AUCKLAND PROVINCIAL COUNCIL.

New Zealander, Volume XVIII, Issue 1669, 16 April 1862, Page 3

AUCKLAND PROVINCIAL COUNCIL.

FRIDAY, APRIL 11th. The minutes of the preceding meeting having been read, Mr. FOLEY moved that this Council is of opinion that the Wharfinger or other person collecting the tolls bo required to give security to the amount of two months income arising from the wharf. After some discussion, during which it was pointed out by Mr. I'owe that an assurance had already been given by the Executive that security would be required, the motion was put and carried. The Council then proceeded to the Orders of the Day. The report of Committee on Gaol, Hospital, and Asylum, not having yet been received from the printers, was again postponed, and message 131 (respecting the erection of Government Offices) was read, and gave rise to lengthy debate. Mr. CARLETON opposed the immediate consideration of the .question, and moved as an amendment, “ That the communication sent to the Council by the Attorney-General through the Superintendent, ought to be condemned as an interference with their just rights, and can only be looked upon in the light of a threat, and ought to be referred back for amendment before being placed on the record of the Council, but that, owing to the advanced stage of the Session, the Council will waive their objection to the terms of this letter.” The consideration of the question was ultimately postponed till the next sitting day. Message No. 136 (Superintendent’s amendments to Municipal Police Bill) next came under discussion, the insertion of a clause to “Prevent disturbance of worshippers on the Lord’s day” was warmly opposed by Messrs. Wynn and Buckland, and supported by Messrs. Rowe and Brookfield, and was in the end carried in a division of 13 to 10. The insertion of two other amended clauses in the same bill was afterwards negatived.

APPROPRIATION BILL. The Council having gone into Committee on this Bill, Mr. CARLETON moved several amendments, which were passed without discussion. He then moved that the following do stand clause 6 of the Bill: — AH appropriations made prior to the 31st of December, 1861, of moneys not before that date expended on the specific services for which the said appropriations were recommended, are hereby repealed.” This occasioned some discussion, and Dr. POLLEN having shown that the adoption of the clause as it stood would occasion serious embarrassment as well as be an injustice to contractors for public works, —that it would prevent the Superintendent from continuing any works, commenced under the authority of previous Appropriation Acts but not yet complete,—and that though there might be an overflowing Treasury he could not legally pay a contractor for works done since the beginning of this year, Mr. CARLE TON moved an addition to the clause, making it apply only to votes passed in previous sessions but on which no action had been taken, The clause as amended was then adopted. The short title and preamble of the Bill having been passed, the Speaker resumed the Chair, and the Bill was reported with amendments, and agreed to. On the motion of Mr. ROWE, the Bill was recommitted. He then moved that £SOO be placed on the estimates for the purpose of improving Slippery Creek. The sum had been voted on two former occasions, but had not been expended, and he thought the Council bound to renew the vote, —backed as it would be by an equal amount from another source, —for the accomplishment of a work the immediate necessity for which all must acknowledge. He did not ask that it should be made a charge on the Manukau Harbour Endowments as the Council seemed to object to that, but he thought that a portion of the unappropriated balance of the general revenue might be wisely used in this manner. Mr. BUCKLAND supported the motion. It was a matter which affected the whole Province. He thought a good coal field was better than a bad gold field; and the coal which could be obtained so much cheaper by the proposed improvement would prove a far more desirable export than the stone which was now taken away in such large quantities. Besides, the military were desirous to possess the locality as a basis for their operations, and though the amount proposed would not be half sufficient for the purpose of removing the obstructions from the creek, the military authorities were willing, with its assistance, to accomplish the work. Mr. D ALDY protested strongly against the proposed expenditure. It seemed impossible to satisfy the wants of the Southern Division, while the North was not getting a cent. He had never spoken about North and South before, but it was going too far when the South wished to have three parts of the whole amount expended on public works while the North was to provide for itself. Mr. KING supported the motion. It was not a question pf the South versus North, but whether it was right that this Council should assist in a matter so beneficial to the whole country. Mr. SKYRME opposed the motion. Mr. BUSBY thought the proposed vote was only intended for the benefit of a private company; and that if any member of the Council interested in that company took an active part in voting the money, he had his doubts whether the Supreme Court would' not set aside the Appropriation Act as illegal. It was not Unpersons to vote money to go into their own pockets; according to English law it looked something very like misdemeanour. Mr. CAD MAN would not be deterred by the remarks of the hon. member for the Bay from doing what he believed to be a public duty in supporting this very necessary expenditure. The hon. member himself had frequently brought forward money motions in which he had a personal interest, and had not left ttys Council wjijle {hey ye re upder disepssjof]

Mr. FOLEY said that if the Coal Company wanted the amount, let them raise £250 and get the other from the Superintendent under the Local Contribution Act. Mr. CARLETON thought the remarks of Mr. Caclman most uncalled for, as there was not a member in that Council who had sacrificed so much,financially, to principle as the lion, member for the Bay. With regard to the motion before them, no one could doubt the utility of the work; the question was not whether the work was useful or not, but which part of the Province was most entitled to the little that could be spared. He would have to oppose the motion. Messrs. WYNN, LYNCH and MAY, thought that under the circumstances the vote should be refused. Council divided: Ayes 8, Noes 17. Mr. ROWE then moved that £750 be placed on the estimatesfor purposes ofimmigration, which was carried, and that £1,500 he authorised for general contingencies, which rhe Council negatived. He then moved that £SOO additional be voted for repairs on the Great North Road. Motion agreed to £IOO having been agreed to for the Rifle Volunteers, the Speaker resumed the Chair and reported progress; report to be considered next sitting day. CITY AND HARBOUR TRUSTS. Mr. CARLETON moved that the report of the City and Harbour Trusts Committee be considered. If the report were adopted, he would move that the present City and Harbour Trusts Committee be appointed a Commission to take evidence during the recess; their report would be laid before the next Session of the Council, when a Committee then to he appointed could take up that report as reliable data for their future guidance. Mr. ROWE would like such a Committee to be a large one, so as to avoid everything like party feeling. The report of the Committee having been adopted, Mr. CARLETON submitted the motion he had referred to, with the addition of the names of Messrs. Pollen, J. O’Neill and Rowe, which the Council passed. Council adjourned till Monday, the I4th.

MONDAY, APRIL I 4th. Mr. KING brought up the repord of the Destitute Relief Committee, which was adopted with amendments. The report of the Land Regulations Committee was brought up by Mr. May. On the clause relative to the proposed shorter term of three years being substituted for that of five having been read, Mr. Busby moved as an amendment, that the term be reduced to one year. This not meeting the views of the Council, an araendmend fixing the time at two years was proposed by Mr. Lynch. Mr. A. O’Neill objected to the shortening, in any degree, the term of five years. Dr. Pollen thought that the lag end of the session was not an advisable time to hurry over so important a question as the land regulations. Mr. Wynn regretted that this subject should have come before the Council so late in the session and in so thin a house. His opinion went so far as to advise the grant of the land as soon as possible to an immigrant. Mr. Rowe thought that three years was not too long a time, and that any shorter period would only tend to do away with the objects for which those land regulations were introduced. The power to mortgage was, he thought, a very doubtful benefit, as many knew too well. The evidence itself taken before the Committee pointed to the term of three years as the most suitable. Mr. Lynch’s amendment for two years was then put and lost on a division of 11 to 13. The original motion for three years was then put and carried The remaining portions of the report were passed seriatim, without any important amendment except one, stating that a person acquainted with the district in which lie resides should be authorised by Government to point out their allotments to immigrants looking for the same, at the expense of the immigrant himself, and the report as adopted was ordered to be forwarded to the Superintendent The Industrial School Bill was read a second time. The report of Commitce on the Gaol, Hospital, and Asylum was then taken into consideration, and after a few remarks from Mr. Wynn, was adopted. During the afternoon’s debate a message was received from the Superintendent, enclosing a letter from Mr. Baber, stating that the expense of putting the Queen-street Wharf into a thorough state of repair in consequence of the late gale, would amount to a sum of £440. Dr. Pollen moved that this question be taken into consideration during the discussion of the Appropriation Bill, which was agreed to. Mr. CARLETON then moved, by way of amendment, on Message 134 being considered, “That this Council hereby record their disapprobation of the terms in which the Attorney-General’s proposition is made. That the expressed intentions of proposing to the General Assembly to sanction provincial expenditure of the nature described, bringing the amount to account as a local charge against the revenue of the Province, in the event of the Provincial Council declining to make the required provision by loan, can only be construed as a threat, and is an unwarrantable interference with the undoubted right of the Council to control such provincial expenditure, and to decide whether the revenue shall be further burdened with debt; and that the letter ought to be referred back fbr amendment before becoming a record of the Council. But that, in consideration of the advanced state of the session, and the general desire to bring it to a close, the Council will waive their objection to the terms in which the Attorney General’s communication is made,” and proceeded to give the Council the benefit of his remarks, calling upon members to join in condemnation of the tone of the Attorney-General’s comminution.

Dr. POLLEN replied that no intention of using a threat ever entered into the mind of the gentleman who wrote the letter complained of. Mr. WYNN thought that the communication might, from carelessness in its construction, bear the interpretation of a threat, although no such intention was designed; and from assurance he had received, believed that no idea of using offensive language had been entertained by the writer, and trusted that the member for Newton would withdraw the resolution, which was far too strongly expressed, and not cause the House to do that ungraciously which the Council was prepared evidently to do. On second thoughts ho looked at it as a concession rather than as a threat. Mr. CARLEToN would not withdraw the amendment. He had nothing to do with the intention of the party who wrote the letter. Mr. J. O’NEILL saw no threat in the letter, and thought the Council ought rather to be thankful than otherwise to the General Government, considering the dilapidated state of the public buildings. The money would, he contended, be obtained on easier terms by working harmoniously with the other Government. Dr. POLLEN, to show the good feeling of the General Government, referred to the £SOOO voted for the erection of a custom house, which might, to the great inconvenience of the province, have been stopped from the surplus revenue had the General Government entertained the arbitrary feeling alleged against them. Mr. ROWE objected to the resolution as affirming the fallacy that only construction could be put upon the tone of the letter. Even if it were a threat it was likely to be a very beneficial one to the Province. The member for Newton, Mr. Carleton, had tabled resolutions enough during this session, and it was at least ungracious in him, for the sake of gratify ing this propensity of his, to endeavour to place this Council in a state of antagonism with the General Government.

Mr. LYNCH didn’t care whether the question was the original motion, the amendment, or a resolution, he would vote with Mr. Carleton. Mr. BALL thought the Council was indebted to the General Government in that they had invited the Pro vincial Government to undertake the charge of work which they (the General Government) might have done in spite of them. The question then went to a division, when there were for the amendment, 15: Ayes—Messrs. Sheehan, Harrop, McGhee, Skyrmc, Lynch, Foley, A. O'Neill, Busby, Rattray, May, Daldy, Carleton, Melvin, George, Stewart. Against it, 8: — Noes—Messrs. Pollen, Ball, Wynn, J. O’Neill, Ross, Rowe, Cadman, Skeen. Mr. FOLEY then moved that his Honor be requested to send down a Bill to raise a loan of £50,000. Mr. DALDY deprecated taking this step until the Executive stated whether they would recommend such a step, Mr. BUSBY would be willing to consider this motion -with an amendment that this Council would be willing to take this step when specific details of the building to be erected were sent down. Mr. WYNN referred to the terms of the Colonial Treasurer’s letter, that they would only sanction a loan if in the Bill for raising the money a specific appropriation is provided. The feeling of hostility with which this message had been received was enough to induce the General Government no longer to invite their co-operation in the matter; the question had been met in anything but in the cordial manner tvhich it merited. Dr. POLLEN: The opinion of the head of the Executive was not the question before the Council. The Superintendent had invited an expression of opinion from the Council, not from him. Mr. CARLETON stated he wished to have driven the Executive into one corner or the other—he had no alternative now but to move the amendment standing in his name—Mr. Foley he trusted would withdraw his motion. (Cries of No, no.) Well, the motion of Mr, Foley hud never been put to the house. [The Chairman : Yes.] [Laughter and ironical cheery from members generally,)

Mr. Carleton then moved his own motion, “ That all provisions for the building of the Public Offices referred to in the enclosure to Message No 134, ought to be embodied in an Act of the Provincial Legislature, in order to obviate unnecessary interference on the part ol the General Government; that the choice of plans and all other matters connected with the erection of such buildings, whether of a financial or architectural character, be remitted to Commissioners to be named in the Act, who shall also be constituted trustees of the loan fund; and that the Superintendent be requested to send down a Bill for the purpose, containing also the necessary provisions for raising a sufficient sum for that purpose,” as an amendment to Mr. Foley’s ; he could not trust the Superintendent with the expenditure of this money.

Mr. ROWE was sorry to say it; but he now saw that the public welfare must in all cases give way with Mr. Carleton to personal feelings; certainly no Superintendent who had respect for himself would send down a Bill based upon a principle so degrading to himself. Mr. CADMAN felt sure he knew the Superintendent too well to believe for a moment that he would submit to such an insult. The slur which they had endeavoured to throw upon the Superintendent by attempting to take the management of this affair out of his hands, he (Mr. Cadman) could only say was of a piece with their past conduct. Every influence had been brought to hear and every means resorted to, to obtain a majority to the motion petitioning for the removal of the Superintendent, but the verdict of the country had been given in the Superintendent’s favor by the people themselves, who had, in spite of the most strenuous opposition on the part of a certain clique lately returned Dr. Pollen to the Council.

Dr. POLLEN had hoped that the vendetta was over, that the opposition having exerted all their strength in shooting their holt and having failed to reach their mark would have come to a better feeling. [Mr. George, Never!] He had hoped that at least they had found something upon which they could agree in the question before the Committee. The necessity for the erection i f certain public buildings is universally admitted, the Council by the adoption of the report of the Committee of the Gaol, Hospital, and Lunatic Asylum pledged itself to make provision for certain works, the works specified by the General Government are admitted to be necessary, the question now is who shall carry them out. The Council is invited to declare that the Superintendent cannot be trusted to carry them out, hut that a meddling Commission shall be appointed to spend the money. If the Council, with its Audit Act, with the stringent provisions introduced into the Appropriation Act, cannot bind an officer responsible to them, how do members expect that they can bind a Board who can have no responsibility. If the Council have made up their minds that these public works shall not be carried on, the way to effect it is to pass the amendment of the lion, member for Newton. It was, and was intended to be, nothing less or more than a deliberate and studied insult. The following resolution by way of amendment was then moved by Dr. Pollen, and lost, the votes on division being Ayes 6, Noes 14; “ That this Council will make provision by loan for the cost of the works specified in the the letter of the Hon. the Colonial Secretary, transmitted with the message now under consideration, as well as for the cost of such of the buildings specified in the report of the Gaol, Stockade, Hospital and Lunatic Asylum Committee, as may be deicrmined to be required.” Mr. Carleton’s amendment was then put and carried; Ayes, 6; Noes, 14.