PROVINCIAL COUNCIL. THURSDAY, JANUARY 26.

Daily Southern Cross, Volume XXVII, Issue 4198, 27 January 1871, Page 3

PROVINCIAL COUNCIL. THURSDAY, JANUARY 26.

The Speaker took his seat in the chair at three .o'clock. CHANGES IN THE TURNPIKE ACT. Mr. Gordon moved, "That in the opinion of this Council an alteration in the schedule 1 of the Turnpike Act, 1863, should be made after the expiration of the present lease, and before the tolls are let again, in the manner following, namely :— For all great and small cattle per head,' ,l id. ; for every dray drawn by bullocks, every two bullookg to be charged as one horse, 6d. ; for pigs, aheep, and goafca per head, $d. And further, that the members of this Council should be exempted from paying toll when proceeding to attend to their duties whilst the Council is in session." He showed some of the absurdities in the Act. For instance, were a bullock and dray going through a tollbar they were charged 3d., and one horse and dray were j charged 6d. Ho did not see by what system of arithmetic such a conclusion was arrived at. The charge for cattle was also monstrous. In going through the toll to the market au ox was charged 3d., and in returning from the market it \\ iv charged another 3d. A horse «r as charged but 3d. going and coming, yet it was well known that cattle did not do the same damage to the roads as horses did. This system of taxing was simply a property tax, which was very unfair. The charge for sheep was also exorbitant. He thought 6d. a score would be quite a sufficient charge. The present charges were a very heavy pressure upon the farmer, and he hoped the changes he proposed would not be opposed by the Government. The members of the Council were charged for their horses in attending their duties in the Council, which was unfair. He Relieved the Superintendent could make the alteration sought before the tolls were let again next year. What he had said he thought wab a sufficient cause to have the alteration made which he desired. Mr. Hamlin seconded the motion. Tte rBOVTLXGitwXi Ssgrhta-ky, in. reply to Mr. Gordon's arguments, said he had not indicated now the changes were to be made, unless a bill for that purpose "was introduced. A schedule of fees was attached to the Act,but,alfchough that Act gave the Superintendent power to j lower the fees, it did not give him power to increase them. Mr. Gordon's motion provided an increase in the fees in one instance. He did not think the intention of the Act was to compel farmers to pay for their cattle going and coming through tolls, and he thought that difficulty could be got over by the good sense and shrewdness of the agricultural settler. He did not think the fees could be lowered, as the tolls on the Great South and Onehunga Roads would not pay over one-half of the cost of keeping those roads in repair. He thought the practice of levying a tax by means of tolls was not the best way of finding the money to repair the roads, but until a new Act was introduced the Government could do nothing in the matter. He could not support the motion. Dr. Nicholson argued that the 3rd clause of the Act gave the Superintendent power to alter and change the fees as he thought fit, and that the introduction of a new Act was not needed. He also thought the mover of the motion had overlooked the object aimed at. Were members of Council exempted from paying when coming to the Council, they should also be exempted from paying when returning. Mr. Gordon, after replying, asked leave to amend his motion by striking out the words " attend to," and substituting in lieu thereof "or returning therefrom." Leave was given to amend the motion as above. Question put ; the Council divided : Ayes, 9 ; noes, 12. The motion was lost. MR. JOHN MCLEODS CORRESPONDENCE. Mr. Ball moved, "That an address be presented to his Honor the Superintendent, requesting him to furnish this Council with the correspondence between the Provincial Secretary and Mr. John McLeod respecting the formation of a board of works within the Ba^ ai Islands electoral district, for the purpose of spending on roads the sura of £2,000, which had been voted by the Provincial Council for that purpose." He explained that the reason why he put such a notice on the paper was on account of what he saw reported in the newspapers respecting what Mr. McLeod had said at a meeting in the North. He did not invite a discussion on the . matter, but was anxious to get at the bottom of that statement from the Government. The Provincial Secretary asked Mr. Ball to withdraw the motion. There was no such correspondence as that referred to in the motion in the possession of the Government : only a private note had been exchanged, and no sum of money was mentioned in either letter. Mr. Ball consented to withdraw the motion, now that he had exposed the "electioneering dodge." BRIDGES FOR MANOONUI. Mr. Lundon moved, "That a respectful address he presented to his Honor the Superintendent, requesting him to send, as soon as convenient, the Inspector of Works or some other competent person to Mangonui for the purpose of making arrangements for the erection, this summer, of the bridges recommended by the Council to be built at the Purapura, Maungatete, and Waitui, and for the formation of the road recommended by this Council to be made from Kaitaia to the Victoria Valley." The motion was agreed to. THE LIBRARY COMMITTEE. On the motion of Dr. Nicholson, it was resolved, " That the name of Mr. Philips should be added to the Library Committee."

ANDREW OTTO'S CASE. Mr. Oadmaw moved, " That Interim Heport No. 40 of the Petitions and Priva c Grievance Committee, on the case of Andrew Otto, be now taken into consideration." — Agreed to. Mr. Cabman then moved, "That the recommendations of the committee on the case of Andrew 0 to, in session >o. 17, be given effect to. " — The motion was agreed to.

UTILISING THE ALBERT BARRACKS. Mr. Dyer moved, "That this Council do now resolve itself into committee to consider Motion JSo. 7." Mr. Macready moved, " That the motion be taken into consideration this day six months." Mr. Creighton trusted the motion would be agreed to. The motion intended to be discussed was one introduced by the Speaker, and he could not speak upon any question until the Council was in committee. Mr. Philips opposed the motion. There was plenty of business before the Council this session without it. He would support the amendment. Mr. Dyer spoke in favour of going into committee, as also did Dr. Nicholson. Mr. Ball suggested that Mr. Macready should withdraw his amendment, to let Mr. O'Rorke have an opportunity of explaining his motion. air., M AGKE4.DT -withdrew his amendment, i and the original motion was carried. | The Council went into committee to con- [ sider^the following resolution (Dr. Niohol- ! son in the chair) ;— Mr. O'Rorke moved, I "That in the opinion of this Council th ■ city of Auckland has a just right to claim fchafc tho leading principle in the disposal of the barrack reserves and glacis shall be to remedy the blunders made originally in laying out the oity. That the streets shown in the plan, namely, one from the lower end of Shorttand-RtTfcßt, between High-street and O'<2onnell-streefc; intersecting Chancery-lane, and another from the upper end of Shorfclandsfcreet, in the neighbourhood of Bank -street, lioth meeting at the east end of Victoriastreet and continuing thenco to Symondsstreet, and another continuing Wellealeystreet into the proposed new street, shall be laid out in such a way as to have the same gradient from one end of each street to the ptner, or as near, thereto as circumstances wijl admit. Thstt such ' streets shall be thoroughly formed and sewers made therein 4fefore any adjoining allotments are sold or ■ let} That Ps>w«£ be^ obtained to. take the Jirid 'u^'bbflftihg&L noV private property, aji^wn on ~^° P* n with » limit of deviation not «coewiing fifty yard" on enoh side.

time to time formed, but in all caaea no allotments shall be sold abutting on a street until the street is formed and sewered. —Government : The land shall be vested in her Majesty, and shall be managed by a permanent Board of Commissioners. The Commissioners to haTe all powers conferred I by the Public Domains Act and its amendments. The Commissioners may from time to time borrow money upon security of the lands or any. part of them, except as hereafter excepted, and pay off the same ; may sell or, notwithstanding mortgages, lease for any term not exceerlii q 99 years, making stipulations for style au I ,size of buildings, All moneys to be applied in following order : — 1. In paying interest on mortgage debentures. 2. In making 1 compensation for buildings and land compulsorily taken. In estimating these values, the arbitrators, or jury, or Justices, or valuers under the Land Clauses Consolidation Act shall consider not only the value of the land taken and the consequential damages, but the increased value conferred upon the remainder of the estate interfered with. 3. In forming the streets and sewers. 4. In planting with trees, &c, such parts of the land as shall be set apart for ornamental or recreation purposes. 5. In paying £100 a year towards the maintenance of the Auckland Domain. 6. In paying monoy to the Harbour Commissioners for a dock from time to time, not exceeding in the whole £ . 7. In paying off principal of mortgages. The piece of land marked brown shall not be sold, let, or mortgiged, hut shall be retained as open spaces for recreation, ,&c, and managed under the Public Domains Acts. The Commissioners may set apart permanently or temporarily any of the buildings now on the ground for an Accident (or primary) Hospital, Grammar School, or any other purpose ; or they may pull them down and sell materials, &c " After some discussion had takeu place, Mr. May moved that the chairman do now report progress and ask leave to sit again. Mr. Swanson moved, "That it is the opinion of this committee they shoald reflonimend that a aeleofc committee ha ap pointed to consider the best way to lay out the Albert Barracks reserve ; the committee to consist of Messrs. Bovlan, ETiil, Macrearly, May, Nicholson, < >'JRorke, Philips, Sheehan, Stratford, anc* the mover." Mr. May withdrew his motion in favour of Mr. Swanson's. The motion of Mr. Swanson was then put and agreed to.

REPORT BROUGHT tTP. Mr. May brought up the final report of the {Petitions and Private Grievance Committee. During the session, 42 petitions had been referred to them for consideration, 21 of which had been favourably reported upon, and 19 they had seen reason to report unfavourably upon. There were two cases, Simon Sills and another, which the Committee thought deserving of further investigation. The repoi-t was ordered to lie upon the table.

HOSPITAL TRUST MANAGEMENT BILL. JTJThe Council went into committee of the ■whole, to further consider this bill, Mr. Ellis in the chair. Various clauses were gone through, and several amendments made, when Mr. Mackay moved that progress be reported. The Council resumed, pi'o^ress was reported, and leave given to sit again next sitting-day.

MOUNT ST. JOHN RESERVE BILL. On. this bill being brought up for the third reading, Mr. Buckland moved that it be read that day six months. The motion was put, and negatived. The bill was then read a third time and passed.

APPROPRIATION BILL. , This bill was brought up for the third reading. Mr. Dyer male a feeble attack upon the Government. He stated that the voted expenditure exceeded the estimated revenue by £'13,000, and, as the present Executive had ' made a pretence of standing oe falling upon tke ojieation or tne Esfiroa/fces s ne -wanted the Government to jjive him an explanation of the statement he had made. No one took up the discussion, and the bill was read a third time and passed.

HIGHWAYS BILL. This bill was brought up for the third reading. Mr. Sheeha^ stated that since the Council had passed the bill through the committee he had obtained the opinion of counsel whether some of the clauses introduced into it did not make it ultra vires. The opinion was that they did so. He then read the opinions of Mr. Wynn and Mr. Whitaker, and dlso of his Honor the Superintendent, all of which coincided with his own upon the point. He believed their opinions were right, and if the Council passed it he was sure it would be disallowed by tho frGDeral Government. He suggested to them, that they should retain the old Act, and get some measure introduced into the General Assembly to enable Highway Boards to deal with caaeainvolvingamountsover 100 Z. Altogether, he did not think that, by having the present Act, they would be benefiting the highway districts. Mr. Gordon thought it would be better to pass the bill, which was very much desired by the country, and run the rhkjof its being disallowed by the General Assemh y. IE the bill were disallowed, the existing Act would not, be repealed. Mr. Sheeiian explained that they would be running the risk of having the bill passed and only one or two clauses invalidated. Mr. Gordon", notwithstanding that, would vote for its passing. Mr. Dyer was also in favour of passing the bill, and with a chance of its being disallowed. Mr. Buckcand advocated fcha course suggested by Mr. Sheehan. Dr. Nicholson" thought, under the circumstances, th?* the proposal of the Provincial Treasurer was a fair and proper one. He regretted, however, that a difficulty had arisen. Mr. Maokay thought the Act, excluding the two objectionable clauses, was an improvement on the existing one ; and he thought the bill might be passed without those clauses, and other means taken for carrying out the principles contained in them. He moved that the hill be recommitted to reconsider clauses 38 and 39. — Question put, and Council divided : Ayes, 17 ; nops, 8. The bill was recommitted, but reported without any amendment, and again recommitted, and a few technical alterations made. The Standing Orders were suspended, and the bill was read a third time and passed,

LICENSING BILL. This bill wag recommitted for the reconsideration of certain clauses. • ]\j r- May moved to strike out that pjtrt of clatiae 11 which applied the Permissive principle to wholesale licenses. — Question put and carried on a division by a majority of 7.— Mr. May moved, in clause 23, to strike out the proviso [ Auckland and on the proclaimed goMfields, i the .Justices, before refusing a license, should I satisfy themselves that there wa9 sufficient accommodation for travellers in >he district. I — -Question put and negatived by a majority of 9.— Progress was reported, tho standing ! orders suspended, and, on the motion that I the bill be read a third time, Mr. Boyj-an took that opportunity, having been a sent, owing to indisposition, when the i.ill passed all its other stages, t • explain his views on | the Permissive cteuse> which he did ia an [ aM« speech of some length. He concluded | by advocating the throwing out of the bill. I —Mr. Oadman and Mr. J. McLkod also [ spoke, and the i ill wag then read a third time, and passed.

HABBOUR BO\RD BTLL. This bill was further considered in committee, reported with amendments, and thethird reading fixed tor nett sitttng-day. MESSAGES FROM HIS HONOR. The following bills were received by message from the Superintendent, read a fiist tinVo, ordered to be printed, and the second reading fixed for next sitting day * — Registration of Brands Bill, Sheep ' Act Amendment; BUI, Qcabajnstowa KrQ-x^tt

KAWAKAWA COAL-MINES. On the motion of Mr. SHBKHAN the following order, of the day vru referred to a select committee, consisting of Messrs. Buckland, Cadman, Creighton, Dignan, Nicholson, Philips, and the mover: — " Adjourned debate on the question, that in pursuance of the 11th section of the Auckland Waste Lands Act, 1867, his Honor the, Superintendent is hereby recommended to set apart as a public reserve 1,280 acres of land, part of the Ruapekapeka block, at the Bay of Islands, and that such reserve be dedicated to the purpose of constructing and keeping in repair a railway from the said block to deep water at the Bay of Islands harbour, and a wharf at the deep water terminus of the said railway." — It was arranged that the Kawakawa Coal-Mine Lease Bill be taken into consideration after the committee bad reported. The Council adjourned at 11 o'clock.