THE NELSON EXAMINER.

Nelson Examiner and New Zealand Chronicle, Volume XXIII, Issue 35, 22 March 1864, Page 2

THE NELSON EXAMINER.

Tuesday, Maech 22, 1864.

Journals become more necessary as men become more equal and individualism more to be feared. It would be to underrate their importance to suppose that they serve only to securo liberty : they maintain civilization. Db Tocqtjbvillb, Of Democracy in America, toI. t., 230. "We have frequently spoken of the danger of fire, which, at all times, threatens a town like Nelson, built almost wholly of wood, but, besides the ordinary dangers to which a town so constructed must ever be liable, we have had, within the last few days, two admonitions that we have suffered a special and most serious evil to grow up and flourish in the midst of us, which far exceeds any danger of an ordinary character. "VVe noticed, on Saturday last, the firing of a gorse hedge, in Examiner-street, by, it was supposed, some mischievous children; and, to-day, we have to record a similar occurrence which has taken place in Nile-street. In both these cases, prompt and, vigorous measures, fortunately, prevented the fire spreading, and no serious damage was inflicted ; yet, enough was done to show the peril there is in permitting the continuance of gorse hedges in the town, unless under some more stringent regulations than those at present existing, and especially the danger there is in suffering many of our streets to become little better than gorse thickets. The evil ensuing from gorse growing in the town has been recognised by the Provincial Legislature, for, in the Session of 1861, the Provincial Council passed an Act "to prevent the planting of gorse hedges in the City of Nelson." This Act, however^ dealt only with half the evil. It prohibits the further planting of gorse hedges adjoining any road or street in Nelson, and it subjects persons having such hedges to a penalty not exceeding five pounds, if they fail to "properly trim" them "once at least between the Ist of January and the 30th June, and once at least between the Ist July and the 31st December in each year." The Act however, contained no provisions for getting rid of gorse altogether within the limits of the town, or, what was most loudly called for, clearing it from the streets, although on some in the outskirts of the town, and others

which are but little used, gorse has taken nearly entire possession. Ab regards getting rid of gorse altogether within the town, we should he sorry to advocate any arbitrary measures, but individual convenience must give way to public welfare, and no person has a right to surround his premises with anything which may endanger the property of his neighbours. Whether it would meet the requirements of the public safety, if the term " properly trimmed " was defined to mean, trimmed down to a certain number of inches in height and thickness, we are not prepared to say, but that the law, as it exists, is little better than a nullity, is beyond a question. The spread of gorse in the streets is, however, the greatest evil, and should be met at once. It is of comparatively little use to trim hedges, if a whole thicket of gorse is suffered to flourish close at hand, shedding its seed, and spreading farther and farther every year. The first step to be taken should be to establish, beyond all cavil, on whom the duty rests of clearing the streets of this increasing nuisance. Does it rest on the owners or occupiers of property adjoining ? Does it rest on the Board of Works ? "We should like to see the question tried. It is raised gravely by a correspondent in our columns to-day ; and we think it would- be conferring a boon on the public if a case were tried before the Resident Magistrate, and a decision got upon it. As the law at present stands, we believe the Board of Works to be the party responsible, as the Nelson Improvement Act, 1858, placed the streets of the town under their control and charge. For the Board of "Works to clear all the streets of gorse, would, it may be said, consume a very large portion of the rates. Such may be the case, but the work must be done by some one, and the longer it is delayed the more costly will it become. We have no desire to thrust upon the Board the task of becoming surplus gorse exterminators, if it can be settled that such a duty properly belongs to other parties ; but what we really do want to learn is, the real state of the existing law, and if that is shown to be defective- then to have it at once amended, and when amended, rigidly enforced.