table, the equipment being abused through his efforts to keep a fast time-table, and not through any fault on his own part in unnecessarily roughly using the mechanism. These are the only points that we desire to enunciate. Mr. Myers. —As I find it practically impossible to attend at Chiistchurch in consequence of this Commission having occupied a longer time than was anticipated originally, and of the fact that there is a long criminal sitting commencing on Monday next in Wellington, where I have to prosecute, I, with your permission, would like to address to the Commission at the present stage such observations as I desire to make upon the evidence which has been tendered up to the present time. Ido so for the reasons I have indicated, and also for the further reason that, as far as one can reasonably foresee, no evidence can be given at Christchurch and nothing can happen at Christchurch which can really affect the position of the Auckland tramway in connection with the present inquiry. I think it'is due in courtesy to the Commission to explain, as I have done, the reasons why I shall not be appearing, as I have appeared up to the present time, before the Commission in Christchurch. I propose to arrange for the company to be represented by counsel, but it is not anticipated that the counsel who will appear in Christchurch will require to address the Commission in any way. But I do ask that leave be reserved, and I feel sure that the Commission will reserve it, to the company by its counsel to address the Commission in Christchurch if necessary upon any new matter which may be introduced there, though at present I do not see very well how it can affect the position of the Auckland tramway in connection with the subject-matter of this inquiry. I explained when 1 was opening in Auckland the attitude which was adopted by the company which I represent, and I have endeavoured throughout to maintain that attitude. As I viewed the position, and from the standpoint taken by the company, there were really two questions which this Commission had to consider. The first question was this: The company being prepared—for reasons which I indicated in Auckland when opening, and which I intend to repeat now—to install a new or different brake, what is the most suitable brake to be adopted, having regard to the Auckland conditions? And the second question had reference to paragraph (c) of the matters referred to this Commission, which appears in these words in the Commission itself : 'And generally to make inquiry into any matter or thing arising out of or connected with the subjects of inquiry, into the working of the existing law, or regarding the necessity or expediency of any new legislation in respect thereof." , , , , In the evidence that has been led on behalf of the tramway company we have endeavoured to restrict any comparison of brakes to the question of suitableness to the Auckland conditions; but the question seemed almost of necessity to resolve itself into this: viz., whether an approved type of air brake operating upon the wheels in conjunction with a track brake, or the magnetic brake is the most suitable braking-appliance for the cars upon the Auckland system; and, beyond what may be involved in the necessity of that comparison, the company has not attempted and 1 do not now propose to attempt, to in any way condemn the magnetic brake It is quite sufficient for the purposes of the company to adopt the words which were used by Mr Goodman when he was giving his evidence in Auckland. Ido adopt those words, and therefore 1 propose to repeat them. Mr. Goodman says on page 43 of the printed evidence, "I think the JNewell magnetic brake, under suitable conditions, is the very best form of brake I know of." The company is not concerned to dispute that statement, and, as I say, the company is quite prepared to adopt it; but the company adopts it with the reservation which Mr. Goodman made, and I again refer to his words He says, -You want conditions where you have not to negotiate heavy grades Where you have heavy grades it is necessary to have a brake which you can use on the down grade continuously, and with the masnotic brake to be continually coasting down it throws very heavy and excessive stress on he Sotors " And he proceeds to give at somewhat greater length the reasons for the statement him, and which, as I have said, I am prepared to adopt. However Ido not propose to weary the Commissioners by reading the whole of what Mr. Goodman has said because the Commissioners have it all before them, and will no doubt give what has been said by Mr. Goodman and fay the other witnesses the very fullest consideration. Consequently, from what I have already aid we are not concerned-when I say "we" I mean the company-with he question as to whether the magnetic brake has satisfied requirements in other places nor really is the Wellington Corporation in any way concerned with the question as to what is the best brake for Auckland Some