Selection from "hansard"

Marlborough Express, Volume V, Issue 249, 17 September 1870, Page 5

Selection from "hansard"

WAIRAU VALLEY ROAD RESERVATION BILL. : The Hon. Mr Seymour, in moving the second reading of this Bill, staled that it had reference to the main trunk road between the Provinces of Marlborough and Nelson. By the Crown Grants Act of 1866 a period of three years had been given to the various Provinces to undeitake the necessary surveys to lay down lines of roads required for public convenience, and that they, should, then be gazetted. In most cases in the Province of Marlborough that had been done, but for some reason a portion of the road referred to in the Bill was omitted. He believed the reason to have been that a considerable portion of the road had been surveyed by the Province of Nelspn ; it was laid down on the land, but had never been gazetted. It was always supposed, until, very recently, that it had been gazetted, and that it was unnecessary to take any: further steps under the Act of 1866. Time elapsed, and a case arose in the Province of driving sheep along the road and allowing them to stray into the land contiguous, ■which resulted in t a case being tried in thelocal,Court, in the cpiirse of which it was elicited that the foad'had never been completely surveyed or gazetted; therefore , there ; was, hp road, and .as the time utider. the Crown Grants Act had lapsed’ no provision : could be made by which ’ ’ it ’ could - be maintained: It*, had been in use for more than eighteeri’years,' and the object of the Bill ,no\y, introduced to obtain' ah extensiph Vpf time Tor ope year to enable the surwy of the road to be completed 1 and gazetted., ' -No:-, injustice ‘would be done to the" owners bb'propertyj as . there ’ had been ’ a reservation' to thb extent,of. 215. acres made Tor thb,cqnstruc7 tibn of the* road. through .the *land. . The , road was 1 , about' ten. miles. in ,-leiigth: and [ sixty-six . feet only be eighty acres, 'leaving a. /considerablebalance of 'property r: tP.'thd. purchasers of the land thrpugh which The. road ran. ’ r ’;' I The Hon.' Colonel Bussell was' not’aware jWheth^.there!was any>?ne ini the Council who .rppfpsehted T.hQ'.nwners i.of! the land. Heithought itiwouid.bei rather, a hard case to take' 'up' extent of land without giving 'compensation. ■ "• / ‘t The 'Hoh.v Captain BalLlie 5 said that it lyas; hot proposed tp -take the. land; from .any.' lone;’ iinasrhuebhras .then iPad,! had been; in existence' for/twbnty-five‘'years, ! and had 'befeh "dH'veh hhebp'‘'thbusarida:;'df times.; ;; ,-I£ ( ,was an. oversight on the pare, .or the, late,(government • of Marlborough -tb neglect ■•having dt - surveyed > and gazetted. The original ’grant' for the : road was 150 acres, but there had been only seven'miles

surveyed, the other three having been forgotten. It was, therefore, necessary to bring in the Bill before the House, to extend the time to complete the Surrey of the road and have it gazetted. The Bill was now brought in to give the Superin* tendent power to lay out a line of road. A case recently came before the Resident Magistrate’s Court,, and the circumstances were briefly these { Two men had been driving some two or three hundred sheep one of the men got drunk, and the other man was unable to keep his sheep within ' the limits of the chain road, and the owner of : the property on which it was alleged they strayed impounded them. The raagis= trate, however, decided that the road had not been clearly defined, and that he had taken the law into his own hands. The Council, therefore,' were now asked to require the Superintendent to put that line of road on the same footing as other roads, in respect to which Acts had been passed some two or three years since. The Hon. Mr Sewell said he would suggest to his honorable friend opposite the propiiety of moving for the appointment of a Select Committee. The Hon. Mr Lee said that not the slightest danger would occur from the passing of this Bill. .He knew the road which was alluded to, and any one Who had travelled in the neighborhood, must also know that the road had been opened for years. It seemed that no act of injustice could be done to the owner of the property, inasmuch as he was allowed, under the regulations, a certain percentage on the purchase of his land for the purpose of making the road. Ho injustice could be done to ; him, and it was quite right that .the "Bill should be allowed to pass. V The Hon. Captain’ FaASEa said he desired to explain that in that part of the. country from which he came, three months’ notice Was given in regard to the making, of , objections, and he considered that, the .provision was a proper one. ‘ The' Hon. Mr McLean said he was also unable to' ‘see, after. < having . considered the objects of the Bill,* how any injury could be done to the individual in question: , ! J> The '■ Hon: ‘Major ‘ Richmond, C.B.j' : also remarked that if the Bill .were' allowed to pass, no injustice Would be done. Thhroad in question had'been a road for a long time past, and the proprietor ‘ of the land had received .ample' allowance in connection with the formation off this arid hthef roads. The Hon. Mr Seymour said this Was not a matter for compensation. The facts were simply these : 215 acres were reserved for the purpose of making a road 1 , ; sixty-six feet in width, through and over the said land, and as far as he could make out it was a pure matter of chance that it was not done. If a Committee were appointed, it would so delay matters that the '‘ Bill would not get through, both branches of the Legislature during the present session, and at any moment the proprietors of the land could shut up the high road between the two. He had consulted the Hon. Mr. Domett on the matter, and he expressed his concurrence in the introduction of the bui. . . . ; .“"It, - The Hon. Colonel Russell asked Whether any person representing the owners of this land knew of the action that was being taken. *,“• . ' ; The Hon. Mr Seymour said he was riot aware whether the proprietor knew of the action which was. being 1 ; taken in 1 the Council, but be had long ago, instructed the Provincial Secretary to write to him on the subject, but ho had riot received any reply. ' The;, Bill ""was read a second time, , considered ' in Committee, reported without amendment, read a third time;, and passed, -.[The,Bill was afterWarda .moved in the House of'Representatives',hy Mr Eyes, ( and has.since been read a third time and passed.] ! I “V. rW — 'i].C : SUPERINTENDENTS - OF MAREBOROUGH ELECTION .. ■" BIEL. ?:i A -S : The Hon.. Captain Baielxe moved’ ihe second reading of this Bill. The Hqn. : Mr Robinson Would move ; as an amendment, that the Bill be read a second time that day. six months.;’,; He thought that,- considering • the • important ' questions which Were before the Council, it would he a wast e‘ of time to attempt to alter the constitution of any of the Provinces, especially as several honorable members had stated that they would like to see the Pro* vinces Abolished. The honorable the mover had not shown any reasons;, why the Province of Marlborough should be excepted from the’ operation of tbA Hew Provinces Act. A resolution had been for Warded from one of the most influential Provinces, namely ,'tbe Province of Canterbury, to the effect that it was desirable' that the ; Sriperintendents' off that Province should J be elected in the same manner as the Superintendent of Marlborough had hitherto been elected, and Which was now before'the

Legislature. He hoped the Council would see the propriety of agreeing to his amend ment. The Hon. Colonel Kenny said that he would second the amendment, because the honorable gentleman who introduced the Bill had not spoken upon its principles, or want of principles. The Hon. Mr Seymour thought that it was due to the Council that he should explain why, after having taken up the Bill, and placing a notice on the order paper for the second reading, he did not intend to support it. Mr Eyes had asked him, at an early period of the session, whether he would take charge of it when it was before the Council, and, without due consideration, he consented to do so. Since that time he had carefully considered the subject, and had taken counsel with many persons who were interested in the Province, and had come to the conclusion that the proposed change was not a desirable one. He then had an interview with Mr Eyes, and explained the change which had taken place in his views, offering to fulfil his promise to move the second reading, if it were desired but stating at the same time that he could not support it. Under those circumstances, Mr Eyes had requested him to withdraw it. The Hon. Captain Eraser was sorry that the Bill was to be shelved, as it was a wise and just measure. It would restore to the Province of Marlborough the rights which they had lost under the Hew Provinces Act; and, under the new Ballot Bill, there could be no doubt that the right man would be put in the right place. The Hon. Mr Sewell would vote against this Bill, It was a slur upon the Legislature to suppose that it would pass a Bill of this kind without any reasons being advanced in support of it. He might say that both the existing and proposed mode of election were equally repugnant to his views. The Hon. Mr McLean said that with respect to the remark of his honorable friend Colonel Kenny, he thought the mover had shown his sense in not speaking upon the Bill when he knew that there was no principle in it. He should support the amendment.

The. Hon. Mr Mantell did not think that the honorable member was deservingof censure for not having explained the Bill. It was very kind of an honorable gentleman who was in charge of a Bill which bad no principle, to adopt means for its decent interment forthwith. The Hon. Captain Baillie said that the Bill was founded upon a petition from some 400 residents in the Province of Marlborough who desired to . possess the same privileges as other Provinces in respect to -the election of Superintendents. He could not say which was the most useful method, because they had before them a resolution from the Provincial Council of Canterbury to the effect that, -with a view to render the administration of the Province more simple, it was desirable that the Superintendent should be elected and removable by the Provincial Council. That resolution came from one of the largest Provinces in the Colony, and the Province of Marlborough arrived at an opposite conclusion. Most honorable members were aware of the contests which had taken place in that Province with regard to the election of Superintendents. He could not say anything in favor of the Bill beyond the fact that many people desired it.- > Mr Eyes had spoken to him on the subject, and He (Captain Baillie) was anxious that the opinion of the Council should be taken upon the Bill. . , Question put, “ That the words proposed to* be left out stand part of. the question,’’ upon which a division was called for, with the following result _ : Ayes, 4—Captain Fraser, Messrs Gisborne, C. J. Taylor, Williamson. ■* Hoes, 23—-Mr Bonar, Dr. Buchanan, Messrs Cambell, Chamberlin, Holmes, Johnston, Colonel Kenny, Messrs Lee, Mantell, McLean, Miller, Nurse, Patterson, Pillans, Major Richmond, C. 8., Mr-Robinson, Colonel Bussell, Messrs H. E. ( Bussell, Sewell, Seymour, Stokes, Waterhouse, Williamson. [Captain Baillie did not vote, j ■■ y: The amendment was consequently agreed to, and the Bill ordered to be read a~ second time that day six months. THE ESTIMATES. \ On August 30, in Committee of Supply, on the item, Marlborough, Militia and Volunteers,. £B9O. v . Mr Eyes intended to propose that this item be struck out altogether. Ho sum had been voted the two previous years for volunteering purposes in Marlborough, and the item had been entirely left out from the estimates. The Volunteer movement was quite unnecessary in the Province, and if they wished the money to be expended, the Provincial Council had the power of doing it. In the present state of the Province it

was utterly absurd to tax the people with such an expenditure. The present Superintendent, in a memorandum to the Defence Minister, stated it as his opinion that, under existing arrangements, such an appropriation was undesirable—that the General Government expenditure in-that Province absorbed the whole of the land fund ; but if the proposal of the Colonial Treasurer were adopted, with reference to what he might call.the"population allowance of £2 ahead, a sum of about £250 might be placed as a capitation grant to the volunteers, at the rate of 80s, per head. It was absurd that the Province of Marlborough, in its present impoverished state, and languishing as it was for want of roads and bridges, should be called upon to pay such an amount of money for capitation allowance to volunteers. He would move that the item be struck out, and, and he hoped the Committee would support him. Mr Barer would support the amendment, as in the case of Marlborough, the expenditure was entirely unnecessary. Mr McLean said the Government desired to encourage the Militia and Yolunteer movement in all parts of the country, and, as there was a disposition to encourage the movement, he would not like that Marlborough should be an exception. The Superintendent of the Province had stated that, if the capitation allowance were made to Marlborough, he should be glad to see the sura of £2OO placed on the estimates. In that Province there were 70 cadets and 327 rifle volunteers [?]. They required some control and some training, and he hoped the representatives of Marlborough would not altogether do away with the Yolunteer service in their Province. -—'

Captain Kenny having, on former occasions, supported a capitation grant for Marlborough, could not, with consistency, support the honorable member for Wairau. The Volunteer movement had of late languished, probably for want of the capitation allowance. He thought no real improvement would be effected unless there was a proper system of inspection. Hitherto the officer who acted as adjutant had done so without any pay, only travelling expenses being allowed him. It was hardly to be expected that that officer would continue to give his services gratis. If the Government granted the capitation allowance, he hoped the Colony would provide for a paid officer to inspect the force and make it efficient. Colonel Haultain hoped the Government would now see that the Militia and Volunteer charges should be made a colonial charge. He was not surprised at the honorable member for Wairau objecting to so large a portion of the revenue of Marlborough being devoted to volunteers, and he should vote with him. At the same time, if volunteers were to be kept up, it was absolutely necessary that there should be a commanding officer to inspect them ; ther r e must be some supervision if the volunteers were to become efficient. Mr Eyes quite agreed that the charges should be colonial and not provincial; then the House would investigate more closely the system as it at present existed in the Province" of Marlborough. However desirous the Government , might be to foster such a service, it was gross irij ustice to saddle the Province of Marlborough with such an expense. He felt so strongly on the subject that he should oppose the item in every possible manner, and would divide the Committee upon the question. Question put, that the sum be reduced by £690. Agreed to., f Question put, “ That a sum not exceeding £2OO be granted to Her Majesty for the purpose of making a capitation grant to the Province of Marlborough,” upon which a division was called for, with the following result; — Ayes, 23 : Messrs Carrington, Collins, Creighton, Driver, Colonel Haultain, Messrs Kynnersley, Ludlam, MpLean, Mete Kingi, Siir. D- Monro, Messrs Ormond, O’Rorke. Peacock, f Richmond, Rolleston, Stafford, Studholmel Tareha, Vogel, Webster,'J- C. Wilson, C-B. Tellers, Captain Kenny, Mr O’Neill. , Noes 12: Messrs Armstrong, Barff, Bradshaw, Bunny, 1 Dignan, Gillies, Hall, H. S. Harrison, W. H. Harrison, Taylor. Tellers, Messrs Eyes, Kerr. i; - . Item as reduced agreed to. , ■ i