AUCKLAND PROVINCIAL COUNCIL.

New Zealand Herald, Volume V, Issue 1313, 31 January 1868, Page 3

AUCKLAND PROVINCIAL COUNCIL.

THURSDAY, JANUARY 30. T 1 e Speaker took thß chair at 3 o'clock. Present.—Messrs. Gilfillan, Wynn, Buckland, Farmer, Webster, Dncre, Slieehan, Ball, Nicholson, Cooper. "Maclean, Swan3on, Alacready, Frazer Kerr. , The minutes of the previous sitti&g were read and confirmed. There were no petitions. DISEASED CATTLB ACT. Mr. Ball asked the Provinci-.l Secretary whether there are any restrictions in foren affecting the exportation of cattle, to tho Kotth of fhe Province under tho provisions of the lHseneed Cotlle Act. The Provincial Sfcketaiiy whs not aware of any reetrictiona beinjr in force. SX'PKBINTENDENt's BAI.ABY ACT. Mr. Eucki.aki) asked whether it whs the intention of the Government to bring down a bill to repeal the Superintendent's Salary Act. 'Hie Provincial (jecueiauy said ho would be obliged if the hon. gentloman would giro notice of his question. riIOVINCIAI, XCCAIi GOVEKKMENT. Mr. T)ayv moved, That this Council, whilst recognising tho necessity of ft change in the form of Government existing in the Province of Auckland, is of opinion that no change should be marie which [ will deprive this Council of its right to legislate for the locnl Government of the Province. Ho said that the Council appeared to be divided into three parties, the ultra-provincialists, who saw nothing but good in Provincial Institutions; the ultra centralists, who saw nothing hut evil in them; and the moderate Provinciolistß or leformere. He believed that the Provincial Council had acquired powers which they ought never to have possessed. Oiw of the erils of provincial institutions was tho elective superintendency. Popular elections for the office mu.t degenerato to nothing better than t!io consumption of beer and baccy. Hβ thorght thnt vise Province ought to retain those powem which it po=Beßaed, which were the capital that would enable it to go on with its business. I _ Mr. Ball moved the following aaiondment to insert tho following words: " That any change should confer the powers of local Government upon district boards." The amendment was not seconded and lapsed. Mr. Buceland moved the following amendment, viz., "That any changes should bo in tho direction of localising self-government." He believed that the highest leirnl opinion had determined that a Provincial Council had no power to create other council. In fnct the Provincial Council bad no power to create power outside itself. He did not heliove that the Council could create boroughs or highway boards. Any powers of the kind granted would c«ase after thn mooting of the General Assembly. If the Council had powor itself to levy a rate they h:id no power to bestow such powers upon others. Every one of the judges were of thot opinion. Mr. AVynn : No. (Cries of no, no.) Captain Fbazeb : The question wns decided by a bare majority.

Mr. lit'<• :j,ANr. But the decision hsvving been r.r- ---■ vivoc i'.t. ') i cc .:*-; in : . o'c 'or ;; ;rec"'-..tr it which : at. coun: -r to it. The hon. member i\.i Monj-juui Ima wandrsed away from the subject, and brought tho houce away from the consideration of it. He (Mr. Bucklnnd) wished that each district should have the power to make laws for its own Government, but that power could not beconferred by Provincialism. Indeed the Provincial system was the very essence of centralization. He wanted to see every man acknowledging and possessing a direct interest in the control of his afTiirs. Ho would like to see the Government denuded of powers, and these powers given to the districts. Mr. Wtmt supported tho original resolution. He disagreed with what the lion, gentleman (Mr. Buckland) had stated with respect to the interpretation c.f the law. It wae only requisite to look at the letter of the law with common sense for the purpose of interpreting ifc. The Conatitutirn Act created the Provincial Council, and the intention plainly was that powers for the regulation and good order of the province should be given, mating certain exception* which were definite. In regulating all matters which was not repugnant to the law of England, the fullest and amplest power was given—a; full and ample as those given to the General Assembly, save and except that we must not enact laws iepugnant to theirs. By tbe 18th clause of the Constitution Act the powor and tho exceptions appeared, and tha 67th clause further confirmed that view of the caeti. He (Mr. Wyun) had not expected that the financial question would be renewed. Where was the newborn economy of tho lion, member of the Bay of Islands when he received £400 a-year as chairman of committees, £100 for the honornrium, and drew hi? ralarr from tbo province while he was absent— in all £750 si-year. When there was a large tneieure nf economy proposed, tht? hoa. cserabor f«- Jf ewto (Mr. Creightor.} opposed it. Aβ to centralization, whst- wss one centralisation to many systems of centralization by which different laws would bo mado for different parts of the province, but the effect of which would be that a man going from one part of the province would not know what tbe law was, and the whole thing would become a mass of confusion. Mr. Keub iaid he had listened to the hon. member for JiagUn (Mr. Buckland) and he agreed with that hon. member that the Council had no power to confer tajing powers. But it was plain the Provincial Council had not the powers insisted upon; if there was a municipal corporation wanted, a railway bill, and other things of the kind, they were obligod to go to the General Assembly for it. To those who cried out being handed over to Stafford and Wellington : Wellington was a small village, the representatives of Auckland were component parts of tho General Assembly, and made their influence tell when occusion required. The greet -want of tho country was local self-government, and he believed it would pass next session. The Timaru and Gladstone Bill, the Westland County Bill, having passed the Assembly, did in detail what it was prevented doing: by the ministerial measure. Dr. Nicholson said that there was no argument adduced either by the mover or the Law Officer which sustained the views he endeavoured to put before the Council. He did not see any reason that might be urged in favour of Provincial Governments that did not equally apply to supj.■.-t '.he eetr.blinhmont of local boariic-. Capt. Coopeb said that no one would i any that re-TLa was wanted. He was sorry to observe that the hon. member for the Bay was not present, but had gone away, and would attempt to ehow that he had carried his point. But tho question was not decided. It, rw evident thr.fc -.he member to v ihi Br.y hud not i\ir i'-ureut of the pr«vs«o9 r.i hv.xK wliu-i Jμ fladet • I voured to got the ii 25,000 'o come ft" 3i ex,- ' p-eded on the Kailwny I'"-Onehunga. Ms , , i.ffl'.r repiiod. K- , considered that while i'ie is-'-.n •>! i'no province w-is nearly as sk Saotland not ont-fifth was in the handa of Bvrapeans that wou>d come under the Local Government Act. OThere was a great difference between file character of the land and the configuration of the country in either colony. Auckland was as far from Wellington practically as she was from Sydney. Wide wildernesflea of land lay between the towns of this colony, and were in the hands of natives. Motion put, the Council divided: Ayes, 11—-Messrs. Gilfillan, Dignan, Wynn, Davy, Swaueon, Dacre, Webster, Sheehan, Cooper, Maclean, Newman. Noes, 9 —Messrs. Buckland,. Nicholson, Creighton, Kerr, Macready, Clarke, Farmer, Ball, Peacock. The motion wes carried by a majority of two volee. PETITIONS BEFERBED. ; !he petition of Stanley Brootee was reief'A to the Peti! 4 Committee, aleo the petition of Mrs. Uataon. 3BPOP.T. On the motion of Mr. Fakmeb, Interim Report No. 4 of the Petitions Committee was adopted. CITY KATBD. Adjourned debate on the question, That -with a view to the diminution of the city rates, all license fees levied within the precinots of the city of Auckland ought to be paid orer to the use of the City Board. The debate vrai not renewed. The question was put and aegatived on the voices. BUPPI.Y. The Council resolved itself into a Committee of Supply, Mr. Farmer in the chair. Item: Provincial Solicitor; £200 for the half year. ' Amendment moved by Mr. Cbeighton, that the item be reduced by £175. Amendment moved by Mr. Wws, that the item should be expunged. The Provincial Secretary reiterated the statement that the salary proposed would cover all the legal advioe that wonld be required.

Dr. Nicholson thought to offer £50 a year for such an office was the nearest thing to an insult. Mr. Ball said he would not in any case Tote for a higher sum than £100 for the half year. " Mr. DieNAif explained that the salary did not of cou'ae cover court fees. Captain Cooper proposed that the item should he £150 for the half-year. Mr. SwanSON thought that giving a sum of £4GO a year for the advice of the Law Officer, to include drawine bille and pus-ing them through the Council, would he interfering with the independence of the person appointed to the office. Mr. Cueighton aeked what would he the caia if the incumhent officer ehould see fit to retire from the government; the arrangement would not hind another lawyer. Sar. Kewman said that the fees connected with the office were accumulating, and the office would he itself highly remunerative in a very ehcrt time, nnd would he nought as having considerable orooiurnenta attached to it. Mr. Maclean would support the motion that the item i-hould be £150 for the half year. Question put—thst thn item bo reduced by £175. Counc 1 divided—Ayes, 4; noes, 14. Question—That the item he reduced by £,100. Mr. Wym,- explained that he undertook to dj the work of the Government for whatever salary might be voted by the Council, provided it wer* one that, eonsideiing his position iu the profession, ho would be able to accept. (Hear.) The motion waa negatived. Motion —That the salary of the Provincial Solicitor for the half-year he £150. The motion was carried. Acoauntant, £150. Carried. Clerlr, £100. Mr. Cheighton moved, Thut the committee should recommend that clerk and librarian should be/ employed during the recess, and so save £100. / The . Provincial Bf.cuetakt said t-e intention was to employ the clerk and librarian in the WasteLauds Office. Mr. Geaham thought the item should be etruck out, as th > Clerk of Council together with the Clerk of Kecordg, would bo sufficient clerical assistance in the Puperintendont's office. Mr. I/ioNAN asked whether the Council m not assuming the functions of the Kxecutive, in telling the Executive who 6hall fill particular officss. Mr. 'Wynn considered the Council waa exceeding its power in saying who should bts appointed by the Superintendent for particular services, for it was the oxecutiro which was responsible in the event of malversation of office. The Government accepted the moiion of .Mr. Creiuhtjn. Question put—Clerlr, £100. The Council divided—Ayes, 5 ; noes, 11. The item was negatived. Clerk of Kecordo, £100. Agreed to. Messenger?, £31. LEGI3LATIVE —PROVINCIAL COUHOIL, Speaker, £150. Air. Newman moved, That the item he reduced £50. Captain Cooper moved that the sum ho £100 for the hnlf-year. 2::. Hkwhan'.- amendment w j .rgitived. Captniii Qooi:t.n's amendment ■was agreed to. Clerk and Librarian, £125. —Agreed to. ■sleßsenger, £50.— Agreed to. Contingencies, printing, Ac, .£loo.—Agreed to. Progress was reported, and the resolution of Mr. Creight-jn, recommending that the Clerk and Librarian should be employed in the Superintendent's Office, was reported to the Speaker, and agreed to. The Council adjourned at a quarter to eight o'clock, until three o'clock to-morrow (this day).