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LETTERS TO THE EDITOR.

The Editor does not hold himself responsible for opinions expressed by correspondents. Sir, — In your issue of Tuesday I observe a paragraph calling on the Meanee settlers to form a Cricket Club. I trust such a call will not be in vain ; for I believe a good team could be brought out from among our country settlers, and I trust, ere the summer is out, to hear they have taken the field against our Town eleven, who, I think, are rather dull this season, considering they have only shewn themselves once. I must admit that several good players have left the club since last season; still, I think their places might be filled by several young colts who have shewn themselves to be up to the mark ; and I would advise the Secretary of . the H. B. C. C to . enlist those colts, that they may strengthen his now weak team ; for we shall shortly have the red-coats among us ; and I have no doubt among them will be found a cricketing team. — I am, &c, Old Stump. P.S. I would also suggest that a few seats be placed on the ground whenever matched are played; which would induce our fair ones to turn out on such occasions, and grace the field with their presence. Sir, — The vexed question in reference to the site of the proposed inland telegraphic station appears, from the discussion in the Provincial Council, to have assumed an entirely new phase, Mr. Ormond being of opinion that those who bid the highest will get the station ; irrespective, it would seem, of the merits^of either place. The people of Waipawa, and of the electoral district of Te Aute generally, may justly demur at their interests being thus coolly put up to public competition ; and although the versatile member for Porangahau is graciously disposed to honor them by officiating — on behalf of the General Government— in the capacity of auctioneer, they very naturally decline to bid for what is unquestionably theirs by right. With equal justice might the worthy citizens of Napier be called upon to outbid their neighbours of Clive or the Meanee, should they be ambitious enough to set up a rival claim. If Mr. Russell chooses to pay a bonus for a telegraphic station for the accommodation of himself and retainers, no one can reasonably object; Waipawa will still persistently maintain its right to a station, being the- largest, most central, and accessible township inland. Its Government Court House and Police Station cannot be ignored. Telegraphic communication will be found to bo indispensable for Government purposes, to say nothing of the requirements of the important district which it represents. It remains to be seen whether the all but unanimous resolution of the Provincial Council will be set aside by the General Government. Its decision will be regarded as indicative of the kind of treatment the province is likely to sustain in the prophetic reign of Centralism. Messrs. Carlyon and Tanner — who deservedly merit the confidence of their constituents, by the consistent and efficient manner in which they have served them in the Provincial Council — are doubtless determined that this important question, initiated by them, shall be brought to its legitimate and successful issue. — I am, &c, ... Telegraph. Waipawa, Ootober 24. |

PROVINCIAL COUNCIL. THURSDAY, OCTOBER 17. Defence Force. Mr. Sutton asked his Honor the Superintendent if he is aware of any arrangements having been made in Wellington for placing the members of the late Defence Force on their land ; if so, when it was likely to take place ? Mr. M'Lean said that the General Government intended to settle the Defence Force in Poverty Bay, but had not been able to do so in consequence of dis- { rates about the title to the land in that ocality. He was of opinion that the land would be allotted as soon as it had passed through the Land Court. [This reply of his Honor was given incorrectly in our last.] Illegal Expenditure. . Mr. Oemond asked for the suspension of standing order No. 27, in order that he might move a motion without previous notice, to comply with the Audit Act, 1866. Mr. Rhodes seconded the motion. Mr. Buchanan said he knew what the matter in question was. He did not know whether the Hawke's Bay Government had received any communication from the General Government on the subject ; but the Canterbury Government hacl. He was surprised that the General Government had sanctioned the last Appropriation Act. Mr. Ormond moved an address to, the Superintendent to bring down a resolution complying with the terms of the Audit Act, 1866. He laid the statement of unauthorised expenditure on the table, in order that hon. members might become acquainted with the items. It consisted of £571 14s. Id., which the Provincial Treasurer had yet to bring to account for the financial year ending June 30, 1867. In the accounts for that time, the Provincial Engineer had- certain advances in hand which had been, drawn under warrant from the Superintendent on account of votes passed by the Council, and which were unaccounted for at the end of the year. £571 odd had been spent in excess of the amount voted ; and under the terms of the Audit Act, the Superintendent, without a resolution indemnifying him, would be liable to be proceeded against within one month in the Supreme Court. The excess of expenditure had only come to the knowledge of the Provincial Auditor tho other day, when the accounts came in. The items were as follow : — £126 6s. 4d. had been expended in excess of vote on the Wairoa district roads by the officer in charge of the works, without any authority for so doing; and he (Mr. Ormond) would not defend his conduct — the expenditure should not have been made. £94 2s. was for town roads. This item was incurred to give employment tc destitute persons, passengers by the Montmorency, and also from Auckland, who had applied to the Superintendent for assistance,., who preferred finding them work of some kind, to relieving them by giving charitable aid. - The remaining items were as follow : — Harbour purposes, £9 15s. 4d. ; 40-mile Bush road, £64 165.; Middle Eoad, £64 16s. 3d.; Mohaka bridle-track, £29 lis.; Taupe road, £39 55. ; opening mouth of Wairoa river, £14 145. ; Papakura or South Meanee road, £103 135. ; Hikutoto road, £16 lis. 6d. The two latter items, although set down as unauthorised, were simply a repayment to the lessees of the 2s. per acre contributed by them for roadmaking. He concluded by moving the following resolution : — Whereas the Provincial Audit Aot 1866 provides that, unless an address to the Superintendent to send to the Counoil a recommendation to grant a sum of money sufficient to meet tbe unauthorised expenditure shall be passed by an absolute majority of the entire number of tbe members of the Provincial Council, the Provinoial Auditor shall coramenoe suits iv the Supreme Court to recover the penalties recoverable under the said Act for signing and issuing special orders for the issue of money without appropriation. And, whereas, in addition to. the sums for which indemnity has been granted for over and unauthorised expenditure by the Hawke's Bay Appropriation Act 1867, other over and uuauthorised expenditure has been incurred during the year ended 30th June 1867, amounting to £571 14s. ld. And whereas it is necessary to release the Superintendent from the penalties to which be is liable for such over and unauthorised expenditure, this Counoil requests the Superintendent to submit to the Counoil a recommendation to grant a sum of money sufficient to meet the said unauthorised expenditure, Mr. Kennedy seconded the resolution, which was put and carried. Ventilation. Mr. Caelyon called the attention of the Speaker to the very imperfect manner in which the Council Chamber was lighted. • The Speaker sympathised with the hon. member ; he had also suffered from the same cause, and would have the matter attended to. Toll-gate Bill. On the motion for going into committee upon this Bill, Mr* Buchanan requested the Speaker to turn to the records of the 2nd October, and to read his (Mr. Buchanan's) resolution in reference to the Toll-gate Bill. The Speaker read the resolution, which was as follows : — That if a Toll-gato be established at or near the town boundary, it is the opinion of this Council that the dues collected. thereat ought to be applied to the maintenance of the roads between Napier and Ngaruroro Bridge, and Tareha's Bridge, and the Eastern base of the Puketapu hills. Mr. Buchanan said that that resolution had been adopted by the House, and it was not competent for a committee to alter it. If it was to be altered, it must be done by the House, and not in committeo. Mr. Ormond expressed a different opinion, and the Council then went into committeo on the Toll-gato Bill. Clause 12 was put, viz. : — All sura and sums of money to be collected by this Aot, after deducting tbe charges of collection, shall be applied by the Superintendent'towards the maintenance and repairs of the public road leading from Napier to the Ngaruroro Bridge and also the' road extending from Tareha's Bridge to the eastern base of the Puketapu hills. Mr. Carlyon wished to know the exact amount of service they got out of the Provincial Solicitor. He had been asked what was the good of urging this matter ; but he was determined to persevere until he ascertained the point ; so that, in future sessions, when any Bill was brought in by the Government, they might have something like a guarantee that it was properly and usefully drawn, and would not be contemptuously returned by the Attorney- General . Mr. Tanner asked in what position the clause stood, whether it could be amended in committee. Mr. Buchanan said a committee had no power to deal with orders of the House. Mr. Tanner : Supposing the clause to be thrown out on a division in committee?. Mr. Buchanan said the committee was incompetent to do so ; it must be altered by the House. Major Lambert asked the Government if the committee Could not deal with'that clause as with any" other clause of the Bill ? He thought they could do so.

Mr. Ormond said the* committee had no business with the resolution; it had not been referred to them as an instruction; they were, consequently, perfectly competent to deal with it. The clause^ as it stood corresponded with the resolution referred to ; but the principle of that resolution he considered to be unjust. He would move that the words of clause. 12 be expunged, and the following he substituted : — •*•'"-.'" All sums and sums of money to be eolleoted by virtue of this Act, after deducting the charges of collection, shall be applied by the Superintendent towards the maintenance and repairs of the public roads of the Provinoe, the same being main trunk lines : Provided that the same be applied towards tbe maintenance of suoh roads, in the several districts through, whioh they pass, in such proportion as it shall be deemed by the Superintendent, aoting by and with the consent of the Provincial Counoil, suoh district shall have contributed: —His main desire was to see the Council retain the exercise of its legitimate func..tions, hy retaining the power of voting the necessary sums required, instead of handing over the money to the Superintendent, with power to spend it as he. might think fit. , (Hear, hear). , . :' Mr. Buchanan said the member for Waipukurau's appeal for information was hot legitimate. The Chairman was the proper authority. Major Lambert said he had addressed the Chairman, and merely wished to elicit the information from the Government. Mr. Ormond quoted a standing order of the House of Eepresentatiyes, to the effect that a committee may consider only such matters as have been referred to it hy the Council. Mr. Tanner said itwas clearly understood at the time the resolution was car^ ried that it was to torm part of the bill. It had been distinctly stated, and the Government did not dispute it, that if passed, the resolution was to become a part of the principle of the bill. Mr. Buchanhn : The bill was amended in conformity with the resolution; that was sufficient recognition. Mr. Tanner : If the Council was to be bound by the ruling of the Speaker, as , was generally held to be the rule, Mr. A'Deane, when Speaker, had distinctly informed the Council that they must beware of what they were doing — that the resolution, if passed, must become part pf the principle of the bill. He (Mr. Tah--1 ncr) considered the Council bound by the resolution on the strength of the Speaker's ' 1 ruling. Mr. Buchanan had been: narrowly 1 watching what steps the member for Pora- : ngahau would take to upset the resolution, in accordance with his announced intention ; but that gentleman had allowed ' the matter to go too far. -' The-House was L .supreme; no committee couldy.alter: its 1 orders. * Mr. Tanner asked the member for 1 Porangahau why, if the resolution was a > sham, he had lent himself to that sham by ' dividing upon the question ? (Hear.) ■ Mr. Ormond :If the i gentleman who '< had charge of it had moved that . it, be an ■ instruction to the committee, he would have taken the proper. step. .He (Mr. ■ Ormond) expected this would be don.6, ; and was much astonished to find it : . was*; ' not done ; though of course he said nothing' •• about it. Were the people; who might--1 wish to go into Havelock to subscribe $o > the particular parts of road mentioned in ■ the bill? , ... -„;;■ .f ! Mr. Tanner said the principle involved > was defining the limits of the expenditures ■ The amendment proposed by Mx. Ormond ! departed from that principle, because he did not define any boundaries whatever. '< Major Lambeet said it appeared to him that Mr. Ormond's amendment was per- ■ fectly to the point. The question was 1 gradually being reduced tO a small com--1 pass. - He took trunk .lines, of road to ' mean such as from the Spit to Waipawa ; from Tareha's Bridge to near where Mr. , Bousefield lives. He hoped the Council ■ would not hand over the power of expen- ] diture to the Superintendent. , Mr. Buchanan: There was no inten- ■ tion of doing that. If hon. members ■ wished to have the expenditure of the i funds collected localised, they must support the principle he advocated/ and only have the resolution altered in the Council itself. He contended that the instruction was virtually furnished to the- committee by the resolution being embodied in the bill ; the clause had been inserted in consequence of a resolution of' the House, and could only be altered in the same manner — " ipsissima verba." Mr. Wood said that the resolution was one of the conditions . under which the Bill was passed. (Hear, hear.) The second reading would never have passed without it was -understood that the resolution formed part of the Bill. F The member for Porangahau had made a personal reference to him (Mr. Wood), viz., that he represented the town more than his own constituents. He would remind him,, ' *that the Papakura Block was in' his (Mr. Wood's) district,, and in opposing every attempt to bring the tolls' mto general revenue, he not only represented the views of the settlers in that locality but those; of , the residents of the township of Havelock, who desire that the expenditure should be ' localised. In those places the bulk of his constituents resided. . For his own part, he had voted for the Bill on the understanding that Mr. Buchanan's resolution was to form part of it ; otherwise he : should not have done so. Mr. Tanner asked if the Grovernment ! intended to press the amendment of the member for Porangahau. Mr. Ormond : xes. Mr. Tanner said an assertion had been made that members who sat on that side were pledged to support the Government. He thought those who had said so would be convinced to the contrary by that time. He thought the belief in its being a. Government measure had given rise, in the first instance, to Mr. Buchanan's violent opposition to it. He wanted to shew that gentleman that as the Bill at present stood it was really his (Mr. Buchanan's.) The principle involved in the Bill, as the Go- . vernment first brought it down, would have bpen decidedly fatal to it, as pointed out by the member for Havelock; there would have been no chance of establishing a toll-gate without Mr. Buchanan's resolution. He (Mr. Tanner) considered . the toll-gate to be a necessary evil. .It was that view of the case which induced' him to vote with Mr. Buchanan, and' he hoped that gentleman would now vote With him. "Main trunk lines" was an indefinite term. If the Council affirmed the amendment of the member for . Porangahau, they would be no better off. than if they had passed the original scheme of the Government. He would move that the clause be altered to read as follows : " From Napier to Ngaruroro Bridge : from Ngaruroro to Waipawa ; and from ' Tareha's Bridge to Puketapu Hill's." Last winter the Te Aute road at Kaikora was rendered impassable ; and one settler had to pull down his fences, to allow people to come over his land." Major Lambert did no^ know why, theyv: should stop at Waipawa. Cobb:s coaiches: now ran to Waipukurau ; and the'pfoprietoi- had told him that he- would rim them to the 40-mile Bush directly; the -' roads were made. It would be no trouble for the Council to settle where the money Was to be spent— that was their principal duty. All had their little ! Hk'es ■ aad

B— ■ ■■■■—— *-^^****^ w^* w * M dislikes, but they should sink them for the general benefit. At this stage the Chairman reported progress, and the Council adjourned until halt-past seven. The Council met again at half-past seven o'clock. Major Lambert moved, as an amendment, that the money be 1 expended as far as Waipukurau on the one side, and Puketapu on the other. Mr. Buchanan said as he presumed it was the wish of the committee to make an alteration in the clause, he would not contest the point as to the power of the committee to alter it ; but he would move the insertion of the words, " and the sums so collected shall be carried by the Provincial Treasurer to a separate account, to be called the Tolls Account." Some discussion ensued, Mr. Buchanan eventually withdrawing his amendment for the present, to simplify the ingsMr. M'Lean said it struck him that Mr; Ormond had proposed an amendment which would be a yery equitable one ; and in accordance with the fair principles on which the bill should be earned out. By its provisions, the districts which paid the greatest amount of taxation would receive the greatest benefit ; it would be left to the Counoil at its meetings to decide how the money should be applied. The amendment would meet what had been done in the way of preparing the estimates ; any other mode would lead to a j re-arrangement of them ; and at that late period of the session such a course was unadvisable. He would ask if, after all, the fair principle was not involved in Mr. Ormond s amendment ? It gave the Council power to apply the money where it was raised ; and as there was a large population near the town of Napier, who would be large contributors, Napier would receive its full amount, and the principle would, be applied with the utmost fairness. '■•.- Mr. Tanner could not understand the way in which Mr. M'Lean had mixed up the amount proposed to be collected with the Government estimates. Mr, M'Lean said the estimates had been framed with reference to the amounts to be collected. Mr. Tanner could not understand why the amounts were placed on the sheet before the Toll-gate Bill had passed. Supposing that bill had been thrown out— 5 what would have become of the £2000 for which the Government had taken credit? The principle of Mr. Ormond's resolution was also carried out in Major Lambert's Wd his (Mr. Tanner's) amendments.:: What he objected to in Mr. Ormond's "•: were the words, " main '/^brjirilc Klines'." They were very kdehnitoiahd would extend over a large extent of road ; leaving little benefit for the places%here it was most required. Colonel Whitmore suggested that the repairs should be l charged up to the respective'toU-bars*; r Mr. JffiMksAii, : From, the, arguments of the Superintendent, it appeared that the Government had depended on the collection* of the tolls.. They had nO right to do so, according to the wording of the resolution ; it was not treating the Council fairly. The Superintendent's explanation had made it plain that the Government intended to apply the amounts collected yto general purposes. It was clear there was to be a general scramble ; that all intended to go in for a share of the amount ; he wOuid therefore move an addition to Major Lambert's amendment, as he did not see. why the Middle Road should be exempted. At the same time, in conformity with his previous action, he 'would oppose .the bill up tothe third reading; but' he would also do his best in other ways. He would therefore move the insertion. of the words, "and from Havelock to the gorge in the Middle Road." Mr. Tanner thought the amendment a particularly fair one ; but he must object to 1 the hon. member's remark that it was a scramble. The hon. member was not doing justice to his own bill by such a remark. Mr. Wood said there was a great deal of apparent fairness in what had fallen from his Honor the Superintendent ; but it was only, apparent. The amendment of Mr. Ormond was simply an ingenious way of bringing the proceeds into general revenue, to be appropriated on no fixed principle whatever, but simply according to a majority of votes. There could be no data to guide the Council ; and if there was, it would simply be a question of who could command most votes. For any guarantee Meanee and Napier could have to the contrary, the money contributed chiefly by them might all be sunk in an extension of the road through the 40-mile Bush. Mr. Oemond said the Government was in rather a curious position. He agreed with Mr. Buchanan, that it appeared to be every one for himself, and God for us all. (Laughter.) The Government depended on getting the £2000 towards meeting the amounts on the estimates. After the various amendments proposed, it wanted but another place involving an expenditure of £100 to be proposed, to swell-the amount up. to £1000. It had - just struck him that the £100 would pay for the toll-gate at Havelock. The best plan for the Government to adopt would be to vote for Major Lambert's amendment, as amended by Mr. Buchanan, and let it go; it would help the Government out pftheir difficulty. Mr. Wood: Do you mean up to Waipukurau ? Mr. Ormond : . Of course. (Laughter.) Mr. Buchanan : Waipukurau had received a great deal, and now wanted more. The Te Aute road had already cost £36,000 : and they were now proposing to give it r the -tolls in addition. He trusted the committee would not hastily decide. Mr. Buchanan's amendment, extending the expenditure to the gorge on the Middle Road, was then put, and lost on the following division : — . Ates— 7. Noss-9. Messrs. M'Lean, Mossrs. Irvine, ,- Ormond, „ Dolbel, . Tanner, Wood, Lambert, Buchanan, A'Deane. Kennedy, - Locke. Whitmore, . Carlyon, Parsons, Tiffen, , .." I Weston. Major Lambert's amendment (to Waipukurau hnd Puketapu) was then put, and lost, there being only three ayes, Messrs. A'Deane, Tanner, and Lambert. Mr; Tanner's amendment (to Waipawa and Puketapu) was then put, with the same result, the ayes being Messrs. Lam- . Bert; A'Deane, and Tanner. Mr. Buchanan said the application of the money, as obviously intended by the Government, was indiscriminate ; he would therefore oppose Mr. Ormond's amendment. „ „ „ , Mr. A'Deane said nothing could be fairer than to spend the money on tlie roads from which it was collected. Mr. Tanner said the effect of the amendment would be that the Government would bring down a paper- showing how they proposed to spend the tolls. It would be' only another way of bringing down: a - financial ! statement. He would oppose the- amendment ; and move as a fSher -amendihent '" that it be from NaXro- •to Havelock on one side, ; ahd Nay piertd Puketapu on the other."

Major Lambert would support Mr. Ormond s amendment. .

Mr. Tanner said it was only fair that the money should be principally spent where it was principally collected, within a limited area. Colonel Whitmore asked how the Government would carry out the part of the amendment respecting allocation. Mr. Ormond said it would be done by resolution from year to year, on the estimates. Mr. Buchanan said Mr. Tanner's resolution differed, only from the resolution adopted by the Council by the addition of the words " between Ngaruroro 'Bridge and Haveloek. He would therefore vote for it, because he was willing to make the pressure of the Bill as light as possible. When the area was settled, he would propose an amendment compelling the Provincial Treasurer to carry the amounts collected to a separate account. Mr. Tanner said that, as the clause originally stood, it would bear heavily on those resident in Napier, Meanee, Havelock, Papakura, and Clive ; and for that reason he would vote for extending it within reasonable limits. Colonel Whitmore understood that the ! Government wished the Council to state j by resolution where the tolls should be spent ; and as Mr. Tanner's amendment appeared to anticipate their wishes, he would vote for it. Mr- Buchanan said if Mr. Tanner's amendment was passed, he should move the re-committal of the second clause ; for he saw no advantage in having two toll-gates; He could not give up the principle of having the roads in which the money was to be spent defined in the Act itself. Mr. Tanner's amendment was put, and j carried on the following division : — ' Ates— 9. Noes— B. - Messrs. Buchanan, Messrs. Rhodes, Dolbel, M'Lean, Parsons, Kennedy, Tanner, Carlyon, Whitmore. Locke, Wood, 1 A'Deane, | Tiffen. Lambert. Irvine. I Ormond, Weston. I Mr. Buchanan moved the insertion, after " shall be" in the second line, of the words, " carried by the Provincial Treasurer to a separate account,, to be called .the "Tolls Account," and to be applied as found necessary." Mr. Ormond said in consequence of the vote just come to by the Council, the Government would not be able to meet the expenditure voted ; and they would have to select those works that could be dispensed with. The amendment of Mr. Buchanan was quite a proper one after the decision arrived at. , Colonel Whitmore would vote against the amendment. The fund would be insufficient to make and to keep up the repairs of the roads. Major Lambert said he took it for granted that the roads in question would never apply for more than the toll-gates produced. If they did, he trusted they would not get it. The amendment of Mr. Buchanan was put and carried. Mr. Tanner said he looked upon the amounts to be collected as for "maintenance" only. The collection from the tolls would be a permanent source for keeping the roads in repair. There was nothing to prevent the Council asking the Superintendent to put a sum on the estimates for making these roads. Mr. Osmond said, after the resolution the Council had come to, the Government would not divide against .the amendment moved by himself. Mr. 0-emond's amendment (the first made) was then put and negatived. The clause, as amended by Mr. Tanner's amendment, was then put and carried. Clause 14 was put. Mr. Carlyon thought this clause must have received the especial considerationof the Provincial Solicitor. He (Mr. Carlyon) had taken the trouble to count the words, and he proposed to reduce its verbosity by exactly one-third. The whole of the Act would be more elegant and effectual if reduced by that amount. Mr. Carlton's amendment was put and carried. Clause 15 was passed. The schedule was next put. Mr. Carlyon believed that, after all, the Government had drawn the bill themselves. They had provided for drays drawn by bullocks ; but how would they deal with one drawn — as he had seen on one occasion — by bulls ? " Mr. Ormond wished to postpone the schedule, in order to re-commit clause 1 ; also the clause having reference to weight of loads. His object was to do away with the second toll-gate. If the rates were to be spent according to the decision of the Council, the toll-gate at Havelock would be a manifest injustice ; he therefore proposed to do away with it. Clause 1 was re-committed, and Mr. Ormond's motion put. Mr. Tanner agreed that it would be manifestly unjust, and would support the . motion. Mr. Ormond's amendment (dispensing., with the second Toll-gate) was then put and. carried. Colonel Whitmore suggested they might make it an offence to have narrow tires to the wheels. Major Lambert : Most of the tires were 4| inches; and the proposed amount was a very heavy tax. Mr. Tanner said a great load of wool could be brought down for 2| tons, and only 2s. 6d. would have to be paid. The schedule was then considered. Item I—For1 — For every dray drawn by bullocks, 2s. 6d. Carried. Item 2 — Por every dray, cart, or other j vehicle drawn by more than one horse, [ Is. 6d. Carried. Item 4 — Por every dray, cart, or other vehicle drawn by one horse, Is. Carried. Item 4 — For every horse, ass, or mule, ' Mr. Carlyon said he did not see the necessity for the two last. He only knew of one ass or mule in the province. Item carried. Item s—For5 — For every horned or neat cattle, lid. Carried. Item 6 — For every sheep, goat, or pig, |d. Mr. Carlyon : Would the Provincial Solicitor undertake to drive a goat through the toll-bar ? In his opinion it was the only thing he was fit for. item carried. The preamble was then considered. Mr. Buchanan proposed that the words "the main" be omitted and the word " certain " inserted, so that it would read certain roads. Carried. Mr. Ormond moved that the Chairman report the Bill as amended. Carried. Mr. Ormond moved that the Toll-gate Bill be ordered to be read a third time to-morrow. Carried. Slaughter-house Bill. The Slaughter-house Bill was then read a third time -and passed; Committee of Supply. The Council then went into Committee of Supply. Postponed items — Public Slaughterhouse, £250 ; expenditure connected with Toll-gate, £250. Carried. Mr. Tanner asked if the Superintendent intended to place a sum on the estimates for the discovery of a payable goldfield,

Mr. M'Lean moved that the sum of £1000 be "added to the estimates for that purpose. Carried. Mr. A'Deane asked whether any sum was intended to be applied to making the road laid out on the maps to Hampden. Mr. M'Lean said the Government had promised to obtain some information on this matter; but press of business had prevented them from doing so. He would instruct the Provincial Engineer to see that something was done. Mr. Tiffen asked what decision the Government had come to respecting Mr. Ashton's petition. Mr. M'Lean replied that the Government were not prepared tp take any action in the matter. * Total of Publio Works, £1546 Bs. 4d., put and carried. Mr. Webb's Case. Mr. M'Lean said, in reference to this gentleman's case, that Mr. Webb had received four month's notice of his dismissal ; but considering his long services, and feeling that the Government should recognise those services; and foregoing all other pledges made to that officer, he was prepared to move that a sum of £100 be placed on the estimates to meet the case, as a gratuity to Mr. Webb. He would make a motion to that effect ; and leave it entirely in the hands' of the Council, to act as they thought proper.. The motion was carried. Total Supplementary estimates, £1364 ; total estimate of expenditure, £24,298 155.; carried. Mr. M'Lean moved that the Chairman report progress. The Chairman reported progress, and the Council adjourned at a late hour. i - i FRIDAY, OOTOBER 18. I The Council met at 3 o'clock. Present, i all the members except Messrs. Irvine and ! Rhodes. The minutes of last meeting were read and confirmed. Standing Rules and Orders. Mr. A'Deane brought up the report of the select committee appointed to prepare new standing rules and orders for the Council, and moved that it be read. Read accordingly. Mr. A Deane, having obtained for that purpose the suspension of the standing rule, moved that the report be adop*ted by the Council pro forma, that the new rules and orders be printed as recommended, forwarded to members, and considered on the first day of next session. Mr. Wood seconded the motion, which was agreed to. Credit Bill. Mr. M'Lean, pursuant to notice, moved for leave to bring in a Bill to authorise the Provincial Treasurer to take credit for certain charges. Leave granted ; and Bill read a first time. Next Meeting of Council. Mr. Buchanan, pursuant to notice, moved, — That this Counoil is of opinion that its next meeting ought lo be fixed for a date not later than the 15th May. Mr. A'Deane seconded the motion. Mr. M'Lean said that the Government quito concurred in the propriety of the Council meeting about the date named. There was, however, some uncertainty as to the time that would be fixed for next meeting of Assembly. If nothing unforseen came in the way, the Government would call the Council together not later than the time indicated. Mr. Buchanan said that with that promise he was satisfied, and would, with the leave of the Council, withdraw his motion. ■—Withdrawn accordingly. Petition. Mr. Kennedy presented a petition from .nine cab proprietors resident in Napier, praying that, if it is the intention of the Government to extend the present or other coach service, specifications may be issued and tenders taken for performance of the work, so as to . afford the petitioners and other residents an opportunity of competing for the same. Petition read and received. • Report of Audit Committee. Mr. Buchanan brought up the report of the. Audit committee. It set forth that the committee, owing to the number of vouchers and other documents to be examined, could not complete its labors, and recommended its re-appointment next session. — Report read. Committee of Supply. The Council then went into Committee of Supply, for the purpose of taking into consideration a resolution of which notice had been given by Mr. Ormond, as follows :■— - The Superintendent requests the Provincial Counoil to grant tb" sum of £571 14s. Id., to meet the outstanding and unauthorised expenditure for the year ended June 30, 1867, the said unauthoiized expenditure having been inourred on account of the services hereinafter mentioned :— Wairoa Distriot Roads ... £126 6 4 Town Roads 94 0 2 Harbour Purposes 9 15 4 40-mile Bush Road ... 64 16 0 Middle Road 64 16 3 Mohaka Bridle Track ... 29 11 0 Taupo Road 39 5 0 Road Contingencies ... 8 5 6 Opening mouth Wairoa river 14 14 0 Papakura or South Meanee road 103 13 0 Hikutotoroad 16 11 6 £571 14 1 On the first item being put — Wairoa District Roads, £126 6s. 4d.-~ Mr. Buchanan asked whether this item had been incurred in consequence of the floods. Mr. M'Lean replied that it was not solely in consequence of the floods, though they might have had a little to do with it. It was caused by the overseer of roads I having exceeded his authority. Item carried. Town Roads, £94 os. 2d. Mr. M'Lean said in reference to this item the Government had been placed in a difficulty by newly arrived emigrants applying for relief ; and the Government had preferred giving them employment on the town roads to giving them charitable aid. The emigrants he referred to were by the Montmorency', and also from Auckland. The emigrants were instructed to apply to the Provincial Engineer. Harbour Purposes, £9 15s.' 4d. Carried. Forty-mile Bush Road, £64 16s. Mr. M'Lean said this formed part of an item which appeared in the report of the . committee on the Forty -mile Bush j Road. Mr. Buchanan : Tho votes were suffi- | eient to cover the expenditure, and this j item too ; and he could not understand | how it appeared there. In the estimates for 1865-6, £1500 had been voted ; and in 1866-7, £1486 ; making together, £2986.. Against that the return laid on the table showed an expenditure of £2828, including the item to which the Superintendent referred. His (Mr. Buchanan's) figures were derived from the officers themselves; and, so far as, the votes were concerned, there was a balance in favor of them. Item postponed. Middle Road, £64 16s. 3d. Mr. M'Lean said this was an expenditure in consequence of the floods. Carried. Mohaka Bridle Track, £29 lis. Carried. Taupo Road, £39 6s. Carried.

Road Contingencies, £8 ss. 6d. Carried. Opening mouth Wairoa River, £14 14s. Carried. Papakura or South Meanee Road, £103 13Sy. Carried. Hikutoto Road, £16 lis. 6d. Carried. Mr. M'Lean said; in explanation of the postponed item (Forty-mile Bush Road, £64 165.), that the first votes taken year by year, were not expended within £100 or £200, and lapsed into general revenue. The sum referred to included a portion for payment made to Mr. Fitzgerald. The item was put and carried. Total £571 14s. 1. Carried. The Chairman then reported progress, and the Speaker resumed the chair. . Mr. M'Lean moved that the resolution reported to the house be adopted. Mr. ■ Kennedy seconded the motion, which was agreed to. Toll-gate Bill. The next order on the paper was that this bill be read a third time. Mr. Carlyon wanted it to be thoroughly understood that the certain amount of opposition he had given to the bill arose— not. from its principle, in which he firmly believed — but from the loose ( manner in which it was drawn. While admitting to the full its expediency, he had endeavoured to point out that it was badly drawn. It was an unpleasant task for him, being a professional man, and he had endeavoured to do it in the most palatable manner. (Laughter.) He had tried, to affirm a principle which he was going j to point out. Not one word he had said could be construed into a reflection on the ' Provincial Solicitor's legal capacity ; on j the contrary, if they must have "a Provincial Solicitor, he believed they could not have a more proper person than the gentleman .in question. He (Mr. Carlyon) had referred several gentlemen to him for legal advice ; but what he wanted to point out was that this was the i only province where the Provincial Solicitor was not responsible to the Provincial Council. It was a misnomer to call him the Provincial Solicitor ; he was the private solicitor of the Executive. When it was found that he was the private and confidential solicitor of some of these gentlemen, their stubbornness could be well understood. He (Mr. Carlyon) found that so far from the Government giving any promise that something should be done in the matter, they would say . nothing on . the subject. If they had referred the clauses to the Provincial Solicitor, and come back and told the Council that he approved of them, it would have been another matter ; but it appeared that they did not need the services of that gentleman. It was not j that he was incapable, but that he was lazy ; they could not get any work out of him. He (Mr. Carlyon) had been for five consecutive nights endeavouring to point out to the Government the faults in the Bill ; and he could get nothing like responsibility in any shape out of them. If they must have a Provincial Solicitor—if they must pay him—they must have something j in return out of him — something in the , shape of responsibility, If they paid him j by salary, they must have him in that •Council, but if he was to remain out of the Council, they must get at him in some . other way, and the way lie would propose I would be to pay him by fees instead of by salary. No one could be called on to pay a fee unless some consideration could be shown for it ; but the Government had not shown him one instance in which they had been assisted by their Provincial Solicitor. He objected to that gentleman's talent being hid under a bushel in that way. He wanted to show opposition, but not to the principle of the Bill ; but he was determined to get some work out of the Provincial Solicitor for the salary they paid him. The action he (Mr. Carlyon) had taken, had been suggested to him by a gentleman formerly a member in that Council, who had been present when it was proposed to cut down the Provincial Solicitor's salary to £80 per annum. Of the perquisites he got there was no ac- ' count given, and he believed that there many in that Council who agreed with him.' The third reading would depend upon whether the Bill went down to the General Government with the support of the Provincial Solicitor, and he argued that it had not that support. It was a , patched up Act. If provincial institutions were now at their last gasp, it was equally j necessary for the Government to understand that their Acts should be properly drawn. He had not been exhuming skeletons like his friend Mr. Buchanan; on the contrary he had been trying to utilise his services for the 12s. 6d. per day he got, (Laughter) — and if he was the only honest member in that Council, it was a satisfaction to him to find that he had one friend there (Mr. Buchanan) a friend with whom he did not always agree, but still a friend. They should endeavour to combine the " utile cum dulce." He believed this bill would be disallowed by the General Government, and that would prove that the Provincial Solicitor received a large sum for laziness. -

Mr. Buchanan wished to state as succinctly as possible the steps taken with regard to the Toll-gate Bill. It had been first introduced by the Government, at the last sitting, as a revenue bill ; and he had then stated that he would give it as strong an opposition as lay in his power, and cast it out if possible ; but, on looking round the House, he had seen that there was no chance of effecting that object, and he had then cast about him for means to render the bill as innocuous as possible. With that view he had drafted a set of resolutions ; and of those resolutions, the first was disallowed, and the second carried. In consequence of that resolution passing, the Government had embodied it in the bill. That was the distinct object of the resolution; and he was glad the result of the division proved that it had found favor in the eyes of members all around ; though he had still an objection to the passing of the bill at all, and intended to take a division upon the third reading. He was not so fond of it but that he would lend a hand' to strangle it if he could. He could not see that anything paid by the people beyond the Ngaruroro was more than they ought to pay for the free passage of the Ngaruroro Bridge ; they were getting their " quid pro quo" without the trouble and even risk to which they were exposed under the old system of the punt. The new tax would fall wholly upon the residents on this side. He very much doubted whether the Attorney-General would pass the bill ; however, let it go. If it did pass, he was glad the Council had not been unanimous in perpetrating an injustice. The question was then put that the bill be read a third time, and cai'ried on a division, Mr. Buchanan being the only dissentient. The bill was then read a third time and passed. Forty-mile Bush. Major Lambert moved— That the report of tbe seleot Committee on the 40 mile Bush road be adopted. — He said the committee had taken considerable trouble in the matter. It had been elicited from Mr. Weber that there was a slight mistake in one amount handed in ; and. the committee wished to call the attention of the Government to the necessity of all reports ahd documents being correct. . They believed the charge

for surveying to have been very high ; and that the whole arrangement was very loose— when 70 men had been engaged, the surveyor was not prepared ; and there could be no doubt they were kept there without work until the line was marked. The accounts rendered did not bear the signature of the Provincial Engineer or the Provincial Auditor ; and the committee also believed that if proper attention had been paid, or if the work had been carried out by the contract system, the cost would have been less. Mr. Tanner seconded the motion, and the question was put and affirmed just as Mr. M'Lean was rising to oppose it. On the motion of Mr. M'Lean, the Council adjourned until half-past seven. The Council met again . at half-past seven. Appropriation Act. The Appropriation Act was read a second time ; and the Council went into committee on it. Its several clauses were agreed to ; and the Chairman reported the bill to the Speaker. The bill was then read a third time and passed. Credit Bill. Mr. M'Lean then moved the second reading of the Credit Bill. Read a second time accordingly ; and the Council went into committee on the bill. The clause and schedule were agreed to ; and the Chairman reported the bill to the Speaker. Bill read a third time, and passed. Prorogation of Council. Mr. M'Lean said, in closing the session, he must thank the Speaker for the care and trouble he had taken in carrying out the business of the Council. He considered it a source of congratulation that the province possessed gentlemen who were willing to devote their time to its legislative duties, at great personal inconvenience. They had discharged their duties faithfully to their constituents, and creditably to themselves. One measure which the Government had brought down was a -measure of taxation ; and it was always understood that any scheme of that nature was unpalatable. Still, the Government had ..found it absolutely necessary to resort to such taxation, Jn order to provide for the maintenance of the trunk lines of the province. Whatever might be the result of the general action against Provincial institutions, which were generally admitted to be dying out, those institutions had been instrumental in promoting colonization and settlement ; and if the force of circumstances should now. bring them to an end, they left plenty of men of public spirit, willing to conduct the affairs of Government as well as that Council had done since he had had the honor to sit in it. Thanking the members for their attention to the business of the session, he declared the Council prorogued.

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LETTERS TO THE EDITOR., Hawke's Bay Herald, Volume 12, Issue 887, 26 October 1867

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LETTERS TO THE EDITOR. Hawke's Bay Herald, Volume 12, Issue 887, 26 October 1867

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