PROVINCIAL COUNCIL.

Daily Southern Cross, Volume XXVII, Issue 4470, 22 December 1871, Page 3

PROVINCIAL COUNCIL.

' THURSDAY, DECEMBER 21/ TffEf«ill<iwing bmineaawas transact >d at tt>< former sitting of the Council after 3 o'olocl ft.m. f ami before the Council ioae; — EDUCATION BILL Some debute ensued res|©j'irg whothei j t) c consideration of this measure should »• | furtaer proceeded with ia committee, bu ultimately it was postponed until the next sitting of the Counoil,

COMMITTEE OP SUPPLY. The Council went into committee of Vu wholu to further consider the Estimate Mr. Farmer in the chair. The following items were .agreed to:— lnspector of Weigut and Metuures, Auckland. £150; auperin tendent and matron of Refuge, £75 ; fin and liahc, Mount Eden Gaol, £212; bn.iii of pauper Hospital patients, £130 ; polio expenses on special coustables for city of Auckland, 1871. £166; expenditure of Pr-> nnoial Council foldings, £l->8 9s. 5 1. ;tw boatmen, Shorthuul Hamour, at £j por month each, £144; new buoy, Thames River, £25 ; Sub-Inspeutor of Police, Thames District, £250 ; additional salary of chief clerk to Warden (Thames), £50; refund of wholesale license fee paid by Messrs. Cruickshank, Smart, and Co., £20; roads and works north of Auckland, £1,000. Attempts were here made to report progress, but which were ultimately negatived, and the item aa proposed agreed to.-— ln aid of \ oluateers, Auckland district, £100: Efforts were made to have this item postponed, in order to get it increased. The item was passed as proposed. The following items wor©w 0r© agreed to without objection :In aid of volunteers, Thames district, £125 ; in aid of Volunteer*, Waiuku and Wairoa district, £125 — In aid of a Free Public Library and Museum, £1,000 : This item provoked a great deal of discussion, and several divisions j took place respecting it. It was ultimately j agreed to postpone it until the next sitting of the committee. The Council then resumed.

ADJOURNMENT. On the motion of Dr. Nicholson the Council adjourned shortly before 5 o'nlock until 3 o'clock p.m. same day. Pursuant to adjournment, the Speaker took tho chair at 3 o'clock.

PETITIONS. Mr. Gordon presented a petition from 27 ratepayers in fche Mangere district, praying to bo relieved from paying tolls at the Otahuhu toll-gate, — The petition was read atid received. Mr. Hay presented a petition from certain settlers residing iv the Ararimu district, behind Maketu, praying for certain roads being made to give them access to their farms. — The petition was read and received.

REPORTS BROUGHT UP. Mr, Carleton brought up the following reports from the Petitions and Private Grievance Committee, which were read by the clerk :—lnterim: — Interim Report No. 8, respecting the petition of Eleanor Byrne, praying for the pre-emption land near Howick to which her husband was, in%er view, entitled. The committee reported that they had no power to give effect to the prayer oE the petition. Interim Report No. 8, respecting the petition of Mr. W. J. Speight, who stated that he had come here in 1845, ami was discharged from *H.M. service for the purpose of settling in this province. The petitioner considered he was entitled to 80 acres of land under the Auckland Waste Lands Act, as he was Sergeant-major when he left H. M, service. He had obtained 60 acres under the Scrip Act. The Council recommended that the Superintendent should obtain a legal opinion respecting the petitioner's right, and if found to be sustained to comply with the prayer of the petitioner. Interim Report No. 9, respecting the petition of ceitain settlers against the Opotiki Road Bill. The Council considered that no inconvenience would result to the petitioners by the enactment of the bill in question, and recommended that secmity should be obtained from the Hon. Henry Chamberlin that he shall comply with his part of the arrangement. Interim Report No. 11, in reply to tho petition of Mr. W. H. Kis3ling respecting the claim of Mr. W. Jesser C'oope. The committee considered that this ca9e was one that fairly came within the scope of the 30th section of the Auckland Waste Lands Act. interim Report No. 12, respecting the claim of Mr. George Kelly, Mangonui, to £100 offered to those who would give such information as would lead to the discovery of tbe murder of Mr. Charles William Sydney Smith, Victoria Valley, in the year 1867 The committee considered Mr. Kelly was entitled to this reward, which had been offered on behalf of the Government by the Lite Mr. Naughton, Commissioner of Police. Interim Report No. 13, respecting the claim of Mr. S. Campbell for the survey of the Kaiaka block. Tho committee reoommended that tho Government should make enquiries on tbe subject, and the Superintendent instructed to take steps to sitisfy the petitioner's claim. Interim Report No. 14, respecting the pebitiou of Mr. James Hammond in regard to hia claim to a lien on a wharf at the North Shore. The committee considered petitioner had ft claim, and that the Government should take steps to satisfy that claim; but they declined to prescribe any partioukr course of action. Interim Report No. 15, respecting the claim of Mr, James Clark, which the committee considered was not a good one. — The reports were read aud received. Mr. Kerr bronght up the report of the Public Reserves Committee. The committee recommended that the Superintendent should obtain Crown grants for the various public reserves in the province without delay. The subject was too large a one to consider fully during the short time the committee had to consider the question. Mr. Ball also brought up the report of the VVaitakero Road Bill Committee. The committee had found a number of the allegations against the bill proved. If Mr. J)ilworth were to make the new road passable for the settlers using ■ it, the settlers saw no objection to the bill being passed. The committee recommended that a day should be fixed on which the Act should come into operation, to be named by the Superintendent by proclamation when the recommendation of making the road had been complied with. SUSPENSION OF STANDING ORDERS. On the joint motions of Mr. Carleton" and Mr. Ball, the Standing Order No. 25 wm suspended for the purpose of disposing of the two following items of business. { • - A number of reports, on the motion of. Mr. Carlston, were adopted by the Council,, and the Superintendent recommended to give effect to the same. On the motion of Mr. Ball the Waitakere Road Bill was read a second time without opposition.— The Counoil went into committee on the bi11. ., Mr, Farmer in the chair. 'A new clause was added in ! committee giving effect to the recommendation of the committee. — The Council resumed, aud the bill was read a third time andvassed. !

THB KAD?A3tA BAIL WAY l COtfTftACT. Mr. Gordon asked the Goldfields Secretary, " When the GoTernment intend to give the Council An opportunity of expressing its opinion on the Kaipara Railway contract V* ~.,The GQ^WKLD^i^^^BX^BJplJsd the Kaipara Railway contract .had tuwied up three or four times in the disoiMion of. the Council. In faot ho had got Kaipara Railway x»n the brain 'by those discussions. .He wm williap(.ta^alfil.tae.proßaMie,ma4eiind to take the d^ouMion the hon. memberl referred to, ana^oiaifend the action of jthe Government in the matter if it were requited. ' Hih v eibuwi for not haifMfe^iveEi thl^uncil an opportunity-of disouising them&cUribefore waattiogreat press of , ; \rork which h»d

JtKTJi£J3EiKC(X'<BrtVOLUHXBICRB. , | ft . of this Council it would 4end to enponrbg9 n

tae above object, to be dutributed aa fol >ws :— £500 amon the Voluuteers, and 2200 among the enrolled Cadets and boys L-ari>iug drill at schools in connection frith he Boar.l of fl.luoation. That hi* Honor be equeated to confer with the commanding dicers of the distriots of Auckland, ttauraki, Vmiu ku, Walk <tv, and Taurauga, Mto tho •est mo le ot offering these priies." ' Mr. Philips seconded the motion. After a ik'Awr leng h ned «i>-bate the tnoionwu'pttt, and tue Council divided:— \yea, 15 ; uoes, 6. ' \QRIOUhTVRAL JNDPSTRIAt, BXHIBIUON. ftlr. Phflips «ri«he«i t<> a-k tno Provincia iocr tarp without notice, wtiy the GuVerui)»)>t had not pjo the aum of £500 ou thd \dditional Estimated torthe encouia^einentot* a industrial extiibici n to ba held iv Auuk vud during tkj coming year? He na I •r >ught forward the m liter in a mofciou vbich was fully diucusstd, and carried 'm the Jouncd by a maj irifcy of uearly two to one. The Provincial Skcrei-arv rop.i««l thab he sum of £150 was brought down on the original estimate* for thi< purpose, au<i passed. No sum h.vl tieret'ore bden placed on the Supplemoutary Eitimatea for the same object. '

VACCINATION. On the motion of Dr. Nicholson, Standing Order No. 25 waa suspended, to enable him to move the following motion, without notice: — " That a respectful address be presented to his Honor the Superintendent, requesting him to make provision for vacci nation within the province until suoh times as the Colonial Government make sufficient provision for the same ; and that this Coutv cil will appropriate such sum for the purpose as his Honor will recommend, provided the sum do not exceed £200." Mr. Gordon seconded the motion, which was agreed to.

PURCHASING A EOAD. Mr. Reyburk moved, "That a respectful address be presented to his Honor the Superintendent, requesting him to put on the Additional Estimates a sufficient sum to purchase a piece of land of 15 chains long by 1 chain wide, to connect the road leading from the highway district of Whangarei with the road leading to Maungatapere." Mr. Buckland seconded the motion, which waa agreed to.

URTDOES Itf THE NORTH. Mr. LtmnoN moved, "That a respectful address be presented to hia Honor ths Superintendent, requesting him to reserve out of the money voted for roads and works North of Auckland the sum of £500 for the purpose of erecting a bridge across the Awanui at a place known as Rangitoto — any surplus to bo devoted towards opening the roa 1 from the bridge to Kaipuka, as recommended by the Inspector of Works." Mr. Suanaohan seconded the motion. The motion was negatived. THE OLD SUPREME COURT-HOU.SE SITE. Mr. Shekhan, in the absence of Mr. Brookfield, moved, "That a respectful address be presented to hia Hon»r the Superintendent, request ing him to take such steps as he may deem requisite to amend the trust set forth in the Crown grant to the Superintendent of the site of the Old Supreme Court, such trust having apparently been inserted in error, and contrary to the arrangement made between the General and Provincial Governments for the handing over of that site to the province." Dr. Nicholson seconded the motion, Mr. Philips asked if it were not possible that some equitable arrangement could be come to, by which the property referred to could be sold to the Municipality of Auckland. Dr Nicholson showed that it was formerly agreed that this matter should not be dealt with but by the Council. The motion was put, and agreed to. THE CASE OF MR. A. UNTHA.NK. Mr. Mackay moved, "That this Council concurs in the roport of the Select Committee on the case of Alexander Unthank. That a respectful aidress be presented to his Honor the Superintendent, requesting him to give effect to the recommendation of the report." Air. Mitchell seconded the motion. I)iscuBaion at some length ensued ; the motion was agreed to.

I UEPOKT UROtfGHT CT, Mr. Dyer brought up tho report of the Audib Cotumifctee, which ivas read by the I clerk. The committee made various recomj moudations, and the report, with the raiuutes j of evidence, were ordered to lie on the table.

| THE DISEASED CA'ITMJ. The debato was resumed on the question, "That an address bo presented to his Honor the Superintendent, requesting him to proclaim the Diseased Cattle Acts in operation, a 9 regards the landing of cattle in this province." Mr. MiTCiJELL, in a rather jocular speech, asked Mr. Rainlin to withdraw the motion. An inspector had been appointed al the Thaiie.*, and, if any danger existed before, that danger was now averted. Mr. May thought that if imported cattle were slaughtered at the ports at which the cattle were lauded, all danger would ba averted. It was the driviugof them into the country that caused danger to flocks and herds in the country. Mr. Hammn replied, and denied the charges which had been made against him in connection with the- motion, viz., that he had brought it forward as a protectionist motion. He had heard that charge both in the Counoil and outside, and its diad been r«speated also in the Pres3 of the province. He denied that charge out and out, and the Press had further tried to fix that charge on him for having appeared at a meeting of a certain Protection League when the Bubject was brought up and discussed. The members of that League had asked his opinion ou that subject, and whether it would iiot be possible to get a bill brought into this Council putting a protective duty on all cattle landed in this province. He considered such a step would be unadvisable, if not beyond the power of the Council, He was sure then that hon. members of this Council would acquit him of those charges which had been brought against him, and he hoped the Press «rould make his remarks before the publio fully, and fairly, and, not as certain editors would like. It was a thing of vital importance to the country settler whether his flocks and herds were destroyed by disease brought in with imported cuttle. Some treated the matter very lightly, but those were not in the habit of reading the General Government Gazettes. Had they done so they would have seen that a short time ago action was taken in the matter by ; the people in the Southern provinces, A short time ago Mr. Eolleston inserted aproolama* tion declaring that a large portion of the North Island was under the Diseased Cattle Aot ; and later still, only { two months ago, Mr/ Curtisj Superintendent of the;-' Nelson province, ipserted a similar proclamation. He hoped the Press would notice those things. The motion "was put, And it was declared lost upon the voices. Mr. Hamlin called for a division, which' resulted' as follows; — For the motion, 7 : Mewrs. Hamliu (teller), Dyer, Shepherd, Boylan, J?err, DougljLS,'Juid Hay. - Against > the motion, 8 : •■■ jMeiars. ■ Mitchell (teller), Be veridge, Hurst, Sheehan, Mackay, Lundon, Ball, and | TJje motion was i therefor© lost. #v ' THE GRANT TO OttlO^WATir ; tfbkftD&'Mr. Hay aake"d the P^ovj^iM^fegftit iry, withpnt notice, reBp.eo>ing jtli^.granplo! jbe^ paid by the General Government to the Highway Boards. He wanted to knor if any of it had been already paid, it r would be, or any part of it. . ,. t j ''-" ' The 1 pßdViNbi^if TiE^s^B^fpp^eA th»t ; the Government had not heard anything of ! this, matter' 1 as yet. - TH«^^Uw%^B in the | hanckf of .the 1 GovernraM^ ; and he,, expected thji^ at lwwt oqe-hajfipl^fhe giant would ifett paid to the Government by the 1 •'eiict'SofHthe pra^aat month, , ' \ AJ^ERX. B^IUCKsLMIIJTAKi/MMvBS.. .CT. Mr.. T mpved^the rj seoond T rfta< ing onu&ny* tm. sstion raised as hewwHij^tw't atw

Th« Council returned. The Ohairm^i?.. re^ ported that the committee had gone through the bill, «ad made several amendment* therein. I -, >„ ,• On the motion of Mr. CaelrTon the Standing Order* wer^ «nap«nded, to ionabie *ny bill dttriag theeveniag to biyut'/throagh more than one stage. The bill wu read a third time and paaied.

OPAKEKE BOAD BILL. } The Connoil then w nt into committes to further oonaider thib measure, Mr. Douglas in the chair. A new olause was added to this meuu c, giving effect to the recommenflatiou of the committee, who examined into the complaints against the bill : and the reat ot the clause*, tfog*ther with the schedule to t.he bill, were thea passed through commit* te> The Council resumed, and the Chairman reported that the committee had gone through the bill, and made atneadmeats therein. Mr. May moved that the bill be rea 1 a third time next sitting-day. A divihioii took place on this motion,' when 3 voted for it au.i 17 agaiuafc it, The motion was therefore lost. — The bill waa read a third time and passed. '

MESSAGE NO. 22. The Speaker read Message No. 22, re« ceived from the Superintendent, ia which he returned to the Couaail a hill, the High, ways Act, 1871, Amendment Act, and asked that; two new clauses be added to amend the 11th and 12th sections of that measure. On the motion of the Provincial Secretary, it was resolved to take the message into consideration before the Couacil rose.

THE EDUCATION BILL. On this order of the day being called on, the Provincial Secretary stated that it would he impossible to go through that bill with the amount of care which it would require, and he therefore asked that the order be discharged. The Government intended to bring in one amending clause to the ■ Common Sohools Act, 1869, in which it would be asked to obtain power to disjoin the offices of Secretary and Inspector to the Board. Under the Act as it stood that could not be done, and during the past year considerable difficulty had been experienced in that matter. Tho order of the Education Bill was therefore discharged from the notice paper.

HOSPITAL ROAD RESERVE BILL. Mr. Bkveridqe moved the second reading of this bill in remarks of some length. Mr. Farmer seoonded the motion, which was agreed to. The bill wag read a second time, after which the Council went into committee on the bill ; Mr. Farmer in the chair. The bill passing through committee, the Council resumed, and the Chairman reported the bill without amendments. The bill was read a third time and passed.

COMMITTEE OF SUPPLY. The Council went into committee of the whole to further consider the Additional Estimates and Appropriation Bill ; Mr. Farmer in tha chair. In aid of Free Public Library and Museum, £1,000. In answer to Mr. Swanson, the Provincial Secretary stated that it was intended to have the Free Public Library in the Wesleyan Chapel, High-street. During the discussion it' appeared that the property could be bought for that purpose for £3,400. On the question being put that the item be agreed to, the committee divided. Against the vote, 13: Messrs. Swansou (teller), Freer, Boylan, Cadman, Beveridge, Lundon, Hamlin, Shepherd, Hay, Sam, Shanaghan, Reyburn, and Faruall. For the vote, 11 : Messrs. Buckland (teller), Sheehan, May, Taylor, Mitchell, Mackay, Hurst, O'Rorke, Nicholson, Lusk, and Diguan. The item was therefore struck out. The following items were agreed to :— Native land purchase (additional), £ 1, 100 ; special order for 1871, £2,443 13s. lid. ; purchase of public recreation ground, ceinotery, hospital site, and rifle .range >at the Thames, £1,000 ; construction of main road to southern boundary of Thames goldfields, £3,000 ; opening and development of now goldfields, £1,000 ; refund of wholesale license fee paid by Messrs. Hooper, Oiiffe, and Co., brewers, £20 j in aid of Cadet Corps Volunteers, £100 ; establishment of female reformatory, £200.; in aid of Auckland Mechanics' lu3titnte, £75 ; in aid of Thames Mechanics' Institute, £100 ; erection of lock-up at Howick, £150 ; grant to family of the late .Rev. E. H. Hey wood, £150 ; boring for Arfcesiau wells, £250 ; roads and works north of Auckland, £1,000'; in aid of erection of hospital at I hames, £1,000. The various elauees in the Appropriation Bill were then agreed to. The Council resumed, and the Chairman reported progTess, and obtained leave to sit again presently.

MUNICIPAL POLICE ACT, 186(5, AMENDMENT ACT, 1871. j The Goi/dfiklds SnoßKi'Anv moved the second reading of this measure, anil iv doing so stated that the different provisions coutained in the bill were only intended to apply to Grahamgtown and Shortland, as they were becoming thickly inhabited place?. Mr. Mackay seconded the motion, which was agreed to. The bill wag real a second time, after which the Council went into committee on the bill, Mr. Farmer in the cbair. Somo slight amendments were made, but none of any importance, and the provisions of the bill were agreed to substantially as priuted. The Council resumed, and the Chairman reported the bill with amendments, after which the bill was road a third time, and passed.

THE NEW EDUOATiON BILL. The Goldfields Secretary introduced a bill to give effect to the resolution of the Council last session to disjoin the offices of Secretary and , Inspector to the Central Board of Education. , The, Speaker stated that the hon. member was out of order, as no member could introduce a bill anles9 it had been lying on the table a couple of days, or sent down by a message from the Superintendent. The Goldfields Secretary promised to have itaent down next day by message.

THE APPROPRIATION BILL. The Council then went into committee upon this bill, Mr. Farmer in the chair. The various clauses io the Appropriation Bill was agreed to, together with th"c schedules to the bill. j , l Th« Council resumed, and the Chairman reported th« bill with several 'amendments. The bill waa read a third time and passed.

HOSPITIi RESERVE SALE Bir*L. • The Council went into committee or the whole to .further odnsider, ,thj» bill, Mr, Shahaghan in theohair. Mr. O'KoitKßmoved, < ' That the Chairman, do now leave the ohair. " The Council divided. For the motion^ ,4 : Hessra. (TRorke^telterV'Lnndori, -Beve'ridge, and Gordon. , ,AKainst it, 15,: Messrs. Hurat (teller), Sheehan, Freer, Taylor, Parser, .Hay, May, Lusk, -Madkay, Cadman, Buck,land, Hamlin, I^ifcchell. Swansoa, and The motioa to leave the 'chair "was therefor a . dost.— rMr.-LuNDON'mqT.ed, fiSThat the C|air--man do now report progress, and ask leave to aifcas?ain." TheCounosagaffi<livided. AyAs,4: Messra. Beveridge (teller), Luntion,' 'Rorke, and*t3oiradli. Noes, 15 : Mesara. Sheehan (teller), Taylor, Lusk, Hdrat,{ ,Cadmanjr-3?he,iaffiendment^onnerly ! mqvetl by Mr. Brookfield. , tha.t the .yrbrdn '«♦ priv'ateMntrlfc^'ltt'tni^aeMtf „the bj^ f |Wii(pr^feopfe.viW»Si;}tliPi»rput < ,*r jThe Connoil divided. For the amendment, 4: F Me^i^^tWk^ttMy, 1 ddfao^Be^eridge, LIB? A#MW»»p3 I fl, Mjfc M Mea«ra. Bdckland (teller), May, Sheel an, S*ot^Gi^m«fij9"P4f&e^^«ltyWr,T.'«drafc, Maoltay, Mitchell, j| m M $*mkisffi lin » and Freer. The amendment wait, theret >rj, X n«gfttiv«d; Mr^-Luif don moved that jthe Chairman , report pr^ogresaf and a«k Jeav > to ait fgain, -^hioh wm pat and nogatiwaa r^jTHCQattft^feiaiaed^ The Cnniil^N ftwo^gh -^e\biji, * aod that no amenami nts * gd'j^kEm^^pW w« f «*»*»fi

-, THE JBCiaHW^YS JJILL. Th 6 Gk>LDViBLb3~'Sic : REfA.ET moved that the two Amendments proposed in iiii if oner's Messftgl No. 22/ to be nifcde'tb thvi pill be 10 m»ae. The amendmenti were jinoorpor«t«'i into the bill without opposition, and th« meMare puaed in its Amended form. ADJOORHMENT. • - ' The Counolltt 1.45 a.m. adjourned until 3 o'ejiook p.m. at the next littiog. !