PROVINCIAL COUNCIL.

Lyttelton Times, Volume XIV, Issue 842, 5 December 1860, Page 2

PROVINCIAL COUNCIL.

Tuesday, Nov. 27. The Speaker took the chnir at 5 p.m. Present —all tho members except Messrs. Fyfe, Higgins, Potts, and Iloss. Prayers were read by the Chaplain, and the minutes of the last mooting were read and confirmed. Mr. Blaiuston then laid on the table tho following papers : — 1. Correspondence between the Provincial Government and the Chief Commissioner of tho Waste Lands Board on the subject of the appointment of a clerk in the place of a secretary. 2. Returns showing the attendance on board days of the Commissioners of Waste Lands for the year ended Oct. 1, 1860; and Crown Grants returns for a like period. 3. Correspondence having reference to the conduct of the Inspector of Sheep for the Southern District. 4. lteturns of payments made on account of immigration, as shewn by public accounts of immi- : gration agents, from June, 1855, to Juno, 1860. 5. Particulars of money due to the Provincial Government for passage assistance, Sept. 30, 1860. 6. Copies of correspondence between the Provincial Government and 11. Selfc, Esq. 7. Accounts of the English Agency, from July ], 1859, to June 30, 1860. 8. Correspondence with J.E. FifczGerald, Esq. 9. Keport of Inspector of Schools. 10. Supplementary'report of do. 11. Extract from the Provincial Secretary's letter to ditto. 12. Abstract of receipts and payments by the Provincial Treasurer for the year ended Sept. 30, 1860. , - 13. Statement of receipts and payments by the Provincial Treasurer for the quarter ended Sept. 30,1860. 14. Comparative statement showing the sums voted for the service, of the year ended Sept. 30, I860; and the expenditure incurred within the same period. 15. Keturns of Inspectors of Sheep, from Oct. 1, 1859, to Sept. 30, 1860. 16. Report of Col. T. R. Mould, RE., on the boundary line between Canterbury and Otago. 17. Returns showing cost of immigration by each ship, the number of the immigrants despatched, with analysis of trades, from June, 1858, to latest date. 18. Correspondence be.tween his Honor the Superintendent and Mr. Julius Haast upon the subject of a geographical and topographical survey of the province of Canterbury. ' . Mr. Blakiston would offer a few words of explan - ation touching the absence of his Honor the Superintendent, who had intended to have opened the house for business in the usual manner, but on the question being considered in the Executive, it was thought better not to adopt that course, as a formal opening now would appear to cast some doubt over the validity of their last sitting. It was therefore deemed advisable that his Honor should during this session communicate with the house by message. He would state that it was not the intention of the Government to introduce any great mass of legislation, as it was not thought advisable to prolong the session. The hon. member then glanced at the railway question and the throwing up of their contract by Messrs. Smith and Knight, and stated that it was the intention of the Government to proceed to a certain extent with the preliminary works with, the staff of navvies already available, and whom they must either find employment for or send back to England. He was not at this moment prepared to go minutely into details. The Provincial Engineer was now, however, drawing up a fulll report on the subject, which he hoped would enable him to put the house in possession of all information by Tuesday next.

Mr. Ollivier rose—" To move for the appointment of a committee to inquire into the management of the Waste Lands Board, in order to ascertain if any alteration can be effected in the system or constitution of the Board or the department; and that such committee be instructed to inquire into all the circumstances connected with the appropriation of moneys alleged to have been received by the late secretary to the Boa^ and to report thereon. Such~ committee to consist-of Messrs. Wilkin, C. Ward, Bishop, Latter, and the mover, and to have power to call for persons, books, and to report fifteen days after appointment." Also,—"For a return showing the attendance, on Board days, of the several commissioners and treasurer at the Waste Lands Board, from the first day of Oct., 1855, to the present date." —In doing so, the hon. member remarked, that the house met under painful circumstances, having to deplore the loss of one of its members, who, as far as his duties in that house were concerned, had always proved himself a most efficient officer. It was with great grief that he found himself compelled to press for the enquiry for which he had moved ; but he felt that he iiad a duty to perform, and he felt also assured that had proper exercise been made of the ruling powers in the land board, the council would not now have the present melancholy circumstances to deplore. (Hear, hear.) Nor did he find himself at all able to acquit from blame the treasurer to the Waste Lands Board. He might presently be told that lie was, by his motion, touching on subjects about to come under.' the consideration of another tribunal. Still he considered it was the duty of this house also, in such a case, to institute vigorous enquiry, in order to ascertain whether all proper care and diligence had been exercised or not. He desired also to enquire into the circumstances attending the alleged appropriation of moneys, which he argued never should have been in the secretary's possession at all; it was distinctly the treasurer's duty, and his alone, to receive such moneys. In this he contended that he was borne out both by the original instructions of the first Superintendent to the treasurer, and by the land regulations themselves. The treasurer was bound to be in attendance, and all payments were to be made to him. 'The license to occupy itself distinctly states so. Now, the return before him showed that out of 104 board days in the year the chief commissioner had been present during all but one day; Mr. Bowen, the former treasurer, had been two days absent; the chief surveyor had been 14 days absent, all of which were accounted for either by illness or absence on service; but the present treasurer had been 24 days absent. Of the general conduct of the treasurer he had no complaint to make, everyone knew him to be a most efficient officer, but here lie would assert was a great neglect of duty. The treasurer had absented himself on 24 board days. He had not enquired touching his absence from office on other days. On no other occasion had the treasurer absented himself for more than three or four days in the year save by special permission of the Superintendent. Again, he would ask, during the absence of the treasurer where was his clerk ? Why was not that officer present to receive the moneys during the absence of his principal ? The enquiry for which he had moved was one necessary to allay public dissatisfaction by certain rumours now afloat, not to the credit of the Waste Lands Board. The question was did it or did it not rest with the Government to make that enquiry. ? He believed it did. But mere secret enquiry by the Executive would not satisfy this house or the public. He proposed that the committee should report to the Superintendent and make suggestions. He would move the appointment of the committee.

Seconded by Mr. Tkmpler,

Mr. Duncan must say that he considered it highly objectionable that such an investigation as that sought should go on just now. He was quite ready to admit that the lion, member (Mr. Ollivier) was perfectly entitled to ask for a committee of investigation, but it would have to be by gentlemen who might have to sit on the grand jury at the approaching trial, after which, but not till then, he would be prepared to give the- motion his'cordial support. lie could not bo expected now to enter on all the points of law bearing on the case. He would move as an amendment that the motion be considered on some future day, say Friday week. Mr. Thomson agreed with the last speaker. Ho hoped that the lion, member (Mr. Ollivier) would consent to withdraw his motion. AH in this house must sincerely regret the position in which one of the late members now stood. Ho had no wish to burke enquiry, but ho thought it could take place more appropriately after the ensuing session of the Supreme Court. He would second the amendment.

Mr. IlAitsTON had one more amendment to suggest, namoly, that some members of the Waste Lands Board be added to the committee, in order that they might have an. opportunity, afforded them of offering any remarks they might think advisable on the subject. Mr. Wyatt would have been glad to see the names of members of the Waste Lands Board on the committee, only he thought a difficulty might arise, inasmuch as it might be necessary to call such members to give evidence before the committee.

Mr. Watu> would support the original motion as far as the first part of it was concerned, as he he thought the investigation was one which could quite properly go on at any time. The second part, regarding the appropriation of moneys, he did consider objectionable. He suggested that the motion should be taken in two parts. He opposed the alterations suggested in the names of the committee. Members of the Waste Lands Board should certainly be in attendance on the committee, but not as members of it.

Mr. Olmvier would follow the the lion, member's (Mr. Ward's) suggestion to take the first part only of the motion, or he was willing to postpone it altogether if the house would assent to the appointment of a committee to be named on some future day. Mr. Duncan would in that case withdraw his amendment.

Mr. Hahman thought a distinction should be made between the two enquiries. It would be improper that a,member of the Waste Lands Board should sit on the first—that which touched on the management of the Board; but at the same time it might be desirable to have such members on the committee in the second enquiry. No member of the Board he felt sure would have the smallest wish to throw any obstacle in the way of full and searching enquiry, but he thought that the Board should no* be unrepresented at such enquiry.

Mr. OsjAvmn, as it seemed to be the wish of the house, would withdraw the entire motion for the present, at the same time giving notice'of his intention again to bring it forward at some future date.

Motion withdrawn

Mr. Ollivier was sorry that he should again have to stand forward as a fault finder, but he felt it to be his duty to institute some enquiry into the mode in which the patronage vested in the Superintendent had been exercised, during his absence and that of the provincial secretary, the officer who was responsible to that house for the acts of the executive. It was known that considerable official changes had lately been made in the Waste Lands Office, one office had been done away with and a new one created. Regarding the gentleman who had been found to fill that office he. had no objection to offer. He was he believed a thoroughly efficient officer, the only marvel was that so good a one was found to fill that situation. But the merits of the officer was not the point now to be considered. Some years ago, it had been decided, by that Council, that the duties of the secretary to the Waste Lands Board were most important duties, and sufficient to occupy the whole of his time, and further, the salary was then raised from £200 to £250, to compensate the then holder of the office for the loss of another office, that of clerk to the bench, which the Council decided he should not continue to hold. He considered the secretary to the Waste Lands Board a most important officer, more so than any one of the commissioners; unless indeed it was the intention of the Council that the chief commissioner should himself do the routine work of the office. (Hear, hear!) The office of secretary had now been done away with, and a clerk had been appointed, at a salary of £150 a year, a salary little above that of the office messenger. The question now was, who is responsible ? The Deputy Superintendent? He (Mr. 0.) said no ! He is responsible to no one. This was not a right state of things; the Council should know what are the functions of the Deputy Superintendent, who is not responsible, like the Superintendent. There was also change in another department, that of the Inspectors of Sheep. The Council had said that there should be two Inspectors of Sheep, but one had just been dismissed by the Deputy Superintendent. He would move for copies of any minute or minutes of the Executive Council having reference to the alteration in the management ot the department of the Waste Lands Board, by the appointment of a clerk to the Board in the place of the secretary, as well as for copies of any correspondence which may have passed upon the subject between the Provincial Government and the Chief Commissioner of the Waste Lands Board ; and for a copy of any correspondence with the Provincial Government having reference to the conduct of Inspectors of Sheep for the north and south division, in the performance of their respective duties, as well as,.for a copy of any minute or minutes of the Executive Council directing the. suspension of Mr. Adams from office.

Mr. Blakiston said that it was perfectly competent for the Deputy-Superintendent to exercise all the powers of the Superintendent, excepting only such as are given to that officer by the Constitution Act. As to the Deputy-Superintendent not being responsible, he was, lie considered, doubly so, being responsible both to the public and to his principal. As to the appointment in the Waste Lands office, if the salary now given was considered too low it was competent for the Council to raise it when the estimates should come under consideration. For his own part, he could not see the great responsibility or importance of that office. As to the inspector of sheep, it was true that one of the inspectors had been during the absence of the Superintendent suspended from his office for misconduct and finally dismissed, but no new officer had been appointed in his place.

Mr. Thomson remarked that the Council had affirmed what salary they considered proper for the secretary to the Waste Lands Board. The reduction of that salary might have deterred competent and trustworthy persons from accepting the office. Mr. Duncan could not allow this discussion to end without making a few remarks. The Executive had conferred with the head of the department, who had recommended that the office of. secretary should be done away, and a,clerk appointed at a"reduced salary. The letter of the chief commissioner had been very carefully considered in the Executive. He (Mr. D.) could not see that paying the clerk at a high rate would ensure efficiency. Again, the office of secretary was one which, as far as the regulations were concerned, did not exist. He considered that it would be a wise step in some degree to compel the chief commissioner to take the routine work of the office on his own shoulders. No' one could have any objection to offer to the gentleman who had been appointed to the new office of clerk. Honorable members had now no right to call in question an act of the Executive, the result of which was acknowledged to be satisfactory. What, he would ask, would be the use of the Deputy-Superintendent if he were not invested with certain defined powers? He maintained that Mr. Adams' dismissal was correct in law, and the Superintendent himself was bound by the acts of his Deputy. As Mo the department of Inspectors of Sheep, a change certainly was contemplated but none had as yet been effected.

Mr. Harman considered the explanation afforded most satisfactory. The Superintendent could undoubtedly by law appoint and remove officers, so in his absence could his Deputy. Another point was, that the Superintendent or Deputy did not constitute the whole of the Executive. He (Mr. H.) did not think that the Provincial Secretary was at all relieved from responsibility. ■Mr. Ollivieb denied that in the appointment in the Waste Lands Office the head of the department had been consulted as to the person to be appointed. Proper courtesy had not been shown to that officer. There existed then no pressing necessity for filling the appointment, especially as the Superintendent was, as^ it, were, on the threshold of \m province. The office of secretary was, he. maintained, of more importance than that of the commissioner. He (Mr. 0.) was far from wishing to cast any imputation on the Deputy-Superintendent, or on the general efficiency of the officer now holding that appointment. It was of the office he complained. Tie considered that the exercise of patronage should be vested in the Superintendent only. He would withdraw the motion.

Mr. Olmvieu then further withdrew the remaining, notices of motion standing in his name, with the exception of No. U touching the registration of

dogs, which was postponed, and No. 11, viz.—That a respectful address be transmitted to his Honor the Superintendent, praying that he will direct a suitable provision be made in Mr. Speaker's room, or in one of the vacant rooms in the Government Building for the reception of the books imported for the Council library during last session—which was agreed to. Mr. Thomson also withdrew the notices standing in his name. Mr. Harston obtained leave to introduce a Public House Bill, and one for the Suppression of Gorse in Towns, both of which were read a first time and ordered to be printed. In answer to a question by Mr. llakston, whether it is the intention of the Government to open the communication between any points at a greater dis-

tance from Christchurch than two miles on the

Lower Lincoln and liiccarton roads, so as to enable residents on the Springs track to communicate with the Lincoln district, Mr. Blakiston stated that in due course the subject would meet with full attention.

Mr. Blakiston also stated, in answer to a question by Mr. Ollivier, that it was not the intention of the Government to proceed with the erection of the posts in Cathedral Square, that being a purely ornamental work;—and in answer to a question by Mr. Thomson, that it was not intended to establish the electric telegraph until the land along the line should have been purchased.

After notices of motiow, the Council adjourned at 7.30 p.ru, to Thursday evening at the usual hour.

Thursday, 29tii Nov., 18C0,

The Speaker took the chair at 5 p.m. Prayers were read by the Chaplain, and the minutes of the last meeting were read and confirmed.

A motion by Mr. Blakiston, " That the reserves made temporarily by the Superintendent during the late recess be confirmed by the Council," was put and agreed to.

. A further motion, "That the Town Lands of the several townships of Sefton.Wairewaand Arowenua, be put up to auction in sections averaging a quarter of.an acre, at the rate of £48 per- acre ; also that reserves made within the limits of the town of Sefton be confirmed," gave rise to an amendment by Mr. Ollivier, which was lost on a division. The original motion was then put and agreed to. On the motion of Mr. Blakiston, leave was given to introduce a Trespass of Cattle Bill and a Municipal Bill, both of which were read a first time and ordered to be printed.

Mr. Harman (in Mr. Ward's absence) asked whether the Government has obtained or will take steps to obtain from the engineer of Messrs. Smith and Knight exact particulars of the results shewn by their trial works in the line of tunnel, together with any ether data in their possession, upon which an estimate of the cost of the whole tunnel may be framed.

Mr. Blakiston said, in reply, that the Government were in possession of the main facts of the experience of the contractors in working the tunnel, hut of the deducible results of those operations the late contractors declined to inform the Government.

In reply to a question by Mr. Harman, again on behalf of Mr. Ward, Mr. Blakiston stated that the Harbor Master of Lyttelton had been communicated with, touching the purchase of a suitable boat for the pilot service and the establishment of a beacon on Adderley Head.

After a few unimportant questions and notices of motion, the house adjourned to Tuesday, Dec, 4, at the usual hour.