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PROVINCIAL COUNCIL.

TUESDAY—November 26,

Present—All the members, except Messrs. Murray and Rickman. Prayers having been read, and the minutes of the previous sitting confirmed, Mr. Ollivier presented a petition from Mr. Cridland praying for some repairs to the Hoon Hay road, stating that over it there is a considerable traffic of firewood for the supply of Christchurch, the cost of the transit of which is greatly augmented owing to the bad state of the road for a distance of two and a half miles from Cashmere. The road had been made and hitherto kept in repair out of private funds.— Petition received and referred to the Committee on Public Works. The Provincial Secretary asked for an extension of time to Tuesday next for bringing up the report of the Committee on Public Works. —Granted. The Provincial Secretary, in reply to Mr. Harman, stated that next week he should be prepared to ask the consent of the house to reserves made by the Superintendent previous to the meeting of the Council. The Provincial Secretary asked leave to withdraw a series of resolutions on the mode of applying surplus revenue, until the report of the select committee on the management of the estates of tho province should be laid on tho table of tho Council. —Leave granted.' Mr. Bmttan moved "That tho minute of the Executive Council, authorising tho Superintendent to negotiate personally the purchase of lands purchased for railway purposes, be laid on the tablo." And, "That in tho opinion of this Council, it is expedient that tho value of all lands taken under the Railway Act should be determined by arbitration or by jury." Tho hon. member, in support of his motion urged that the mode of acquiring land for the branch railway had been stigmatised as most objectionable in one of the resolutions discussed in tho Council on the previous Tuesday, and not a single word had been uttered, during the long debate that had ensued, in favour of the mode adopted by tho Government; he must therefore infer that its unsoundness had been admitted. A perusal of tho Lands Clauses Consolidation Act, 1845. showed that tho Imperial , Legislation approved the mode suggested in this

resolution, though it conceded the right to companies to negotiate privately for .the acquisition of lands required by them. But there was thin difference, the Government and not private individual were the purchasers, and for them to have the power to make private negotiations was most objectionable, because that power might bo exercised for political, purposes. It might be urged that arbitration incurred expense, but the trilling cost incidental to such a mode was of small importance compared with the evils to be dreaded from the opposite course. The Provincial Skciiktajiy, though lie had no desire to withhold the minute asked for, had heard no reason given by the lion, member for its production ; and he thought tlve habit of the Council asking constantly for an exposure of the minutiiu of the Executive was much to be deprecated. The latter clause of the motion he quite concurred in.

Mr. J?itzGeualt) explained that moving for the minute on this occasion was a mere matter of form to introduce the resolution appended thereto. The minute had already been read to the Council in the recent debate, and there was therefore no need for it. He would also admit that it was generally desirable that the Executive should withhold the publication of their minutes, but keeping in view the principles and practice of the Imperial Parliament, he maintained that the power of the Provincial Council was paramount over every department of the Government, and if they demanded the production of any document which was resisted, as it might be resisted, why then the minister knew the alternative —he must resign his office.

Mr. Om-ivieh approved of the position taken by the Provincial Secretary. It was often most inconvenient and subversive of public interests to bring forward in the Council the minutes of the Executive. He reminded the hon. member (Mr. Brittan) that he had, when provincial secretary, objected to comply with the wish of the Council to produce a minute of the Executive. When he, too, held that office, he saw it right to resist the motion of the Council for the production of a certain paper, and accepted the alternative indicated by the member for Akaroa, ho resigned. His successor perceived the propriety of the course he had adopted, and withheld the information, but did not on that account give up his office.

The clause calling for the minute of the Executive was withdrawn, and the resolution was carried.

Mr. Thompson moved that the consideration of the education of the Maories of this province be referred to the committee on education. The lion, member stated that the General Government had devoted certain moneys for educating and civilizing the aborigines of this part of the colony, and he considered it the duty of the Provincial Government to supplement the efforts of the General Government. He concluded with describing the kind of school, mode of training, &c, to be established, and the expense which would be covered by the grant of the General Government, leaving one-third, or £5 per head for each child in the training school, to be provided for by vote of the Council.

Mr* Rhodes briefly seconded the motion,

Mr. Wylde opposed' ;he proposition on the ground that the General Government reserved to themselves the right of governing the natives.

Mr. EitzGerald supported the motion. He thought we had too long neglected the duty we owed to the native race. We had come uninvited into their country anil possessed ourselves of their lands. We had subjected them to our laws. (" No, no.") He said, "Yes, yes." We were constantly having them before our courts, and made them amenable to our code. They paid the same taxes as ourselves, and in nothing did they differ save in the tenure of their lands. Our treatment of them hitherto had been monstrously unfair. We had done nothing for them, though we had taken their property, out of proceeds of the sale of which we were voting ourselves all sorts of benefits. He considered that a solemn responsibility rested upon us to educate and civilize these people, for it was idle to suppose that the General Government either ought or could do this without our help. (Hear, hear.)

Mr. Wilkin believed it was now too late to place this matter before the Committee on' Education, whose labors had already been very great, and whose whole arrangements would be disturbed by the introduction of this matter into their plans.

The motion was carried,

Mr. Harman moved the appointment of a select committee "To enquire whether any and what steps ought to be taken by the Government, in order to provide for the temporary transit of goods between the port and the plains, pending the completion of the Lyttelton and Christchurch Railway." The hon. member spoke at some length on his motion, pointing out that the public interests required that a cheap and efficient means of transport should be supplied by the Government. The idea of the Government, developed during the. late debate on the branch railway to Perry Mead, of creating a monopoly of the traffic by means of the Lyttelton and Christchurch Eailway, had startled the public mind and aroused the public feeling, which should have an expression in the Council. The position in which the question had been left, of communication between the port and the plains, by the late decision of the Council, had almost imperatively called for this enquiry. The public mind should be satisfied and general interests conserved. He could not help thinking that the latter object might be accomplished by the construction of a tramway to Sumner, as such a work was generally considered extremely feasible; at all events, if the enquiry were granted, such a work might fairly be brought under notice. The hon. member called attention to an advertisement which had lately appeared from the engineer of the Nelson Dun Mountain Eailway, commending a railway of peculiar construction, cheap in price, and readily laid, and bore testimony to the reputation of the engineer named, and his success up to this time in the prosecution of the work now going on in the Nelson province.

The Pbovincial Solicitor took exception to the manner of acquiring the end proposed by the resolution, but not to the object itself. In questions of this kind, the Government ought to take the initiative, and at the proper time they intended to do so. That time would arrive when the Council had received an accession to its numbers by the operation of the Provincial Council Extension Ordinance: until then, the Executive had determined not to take any steps in furtherance of new railway projects. Mr. Harston believed that private individuals were ready to come forward and make a tramway if the Government would, not interfere, but aid their enterprise. Mr. Peacock opposed the appointment of the committee, and objected to any further expenditure on railway works, as he thought that we had small steamers and coasting vessels in sufficient number to do all the carrying trade between Lyttelton and the plains. Mr. Eyfe thought the time might come Avhen the branch railway Avould-be required, but until then it was useless to waste time in the discussion of the merits of any railway.

' Mr. Brittan supported the motion, because ho thought the question of communication between the port and the plains had not been fully ventilated. By the shewing of the Provincial Secretary, it was the intention of the Government when they took council with tho Superintendent to buy the land for the branch railway to bring the matter before that house, and this inquiry would accomplish that object. He had no doubt if tho committee were appointed they would find that at present no extension of railway Avorks Avas desirable. The house was committed to the completion of one great work—the making the tunnel. Let that be accomplished, and then they might honorably and wisely consider Avhat other Avorks of a similar character Avero desirable and Avithin their means.

Mr. Ollivier must oppose the motion of the hon, member (Mr. Hiirman). Ho did not see why the present Council should arrogate to itself greater authority or wisdom than its predecessors. All the evidence that could be obtained on railway works had been laid before tho late Council, and after mature deliberation it had determined on the works to be accomplished. As regards the railway being made at the Dun Mountain, and its adjuncts, he saw nothing new in them. They had been fully discussed by the late Council and rejected. He should regard tho appointment of such a committee as that moved for, as a usurpation of the functions of

tho executive, and a ditingen ions rcnewalTf " strife settled by the division <n the recent I i on tho branch railway. (I(i')iit< ; Mr. Wilkin ahould opfewe the appointment „f « committee, and also any attempt to origin-it further railway undertakings} until the Thriir' 'lUy the outlying districts were more fully rei>r' ( ?f""1 in the Council, He had stated in the oxwutiv, ,i he would resign his scat, if the Superintendent I? 1 not carry out that policy. Ult ''"I Mr. ]?itzGeualu could not help regard im hon. gentleman opposite (Mr. Vilkin) with -.. t" ": interest. There flat the penitent member— (h m T, r —and lie had told them that, though he hail ' once, he would sin no more. '.Renewed hu^h""1 Ho hailed it as a good sign that the hon' n ? G r i; would no longer yield to the seductions " o f t r but be loyal to his first love—his constituency Ti'1 object he had in view in desiring the appoint of this committee was not to initiate any new "i' way works, but to prevent any further experulit " of money in that direction, save in making t\" tunnel. (Hear, hear.) What was the Sunfrint dent going to do ? Was the railway to Ferrvmi be made at once? In the financial statement l " pared by the Government and laid before the rail v committee, returns of probable income for six v V were given. On the strength of those rehi powers were given to the Executive to borr £50,000 per annum to make the Lyttelton "i Christchurch railway. That sum will not be f,, sufficient to proceed with, the tunnel; and yet n works, involving increased expenditure, are \Jn initiated by the Government. That is not kecr faith with the public creditor. It is not honest ft the permanent line from Christchurch to the tunn * be made before the more important part of the work is completed, it will have to be done at an exm.n of £60,000 to £70,000. It has been said that sufficient tramway might be laid down to Sumr/ for £300 per mile. The Council ought to have somp evidence laid before them on that branch of tl > subject. At present we have no evidence what h best to be done, nor what the Government intend to do. There is a good deal of alarm experienced out of doors as to the course which the Government intend to pursue, and this committee would be able to dispel that alarm. If the Government would rive 'the Council a guarantee that no new railway work should be proceeded with until the Council is extended they might be satisfied. ("Hear hear from the ministerial bench.) When the question of temporary communication between Christchurch and Lyttelton was before the Commissioners in London, Mr. Stephenson stated that the contractors Messrs. Smith and Knight, would be the parties to point out what should be done in the matter. He wished Mr. Richardson to be called before the House to have the benefit of his experience to guide them. He had no doubt that the report current out of doors was true, that private capital was ready to make a line to Sumner, but the Government would not give their consent. (Mr. Olmvier :To a monopoly ! I should think not.) It was not to be expected that the projectors of such an undertaking would give their freights to Government for nothing. They only asked to be protected in laying down their tramway, and that would not in any way interfere with any existing means of transit. Such an undertaking must be beneficial to the community, though in the hands of private individuals. Indeed he should prefer it on that account, for the Government ought not to be our carriers and undertakers of all our works. (Hear, hear.)

Mr. Templkr enquired whether the Sumner road would be traversible by ordinary vehicles in case of such a tramway being made; and Mr. EitzGerald replied in the affirmative.

The Provincial Solicitor thought that pending the intended extension of the Council such a committee as that asked for, would be worse than

useless,

Mr. Rhodes would oppose the motion, on the ground that we had had sufficient evidence to shew that we required the direct line and no other.

Mr. Harman briefly replied, and said that after the declaration of Mr. Maude that no other railway work would be entered upon by the Government until the new districts returned their representatives to the Council, he would ask leave to withdraw the motion.

Motion withdrawn,

On the motion of Mr. Templer the petition of the landholders and residents in the Oxford district was referred to the Committee on Public Works.

Mr. Peacock moved that his Honor the Superintendent be respectfully requested to place on the estimates a sum not exceeding £1000, for the purchase and establishment of a public pleasure ground for the inhabitants of Lyttelton. The hon. member in support of his motion, called the attention of the House to the fact, that though Lytteltou peculiarly in need of some place of public recreation, not one farthing of public money had ever been conceded to it, although Christchurch had been in several ways the recipient of the public, bounty, instancing a recent vote of £500 for planting Hagley Park.

Mr. Thosipson seconded the motion. Mr. Brittan had heard no evidence in support of the motion. Besides £1000 was a large sum of money, and there were much more important works demanding consideration. Mr. Brawell would allow that the money might be devoted to more important purposes; and so might the money devoted to beautifying Hagley Park, and the £50 moved for by the hon. member (Mr. Brittan) to provide bathing accommodation lor the favoured citizens of Christchurch. As the last mentioned place had been taken into consideration by the Government, he should support the motion ot his hon. colleague, not in the expectation that me Executive would recommend so large a sum as that asked for, but in the hope that something might be conceded to the much neglected people of Lyttelton. The motion was carried, and on the suggestion 01 Mr. Harman was referred to the Committee on Public Works. The House then went into COMMITTEE OF SUPPLY. Under the head of " Waste Lands" some conversation took place as to the desirability of appou«m» aKoad Surveyor, whose duty it should be to* o^ out the lines of road laid down by the k"8* nee£r districts were opened up and lands purchased. J. creation of the office was agreed to, and £boO voaa for salary, with £100 for forage, and £400 loi "£ departmental expenses. Several other items. \ i increased, in anticipation of extensive sales or ia during the ensuing year, and also to bring up i arrears of work now lying in the burvey uu • • The other items were put down as follow*: y Commissioner £300, one paid commissioner * - Clerk to the Board £250, messenger £93 125., w Surveyor £500 (increased from £3oO) toiaj,c ~ (increased from £50); three district survej ou £350 each, three assistant ditto at £300 eain,^ draughtsmen at £250 each, first assist;u« ■• - o - second ditto £170, Jas. Purvis (half sahuj J * ■ ■ 18 survey laborers £1800, contract survey* *> ■ keep of 5 horses £250, surveyor's oquipnit t Timaru £100, preparation of crown S™ lU*\ , «rL t0 £200 ; contingencies £300,—total vote tor tnt . Lands Department £10,945, This sum ™* " of supplemented by a vote of £3000, on the jwu« Mr. FitzGernld, under the belief that a kuj. i - of land than 30,000 acres would be ma^ dv" - t year, and the. previous items of the Com.ii , "were based on the supposition that only the |iiu" of land named would during the period pa»» private liands. . m j O r There was some discussion on the next ltuiu ii the head < geological survey' but the sum pwp«* (£ 1,500) was carried. „ nmvo i u >d Tno vote for the 'Harbor Department pi^o a very lengthy discussion. All sorts ot P™« IK , were made, such as a pilot vessel to crime ouu the heads ; a pilot station with whale boats .vs Port Cooper; a beacon and a light-house. / l) 0 elusion was arrived at; and the mfttter i» brought before the committee after souu, i {o has been obtained as to what is most UcsU' be done. „i tho lions 0 The chairman reported progress, ana uu. adjourned to Wt-dnesday, at rive p.m, WEDNESDAY—Novembkr 27. Presont-AU tlie members except Mr. »** Prayers were rend, and the minutes ot tlic 1 vious sitting confirmed. . COIU I The Pboviscial Secbexauv moved tno

reading of the Roads Bill, and cursorily reviewed the salient features of the measure, pointing out in what they differed from previous enactments of a similar character, and intimated his intention of moving the House into committee at its next sitting to consider the details of the bill.

[The following are the main features of this nieasure: —Clause 1 repeals the Hood Ordinance, session VI, No. 2. Clause 2 empowers the Superintendent to define and appoint certain districts •wherein the ordinance may take effect, and may from time to time alter the limits of such districts. Clause 3 qualifies every elector to take part in any meeting called to levy rates for the purposes of the ordinance. Clauses 4 to 10 declare that each district shall have an elected board of five members, and determines the mode and date of their election and retirement from office: three to retire one year and two the next. Clause 11 gives the Superintendent power to appoint a board for any district failing to do so. Clauses 12 to 14 prescribe that an assessment shall be made on all property, and show the manner of doing it. Clause 15 gives owners of property power of appeal to a bench of not less than three magistrates against any assessment deemed to be unfair, and if a case be made out the assessment to be altered, and the bench to determine which party shall pay costs of such appeal. Clauses 16 to 18 state by whom and to whom rates shall be paid, and the time of payment; also how the money shall be appropriated. Clause 19 makes it lawful for the Superintendent to commit to the boards moneys voted by the Provincial Council for public works. Clauses 20 to 26 are unimportant. Clause 27 empowers the boards to levy a rate of not less than a half-penny nor more than two pence in the pound for the maintenance of trunk roads. Clauses 29 to 34 give power to the boards to erect toll-bars, and prescribe the manner of enforcing tolls, and the penalties incurred for evading them.] Mr. Brittan expressed his doubt as to the propriety of committing such large powers as the bill created to the proposed district boards. It appeared to him that the prime distinction between this bill and previous measures of a similar character consisted in this, that the latter were only permissive, the former of a compulsory character. Another part of the bill he did not like: that which conferred power upon the Superintendent to form district boards where the residents failed to do so; and what was still more objectionable, such nominees might assess the property of such districts, and even spend the money of this Council voted for the public works of such districts. From his experience of local boards at home, he thought it would very likely be found that if this bill became law, the district boards would be constituted of individuals not fit to be entrusted with large funds, nor competent to conduct the works which would devolve upon them: Many of the clauses in the bill were very objectionable, but he would reserve his opinions on them until the bill was in committee.

Mr. FitzGerald could not agree with that clause of the bill which conferred the power on the Superintendent to make districts, and prescribe their boundaries and alter them at his pleasure. The Provincial Council ought to do this, and he should be jealous of voting away its functions. The boundaries of parishes and hundreds in England were held sacred from the Government, and if it were not so, if the Executive could tamper with those boundary lines and did so from caprice or for their own convenience the confusion resulting therefrom would be immeasurable. The new electoral boundaries of the Provincial Council Extension Bill might be adopted in this measure, for though those electoral districts were of a larger area than the proposed road districts, still the former might be subdivided from the latter, and the boundary lines as far as they went might be preserved. This he considered most desirable, as a number of arbitray and conflicting district boundaries, in a country, are found to be inconvenient, and productive of confusion in the state. (Hear, hear.) He considered the compulsory character of the measure might save it from the fate that had attended the Waywardens' Bill, and other road bills passed by the Council. There might be some reason to question whether the time had arrived for local taxation to be enforced for local improvements; but he had no doubt at all that if such a bill as the one under consideration was to be passed by the Council, it must be of a compulsory character. (Hear, hear.) The people would not agree to tax themselves. Of this they had seen numerous examples; and recently, in the cases of Lyttelton and Kaiapoi, Government had been forced to hold out bribes to induce them to accept the provisions and responsibilities of the Municipal Councils Ordinance: in fact the people of those towns would not swallow the physic necessary to medicine their ills unless some sweets were given them to coax it down. He did not mean to say there was anything wrong in this, for he considered that, with our great landed estate, those towns which took off the hands of the Council the trouble and expense of managing their affairs, had a claim to some permanent endowments out of that estate. (Hear, hear.) The hon. gentleman concluded his remarks by pointing out the necessity of introducing into the bill some stringent provisions to prevent the proposed boards from jobbing away the district funds of which there must necessarily be much danger. The Provincial Secretary in reply, stated that the bill was based on one now in successful operation in Nelson, and that similar bills were in i'orce in Auckland and Wellington. In reference to the remark that Lyttelton and Kaiapoi had to be bribed to accept the Municipal Councils Ordinance, he said that taxation was a bitter pill to all men; and there was no wonder, therefore, that the people of those two places asked for some sweets to solace them. He thought too that Lyttelton and Kaiapoi had acted prudently in accepting the physic whilst there were some sweets left, for the sugar could not be expected to hold out for ever, and sooner or later, the taxation pill must be swallowed. (Hear, hear) The bill was read a second time, and ordered to be printed.

Mr. FitzGerald rose for the purpose of moving the following resolution:—" That this Council learns with the greatest surprise, that the Government has neglected to adopt the usual means for providing for the security of the public treasury, by requiring the Provincial Treasurer to enter into the proper bonds for that purpose." Before moving the resolution he wished to know whether the Government had taken any steps since the debate on Tuesday week, to carry out the object contemplated by the resolution he had just read. The Provincial Secretary replied that the proper instruments had been executed, sufficient bondsmen had been found, arid the Provincial Treasurer was now under bonds to the amount of £5000.

This reply was accepted by Mr. FitzGerald, and on his motion the resolution was withdrawn.

Mr. C-LLivrER moved "That his Honor the Superintendent be respectfully requested to direct a sum to be placed on the estimates sufficient to defray the travelling expenses of members proceeding to and from this Council." In support of this proposition, the hon. member said that representatives of distant districts were compelled to spend from ten to twenty shillings per day whilst attending the sittings of the Council, and it was not desirable that they should be called upon individually to pay these expenses, as it would force constituencies at a distance to select their representatives from residents in Christchurch, and so impair the character and efficiency of the Council. Formerly members were paid by a certain scale, and so far as that scale applied to members living at a distance from Christchurch, he Avished to return to it, which awarded an honorarium as follows : members residing not less than two, nor more than five miles from Christchurch, 7s. 6d. per diem; not less than five nor more than ten miles, 10s. ditto; for every day on which they are present at sittings of the Council, to all members resident beyond ten miles, ten shillings per diem from the time of their making known their presence at the Council, to the time they declare their intention to return to their homes.

Mr, Shand seconded the motion,

Mr.WYLDE, as an amendment, moved that 20s. per diem be allowed to members resident more than ten miles from the Council Hall. He thought the Government should really compensate them for the "Whole outlay they incurred, or give them nothing at all,

Mr. Eickman coincided with the last speaker.

Mr. Peacock wished the amendment to apply to all members from a distance of five miles, and would have moved an amendment to that effect, but it was ruled that he atos out of order. Mr. FitzGerald admitted the necessity, and a sad one he deemed it, for the Council to make some provision to reimburse members for the extra outlay they incurred in attending to their duties in the Council. He humourously described the experience of the American Government in this matter. Originally they, were all paid a certain sum per day, and many persons made it a trade to sit in Parliament. Knowing how much it would require to keep them throughout the year, they got into the habit of spinning long speeches so as to eke out the time for their salaries to cover the year's wants. But though the kind hearted folks of America were quite willing to submit to the money being taken out of their pockets, they got tired of the talk; to put an end to the nuisance they consented to give their representatives a lump sum for the session; and after this was done it was surprising how soon the business was got through. (Laughter.) Now, he neither desired nor anticipated that they should imitate the Yankee senators, but he thought it desirable that the resolution should go to the Superintendent unhampered by any scale, but stating the sum that would be required to be placed on the Estimates to meet the justice of the case; leaving to the committee the task of apportioning the distribution.

Mr. Brittan, though desirous of acknowledging the right of members coming from a distance to have extraordinary expenses defrayed out of the public chest, was anxious to avoid offering a premium to adventurers to seek a seat in that House in the hope of getting a pound a day. He thought 10s. a day sufficient to satisfy .the justice of the claim of members resident ten miles from town. Other members had sacrifices to make, which were made cheerfully, because the position itself was deemed to be one conferring honor on the individual. (Hear, hear.)

The amendment was lost, and the original motion carried with a verbal alteration.

Mr. Ollivier, in a brief speech, moved the second reading of " a bill to provide assistance for training a volunteer force within the province of Canterbury." The bill is in substance the same as that introduced by the Hon. Mr. Crosbie Ward, during a special session of the Council last year, but not then carried through the necessary stages owing to the Council being suddenly prorogued. Its chief provision is that a sum of not more than 30s. per head for each enrolled volunteer shall be yearly paid out of the provincial chest.

Mr. Wylde seconded the motion, which was carried on division.

Mr. Ollivier then moved that the Superintendent be asked to place a sum of £96 on the estimates to defray the losses sustained by John Birdsey arising from the destruction of his property on the occasion of the turning of the first sod of the Lyttelton and Christchurch railway. In introducing this motion, Mr. Ollivier read over a list of the property destroyed or stolen, and contended that the province ought to make it good, as the outrage had been committed by a riotous and tumultuous mob, over whom the ordinary conservers of the peace had no control. The hon. member indulged in a little pleasant badinage at the expense of Mr. FitzGerald, representing that the damage had been occasioned by the people in their wish to get a sight of, and offer an ovation to that gentleman on his return from England.

Mr. Tosswill seconded the motion,

Mr. FitzGerald expressed his astonishment at what had fallen from the mover. He thought the occasion was in honor of the railway ; now he was told it was an ovation to himself. But hefore he accepted it as true he must have some better evidence than the hon. gentleman's statement. To speak to the motion, he thought the Council was hound to resist the claim put forward. The entertainment at which this outrage was committed, was a private breakfast given by the railway contractors, andsurely they were the parties responsible. Mr. Ollivier, of course being an amiable man, was the man to bring forward such a motion as that before the house, or in fact any motion asking for public money for any conceivable object. He could only compare him to a blister whom anybody might lay upon the public chest to draw out its contents for any worthless object. (Laughter.) A long and somewhat angry discussion ensued, Messrs. Thompson, Harston, Brittan, and Davis speaking against and Mr. Wylde for the motion. Mr. Armstrong moved that the further consideration of the motion he adjourned to that day six months.

The motion for adjournment was seconded, and, being met, the house divided. Ayes :—Messrs. Armstrong, Bradwell, Brittan, Cookson, Davis, FitzGerald, Fyfe, Harston, Rickman, and Thompson.—lo.

Noes. —Messrs. Duncan, Maude, Murray, Ollivier, Peacock, Khodes, Studholme, Tosswill,, Westenra, "Wilkin, and Wylde—ll.

The motion of Mr. Ollivier was then carried on division by 12 to 10; Mr. Templer, having come in before the last division, voted with Mr. Ollivier.

Mr. Harston moved a resolution urging the Government to take means to keep the Lower Lincoln road open for dray traffic during the rebuilding of the Heathcote bridge. Mr. Thompson seconded the motion, and pointed out the great hindrance to business which must result if the road were closed for six weeks as was anticipated. The Provincial Solicitor assured the Council that the prayer of the resolution should be at once complied with

The resolution was then carried pro forma

On the motion of the Provincial Solicitor, seconded by Mr. Wilkin, the Roads Diversion Bill was read a second time, and ordered to be printed.

The Provincial Secretary moved the first reading of a short bill entitled ' The Superintendent's Salary Bill.' The object of the bill was to prevent the unseemly course of coming every year before the Council to ask for the Superintendent's salary. The bill fixed the amount at £700 per annum, to be paid by the Treasurer in monthly proportions, as the Superintendent shall by warrant from time to time direct. —Motion carried.

The Provincial Secretary also moved the first reading of "An Ordinance to provide for the better organisation of the Civil Service in the Provincial Government of Canterbury." The Ordinance, amongst other things, enacts that there shall be four classes, in which shall be ranked all the officers or other servants of the Government. Any person who shall have served seven years and upwards shall be qualified to be placed in the first class, and be entitled to receive an increase of salary, by consent of the Executive, amounting to not more than £25 per cent, per annum, upon the average salary of the previous two years. Any one who has served four years, shall be qualified for the second class, and may receive an increase of not more than £15 per cent, per annum. Any one who has served one year and upwards is qualified for the third class, and may receive an increase of salary of not more than 7 per cent. All others are probationists. The ordinance also provides pensions, for such as from bad health or old age are no longer capable of performing their duties, after the following scale:—" To any officer, clerk, or person who shall have served ten years and upwards, and under fifteen years an annual allowance equivalent to one-fourth of the average salary of office or offices held by him during the last three years previously to retirement. For a period of service of or exceeding seventeen years and under forty years, an annual allowance equivalent to one half of such salary. And for forty years and upwards, an annual allowance equivalent to the to the whole of such salary."—The bill was read a first time.

Mr. FitzGerald brought up the report of the select committee on the Provincial Council Extension Bill, and moved that the bill be recommitted.

The house went into committee on the clauses of the schedule as prepared by the select committee, and a long debate ensued for a report of which we have not space. ■ One new district had been added by the select committee named the Lincoln district. The committee of the whole House accepted the districts as recommended in the report changing the name of the Kaiapoi country district to " Mandeville," and Akarba country to "Wainui." Two members were appointed to the new Lincoln district, and the

number for the Heathcote district reduced from 4 to 3. After the clauses in the schedule had been disposed of, some difficulty was found in the meaning of the last clause in the bill, which seems to warrant the interpretation that the present Council will cease to exist Avhen the Extension Bill receives the Governor's assent. A little after 11 o'clock th 6 House determined that the bill should be re-com-mitted ; and the Council adjourned to Thursday at 5 p.m. THUESDAY—Novembeb 28. Present—All the members except Messrs. Harston, Eliodes, Studhohne, and Templer. Prayers were read and the minutes of the previous sitting confirmed. The report of the Committee on the regulations of the Waste Lands Board was called for, when Mr. Wilkin asked on behalf of the chairman of that committee for an extension of time to Tuesday week, on the plea that most of the members had been engaged every day on other committees.—Leave granted. On the report of the Committee on the Sheep Amendment Ordinance being called tor, Mr. Wiikijt made a similar apology as the foregoing for its non-production, and the tune for bringing it up was fixed for Wednesday week. Mr. ABMSTBoir& asked whether Government intended to appoint a person to grant timber-cutting licenses in the Akaroa district, and said that Mr. Parker had held such an appointment, but ha<J been a long tune absent from Akaroa, and much inconvenience had resulted. The Provincial Solicitor promised that the matter should be attended to. The Provincial Secretary moved the House into committee on the Eoads Diversion Bill. The first and second clauses were agreed to nem. eon. On the third clause being read, considerable discussion took place. The clause stands thus:— "It shall be kwful for the Superintendent of the said province of Canterbury to take all steps necessary for the laying out and construction of any new line of road passing over any private lands within the said province, and to enter upon and cause to be entered upon all such lands for the purpose of making the necessary surveys of the same, and to take possession of all the lands required for such new line of road." Mr. FitzGerald wished to know whether it was intended that the Superintendent should transfer the power to enter upon private land to the district boards created by the Eoad Bill. Mr. Ollivier was of opinion that no district board should have power to divert a road. Mr. FitzGebaxd felt considerable reluctance to give any Superintendent the powers conferred by this clause. In practice it would cause great dissatisfaction. The The Executive would be at the mercy of the Provincial Engineer hi every case where the diversion of a road was suggested. He had every personal respect for Mr. Dobson, but questioned his judgment in the cases supposed. Very lately that officer had given a strong proof of his obstinacy in the matter of a road hi his immediate neighbourhood. There, a road was being made, and by carrying it in a slight curve it would avoid private property. But that would not suit Mr. Dobson: he must have a straight road; and to carry out his whim he would infringe upon private property and pull down a man's buildings. In this case nothing was to be gamed by the public, but only the weak prejudice of an individual gratified, who could see no beauty except in a stupidly monotonous straight line. Besides, he regarded the clause as conferring a tyrannical power on the Superintendent, and should prefer to see such powers conceded to the residents in the district, that then* feelings, judgment, and interest might have their proper weight. After some remarks from Messrs. Ollivier, Harman, and the Provincial Solicitor, Mr. Fitz Gerald suggested some saving clauses to the 3rd clause, which were coincided in by the Provincial Solicitor, and the further consideration of the bill was" postponed.' The Provincial Secretary moved the House into committee on the Eoad Bill. Clause 2 met with considerable opposition. It was read as follows: — " It shall be lawful for* the Superintendent from time to time by proclamation in the ' Government Gazette' to define and appoint certain districts within the Province of Canterbury wherein this Ordinance shall come into operation, and the limits of such districts from time to time to alter as occasion may require ; and also if he shall think fit, to revoke such proclamation by which such districts shall have been constituted, and to make such other provisions in lieu thereof as he shall think necessary in order to carry into, effect this Ordinance." Mr. Fitz Gerald moved that it be expunged. In it we saw the same objectionable feature as in the Bill just passed from their consideration: a voting away of the functions of the Council, and clothing the Superintendent with arbitrary power. The boundaries of the districts should be laid down by that House. If the matter were referred to the select committee who had just laid down the electoral boundary lines, the work would soon be accomplished, and all the districts might be enumerated in a schedule attached to the Bill. Several members joined in the discussion, but the feeling of the House was decidedly against the clause, and Mr. Fitz Gerald's idea was substantially adopted, and the clause now simply states that certain districts, enumerated in a schedule appended to the Bill, shall on a day to be named (viz., the first Monday in December) be proclaimed road districts within the meaning of this Ordinance. A lengthy discussion ensued on the clauses read, up to clause 28, during which the number of members gradually diminished, and the consideration of the more important clauses, viz.: 12, 16, 19, 27, and 28 were deferred. The intervening clauses were with some trifling alterations carried. Progress was reported and the House resumed. Mr. Davis moved that the Superintendent be requested to place a sufficient sum on the estimates to establish a school at Little Akaroa. Carried, and referred to the CommitfUSe on Education. Mr. Davis also moved that the Superintendent be requested to place on the estimates a sufficient sum to open communication with the western ranges by means of bridle tracks to enable exploring parties to penetrate into the valleys between the Plains and West coast. The Council negatived this motion, on the ground that it was properly the field for private enterprise. The Superintendents' Salary Bill was read a second time. The Civil Service Bill was also read a second time, but Mr. FitzGeraid intimated that when the bill was in committee he should suggest considerable alterations. The House then went into commictee on the Provincial Council Extension Bill, the remaining clauses were adopted, the last being altered so as to make a dissolution of the present Council inperative when the proclamation announcing the Governors' sanction to the bill is published in this province. The preamble was passed, progress reported, and the House adjourned to Friday noon.

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Bibliographic details

Lyttelton Times, Volume XVI, Issue 945, 30 November 1861, Page 4

Word Count
7,349

PROVINCIAL COUNCIL. Lyttelton Times, Volume XVI, Issue 945, 30 November 1861, Page 4

PROVINCIAL COUNCIL. Lyttelton Times, Volume XVI, Issue 945, 30 November 1861, Page 4