The Press. SATURDAY, NOVEMBER 1, 1884.

Press, Volume XL, Issue 5971, 1 November 1884, Page 2

The Press. SATURDAY, NOVEMBER 1, 1884.

Thb deeiaion of the House of Representatives on Thursday evening with reference to the District Bail ways resolution is a complete justification of the action of the Legislative Council in connection with the Bill passed through the House of Representatives. Even the Colonial Treasurer professes not to bo grieved at the rejection of that measure, as that step will, he assures us, enable the Government to make much better terms on behalf of the colony than they otherwise could hare done. It most be admitted, however, that the proceedings ! of Ministers immediately after the Bill was thrown ent were hardly in keeping with the Treasurer's latest deliverance on the subject. Had they succeeded in coercing the Bouse in the manner they at first tried to do, we are afraid that we should nave heard nothing whatever on the subject of the interests of the colony in connection with these district railways. Indeed the resolution of which the Premier originally gave novice shows only too plainly what the Ministry were determined to do if they could. It proposed- . to authorise the Government to purchase Hie lines oa the basis of the original cost, and all that Parliament could have done next session would have been to vote the money and look pleasant. Afterwards the views «f Ministers slight modifications as they began to realise what the feeling of the House really was regarding the question. They were still dieposed, however, to carry things with a Hjh hand. The interests of the land ■fctfks and large speculators continued to be their first concern. They were still bent on relieving them of their unresranerative Bpecalations, and placing the liability upon the shoulders of the community at large. But the debate on Monday afternoon last helped not a little to enlarge their views, and enable them to see that the New Zealand taxpayers generally had some alight claim on their i consideration; and the proceedings of the ! Ministerial on_Tueeday tended in the same direction. Bat the Colonial Treasurer, in connection with thia question, required an unusual amount of evidence to convince him that the House I was not doing a liberal thing towards the taxpayers by incurring a liability of something like a million sterling in order to relieve a few wealthy speculators of ! liabilities they had deliberately incurred for their own private advantage. Indeed,

so firmly convinced was the Treasurer that the relief of those few individuals was an enterprise of nations! cooeetm, that be even ventured to e&hmit hie r. solution, in a modified form it is true, to the House on Thursday, and the Government were only saved from, an ignominious defeat by the Premier ruing in hia place and moving aa ameadment i which virtually concedes all that the opponents of the Bill itself have been contending for. ! ; Mr. Stout's resolution blade the I House to nothing whatever. It requests the Government to come to the best arrangement they can with the District Bailway Companies with a view to the acquisition of the lines by the colony, such arrangements being subject to the ratification of Parliament next session. The resolution, as it has been passed, gives the Government no authority to make a contract which can have any effect without the sanction of the Legislature. It would have been open for Ministers during the recess to have done everything they are now authorised to do. An Administration is always in a position to make agreements of that kind, provided they have no effect till the Parliament has been consulted on the subject. In fact, the Stout- VoeßJj Ministry have received a very serious and salutary check. They have dis3oyered that their ingenious device of making all their measures hang together, and of thus coercing members into sanctioning transactions of which many members are ashamed, is producing the usual result. The Government have only to attempt to force a few more such disgraceful jobs as the District Railways Leasing Bill through the House of Representatives to discover that their majority has disappeared as quickly as it was created. ; Now that the Government have been forced to recognise the necessity of regarding the welfare of the colony in preference to the private gain of a few speculators in connection with the parchase of the district railways, it ie to be hoped they will proceed with the task of making arrangements with the Companies in the only manner which can receive the approval of the Legislature next session. They will I only be courting further. disaster if they attempt to submit to Parliament agreements in accordance with the terms laid down in the Bill rejected by the Council. What the public mean by making the "best arrangements " the Government can with a viow of acquiring the lines, is that the price must be fixed on the basis of their present value. Aβ we have said already it is no part of the business of the colony to relieve wealthy speculators of uaremunerative enterprises. If those persons have made unwise speculations they have a right to lose their money in the same manner that other private individuals have to do in similar circumstances. Let each railway therefore be dealt with on its merits, and the publio will be satisfied. Some of the lines, we believe, are speculations which it will pay the colony to take over at or near their original cost. One line, for example, last year paid £2669 in excess of working expenses, or over 3t per cent, after all charges were deduoted. Others, on the contrary, we are afraid will be found to be worth next to nothing. Why should all these lines be treated alike, and purchased by the colony on the basis not of their present value, bat on that of their original cost f If the district railways were acquired on the terms we have suggested — on, f»J» *> 4 per cent valuation—there would then be no necessity even for retaining the rating clauses. We could (hen afford to dispense with those powers altogether, and in this manner the colony would be able to put an end to future agitation without inflicting any iD jury upon the general taxpayer. 1

If the decision of the Resident Magistrate in the case of H. Tatloe, charged with having contravened a clause in the Building by-law, is a correct interpretation of the law, then very serious consequences may follow. A clause in that bylaw provides for every person proposing te erect a new building, or to convert or alter an old one, giving notice to the City Surveyor of such intention,, and depositing plans, &0., with that officer. The obvious intention of this clause in the by-law is to enable the city authorities to discharge efficiently the duty imposed on them by law of regulating the construction and materials of buildings erected within the city. The necessity of entrusting such powers to the municipal authorities is recognised by the Municipal Corporations Act, which authorises Councils to make by-laws on a great variety of Subjects; amongst others, in respect of buildings. They are empowered to prohibit or restrict the use of combustible or dangerous materials, to regulate the construction as to dimensions and materials of the walls of buildings, to regulate the construction and materials of fireplaces, &<s. In pursuance of the above objects, the Christchurch City Council passed in 1881 a bylaw providing tuilding regulations, which were to apply to the inner area/ and one of these clauses—-the one requiring notice to be given and plane deposited—has now been decided by the Besident Magistrate to be ultra vires, on the ground that the Council had exceeded the powers conferred on them by the Municipal Corporations Act when making the by-law. Now it is quite true that the particular section of the Act giving Councils power; to make by-laws in respect of buildings, gives no specific authority to make one on the subject of depositing plans.- But authority to do so ought surely to be the logical consequence of the Council's general powers regarding buildings. If the City Surveyor, in the interests of publio safety, is to see that proper materials are to be used in buildings, that the walls are to be of a specified thtcknese, And that the proper precautions are to be taken against the danger of fire, this duty can only be efficiently discharged by that officer receiving notice before a building is commenced, or an alteration begun, and being put in possession of plans, so that he can know beforehand what kind of building is to be constructed. The bylaw as to the depositing of plena, in fact, is a regulation logically included in a series dealing with the erection of buildings. This view of the case, at any rate, is taken not only by the Christ, church City authorities, but by those of Auckland, Wellington, and other places. It may not, however, be law, and if the by-law is ultra vires the sooner the point is finally set at rest the better. It is clearly in the highest degree inexpedient that-builders should be in a position to commence new buildings, or make alterations to old ones, without the City Jjur-

veyor being acquainted wttfc the .■ tek. It would lead to all to*-*** , cnlties and annoyaneee were £*.*£.-j laws regarding building. *£ force after the work of o,l ™* begun or, perhaps, even concluded. B« tee that a continuous penalty eaa be imposed in ease of breaches of the lawßat eueh a method of protecting the pubKc safety would be alike uneatie. factory to the community and oppressive to private dtkene. We hope it ia not yet too late this session to permit of the law being amended in the direction we have indicated. '