THE SESSION OF 1907

Dominion, Volume 1, Issue 54, 27 November 1907, Page 8

THE SESSION OF 1907

ITS LEGISLATIVE RECORD

FROM THE ATTORNEY-GENERAL'S

POINT OF VIEW.

The' Hon. Dr! J. G. Findlay, Attorney-General', has prepared for The .'Dominion tho following analysis of tho principal-measures passed by Parliament tiiis year:— Public Acts ... ... ... 73 Local Acts ... ... ... 31 Private Acts- ... ... 4 ' " . • Total'-;.;■■■ "';../' ... 114 . Tho Statute Book will not bons largo us in somo ■ previous years, because this yoar, with a singlo exception (Animals Protection Act), thoro arp no consolidating Acts or compilations of existing legislation. ' Tho whole of this year's niatorial is now, and constitutes an unusually important and extensivo addition to the body of-our Statute law.

Tho most important Acts may bo classified in tho following manner, in accordanco with their subject matter: —

Land:— 1. Land Laws. Amendment Act. 2. Natioiial Endowment Act. 3. Land and Incomo Assessment Act. 4. Native Land Sottloment Act. A group of measures of tho first importanco, making far-reaching reform in _ tho whole system of the tenure and disposition of both Crown and Nativo lands.

Essential' principles embodied : — 1. Substitution. of renewable leases for leases in perpetuity. ' 2. Limitation of area imposed in tho case of all land heroafter alienated from tho Cwwn. .

3. Preservation of practically one-half of the remaining Crown lands as a perpetual endowment, not to be sold or otherwise alienated. ' •;■■■■ .■■■'■.-■

4. Ensuring the subdivision of largo estates by an effectivo system" of graduated taxation, which admits of no evasion. ' 5. Reform of tho ballot system, by establishing preferences. 6.' Compulsory purchaso of land for settlement at price dotermincd by Government valuation, so graduated that no possible injustice can be done to the owner. 7. A now system of disposing of Native lands for lease and sale, with security of title, effective limitation of area, direct dealing with Boards instead of with Nativo owners, and full value secured to Natives by means of public auction or tender. Social Reform:— 1. Divorco and Matrimonial Causes Act Amendment: Removes - the scandal of what was' practically divorco-by,i mutual consent. Extends divorco to cases -'oi murder, attempted murder, and incurable insanity. , 2. Gaming and Lotteries Act Amendment: A wise compromise, by which betting is allowed under- strict' conditions on racecourses, and effectively prohibited olsewhero. : •

3. Salo of Food and Drugs; Act: Tho most thorough-going and far-reaching attempt yet mado to put down fraudulent' commercial practices in the salo of foodl ; .

4. Public • Health: Further provision for consumptive sanatoria. One more stage in tho .great humanitarian'project of stamping out what is still the. greatest scourge of modern civilisation.

5. Tohunga, Suppression: To save the Maori people from those who proy on their credulity .arid.ignorance". . ■

•'. 6. Infant Lifo Protection:. An attempt to put an end to the scandal of infant mortality," and to oxtend the protection of tho Statb to the most unfortunate of tho human race, the illegitimate children. . 7. Packet Licenses: Imposing further restriction on the sale of liquor on board ship.

Political:— 1. Parliamentary , and Executive Titles. 2. Public Sorvice Superannuation. v 3. Public Service Classification. 4. Railways Classification. _•' \ 5. Post and Telegraph Classification. Commercial:— ■ ~, 1. Tariff Act: Reforming tlio whole scheme of the Customs duties, sweeping away anomalies and injustices, and reducing-the cost of the necessities of life. ■ 'An undertaking full of difficulty, and most successfully and skilfully carried out. '^ 2. Flour and other Products Monopoly Prevention: Tho first step in the process of guarding the necessities of lifo from tho devices of rings and monopolists. 3. Butter Export: Protects an immensoly important industry, from, tho injury likely to be caused to , it by careless or unscrupulous manufacturers.and exporters. 4.-Methylated Spirits: Protects tho revenue, and the public health, from a device which has already reached surprising proportions, namely, that of deodorising methylated spirit so as to mako it capable of uso for human consumption. Labour:— . , 1. Factories Act Amendment. 2. Shops and. Offices Act Amendment. 3. Chinese Immigrants Act Amendment. 4. Scaffolding Inspection Act Amendment. 5. Coal Mines Act Amendment. 6. Agricultural Labourers' Accommodation.

Local Government:— 1. Local Bodies' Loans Act Amendment: Reducing interest on Government ioans to local bodies. 2. Counties Act. • ' ' ■' 3. Hospitals and Charitable Institutions. 4. Firo Brigades. / 5/Water Supply Act Amendment. ■ / . General Amendments of the Law:— 1. Marine Insurance: Codifying the whole law on this subject, which has not hitherto been embodied in any Statute. 2. Police Offences:. Putting a stop to a number of fraudulent'practices. 3. Police Offences Act, Amendment: Regulating and controlling the sport of box-

ing. , 4. Bills of Exchange Act Amendment. • , 5. Public Trust Office Amendment. ' 6. Animals Protection.',' , ' 7. Co-operative' Dairy Companies. 8. Education Act Amendment'.

SOME OF THE NEW LAWS.

THEIR PRINCIPAL PROVISIONS.

A number of the measures passed during the lato session call for the consideration of all classes of the community. The scope and purpose of somo of the new laws are indicated below, and others will he similarly dealt with in succeeding issues.

THE GRADUATED LAND TAX,

The Land, and Income Assesment Act, though a taxing Act, was expressly introduced, not as a means of raising revenue, hut for the purpose of' breaking up large estates by moans of a progressive increase in tho graduated land tax.

The new taxation applies to tho current financial year. .:

Where the total unimproved value of all tho land of any taxpayer is not less than £5000, but is loss than £7000, tho rato of graduated land tax oji tho unimproved value is l-16d. in tho pound.

Tho rato of taxation iucrenses gradually with tho unimproved value t of the 'holding. Thus, if thg value is not less than £15,000, but is loss than £17,500, tho tax is 6-16 d. in the pound.

From £35,000 to £40,000"tho tax is 13-10 d, in tho pound.

From £40,000 to £41,000 tho graduated tax is Bs. for ovory £100 of unimproved value, i.0., £100 on an estate of £40,000. For every additional £1000 of unimproved value above £40,000 tho rato of graduated tax is increased by one-fifth of a shilling.

Tho increases stop at £200,000; an ostato of that or any greater unimproved value is taxed at £2 in £100.

All the graduated taxation as already described is increased by 25 per cent, on all land except business premises.

Absonteo landowners have to pay 50 por cent, more in graduated land tax than they would pay if thejr lived ia the Dominion.

Tho ordinary land tax of Id. in the pound and the _ mortgage-■ tnx ■of -Jd. in the pound roniain in force independently of tho new Act. ...

Tho incidence of tho tax is modified in several ways to prevent evasion. Minerals, timber, and flax are not takon into account in assessing'land tax, but the income derived therefrom is subject to income tax. ■

Church properties are oxompt from graduated land tax.

AGAINST FOOD MONOPOLIES,

Parliament was greatly concerned about tho high prices of bread nnd potatoes. Honce the Flour and Other Products Monopoly Prevention Act. :

The Arbitration Court may, at the direction of the Governor, (practically the Government) inquire into tho price of flour, or wheat, or potatoes. -.•'■'• If tho Court finds that tho price is "unreasonably high,!' it will recommend the Governinont to tako off the dutv.

Flour, wheat, or potatoes, as the case may bo, will then be imported freo of duty for throo months,-and as much longer as the Government thinks necessary.

The price of either of. these products will be deomed to be " unreasonably, high'".: if it has been raised by monopoly or combination above the price which would obtain under unrestricted competition. Besides this, tho price of flour will bo deemed "unreasonably, high " .if it is, relatively to the price of. flour, higher in New Zealand than in Australia.

The price of potatoes will be deemed " unreasonably high;" if the arerago wholesale price in Now Zealand is above £7 a ton.

The agricultural and. pastoral societies will have a representative in tho Arbitration Court when it makes inquiries under this Act. •■' • ' ' .

INFANT LIFE PROTECTION

The licensed homes in which infants are kept for payment have been the subject of a good deal of anxious feeling on the part of the public. Vital statistics •. and some evidence at coroners' inquests contributed to this uneasiness. In order to meet tho position the whole of tho law relating to tlieso homes has been reconstruccrel. That is to say, the Infant Life Protection Act, 1896, has been repealed, and the Infant Lifo Protection Act, 1907, has been added to tho Statute Book.

■ The homes (now to be- called "foster homes" will'be supervised by tho Education Department, instead of by the police; as hitherto. ' ■ .

No one may take charge of an infant for more than one week without being licensed as a foster parent. \ ■ The license, which is for the term "of pno year, specifies the , house to be used as a foster home, and tho number of infants that may be kept there. Agreements for payments to foster-parents aro subject, to. official approval. If a lump sum is paid, the Department will take charge of it, and make weekly payments to the foster parent. In case of default, tho Department may pay the foster paront, and recover the money by legal process from tho father, the personadjudged to be the father,, the mother, or the near rolatives.

Any officer appointed for the purpose may outer tho foster-houses, inspect the infants ,and the premises, and examine the record book which the foster-parent is required to keep. He may take a doctor with him. Ho may havo an infant taken away. He has similar powers in connection with unauthorised places whero infants are kept for hire.' ' . • .

No child may be romoved from a fosterhome without'official consont. . ■ .

, ■ The death of an'infant-in a foster-homo must bo notified to the' police within twentyfour hours. Tho Coroner will then got' a medical report as to the cause of death and decide as to holding art inquest. ;. If an inquest is held, tlic Coroner will inquire into the general treatment and condition of tho infant during life. The name of the person adjudged to be the father of an illegitimate child will bo ontered as such by tho Registrar of Births. Notice of any birth must bo given to tho Registrar within soventy-two hours in a city or borough, and within twenty-oho days in any other case. ' ,i...

A judge'or magistrate may, make an adoption ordor without the consent of the parent or guardian, but notice must , bo given, ami there is a right of appoal to tlio Supreme Court. PURE FOODS AND DRUGS., Tho Salo of Food and Drugs Act is largely a consolidation of past legislation. In some cases it also increases tho penalties, adds stringency, and throws greater onus on the seller of mlulatra'tcd goods. Powers of inspection are given to Health Officers, who may also secure any suspected packages, seize adulterated foods or drugs, and destroy decayed or putrefied food or drugs. Any claim for the articles seized must ho made within 48 hours.

For purposes of an analysis, an officer may demand tlio purchase- at current rates of samples of articles he suspects. Any person may also demand to .have a sample analysed after purchasing samo, and paying tho prescribed analysis feo.

Full powers aro given the Chief Health Officer to obtain access to any books or documents dealing with the reception, possession, purchase, sale, etc., of drugs, food, or other substance. . . .

It is compulsory for tho seller, of any 'adulterated food or drug to make tho purchaser acquainted with its nature.

No false or misleading brand, statement, word, label, or mark must be attached; and printed indications as to ingredients must bo correct.

It is no defenco that an offence was not wilful.

If a .warranty is. held -as to the goods, reasonable care must bo exercised to see- that the warranty is correct.

An employer' is rosponsiblo for the sales of his agent.

A Magistrate may order the publication of tho name, occupation, placo of business, and all particulars relating to the offence of any porson convicted under tho Act.

To re-sell such broad.

The quantity of ingredients or drugs to be used in any food, etc., may bo prescribed at any time by tho Governor-in-Council.

Tho provisions of tho Act apply to tobacco, cigars, and cigarettes. It is sufficient for an offence to expose or offer for sale adulterated food or drugs. Tho law relating to the salo of underweight bread is amended by making evasion moro difficult.

To take back from a purchaser bread that tho latter has held for over an hour is an offence.

HOUSING OF FARM WORKERS.

■ By the Agricultural Labourers Accommodation Act decent quarters are assured for agricultural and pastoral workers and fiaxinill hands.

In tho case of accommodation at a homestead, every room where tho labourers are placed must contain at least 240 cubic foot of air space per man. If two or more persons are accommodated, separate rooms for eating and sleeping are to Oβ provided, and a meal-room must contain a nre-placo or some sufficient means of warming it. Regulations as to tho accommodation to be provided in other cases, as, for instance, for men engaged on distant parts of a farm, or in cutting, flax for a flax-mill, may bo issued from time to time by tho Governor-in-Council. Those regulations may vary for different parts of tho Dominion, and for different times of the year. Scparato slcoping accommodation is to bo provided for Asiatics.

No appeal is allowed against tho decision of tho magistrate. Whoro a contractor is employed on a farm, the responsibility of providing for tho moii employed by him is thrown upon such contractor. .

This Act was originally introduced by Mr. Flatman, but was takon up and amended by the Government.

. PRESS OPINIONS,

MANIA FOR LAW-MAKING

(BY TELEGRAM—SPECIAL CORRESr-ONDEXT.)

Auckland, NovomtTcr 26.

In an editorial reference to Mr. Massoy's review of tho work of the session, the "Horald"says: "Mr. Massey draws attention to tho 'waving to intexfore by legislation wjth

overybody and everything, whether such interference was desirable or not.' This, he tolls us, has been more noticeable than ever (luring the past session. We do not think that any responsible member of Parliament would justify to himself this mania for lawmaking which is really tho' result of a most vicious ami growing habit of 'log-rolling.' it is a case of" Ministers and mombers joining together to pass a sco'rfe of Bills which they do not like in order to obtain tho passage of some odd Bill which is their pet creation. The ultimately disastrous- effect of this upon tho country cannot be questioned. It tends, not only •to endanger that legitimate freedom which should only be restricted upon good cause, but to undermine respect for law by making many laws which cannot possibly be enforced. The probability is that some method will have to ho' adopted by which this overloading of the Statuto Books may be restrained, and the legislative-tendencies of our Parliaments kept within duo hounds. Unless this is soon done, overy good citizen will be constantly breaking laws which hnvc no purpose excepting to gratify tho personal whims of individual- members of a Parliamentary majority, a state of affairs which cannot be regarded as desirable oven .by. the law-makers themsolvos."