AUCKLAND PROVINCIAL COUNCIL.

Daily Southern Cross, Volume XIX, Issue 1950, 16 October 1863, Page 3

AUCKLAND PROVINCIAL COUNCIL.

THURSDAY, OCTOBER 15. The Sneaker took tho chair at five minutes past three o clock.

PETITION. ' Mr. Wynn presented a petition fiom Exuperius Griffiths. Petition received and laid on tlio table.

AUDIT HEt'OnT. Mr. AViIiLtAMS brought up Hie leport of the audit connnittee. message. Tho following message was received fiom his Honor the Superintendent. No. 22, enclosing all conespondenco and memoranda relative to the le-publication of tho Provincial Governinont Gaelic in the Southkhn Cuoss newspapers. On the motion of Dr. Pollen tho panels wore road.

ES» 01' EDKN-STRBKT. Mr l?oiii3Y asked the Provincial Secretary, upon what tetms, if any, the portion of Eden street abutting on the sea slime and enclosed, is occupied by Messis. Brown and Campbell, or their tenant : and whether any provision is made to secure the light of a public road thereon ? Mi 1 . Daldy whs not at present able to answer the question, but inquiiy would be made, and if there were any public light it would bo ceitainly preserved. Mr. Ridings remaikcd that permission had been given to Dr. Campbell to enclose it.

NOUTH AND SOUTH VAIN ROADS. Mr. FoiiEY mov«d, "That an address bo presented to his Honor the Superintendent, leque-sting him to send down to thin council a statement of the amount of money expended on the Gieat South Road and tho Gie.ifc Not th Road, from Ist J.inuaiy, ISSB, up to the piesent tune." He moved this in consequence of the olnllenge thiown out by tho law oflicer a few days back. He believed it would bo found that the proportion spent on the North Road would be veiy small. It was not his place to stand up for the north, but he wished to Hee equal justice done to both. Mi. Wynn said this return would in no way effect the leiu.ukshe hud made. JIo h.ul said nothing about roads, but that the expenditmo noith of the Waitomata in the last five yeais, was moio than what had been spent south of it in tho same time. Tho fact wa*, that the Great South Road w-is the principle item ofex-pen-dituic in the.faouth, but that was not «o with tho noith load. Tho hnn member had better amend the motion, if he wished it to be of any use. Mi. Cill.lsi.man wished the mover to withdraw the motion and amend it for Friday. Mi. Folly txpiOßsed his willingness to take that comse. Motion withdiawn by leave.

rvvjiunn iiriuri:. Mi. Kkrr mo\cd, "That tho report of the Select Committee on the Panmure Bridge Bill he adopted. 1 ' He thought then* would not be much discussion on thi*, as it was the inteiest of the Province that the budge should bo m.ulo. It would release the revenue fiom an annual chaigo of £300 or £100, and sine the expense ol a new punt, which must otheiwise soon take place. The lepoifc, having been read, was adopted. The following is the report as passed :—: — " That tho main questions which aioso for the considei.itiou of your committee were — w bother this nuclei taking should bo prosecuted undor the supervision of a local board or by the Piovincial Government ; and also — whether a land rate should be levied •as. well as tolls established on the bridge. " Your committee have examined w itnpsies, and arc of opinion that tho difficulties attending the levying of a into are such as would lendei it impracticable ; ami having also examined \\itnossen as to the piobablo cost of a bridgo, and the amount of tolls that would arise theiefioni, find that at piehont tho traffic upon a model ate toll would yield a nett i oven no of £1,137 19s. Gd., which would, within £62 Oh. (id., pay tho inteient and sinking fund on £15,000 (the estimated cost of tho budge); and taking into consideration the lapid incicuio of tiaffic that would uueessai lly take place upon, tho completion of the bridge, thcio can bo no doubt that this deficiency would lie nioie than mado up, and thit theie would be an ample margin left for thoneoes'-aiy wnaiis of the budge. "His honor tho Superintendent liaß infmmed your committee that a sufficient number of responsible landownns inle'iested in the constiuction of the budge aie pieprued to enter into u guarantee to the Piovincial Government for the paj'inctit of the iuteiest and sinking fund upon the funds advanced for the construction of the bridge until its completion. r "Youi committee aie of opinion that inasmuch as the le\ying a local l.ito upon tho lands will he found iinpiaclicablo, the foimation of a local honid would be unneees'-ai v and inexpedient, and that the vnik should be uudei taken by the Piovincial Government. "Your committee, theiefore, i "commend that t)>e picscut bill should not be proceeded with any fuither, and that a respectful addicts be pi emitted to his honor tl.o Superintendent, requesting him to send down to thin Council a bill for the puipo°o of authorising the expendibmo of a sum not cxci ethnic £15,000 for the constiuction of a budge acio«s the Tamaki at Panmuie. " That such a bill should contain provision to prohibit the expenditino ot any money until the aforesaid guainntee lias been cuteicd into, and also piopir piovlsiou for the maintenance of tolls on the bridge, " Jons Kekk, Chairman. " Council Chamber, " Mth October, ISG.V Mr. W\ nn moved, " That Ipiv<> bo given to withchaw tho Panmiuo Bridge Bill, 1803, with the new of inlrodueini; another bill on the sime subject " Tho lenson of this motion was that the bill had been diafted on the principle of placing the construction of the budge under a Howl. The conunittse'rt lepoifc was so much at \iriitnce with this that ho had thought it best to willuliaw it and intioduco a new one. Mi 1 , ivowud'd not uii'leiot'ind tho wliole pioceeding, nor diil he think it xwis a wiso one. Ho did not ft-el satisfied that piop< r c:»o had been taken to ijuaid tho Piovinoo fiom lo s ; and he thought that stops with lefeienco to it should bo delayed till the Council met again. Mr. Daldy did not appiove of the rcpoib, and should expieis his views on the subject when the lull came down. Mr. FoLi \ said the Council lan a gicat deal more riik in the event of luiluie of oi accident to Uip lailload. The expense of hml<lin« this had been guaiant'ed by tlio Pettleis ; but nothing of tho soit had been done in the inaltei of tho laihvay. Ho thought this biidire scheme had been talked about and kept in suspense long enough ; and it ought now to bo settled at onoo, Mi. HvRHOP favouied the election of the bridge, believing that in course of time it would bo a veiy pu>fit.iblo woik indeed, lie would suppoitthe motion. Air. Kkhii s iiit the remaiks of Mi. Tlowe just went for nothing. Theie was far moivrisk attending the lailway works than tho biid»o. Five settleis including himself had guaiauteed tho expense of the bridge till it wa* completed, when the Government weio to tike it into their own hands. Ho was piepmed for the opposition of tho lion, member at the head ot the vxecutivo, having lorn n't that ho had l>eon mally opposed to it all along. Ho was ruio the Superintendent was sinceio'in tho matter, and he would press the matter now, whoever opposed it. They could not affoid to have tho sham continued any longer. The lion, member for the Pensioner settlements, (Mr. Wynn) doseived gieat cicdit for bringing tho matter so prominently foiw.ud. Mr. Daldy had no objootion to the bridge whatever; ho stood ill defe-uoe of tho Loan Bill and cons'ideied the lion, number unfair in taking advant. go of this motion lo make an attack on him. Mr. Wvkx could not see how a distuct could bo founed for th^purposo of being rated for this bridge. The only equitabje plan was by a model ato tjjll, and that toll would soon bo profitable, tho present trafio alone being sufficient to yield a nett revenue of «-Cl,loo per annum. Motion agiccd to, Bill withdrawn.

MOTION WITHDRAWN. Mr. Wynn withdiew tho following motion standing in his name, "That tho petition of Euiperius Griffith, presented to thii Council during tho last session, be referred to the Private Grievance Committee."

BALK OP BRKAD BILL. The Council then went into committee further to consider this bill Mr. Wynn withdrew clause 6, about which the" tJiflouHlop took plaetj og Wedue»day, a.wd nronp»ed tUe

following in its place.: "Provided that no baker or ; sellei; of bread (hall He liable to tho aforesaid penalty in respect of any stale bread. Piovided, nevertheless, that if any baker or Keller of bicad shall sell nny 10-if or loaves of stale bread, which may be found deficieut in weight, lie shall make up such deficiency by adding thereto other bread ; and in case of'any baker or seller of bread selling any stale bread deficient in weight, without making up inch deficiency as aforesaid, he shall forfeit and pay any sum nob exceeding £5." Agiced to. A^considerable diffeicnce of opinion existed as to what should be included under tho toim "fancy bread," except in clause 3 from the provisions of the act. The word was ultimately iuterpteted as comprehending "cottage loaves," "twists," "Frenchloaves,"—and all small bread not exceeding one pound in weight. " Stale bread" was interpiotated as bread upwards of 24 liotus old. Some other amendments having been made, the bill was reported with amendments. Third reading to be an order of thd day for Friday. ELECTION Or SUPERINTENDENTS. The adjourned debate on the question, " That the report of the Superintendency Election Committee be adopted " was resumed by Mr. FoLEY, who said he had heard no argument for the alteration of the piosent system, transferring the power fiora the many to the few. Ho would like to have a little information from the Law Officer, *ho had had some experience in can vas»ing for a superintondency election, and know how everything was done. Mr. Geokce thought the Provincial Council had nothing to do with this subject, and should oppose the motion. Mr. J. o'Neji.li expressed hi? opinion that if a change was made it should be one that would secure a leal good, and nut one equally doubtful with the present faystem. The Superintendent ought to be elected out of the Council if he were to be elected by it. He did not believe those geutlemen woidd bo so veiy few who would be willing to give their time for the good of the country. He thought it was time some steps should be taken to improve the tone of the Piovinciivl Council. Ho moved as an amendment to the second clauscrthe following, " Thatns it isgeneially believed that a necessity exists foi iinpi oving the tone of the Provincial Council, a fair oppoitunity now piesents itself by holding out an honourable position in some measure sufficient to induce men of intellect to come forwaid as candidates for seats in the Piovincial Legislature. That, if any change in the present mode of electing the Supeiinteudcnt be thought desiiable, this Council is of opinion that the election of superintendent ought to be made by, and out of the Piovincial Council." Mr. Rowe was strongly opposed to the principle of thu amendment. Ho could see no good leaion for restiicting the Council in their choice, but several against it. lie consideied that the people would not be disfranchised by the now system. They would still in cfl'ect elect tho Superintendent. He would vote for the leport as the bust cmo for the evils which notoliously existed. Mr. May could not vote foi the whole amendment, but he believed tho best plan would be to duct the Superintendent out oE the Council. Ho could not think of lotuming to a puiely nominee system, but thought the Governor might nominate the Hupeuntendont from amongst the mcnibcid of Uie Council. He would vote for tho latter pajfc of Mr. O'Neill's amendment. Mr. Haiuiof gave his earnebt appioval of the second clause. Mr. Kino thought the mover of the amendment would do well to withdraw the preamble. He would then vote for it; and believed it would have the effect of inising the tone of the Council. As for a nominee Superintendency, the Council bhould stienuously set its f.icc against anything of the soit. He hail no doubt that other piovinces albO desiicd a change, and as tlio Genetnl At-sembly wcic now going to meet, they would piohably have their wish gianted. Mr. Chiimemvn s.\id he had no choice between the motion and amendment. He would \ote for either if it would cuio existing evils, but he did not believe cither would. A gt>nllunan who wus willing to pay for election would do it under the piopoaed system, for he would be endeavouung to tret those candidates elocted into the Council, who would vote for him as Superintendent. He believed, howevei, that thuie was nnolhoi way. At nil ovuits it was not iieces*niy to betllo the question lustily, and he thought it had better stand over till next session. Mi. Cvdmaj. declared his intention to vote against both motion au'l amendment. Mr. Boss would do the same, believing th.it coiru|ition would not be in any way diminished by the plan pioposed. T3usules, undui it the noith would not stand a chance, for the member lcsidmg in Auckland and its vicinity, bung most wimeioiw would elect a Superintendent who would favour their inteiests. Mr. Ki:rii made some further remaiks in suppoi t of the motion, and leplied to a chaige made by Mr. O'Neill. Mi. Wyxn then pioceeded to reply on the whole debalo. He was convinced thnt whichever motion was cat lied the Genaial Assembly wouM not ]ieunit the choice of tho Council to be lestiicted within itself; for the KMilt of such a. system might be that a single constituency could prevent a luan'fa election to tho Superintendency. The amendment b«ing p\it was negatived. Tlie original second clause—" That the mode of election adopted in 'The ISV.v Provinces Act, 1558,' is one which >our committee consider best calculated to secuic the demed object" —was then put and earned ou tho follow ing division :—: — Aves(ll) Me«si3. Daldy, Ridiiigs, Tvowe, Williams, Keir, May, Wynn, J. O'Neill, McGhee, Jl.urop, Ball. Noes. (!)). Messis. George, King, Foley, Sheehan, Cad man, Ga-llangher, Mackenzie, l{oss,'niul Rkeen. Mi W\j>n then moved the adoption of the thiid paingiaph. About this he did not anticipate theie would bo much division of opinion. (3): "That your committee do not, however, lecoinmend that the Sapeuntenclent should be el'gible for a seat in tho Council, as pioviilud in the said Act; but, beiii? elected as afoicsnid, his Rc\it in the Council (should he be a inembci) should bo vacated, and his functions ns Superintendent remain ns at present." Agioo'l to without dibcu^simi. On motion of Mr. "NV'iMJ the losolntions weie onleml to bo tiansniitted to his honoi the Supeiintendent foi bib infoimatmn.

MANbKAU mnisoim. Mr. JKidy hiought up thu icpoit of the Miinnk.au H.ubour Committee, ami it was lead and oidercd to bo printed ; aKo the evidence t.'ken be foi c the Council of last session. JAM) RKHWiATTONS VN'D IMMIGRATION' COMMIU'I Y. Mr. M vy hi ought up tho report ot the above committee, and which was road and onlere 1 to bo printed. The Council then adjourned foi half an hour, and lesumcdat a quaiter pist seven oclock.

Tho RprAKVit read Milage '2o fiom his honor the Superintendent, leiiue&tntij the Council to make piovinioii out of the sum apinopii-Ued l\st «ession lot cmyiu<x out the Domai'i water sehetaa, for the m ikinjr of four additional wills in the city, in iieioidanco with a, rt quest ot tho City Tioaul. The sum of -MoO was suggested to be voted ti>r this pinpce. Mi. ])vun m ivcd that the. Message be taken into consideration next sitting day.

IMPOYVEIiINtr AC I' AMfNDVrNT BILL. Mr. Dvun moved that this bill bo le.ul a third time. Mr Kixa said, by passing tho 1 ill as it at pi cent stood, it would take the powir out of the hands of the Goveinmtnt to ciect public buildings. Mr. Foi.VY would suppoit the liill, as ho consiilcicd the objects buuirht weie of t!ie highest impoi lance to the piovince. The put chase of the Government House and ijiounda was a most excellent pioposition. Mr. Uown also spoke in favour of the thud leading. Ho considoiod that if the whole c' 500,000 of the loan coald be invested no ailvantii^eously as in the put chase of Government Hou"c ih would l)e well laid out. A cleiieal eiior having been collected in the bill — Mr. Daldy leplied to the objections mistd by Mr. King, and the bill was then lead the thud lime and passed.

HITORT Or LANI> HCf!UI,ATIOSS AND IMMIGimiOJT COMMUTKK. The Council went into Coinmittco on the lepoit, and the second clause was lead. "Tint in clan«e 6, line 1, the wouls, 'the Boaul to bo established under tho last mentioned Act,' bo stiuck out, and the following wouls substituted—' a Commission bo appointed, consisting of the xeceiver of land revenue, or stith other peison ns^lio Governor shall appoint, the Waste Lands Commissioner and tho PioMiicial Law Oflicer who.' In linos I and G, the vvoul 'Boaul' stinck out and the woul ' Coinnii«-siim' substituted, and that tho clause as ulteieil slioukl stand." Mr. lUHi thought the Provinoinl Law Officer slioulcl be kept inther in abejauce in investigation's into emigrants' lights to their land. A court of equity should rather be established. Mr. Wynn naid a comniisaion appointed to enquire into emigi ants' claims would be materially as-aibted by having a lawyer connected therewith, otherwise they npist inevitably fall into some mistake in disposing ol tho claim. Mr. Cabman looked upon tho appointment of the board of commission as entirely a one-sided affair The emigrant would be entiiely at their metcy, and il would only be fair to permit the emigrant to have i lawyer on his side to combat the arguments of the law officer who wished to guide the government. It vvai W«U known, h,o,w lawywj differed, ftrjvl it wpuW not b<

fair to allow the law < fficer to «ot up his opinion and lend the Board without any counter opinion being penult ted. Mr. Wynn did not apprehend that any gentleman sitting on the commission would for one moment tlnow anj' opposition in the- way of apy applicant being represented by his lawyer. The hon. member had evidently been Inborn ing under the idea that the law officer would be the advocate of the government, and antagonistic to the applicant. ' Mr. Kisa considered that as there was auoli a thin house, the Council should act with extreme caution in deciding to pans such a measure constituting a board to try^ cases of applicants. He was opposed to the appointment of a board, and thought the power of deciding enses ought to be retained by the Council. Mr. Daldy said that theio weie many cases as to selection of land, in which relief was urgently wanted. Whei c perrons had chosen land conjointly, and one having left the province, it was necessary to state which portion the applicant remaining on the laud was entitled to. The discussion was continued by Mr. Baix, and Mr. ltowe was speaking to the Council, w hen the House was counted out, there being one less than a quorum piescnt. The Council ro&o at half-pasfc eight o'clock.