PROVINCIAL COUNCIL.

Press, Volume XIX, Issue 2708, 4 January 1872, Page 2

PROVINCIAL COUNCIL.

OPENING OF TUB SESSION.

Janttabt 3, 1872.

The thirty-sixth .session of the Provincial Council of Canterbury wae opened at two o'clock yesterday afternoon. Present —The following members :—The Speaker, Messrs Fisher, Peacock, Richardson,. Buchanan, Higgins, Matson, A. Duncan, Inglis, Webb, Cowliehaw, Joynt, Maskell, Kennaway, Beswick, Joilie, Sawtell, Westenra, Knight, Melville Walker, Brett, Studholme, Delamain. NEW MEMBEKS; A message from his Honor the Superintendent was read by the Speaker, announcing that Mr Wynn Williams had been elected for Papanui, vice Mr Cox, resigned, and Mr W. K. McDonald, vice'lir Lancelot Walker, resigned. CHAIRMAN OP COMMITTEES. The Speakeb read a letter from Mr J. Beswick, Provincial Treasurer, resigning his office of. Chairman of Committees.

auditob's kepobt. The Speaker laid the following report of the Provincial Auditor on the table. " Provincial Auditor's Office, -" Chriatchurch, .Canterbury, " January 3, 1872. " H. J. Tancred, Esq., Speaker of the Provincial Council. " Sir, —In connection with this report, I have the honor to hand you a comparative statement showing the votes and expenditure under the Appropriation Actforthe year ending 30th September, 1871, and also for the three months ending the 31st' December, 1871, the latter showing the amounts which had passed audit on that day. The Treasurer's accounts for the quarter ending 31st December, 1871, passed audit yesterday. I have very few remarks to make on these accounts.

v The votes have, in most cases, been found sufficient for the requirements of the departments. Dnriag the last three months; the chief exception is in the vote for charitable aid. Under this item his Honor the Superintendent has issued a special order for my certificate for £250. I desire to draw the attention of the Council to a charge which seems to have become permanent in the shape of charitable aid to infirm men, who are and have been in receipt of Government aid for a long periodj and who receive it as labor 'employed, at the Government Domain. This relief amounted in and 1871 to j£374, and for the last three months it has amounted to £239 Iβ 3d.

•• If this charge is to be continued, it if

perhaps a question for the Council to con«id;T v hether it should not bo transform! to th" rote for f Public Plantations,' so that this scrfc of labor should be immediately under the direction of Mr Armstrong, when the actual cost of the department will be brought prominently before the Council. . « Under the head of •'Railway Working Expenses, , I would request the attention of the Council to a report annexed, which I hare addressed to his Honor the Superintendent, after the completion of my aucm the Railway Manager's accounts, submutoci to mc by the accountant. While it will be found that the accounts are satisfactory, l have felt it to be my duty to suggest some alterations in the departments of the storekeeper and the outside goods manager, and which appeared to mc to be called for to secure greater accuracy. The General Manager, acting upon the suggestion has directed a system to be adopted in both departments which will, I think, effectually accomplish the object I had in view, " I have in- former reports drawn the attention of the Council to the consumption of stores of stone, authorised by the Government, but without votes of the Council. The value of these stores was estimated at £2983 on the Ist October, 1869. During the year ending 30th September, 1871, there has been token from this' stock, stone to the value of £1036 18s,.and for which there has been no vote. Stores are necessarily of the same character as money, and should not be appropriated without authority. I observe there has been granted to the Supreme Court, etone %o the value of 63 17 0 Heathcote Uoad Board - - 69 -i 6 Christchurch City Council- - 77 13 G Railway Station- - - - 325 0 C New gaol buildings - - 487 10 0

And since the Ist October up to date there has been consumed 1022 cubic yards of metal for roads, amounting in value to a further sum of £868 14s. None of these items appear in the accounts of the Provincial Treasurer, and consequently will not be found in the published accounts for the year. All these appropriations are consequently in excess of the votes of the Provincial Council. " 1 also desire to draw the attention of the Provincial Council to the appropriation of the revenue derived from the reserves made for educational purposes. These reserves are at present vested in the Superintendent as trustee of the public estate, but the rentals derived from them are now paid into the Provincial account, and are dealt with as ordinary Provincial revenue. Some of these were intended by the resolutions of the Council to be the basis for endowments, and they should be specially disposed of by vote of the Provincial Council, or they should be placed to a separate account for educational purposes and allowed to accumulate. If trustees should be hereafter appointed to hold and to manage these reserves, a refund of these rentals might be claimed on account of the specific character of the reserves, aud that notwithstanding .the existing educational grants. "Attached to this report are copies of communications which I have addressed to his Honor the Superintendent, and which under the Audit Act, 1866,1 am also directed to transmit to you. These relate—lst. To the form of contract entered into by the Public Works department, which appeared to mc to be exceedingly unsatisfactory: I am happy to inform the Council that his Honor has directed an amended form to be adopted, and which will, remove the objections I entertained.

" 2ndly. Remarks upon vouchers arising ont of charges made for inspection Qf sheep on the. Waitaki, ' •

" 3rdly. Remarks upon the appointment of a Provincial Treasurer without the customary bond for fidelity, aud here I must ask the attention of the Provincial Council to this document, and to the alteration in the system hitherto prevailing. ■ "The Provincial Treasurer has always been called upon to give bond varying in amount from £5000 to £10,000.; and this has been the general practice -rith, I believe, but one exception, and that during the brief period in which the office was held by Mr Montgomery, and until the appointment of Mr Marshman as assistant treasurer. In this case, Mr Montgomery was an unpaid political officer, and declined to ■ give security, but Mr Marshman was required to, and did, give bofid for £5000 —so did Mr Stewart, so did Mr Bowen, so did Mr Sale. Having ■ understood that Mr Marshman was to to vacate the office of Provincial Treasurer on the 30th of September, I took an opportunity to remind the Government that if the Treasurer's official signature was required to operate upon the ' Provincial account' at the Bank, it would be neceesary to call upon him. if he was to be a paid officer of the Government; to enter into the usual securities. I have from time to time felt it to be my duty to urge upon the Government the necessity : for fending in by bonds all persons who are receivers or distributors of public revenues; and in the public interest, this principle has been geneTally recogaised. It was with considerable surprise that I heard the practice was to be departed from in so important an office as that of the Provincial Treasurer, and more particularly bo, aa "by the Public Revenues Act, 1867, it was enacted— .

"'That every person who shall be concerned in the receipt, custody, control, issue, or expenditure of the public moneys, shall be required to find security for the faithful performance of his duties by himself and two sureties, or by the guarantee of an approved Insurance Society, in such farm andto such amount as the Government shall direct.' And to this there is a provision 'that it Bhall not apply to the Colonial Treasurer, or to any member of the Executive Counpil, or to the Bank.' It is cpntended, in answer to my objection tp the exemption claimed for the Provincial Treasurer, that ; as. a political officer, he is in the s,ame position as the Colonial Treasurer, and and therefore should be excepted. I demur to this on the ground, that the Cqlpnial Trea.su.rer is, as a Minister of the Crown, surrounded with responsibility, while there is no such responsibility attaching to the officers of a Provincial Government, and none &t. all, except tljat of the possible loss of qffice, I felt it to be my duty to submit the matter to the notice of the Colonial Treasurer, and am advised that my duty would be. discharged by directing the attention of his Honor the Superintendent and the Provincial Council to the very important clause (the 78th) of the Public Revenues Act, 1&67, and which I have above recited. In concluding this portion of my report, Ihaveto inform the Council that the Government have accepted bonds for Mr Jameson?s fidelity to the extent of £2500, thus reducing the security provided by Mr Marshman by one-half. lam anxious that the Council should dismiss from their mind any idea of a personal application of my remarks, because in alluding to' Mr Jameson it is only fair and due to him to add that there is not a.more reliable or a more painstaking officer in the service of the Provincial Government.

- " I TiaVe to xlireofc your attention. tQ an inquiry which, as Provincial Auditor, I have been called upon to hold at the Police Depot, originating in a charge of misappropriation of public stores, brought under my notice by Inspector Pender. The : results of this inquiry will be found..in. my.report to His fTonor the Superintendent, which is annexed, and which are based upon the evidence given before mc upon oath. The Council -will probably call for the original niiuutes of the evidence which I took, and which are attached, to the report. Accompanying this report are copies of letters which I have addressed to his HqnOry referring to matters arising out of this inquiry, and tq which I will respectfully invite the ' serious" attention of the Council. First in order is the copy of an endorsement recorded upon my report m.ade by the Provincial Solicitor, and which, before J proceed to remark upon it, I desire to inform the Council, I copied with the authority of his Honor the Deputy-Superintendent (whose permission I have obtained for thus using hie name) ; and, 2ndly, my reply to it, which I immediately transmitted to his Honor, but which the Provincial Secretary refused to Tecognise or receive. A reference to the Provincial Andit Act, 1866, will, I trust, wtjfifr the Ceuooil that I am justtfed in

respectfully denying the right of the Executive to reject or to endorse Alport £ in the discharge of my dutypkW Jg*|necessary to address to the Supervenient, and ultimately (as the Act reqmres) to:tho Provincial Council,, to whom I am alone amenable. Tlifct report is the property o£ the Superintendent and the Provincial and not of-'the Executive,'whose actions it mi-ht so happen I should find it necessary to criticise or object tio as your officer. " I should have here left the snbjcct to be dealt with at the discretion of the Provincial. Council, but there is contained in this endorsement, strictures upon my conduct ot so serious a character as to demand enquiry. In it I atn charged with holding ' a grossly unfair euquirv,' 'with a desire to record evidence unfavorabfe to the Commissioner,' ' with having intimated my decision long before the enquiry was closed.' &c, Sec., and these charges reflecting upon my conduct as your officer and us a Magistrate still stand endorsed upon mv report, and are allowed to remain on record, while my protest is refused to be received I need not remind the Council that these are grave charges and seriously affecting my position—that under the Act. I am appointed expressly to watch over the interests of the public, to see that the will of the Council as expressed in the Appropriation Act is carried into effect. lam charged with very responsible duties under the Audit Act of 1866," and among these " To bring under the consideration of the Superintendent every circumstance necessary to be known to ensure the faithful discharge by persons (having the receipt and issue of public money and stores) of their several duties in conformity with the law regulations now or hereafter to be in force. , "It behoves the Provincial Council to satisfy itself that I have done my duty according to the trust reposed in mc, and I must respectfully ask the Council to cause an inquiry to be made into the matter, and to uphold mc in the free exercise of my duties, inasmuch as my position, to be of any public value, must be one of perfect independence and free from all bias. » I shall not here comment upon the reply which the Commissioner has made, because it might be thought a prejudgment of the case. I shall merely state to the Council that the Commissioner has thought proper to stigmatise my report as untruthful and malicious, and my comments upou the state of the service as presumptuous and impertinent. He asserts that the service is conducted upon the Victorian model, and that there this method of dealing with public money passing into the hands of the officials as departmental money was recognised, but he seems to forget that no Victorian or any other model could authorise him to receive and to issue money belonging to the Provincial Government of Canterbury save only as the Provincial Council shall have directed —upon my certificate, and under warrant of the Superintendent ; that his being a self-con-stituted receiver was entirely at variance with the Government regulations, which makes the Provincial Treasurer the only responsible officer for this purpose. " It will be seen that it was suggested to mc that I might have put in force the 21st clause of the Audit Act in the case under consideration. But my Teaaons for not doing so will be found in the opinion given to mc by the Assistant Colonial Treasurer with the concurrence of the Assistant Law Officer, to whom I submitted thecase, and a copy of which I have annexed. '

" I have also attached a return showing the amounts received by the Commissioner for travelling allowances for the years 1866, 1867, and 1868, and the absences recorded and drawn from the daily occurrence ;books and forage books of the various stations. " The enquiry has been a painful one, but in the discharge of my duty I could have no regard for individuals. So therefore it will now rest with the Provincial Council to say whether that duty has been properly discharged, and whether these strictures are merited or not.

*' I have the honor to"be, sir, " Your most obedient servant, "J. Ollivier,' " Prov. Auditor." HIS HONOR'S APDBES& His Honor the Superintendent then entered the Council Chamber attended by his Executive, and delivered the following address :.—. ... " Mb Speakeb and Gentlemen, — \ " I regret that circumstances should compel mc to call you together at this season of the year, wheu the shearing as well, as the approach of harvest must make it inconvenient for many of your .number to. attend at the session. V

" The conclusion of the , period for which supplies had been granted by you for the public service renders it impossible to delay the session to a later date. I regret it the more because there haa not been sufficient time since the session of the General Assembly to prepare the measures which it will be necessary to submit to you in place of the Ordinances which will in a few. months cease to be valid under the operation of the Provincial Acts Validation Act, 1871.

" I'have presumed that it will suit your convenience on the present occasion if matters requiring lengthy consideration are postponed, for a session to be held in the autumn, and accordingly only euoh appropriations as it may be deemed advisable to make, and such proposals as require your immediate attention will now be submitted to you.

"In compliance with the opinion expressed by you that it is desirable that the Provincial Treasurer should be a member of the Executive, and have a seat in the Council, a member of the Council has been appointed to the office, and has become a member of the Executive Council.

" The estimates and receipts of expenditure for the ensuing nin,e months will be brought before you without delay. In considering these the altered position of the province under the financial changes effected by the Colonial legislation of last sessjtqn will require your careful attention. From the ftrst day of October last the General Government has taken upon itself the construction of the Northern and Southern lines of railway, and a refund of the amount previously expended by the Provincial Government on those, works has, with some deductions, been made to the Provincial Government. . -. ■

" It is believed that line will be open for traffic, as far as Kaiapoi, before the end of next month, and the terms on which the line will be worked in connection with the existing lines are now under the consideration of-the Colonial and Provincial Governments-

" I hope to be able to place the conditions which maybe proposed before you in a few days: r ■ ■ • ' . ■ -•.•..■.•■ ■;.'■■ :■"

"By recent legislation, , railways id the north as far as the Kowai, and to the South to the Temuka, meeting the line, previously sanctioned from Timaru to' Temukai have , been authorised; Ton will agree with mc that, to. secure. the spccessfijl/-working of the Northern line, it should, be pressed on without delay a"s far as Leithfield,- so as to serve the interests of the large, settled distriot north of Ashley, au4 that to derive the greatest benefit from the extension to the south the line should be taken to the Ashburton, as previously intended by; you, as quickly as material can be obtained for its construction.

~ "Provision has/also been bj the Railways Act, iafl, for the construction, with seme modifications,, of the branch lines as recommended by you, on the condition of the province providing a sum of £42,000 as against a sum of £150,350 to be provided by the General Government; and lam given to understand that these works will "be put in hand without d6}ay, " Tot+ will be asked to make the necessary appropriations of provincial funds for this purpose. '

" By the Immigration and Public Works Act,' 187 V the provisions- of the 39th and 41st sections of the former Act. under which the Superintendent was consulted as to the number and classes of immigrants to be introduced into any province, and as to the mode of settlement of such immigrants are repealed, and it is enacted that the Governor may exercise all the powers, and do and perform all the acts, matters, and things in' the said sections mentioned without any request from any Superintendent' of any proYince. or eaj other person or authority,.

" And by the other sections of the * . ' poweris given to the Colonial Govcr L existing land laws of the vince'are ibade subject to the will of },w Governments in respect of so much of tl ■waste ittDcls of the province as may be con* 5 sidered necessary to enable it to give ef£ e I to the provisions of the Act. * " It is ndedless for mc to point out to how great an extent the exercise of such power must sooner or later interfere with the admi" uistrntion of the waste lands under the law" previorfsly existing, the initiation of which has hitherto rested with the Provincial Lf i pislature, nor how largely this provin ce ;» likely to be affected as compared with moat of the other provinces of the colony.

'• I have thought it right to draw y- ouattention to these points as indicating \h a changes whioh are rapidly being introduce by,.the actiou of the Colonial Legislature " Whether the change in respect of 'tv conduct of immigration will bo beneficial appears to be open to question, and greatly depend on the course adopted by the Colonial Government, which ia now eoleta responsible for it. * " Largely increased responsibilities remain to you in respect of the requirements of the largely increased population which is coa , templatcd. " The General Government has initiated a scheme of Railways as a means of developing the material resources of the country, a n| proposes to make great efforts to introdnca and settle a largo number of immigrant ia the colony.. If the good order, government, and best interests of tha country are to be promoted, corresponding efforts must be made to maintain in a state of efficiency the educational and social institutions which, have ever occupied a prominent, position in the minds of thosa who have worthily engaged in the work o{ colonisation.

" You will be asked to sanction a consider, able expenditure on the general purposes o{ Education, especially, in the erection o! borough and district school buildings, go as to enable fuller advantage to be taken of the provisions o£ the Education Ordinance of last session,' for the purposes of winch taxatioa will be initiated early in this year.

"I desire again to bring under your notice the advisableness of vesting the educational endowments of the province in trustees, aad making provision for the permanent appro, priation of the proceeds of the Educational Reserves to the purposes for which thej wera made. Among the special objects for which it is very desirable that permanent provision should be made independent of annualvotes of public money, which f in times of financial pressure* are of a precarious natnre, and of the proceeds of taxation, which ia nerer popular, and liable to be objected to for anj but purposes of absolute necessity and universal acceptance, I would mention the scholarships, which are so valuable ac forming a link between the primary and high schools, and as leading up to the higher , branchesol education, which I trust ere long- to see pro. moted and guided by the New Zealand Uni. versity throughout the colony.

" A proposal was made on the 16th of lasi month, and has met with general acceptance, to commemorate the twenty-first anniversary o£ the province by the establishment or. sa Observatory. It has since transpired that, unknown to the promoters' of this undertaking, the Astronomer Eoyal had suggested Christchurch as the "best place for the pur« pose, having special regard to important; astronomical observations to be taken in. the year 1874.

" I shall ask you to make provision fortha erection of the necessary, building, and also for the maintenance of the Observatory in pormanence. . '.

"A copy of a telegraphic message which I have received from the Colonial Treasurer, and of my reply to it, will be laid on the table. ■ - - :. •

The necessity for increasing the accommodation in the Hospital and Lunatic Asylum will be brought under your attention. .. " The accommodation in the Orphan Asylum has been considerably increased during the pact year, and it is already fully oe« cupied. "It contains at the present time ninetyeight inmates, and there are still forty-axe destitute children outside its walls dependent on. the Government for their maintenance. The Reformatory, now ia course ,of .erection, will provide for a number of these. That the sums distributed by the Provincial Government in Charitable Aid at the present time, independently of ths expenditure on the Hospitals, Orphan Asylum, and Lunatic Asylum, should amount fo £4000 per annum, is a fact of great significance, and one which will shortly foreo itself on your attention more prominently.

"The total annual expenditure of public money on the above purposes for a popular tion of 46,000 soulb, amounts to £13,6001

"A .copy of •an i Act^ entitled The Forest Trees Planting Encouragement Act, 1871, will be placed before you.' The Act was suggested by resolutions; passed" by you on the subject. Should you be of opinion that its pro« visions can be advantageously brought mto operation in this: province,- it will be necels* sary that you should signify your desire by a, resolution to that effect.

"A Bill introduced into the General Assembly, for the purpose of giving effect to your resolutions as to the repayment o! sums due to the province'under the Canterbury Rivers Act, 1868, waa rejected by tha House of Representatives. "In order to give effect to a resolution passed by you in your last-session, surveys have been made to ascertain whether it is practicable to irrigate pprtione of the plaind, and the rivers which-flow through them. The report of the surveyor, which will ba laid before you, and the experience which has already been gained, in one portion of the province, isfavpra.ble.tq such a result. ■ " The least • expensive and most i eaeiblo propoeal is, to bring portione of the Eivel Hawkins over the plains between the Waima* kariri and the Selwyn, Should the work bo successful, a considerable tract of country will be rendered available fqr profitable set* -tlement, which must otherwise remain ob!/ partially occupied. The v importance of -<ss}s question, in view of the proposals to increase the population , $nd improve tbe means of communication,throughout the pro , vince, can scarcely be overrated;

" Correspondence relative to theimmediaJe payment to the Road Boards of the 'sural available to this province out of the £100,000 of the loan payable, under the Payments to Provinces Act, 1871, will be placed before you. .... , , "" ... "The opening of. communication, which will shortly be complete,- with the 'town , awl port of Akaroa byroad and- telegraph, Iβ* matter which will give great satisfacfcteo to a district whose large resources have bgep hitherto little known. > ::■ ■-. •-, : : -n\u':i

" Though the present proposals for railway extension <do not; include a line to Akaroa, J* oannot be doubted that this important bar* bpur -mil. a£, no distant period be brougbS into closer and better communication wife the interior of this Island. " Gentlemen,—The present position of the province,, in consequence of the increases value of its exports, is a subject forgreas congratulation." " You will join withme in the earnest bop that the ne* year will be one of incitaaJDS prosperity to the province and colony. " I now declare this Council open for the dispatch of busineaa." His Honor then withdrew. . papees. The PROvmciAii Secretary laid sctersl papers on the table. • - ' ATTDITOB'3 BBFOBT. On the motion of the Provincial TARY,.the Auditor's report was ordered to w printed. .> . . BIistKESSOF THE BKSSION. The PBOVINdIAL SECBETABY : Si. 1 "! - * 1^ moving the adjournment oi the House itm»7 perhaps be expected that I should inform yo« of the course which the Government inten« to pursue with regard to the business ot w • session. The Government hope to-morrow .« to lay on the table the estimates whiciJ ta» Provincial Treasurer will bring forward, «» which occasion he will make his statement. As his Honor the Supennren dent has intimated in his address, we snaw bring forward only as few m att jrs <*«£« poriance as poef iWe, wit j» i# ww w "rf

- " J importance ~1~ shall Bring before you' *._be ihe. .Railway ToHe-an4-Management which I shall ask the House to read a first time to-morrow. It is for the convenience of members at this period of the year that the Government wish to facilitate the business, in order to make the session as short as possible. [Hear, hear.] I beg to move that the House do now adjourn until five p.m. to-morrow. The motion was then put to the House and agreed to. * Notices of motion were then given, and the House adjourned until five o'clock today.