To the Editor of the Otago Witness.

Otago Witness, Issue 931, 2 October 1869, Page 9

To the Editor of the Otago Witness.

Sir— ln your last weeks issue, your correspondent "Senex" says i— "Dr Buchanan's fetter in thiß morning's paper, entirely ignores an important ground of objection to the Hundreds Regulation Act, viz. :— that whether good or bad in itself it was passed without consulting the Provincial Council, or people of the provinoe to be affected by it, according to the uniform practice hitherto followed in all matters connected with the administration of the Waste Landß. Our Otago representatives, in allowing any measure affecting the land to be passed in the circumstances which attended the peeing of the Act referred to, have established a precedent dangerous to our local rights and privileges." I congratulate him on having stated his objections so moderately, and in having avoided the use of violent language (too oommon of late when this subject has oeen discussed), and which, instead of tending to enforce arguments, only render those who employ it, ridiculous and contemptible. "Senex" is not singular in animadverting on the action whioh the Assembly has seen fit to take in this matter. I find that at a publio meeting held at Tokoraairiro some weeks ago, an active member of the Provincial Government, made the following remarks :— ♦•Let me now refer to the rights of the Provincial Council in the light of past history. It has been tho right and prerogative of the Provincial Council to indicate to the Superintendent and Executive, either their acquiescence in any proposal made by the Government to proclaim Hundreds, or to indicate to the Government, when and where Hundreds should be proclaimed. Of couroe. the local legislature having decided on the necessity, it followed as a matter of course that the Governor is»ued his proclamation, guided by the voice of the people through their local representatives. " And further on in his speech, ho said :—: — "I can only say for myself, both as a member of the Council and tbe Executive, that I feel that tho aotion the Assembly, and especially the Otago memben, have taken in this matter, is ono of the grossest insults that ever was offered to tho representatives of tho province in their local legislature." The speaker hero lays it down that, " when viewed in tho light of past history, tho right and prerogative" (not privilege, whioh is too mild a word), but "the prerogativo of tho Provincial Counoil," is simply to isauo its ediots, whioh when forwarded to the Govoruor, must necessarily recoivo his assent as a matter of courso, but only as a mattor of form. I pass without comment, tho invective hurled at tho Otago members. Now, thoro are, of ooumo, rory many persons who know how untenable suoh a doctrino as this is. But unfortunately tho mass of tho population beh'ovo it to bo truo, coming as it does from otfioial authority. The people of Otago aro an onorgetio raco j and 1 admire thora lor tho spirit with which, whon suffering undor a grievance, whether real or imaginary, thoy aro ovor ready to aot up to their omblom, whioh is a thistle ; and to their motto, whioh is Ktmo inc. itnpune, Ac But 1 also believe that tho very groat m»Jority of them would bo most unwilling ;novringly to do an injustice, and that on this occasion they havo boon misled by want of proper information. My object now is, whilst answering the part of " Scnex's" letter with whioh 1 have begun mine, to endeavour to throw a little light on the qusstion. by quoting two or three psssagos from the Constitution^ Aot Bat first, allow me to observe that tho Waste Lands of the Crown aro not a freehold whioh belongs to tho proviooe. It is an estate whioh is hold in trust by the provincial authorities —who, by the Constitution Aot (which brought the Provincial Ooaaolls into exist* eaceK are, co far at this matter is oonoerned, entirely under the ooutrol of the Qorsmor Md the General Assembly,

, ' As to the powers of His Excellency, the ;29th Clause* of the Act Bays':— { il It shall be lawful for the Governor, at any time within three months after-ahysuch. Bill shll have been received by him, to ■declare, by proclamation, his disallowance of such Bill ; and such disallowance Bhall make void and annul the Bame, from and. after , the day of the date of such proclamation; or any subsequent day to be named therein." Thiß proves, I think, that it is not altogether a matter of course that the Governor inußt assent to any Ordinance or Bill whioh the Council may choose to pass. Now, as to the powers of the General Assembly. Clause 53 of the Act says :— "The laws so to be made by the said Assembly shall control and supersede any laws or ordinances in any wise repugnant thereto, which may have been made or ordained prior thereto by any Provincial Council j and any law or ordinance by any Provincial Council, in pursuance of authority hereby conferred upon it, and on any subject whereon, under such authority as aforesaid, it is entitled to legislate shall, so far as the aame is repugnant to, or inconsistent with, any Act passed by the General Assembly, be null and void." Again, at Clause 72, it is laid down on this very question of the Waste Lands. " Subject to the provisions herein contained, it shall be lawful for the same General Assembly to make laws for regulating the sale, letting. . disposal, and occupation of the waste lands of the Crown in New Zealand." Irepeat, those things are well known to very many persons in the province, but I venture to make the above quotations, as there are many more, I fear, wno are altogether ignorant of them. "Senex" asks, "has it not hitherto been the duty of the Waste Lands Committee to report only on two points ? First, whether the Bill proposed is iv oonformity with the resolutions sent up from the Provincial Council ; and, second, whether anything injurions is proposed to the interests of the public creditor ?" I would like, in reply, to ask, how soon was it likely that the Provincial Counoil, as at present constituted, would have taken aotion in the direction of the Hundreds Bill ? 1 take leave to say, not sooner than a hungry wolf would build up a wall to prevent himself from getting at a lamb whioh was within his reach. fam quite aware, from personal experience, that the Assembly has been always desirous to legislate on these lands, only when previous aotion in- a particular direction has been initiated by the Provincial Counoil. I confess 1 have no knowledge that it ever before took independent aotion — and action which would, no doubt, be likely to be distasteful to the Council. But having instituted an enquiry by the wish of the settlers themselves, and having satisfied itself that unless it interfered gross injustice would be inflioted on a class of the community, who] being few in number were helpless to defend themselves, the Assembly would have j evaded its bounden duty, if it had not ex- j tended its shield between the oppressors] and.the oppressed. All honour, I say, to the Otago Members for having taken part in that action.— l am, &c, A. Buchanan, M.D. andM.L.C. September 16th.