PROVINCIAL COUNCIL.

Otago Daily Times, Issue 4174, 5 July 1875, Page 6

PROVINCIAL COUNCIL.

The following is ti condensed account lfci the business done by the Provincial 'Council of tho Province of Otago in yearly session assembled, since the de future of onr last monthly summary by the outgoing June Suez mail :—

THE LATE HOME AGENT, On a motion by Mr Reid-" That the Provincial Council, having heard with deep sorrow and regret of tho death of John Auld, Esq., desire to express its nn feigned sympathy with his afflicted family under their severe bereavement. Mr j&uld's death is viewed by the Council »s a public loss, and it desires to record its deep sense of the value of his long and ■faithfully discharged labours in the ser vice of the Province as its British &ge;it. That a respectful address be presented to Mis Honour the Superintendent, requesting him to convey the above resolution to the family of the late Mr Auld." Mr M llashan thought he was the only ranonnl riend of the 1-ito Mr Auld in that Council. He had known the deceased ■gentleman from boyhood, and found him •a painstaking and thorough business man, thoroughly honourable in every department of business. The mot-ion was agreed to ncm. con. PLANTING SIDES OF RAILWAY LINES. This is an idea which has been often advocated in tho various and in ■*he Provincial Council Mr G. i*. O. Browne made an effort to give it practical effect by moving-" That in the opinion of this Council all suitable land along those railway lines which come under the control of the Provincial Government should be planted with forest trees, and that the Government be requested, during the recess, to caive enquiries to be made *rith regard to expense, &c, with tho view of placing a sufficient sum on tno next year's Estimates to carry out this resolution." . Mr Reid thought the planting of the Sides of the lines was a fallacious idea. The lines were generally only a chain in width ; in forest country they had actually to cue the bush away to the extent x>i two chains to let in the sun Jf tho lines were planted on the southerly sides the sun \sowld be shut out, and the Sleepers would decay. If on the north side, the winds would blow the. branches on the lines. No doubt it would for a while have a pretty effect, but the work would have these objections.—Mr \yood -pointed out that trees grown in a single line would, for timber purposes, be ot little use, being exposed to the wind. The timber on the outside of a forest was generally of little use.-Mr_ Browne suggested that the reserves might bo planted. —The motion was lost on a division. * THE PT/KCHASE OF PRIVATE BKIUQES, Was a proposal that caused some discussion Bridges have been erected in various parts of the Province by private j •enterprise, the owners being allowed.to tsbarga rates of toll, fixed by Government The motion was that the Provincial Government purchase the several bridges erectud under Provincial Government conditions out of any loan or advance obtained from the General Government, and that the tolls on such bridges 4>e reduced to a limit sufficient for interest for a sinking fund and for maintenance of the bridges. It .appeared that some of these works were bringing in very good returns. The opinion wad expressed that it would be very injurious -to discourage private enterprise m this direction, while there were so many places on rivers in the Province requiring lo be bridged. The motion was negatived. °THI3 OOLDI'IELDfi DEPARTMENT. MrDe Lautonr moved—"That in the opinion of this Council it is not advisable that the official department m connection lyith .gold&elds should be outside Dunedin " The reasons assigned for moving this motion were that the department of goldfields was carried on at (the most central town on tho goldlioids), whereas it was considered it should be, like the other departments, at Dnneam, the capital of the Province ; and that the Secretary for Goldfields, instead of living in a goldfields town, should reside JnDunedin and attend Executive meetings. While many members gave the proposal a conscientious support on what they conceived to be its merits, it was -evident, that the feeling actuating t:K.ae who took a leading part in the in it tor was that of a personal oho against the Secretary for Gol.lfU-Ida-and that while the motion was nominally directed at his department it was really aimed aft hnsjself. The move took .that form,.as it. was considered that ibo Secretary cud not attend to ha business at Cromwell, and at the same time live m Duiiwln^ 'The motion was carried by a majority oi two The debate was one of a class that does not add to the lustra of Provincial legislatures. DEFHUSED PAYMENTS AP.EA. The amount of laud that can bo. disposed of under the system of deturrud payments is 30,000 acres annually, and Che Council agreed to recommend tht Colonial Legislature that the area bo in creased to an extent of 100,000 acruapei annum. The system, on the hnutet scale on which it was tried, has so fai been a great success, and tenas consider ably to accomplish the settlement of tin country. Burins: the session of tiii Council the fullest advantage has beet taken of the provisions for setting awdi land for settlement under this system. PROSPECTING FOR DEEP LEADS. The Council, among other steps for en couraging the gold mining industry ha resolved that £LOOO be placed on th Supplementary Estimates, to bo applio* in subsidising (at the rate of £1 for £1 companies formed to prospect for dec leads of gold, under such conditions a may by from time to time approved of b the Government ; to be paid a extent and under such conditions as ma bs from time to time deemed advisabl iby the Government. ENDOWMENTS FOR EDUCATIONAL IXSTITUTES. Mr Reid moved—" That a respectfi address be presented to His Honour th Superintendent, requesting him to s< aside and reserve, as an Endowment t< Educational Institutions, the lands ht?r< inafter described, that is to say—Schedu |> ar t ~f the proposed education endowment of 500,000 acre;'." There is no o caaion to give the schedule in detail, hi it may be mentioned that the aggrega area of the lands included m it 461 037 sveres, which at present -brings : a rental, in the way of assessment « stock depastured thereon, of £5039 la ' per annum. The resolution was agreed t BRANCH RAILWAYS. Lurce sums bavo been- voted for t construction of msmoion-s branch lines railway out of the ordinary Proviue reVoowe, or from a loan to be obrayi from the Colonial Governm*-ir. 1 opinion was strongly expressed by »>i that it was a " r^yw " to vote away t\v ■Unit could not bo obtained; vri.uu ivas auggosted, on the other hai thit all the amounts voted wo; not require to be expended in ono ye and that the works would extend over t or three years. There was a wholes jshuv-iiter of innocents in the w»y oi iecti^c m -tioi.s .for the constinotion Taiious liiit-s. Pcaides tho lines tek«i hand by the G..ven.mrrit, OiV.;u:v« havo al-o beeu passed for the const i tiou of biaixli liuws by private coin)ai.; TJJE KOCTHI-ASf) KAILWAY W>STI! MJT: The Oounuittou !V}>i»'»>t*"d t<> «■••['" into the circumstances conn, ckd witli *urryii.g out of tho b..«U.b»iitl rail* contracts brought np the toUovmy .r,,,rt —" Your Comniittt-e having tm a" mat deal of evidence, and given matter referred to their very serious c Bideration, have come to tho follow conclusion, namely :_ That, .»w««K^

in-rs and differences have arisen between the Engineer in charge of the works and the contractor, which, with more carefully prepared speciacations, might have been avoided. Under call tho circumstances, y.>nr Committee are of opinion that the whole matter should be left in the hands of the Government."—Mr M'Dtrmid who broneht up the report, moved that the Committee be discharged.—Mr Keicl expressed a hope that the evidence attached to the report would not be published. It would be unjust to do so, becauso reflections would be cast upon otlicars in tho employ of the Government who would have no opportunity of defendin/ themselves.—Mr Reeves regretted that the Committee had brought up such a report, as the first part of it cast a distinct reflection upon the Engineering Denartment. Jf it was not so late in the session, ho would move that the report be referred back to the Committee. — Mr M-Dei-mid replied, stating that he dissented from the report, on the ground that it wa3 not what the evidence would bear on1. He considered there was evidence to show, not what the report j-tdted—-that the specifications were incorrect—but that there had been a very great want of management on the part ot the supervising engineer. He did not 'cnour with the report, because it reHccted on an officer on whom reflection should not, be cast, and left an officer untouched who, in his opinion, should havo been reflected on. He said this with very great reluctance, but, at the same time, lie must say that the supervision had been bad, or the Government had been bad.—(Mixed cheers and laughter.) —The motion that the Committee be discharged was agreed to.—The way in which tli is matter has been dealt with has evoked strong expressions of public opinion, the action taken being regarded as virtually tantamount to a vote of censure upon an officer for doing his duty, and as- beim* generally injurious to the efficiency of the department, not only on the ground of not supporting officer?, but also as a positive encouragement to officers to overlook breaches of specifications.

POLLUTION OF RIVERS BY MINING, AND gr PIIE3KKVATION OF KIVEK. ISA..VKS. V The subject of Ripwian rights gene- m rally is one that has assumed a very com- m plicated nature in this Colony, and has g: «iven rise to much litigation. Run- o. 1 holders, for instance, have difficulties with bi: miners for water made useless for wool- tli wiislnng pnrposes, and fellmougers with m the owners of freehold land. 'J'he discus- H sum which took place in the Council on tc tho subject of the pollution of rivers by mmm", and the preservation of river w banks, arose upon a motion by Mr De es Liuiteur—"That a respectful address be ni presented to His Honour the Super- 1 uitindent, requesting that ho will take «" such" steps as may seem to him necessary w to obtain the introduction of a Bill during * the ensuing session of the Assembly, « dealing with the pollution of rivers by « •roid minors and others, and providing 0 (inter alia.) for mining on Crown lands, t though such mining may foul streams and p riveis. lv doing so, Mr DeLautourex- » plained that certain legal proceedings c< bearing on this question, which for a lung 1 time had been m suspension, had lately P bten decided to a certain extent; but the o question of the general right of polluting - nvi-rs was quite as indefinite as before s< the case he referred to was decided in the t Appeal Court. It had been pointed out g long a»o by Goldfiolds Judges that the « (JoUlnekls Act of 18bT> was defective to t: this extent: That while it gave a c-rtain v ri'ht to construct races am divert water from rivers, yet it failed altogether to i provide fur the use of such water when i diveita.-. Water was bound to tind its c lower level, aud when it returned to the I main stream, after being diverted, it was J i>f necessity charged with dobna. He i mi-Hit state that the motion was not penned by himself, but ia accordance i with the best legal advice that conld be } obtained in the interests of the goldfieWs. i j\ir Armstrong seconded the motion, < which was agreed to.—Mr DoLiitonr s thou moved the following additional mo- \ lion •--" And that, in all future sales of s land, the banks of rivers and streams be t reserved from sale ; or, if sold, that the , purchasers have only limited privileges, j and no right to object to the streams or \ rive; s being fouled by necessary » imng , operations." He thought if the Council < could see its way to pass such a rocom- - mendatioii, it would entirely remove , litigation which might otherwiso spring npiuthe future. He did not think the adoption of such a course would alfoct tae ( v.-ilue of land in the Province. Mr Arm- ; strong seconded the motion, which, att«r v short discussion, was agreed to, m the following amended form :—'; And that, in all future sales of. land, the banks of rivera be reserved from sale.'' TKB EDUCATION BILL. Tt may be explained that the education sy&tem of this Province is wholly suo-p-rted by Provincial revenue, either votes of the Council or revenue from laud set aside for educational endowments, and als >by school fees. There is u.i direct rating or taxation for education, dwu"h i" some districts subscriptions ' !iave°lwtn collected for new schools. iv moving the second reading of the kjincation Bill, Mr Stout said this I>ll had ' boon wholly misunderstood. It only ' -rave penoisbivo power to those districts which desired to rate themselves. It did not override the wishes of the majority—if there was a majority in any district that did not require raring, the ' provisions of the Bill could not be en--5 forced He knew some members were 3 opposed to this Bill because they deI sired to see education purely secular, and ) believing our system was not sufficiently P secular, they objected to any rating. He 3 sympathised to some uxreut with those y objectors, because lie was strongly in II favour of the purely secular principle, but y he would point out that this Bill did not 0 create any new liability, but merely removed the liability from indirect t> direct taxation. There was an-ther class with whose opposition he had no symil pathy. Those were the representatives c of large landed proprietors, who did not it like the land to be touched with so much ir as a little finger, and would not cmsent '- to any tax upon the land. But the r;itie in» of the land, he was convinced, would 1- prove tl.e true remedy for monopoly. 2- Some members might oppose this Bill it because they thought that a tax would be bi unpopular. But if their education sysis tern was to be kept up they must have n direct taxation. It was required in »> Canterbury, Nelson, Wellington, and L! Auckland ; in fact, they would find dio riiet taxation existing wherever there was nn efficient system of education. The levying of direct taxation was the only Vf means of conserving the lands of the Pro°j viisce, as otherwise they must be sold to tl meet iho <3em >nds upon the revenue. A . rat* must be levied some time or other, "U a:id if this Bill were thrown out it would "' only be putting t.ff the evil day. By "•? passing this Bill they would be educating f ' tins people up to the point of taxing i' themselves for education. It was rusolved by 1G votes against 5, that the ,'J' Bill be read "this day six mouths," 'V' which amounts to its rejection. ,'c" PETITION OF MRS HAWTHORNE. of Mr l>river presented a petition from in Mrs S Hawthomo, to the following effeet --Th.it Mr KUmt Hawthorne, the iic- Iftte Hector of the High School, had tc >y. 'r&vjii his office in October, 1874, froir «. ciiuim-jtauces over which he ha-1 no c »n----lie tn,!. owing to an alteration i» tho regiv [he Ltions ivktiug to the admission of puoils ; ,y t.» the 3cli> f, uiauy boys, who woulit- cnht-i-wisß have been eligible, wen; re it .ii iei:K-d. That, theiiitiubt-r of pu[ila wa: Oe -not so large as when he applied for tin ,-,n- office of rector, as he was led to believe, iuo- eonsequcPtly the pttitioner's salary wai de° not so la.-!ie as it should have been. Tha nd- the petitioner received compensation 11

specb of certain improvements effecteci pri r him in and about tho Rectory and the i<rh School buildings, and only one son w's salary for loss of office. The poti- oul oner submits that, considering tho cur- pn instances under which the late Stuart cor awthorne was appointed, the manner m mil hich he discharged his duties, and the pr< S3 his resignation entailed on his. widow It id family, she is justly entitled to fair we id reasonable compensation btyond.what in 10. late Mr Hawthorne had received, sul 1 doing so, he (Mr Driver) said that, as pai iany honourable members were doubt- joe ss aware, Mr Hawthorne had been dan- ftp; jrously ill for a long time, and his sid lends were desirous of inducing him to ov gn a petition to the Council. On no coi jcasion, however, since the Council ay Go jmbled was he in a condition to sign his thi aine, and on Wednesday he died. It as with the greatest difficulty that Mrs lawthorne wa3 induced to sign the peti- j 8 on, and it was only in compliance with tll , le earnest solicitations of her Mentis r , lat she consented to sign the present th , etition in time to be presented before be ie session closed. He had no doubt the H , ouncil would favourably consider the vi( etition, and everyone must admit that igt Ir Hawthorne had been a most earnest pc lan in the discharge of his duties. Mr fell lawthorne was a most sensitive man, and th c had no hesitation in saying that the ba ircumstances connected with his re.-dgna- jj, ion] had been the cause of his death. be 'ho Select Committee oa Private Peti- tn tons, subsequently repotted, after taking V£ vidence, that it was of opinion that the tl) ite Mr Hawthorne's claims for compensa- q ( ion for outlay on .Rectory, loss of office, tll nd other matters, have been liberally f a Lealt with by the Government, yet, at j ho same time, taking all the circum- T tances connected with his resignation, h , llnfiss, and death, into consideration, the ci Committee would recommend that the ni nm of £250 be paid to the petitioner, re Urs Hawthorne. The Council after- k yards voted the sum of £250, in accord- tt ince with the recommendation of the w Committee. w THE GOLUFIELDS OF OTAGO. A Mr Ulrich, an eminent authority on rr »old field matters, was brought over from w Victoria to this Province by the Govern- w nent of Otago some months ago, and a made a very exhaustive report on tho o of the Province. The Council h in this subject resolvtd—" That it is de- o sirable to circulate Mr Ulrich's report on v the goldtields of Otago, in the various y mining centres in Victoria ; and that His h Honour the Superintendent be requested o to give effect to this resolution " a On the Government being asked p whether there was any intention to ]j establish a practical department in con- jj nection with the mines of the Province o The answer was that of course a careful i inrmiry would bs made in connection tl with the whole affair before a School of o Mines was established It was possible \: the Government might see its way to es- a tablish a school wholly supported by the a Government, or in the same way as at j. Bullarat and elsewhere, namely, sup l ported partly by the Government,, partly g by subscriptions, donations, and fees re- t ceived from those attending the' school, f The school, if established, would hi s placed under the ablest man that could be found, with classes of the usual kind —mathematical, mining, surveying, and ( so on. The school would be in a position t to give certificates such as wero usually £ given by such schools ; and if the school } was appreciated by the miners, the cer- ( titicatcs would be found of considerable , value to those who obtained them. Mr Wilson moved—"That tho sum of , £500 be placed on the Supplementary j Estimates as a reward for the discovery of a payable goldfield in the Province of 1 Otago, westward of tho Waiau river. Agreed to." THE PROPOSED AEOLITION OF THE TOO- . VINCES Was a subject brought under discussion • byMrManders moving—"lst. That, in in the opinion of this Council, it is undesirable that any organic change in the system of Government should be made by the General Assembly without first submitting any such proposed change to the electors of the Colony at a general election of representatives. 2nd. That, in the event of the foregoing resolution being earned, a copy of the same be forwarded to tho Hon. the Colonial Secretary." After considerable discussion, and after various amendments had been put, the motion was carried. THE KABBIT NUISANCE came in this session for a considerable amount of attention. The Committee appointed on the subject reported having " sat seven times, and taken a, muss of evidence of a valuable nature, all of which testifies to the ruinous damage done through the ravages of the rabbit. They arrive at the following conclusions :—l. That the evil may be kepi; down or within a limit by repressive action. 2. That such action cannot be organised in an effective manner without'legislative authority, and that such legislation mi^ht be based upon suggestions which they gave at length. 3. That the evidence taken shows that the landed esUte of tho Province under lease to the pastoral tenants is becoming much depreciated in valne wherever rabbits are found to exist, and that such depreciation in value of the public lands being a matter fraught with serious consequences, is therefore one demanding the earnest and immediate consideration of the Council." The discussion and report did not, however, lead to any practical effect, a motion that £1000 be voted in the way of bonuses for the destruction of rabbits in the Province being lost on a division. HOU.SE AOCTOJiiODATION FOR EMPLOYES. ■IMr Stout: moved—" That a respectful address be presented to His Honour the Superintendent, requesting him to urge the Colonial Government to pas.s an Act in the General Assembly fur compelling farmera, pastoral and agricultural, to provide sufficient and proper hnmse accommodation for their employes." Mr Moody moved, as an amendment, the insertion of the words " and other

empoyers of labour" after the word •'agricultural." The amendment was accepted .-by Mr Slout. ■ The motion, as amended, wan negatived on a division, by 14 aotes against 10.

DUNEDIN AND PENIVSULA AND OOEAK ■ BEACH KAILWAY BILL. Mr Reid, in moving the second reading of the Dunedin and Peninsula and Ocean Beach Railway Bill, explained that the Bill was brought in with the view of placing the Company in a position to con 1 struct a line of railway to the Ocean ! Beach. The Government thought it de- ' sirable, in any case where railways were ■ to be formed, and where people had no > objection to the routs the line was to take. ' that they would only be doing their duty >as members elected-to represent the true 1 iuterests of the Province-namely, to ■' promote its ad* anccmeiit with the nio^t i economical means of the district—that i they were only giving expression to the * views of this Council when assisting the B Company on reasonable terms to secure ' this line. They had an area of land which had been lying waste for a quarter of a "century, and fur which they would n have been glad for any person to have c- made a decent suitable road. They could c not do thia without the authority of the 0 Government, but they should nut, like n the dog in the, manger, prevent the carryt . in» out of this public work. Ihe con- ,. stmction of the line to the Ocean Beach | 3 would be of great benefit to the citizens .( i.f Dunedin, particularly providing facili- '.. tits for am b.ithing. 'Jhe coirnjspi-iuk-nce Js on the subject was opened on thu 3rd c September, 1874, and continued till the » 13th April, at which date the matter was is postponed, in order that this Council \t should have an opportunity of expressing n its opinion on the whole question. The

principal reason for the Bill was owing to the General Government having raised

aome objection to the Company!s carrying out the work. The objection was raised principally because the matter had not come before this Provincial Council. It

ight be that in this Hill there were some revisions that should not be inserted, j., ; might be contended that the privileges an ere too great, but he did not think so. m , he Bill was read a second time, and was ibsequtntly read a third time and th isaed. A previous Bill on the same sub- po ,ct had been rejected, it being dis- sh of, and also because it was con- ?e dered the Provincial Government had be yeratepped its powers in authorising the - <( instruction of the railway. Before the ompany is fully empowered an Act of . le General Assembly is requisite. tli KEEPING UP Or IMMIGRATION. 'Q] Mr Ileeves move/1—" That this Council tli iof opinion that it is highly desirable tr ut a steady supply of .suitable immirants to the Province be kept up, and A lerefore resolves that, in case it should ecome necessary during the recess, His [ono'ur the Superintendent, with the adico of Hia Executive Council, be authorsed to incur for the above purpose an ex- st endituro of not exceeding £10,000, and ai liis Council hereby agrees to indemnify C lie Government f.jr such amount as may ol a expended under this resolution." oi )arin<' the past few days a telegram had tl een "received from Great Britain that 1>: he Colonial Government, no doubt for cry good reasons, has determined to stop c: he system of free emigration to the tl Jolony ; and with a view of preventing » he total abolition of this scheme, in so f( ar as the Province was concerned, he had h )lacid this notice on the Order Paper. [here was no doubt that the Province v lad, in Mr Adam, a very active and otti:iont officer in the old country ; but it « night be that his efforts would be tho- ? ■ou-hlv paralysed by want of assistance 1 ; and he (Mr U.eves) thought "* ;hat the question of immigration was one l, vith which the prosperity of the Province yas bound up. They found that those n Australian Colonies that had had free immigration for some years had progressed, v while those who had done nothing in that t way had retrograded, it was, therefore, i matter of very great regret in Ins Dpinion, that, in the interest ot JNew Zea- « land, tho Colonial Government had, been ' obliged to cease free immigration. It , members looked back over the past few years, they would see the thousands , landed on our shores, tiie immense amount c of public works that had been initiated, j and the remarkable fact that the more , people came into the country the dearer j labour became, and the readier, it ap- , peared, that employment could, be i obtained in all departments of trade ; He thought honourable members .would . do well' to consider the matter as one bearing very greatly indeed on tlw progress and prosperity of the Province ; and consider that if the Superintendent and Executive Council were placed in the position of being able to assist immigrants into the Province, it would be a very great advantage. Ho trusted, tlureforo, that the Bouse would look at tins matter fairly, and pass the resolution. Ihe resolution was passed. , VOTE OF CENSURE. Mr J. C. Brown, moved—"That this Council is of opinion that the conduct of the Government during the recess is censurable for the unnecessary delay that has taken place in opening the Waipon drainage channel for mining purposes, and also for their neglect in not placing the work under proper control. In asking the Council to agree to this motion I may be The Clerk: Hi 3 Honour tho Superintendent. . At thi3 sta«e, Mr Brown s remarks were cut short by His Honour entering and delivering " THE mOKOGATI^N SPEECH. Hia Honour said:— Mr Speaker and Gentlemen of the Provincial Council of Otago:—On behalf .of the Governor, 1 assented to the following Ordinances, passed by you, each on the dato mentioned immediately after the name of the Ordinance.—His Honour then read the list of the Ordinances he had assented to, the Ordinances he had reserved for the Governor's assent,, and tho Ordinances! from which he bad with-, held the Governor's assent. Having road the lists of Ordinances, he said—"Gentlemen—Your various resolutions winch have been transmitted to me for Executive action shall have my best attention. 1 may say however, with respect to one of these that there is little probability of any practical result. I allude to the question, of riparian rights on goldfields as being one which is surrounded with mtny dimculties, for the solution of which I am disposed to think that we shall have to look, more to the judicial than to the legisla-, tivo ; at die same time, I shall solicit the aid of the Colonial Government to give effect to your resolution on the subject. Gentlemen—Theresolutions passed by you urging that no organic changes should be madeln the system of Government of the Colony, I shall forward to the C-l-mial Government. I cordially ngree with you that any proposed change should first be defined, aud then calmly and dehbyrattdy considered by the people ; and, if this be done, the proposal to abolish the Provinces will, in my opinion, find few supporters. Gentlemen—l desire again to call attention to the inexpediency of placing upon the Supplementary Estimates large sums f.-.r expenditure, without making an equivalent provision in the shape of Ways and Means. At your recommendation, a con : siderable amount lias been so placed, the power to expend which must be entirely contingent npi.-n the revenue for the year beiiv in excess of the amount upon which the 'main Estimates have been based. Gentlemen—l have to thank you foryoui attendance, and to declare this Council prorogued, and it stands prorogued accordingly." _, The Council then broke up. With the delivery of the prorogation speech ended the session of the Council, which lasted 48 days, ihe actual days of sitting thirtytwo. ___^ JM¥^-