The Southland Times PUBLISHED EVERY MORNING. Luceo Non Uro. FRIDAY, JULY 14, 1911. STATE AND PRIVATE RIGHTS.

Southland Times, Issue 16786, 14 July 1911, Page 4

The Southland Times PUBLISHED EVERY MORNING. Luceo Non Uro. FRIDAY, JULY 14, 1911. STATE AND PRIVATE RIGHTS.

That the State must be supreme and that It must jealously guard its powers against abridgment goes without saying. The State may do what private individuals and lesser authorities may not do. By an Act of Parliament it may declare itself above the law. 'Without its consent it can rarely be proceeded against in the Courts of the land, and it is recognised that it is essential to the maintenance of the authority and security of the Government that these exceptional rights and powers should be preserved. But occasionally insistence upon them may lead to injustice and Avrong, as, for Instance, in the Avell known case of the Farmers’ Co-operative Company whose premises in Wellington were rendered unfit for occupation by the establishment of a State coal depot next door, and which Avas refused permission to obtain redress in the LaAV Courts, and could not obtain compensation by the usual method of petitioning Parliament. Another case has just occurred in Christchurch, and is brought under notice by the Christchurch Press. The Christchurch City Council has a by-laAv Avhich requires that all buildings shall be set back 83 feet from the middle of the street. Despite this bylaw the Government is erecting a new

Post Oftice in Sydenham right on tha boundary of the street, and the street, is narrow enough as it is. The City Council has protested strongly, but it is not anticipated that the protest will have any effect. The Press recalls that when the Municipal Corporations Act was in committee last year M? Y\ T ilford, Mayor of Wellington, moved a new clause making the Crown and all tenants of the Crown subject to all by-laws made by a Corporation concerning the erection, maintenance repair and re-erection of buildings and the drainage and sanitation thereof. The object of that clause was to provide that when a town makes local laws to preserve the symmetry and appearance of its streets and the health and comfort of its people the Government should be bound to observe them as well as private individuals or companies. Mr Buddo refused to accept the clause, but it so strongly commended itself as right and reasonable to Parliament that it was carried by a majority of eleven votes in spite of the Government's opposition. The Government, therefore, defeated the will of Parliament by the simple method of suspending the Bill until Mr Wilford consented to drop the new clause. While we have said it is necessary that the Sovereign power of the State should be protected, there is clearly a point at which the exercise of that power may become tyrannous, and in this case it is surely desirable that the Government should comply with the regulations made by towns to ensure the regularity of streets and the maintenance of health. The Hon. Mr Fowlds has become an enthusiastic supporter of town planning, and in Christchurch, where a Government building is now encroaching upon the street line, he spoke as follows in the course of a lecture:— “Much of the disgrace of New Zealand cities to-day might have been obviated if the civic rulers had honestly and fearlessly administered ths existing law. On the other hand, the most perfect law might be useless unless it was accompanied by a real revival of civic religion, which would, express itself in civic righteousness and reform. In days gone by the community had been too far too considerate of the feelings of the speculative syndicates and land monopolists, who had cut up properties without any regard to the health and the comfort of their fellow-citizen. They must rise to the conception that the Dominion could not afford anything but the best and most sanitary conditions for the development of child life, and for the maintenance of a strong and healthy manhood and womanhood. They must have faith, in the future growth of their towns and cities, and while doing all they could to make the more natural lif-a of the country attractive, they must prepare for the inevitable growth of the towns by adequate 'and comprehensive schemes of town planning. . -. . He had not a very high opinion of the pulpit or the religion that did not materialise in civic righteousness and activity.” The sentiments of Mr Fowlds are admirable, but if they are contradicted by the Government’s practice they will excite nothing but ridicule among the people. The Municipal authorities should be invested with powers of absolute control over the towns which they administer, and the State should be willing to recognise their authority, like any company oi private individual.