PROVINCIAL COUNCIL.

Wellington Independent, Volume XXVI, Issue 3234, 24 June 1871, Page 2

PROVINCIAL COUNCIL.

Fbiday, June 23. The Speaker took the chair at 3 o'clock. REPORTS. Nos. 4 and 5 of the Public Petitions Committee were laid upon the table, read, and ordered to be printed. NOTICES OP MOTION. Several notices of motion were given. CONSTRUCTION OP RAILWAYS. The Committee then went into committee for the consideration of the following motion by the Provincial Secretary — " That the Council do now resolve into committtee to consider certain resolutions with regard to the construction of railways in the province, as printed on the supplementary order paper." - The objects are set forth in the following resolutions, printed as a supplementary order paper ; — Whereas by the 17th section of the Immigration and Publio Works Act, 1870, it is enacted that it shall be lawful for the Superintendent of any province in which any such railway as in the said act is mentioned, or any part thereof, is proposed to be constructed undor the powers by the-, said act, conferred from time to time with the consent of the Provincial Council of such province, signified by act or ordinance, to recommend to the Governor that such of the waste land of the Crown within such province as shall be therein specified be set apart and appropriated in and for tho construction of such railway or part, and that to any such recommendation conditions and limitations may be attached. And whereas it iB expected that a railway from Wellington through the Wairarapa, Manawatu, Bangitikei, and Wanganui to the mouth of the Patea river will shortly be proposed to be constructed under the powers conferred by the said act, but it is considered that the said intended railway is not yet, and will not till after the expiration of the present session of fchis Council, be a railway "proposed to be constructed" within the meaning of the provisions before recited, and that this Council is consequently unable at piesent to pas 3 any valid act or ordinance for the purpose of making any such recommendation ; and whereas this Council is desirous to facilitate the construction of the said railway, — It is resolved :— l. That this Council will, as soon as the said intended railway or any part thereof is a railway " proposed to be constructed" within the meaning of the said act in its first session thereafter by act consent to the Superintendent recommending to the Governor that a sufficient quantity of the waste lauds of the Crown within this province be set apart and appropriated in and for the construction of such railway or any part thereof, such conditions and limitations aB the Superintendent with the advice of his Executive Council may think fit being attached to euch recommendation. 2. That if, for the purpose of facilitating the construction of the said railway or any part thereof, it shall appear desirable to set apart and appropriate for the purposes of the aiiid I7bh section any of the waste lands of the Crown in the Province of Wellington in and for the construction of euoh railway or part thereof by an act of tho General Assembly in the next session thereof, this Council approves of the passing of such an act, provided the land to be so appropriated and the quantity thereof and the conditions and limitations to bo attached to< such appropriation be approved by the Superintendent with the advice of his Executive Council. And this Council requests the Superintendent to support a bill to bo introduced into the Genera" Assembly for that purpose. Eosolution. — Whereas by the 20th sectioi of the Immigration and Publio Works Act 1870, it is enacted that it shall be lawful fo: the Superintendent of any province in whicl any railway is about to bo or has been con--Btruotcd, under the powers by the said acl conferred from time to time, with the conseni of the Provincial Council of such province signified by act. or ordinance, to agree with tin Governor, subject to the approval of ths General Assembly, that such part of tho wast) land of the Crown situate within such province, as shall be specified in such act or ordt nance, and agreement shall be accepted in lie* of payment by tho province of such amoum of moneys as shall be fixed in such act or ordinance and agreement, and aa shall have be come chargeable against such province unde? the provisions contained in the 19th aeotion ol the said act, or, in the case of expenditure, not for the time being yet made in lieu of payment of such amount as shall be so fixed, and shall thereafter become chargeable under tin said provisions. And whereas it is doubtel whether this Council has now power to pass such an act or ordinance with respect to a railway intended to be constructed from Wellington through the Wairarapa, Manawata, Rangitikoi, und Wanganui, to the mouth of the Patea river. And whereas this Councilis desirous to facilitate tho construction of siuh railway. It is resolved : — 1. That this Council will, as soon as the existing doubts as to its powers are removed, consent to the Superintendent entering into an agreement with the Governor whereby a quantity of the waste land of the Crown in this province, sufficient to paj such moneys us may become chargeable against this province, under the recited act, in respect of the said railway, or any part thereof, shall be accepted in l«|u of payment thereof. 2. That, if for the purpose of facilitating tho construction of the said railwrty, or any part thereof, it shall appear desirable to empower the Superintendent, by an act of the Generul Assembly, to enter into any such agreement as aforesaid, this Council approves of the passing of such an act ; provided the land to bo affected thereby, and tjbo quantity thereof, and the amount of moneys on discharge of which the land is to be taken, and generally the terms of the said aot be approved by the Superintendent, with the advice of his Executive Council. And this Council requests the Superintendent to support a bill to bo introduced into the General Assembly for that purpose. The advice of the Attorney-General had been taken on the matter, and it was his opinicn that if tho Council passocl theso resolutions, it would enable the Superintendent to take ihe necessary steps to secure the construction of these lines, without calling the Council togethor for tho purpose. Tho following memorandum was then read by tho Provincial Secretary : — Memorandum of railway works reccommended by the Provincial Council of Wellington to be undertaken by the General Govern* ment. A main lino of railway from Wellington toPatea, passing through Wairarapa, Manawatu Gorge, and, Wanganui, having been surveyed by the General Government, this Council recommends to the General Asssembly the adoption of the said line, and ia of opinion that the following portions of the lino Bhould be immediately proceeded with, viz : — 1. Wellington to Masterton. 2. Wanganui to Waitotara. 3. Wanganui to the village of Marton, or to such point nearest to Marton as the line may run. This Council is also of opinion that it will greatly facilitate and encourage the more speedy settlement of large areas of valuable bush country, and bo of high value to the operations of defence, if the intermediate portions of the aforesaid main line are opened up as soon as possible by means of a light A tramroad, preparatory to the formation of tfe^MF permanent way, which would by this means be formed when required with far greater ease, economy, and despatch, through laborers being already settled along the line of way, through the saving in cost of transit of materials and supplies, and through tho expenditure on the tramroad being really only a prior instalment of the necessary labor on the pormanent way , Mr WATT had no objections to the resolutions, but he wished to point out all absence of any reference to. immigration in CQunocfcion with these Bchemes.

The PROVINCIAL SECRETARY said very largo provision had beon made already by his Honor, and that that was not a subject ■which required the sanction of the General Assembly. Several applications in conformity tvith the advertisements published in reference to bringing out immigrants, and most of these applications had been accepted. Mr LUDLAM hoped the Committee would receive these propositions favorably. Doubtlesß they would give a very large power to the Executive ; but it was clearly a case in which it was necessary that they should have considerable power placed in their hands ; and ho therefore thought tho Government had acted very properly in seeking the acquisition of thia power. He felt they would use their best endeavors in applying these powers for the good of the province. V Mr BRANDON fully recognisod the importance to the province of these proposed railways — lines likely to bo more productive than any other in tho colony. He would give his cordial support to these resolutions. Mr PHARAZYN thought there was no doubt that these works would bo hailed hailed with satisfaction by tho South Island, if it was only viewed from a defence point of view. It was certain that this feeling would exercise its due force in tho uoxt session of the General Assembly. Both resolutions were then agreed to, and the memorandum ordered to be entered upon the journals of the Council. ALTERATION OF LAND REGULATIONS. Tho PROVINCIAL SECRETARY moved — " That the Council do now resolve itself into Committee to consider certain resolutions with regard to the alteration of the Land Regulations of tho province, as printed iv tho supplementary order paper," Agreed to, and the bill read a ilvst time. TRAMWAYS. The PROVINCIAL SECRETARY moved For leave to introduce a Bill to onable the Superintendent to enter into contracts for the construction of tramways. Agreed to. FOXTON CESIETERT. Mr THYNNE moved— For leave to introduce a Bill authorising the closing of the Foxton Cemetery. Agreed to, and tie bill read a first time, the second reading being made an order of the day for Tuesday next. LAND CLAIMS. Mr WATT moved— "That a respectful Address be presented to his Honor tho Superintendent, praying him to place the sum of thirty pounds on the Estimates for the purpose of purchasing sixty acres of land for William Brown, late private in HM. 65th Regiment." The circumstances connected with tho matter were rather peculiav. A certificate had been issued in July, 1863, to William Brown, by the Provincial Government, and ho had since been killed in action by the natives. His effects had since been sold by an officer of the General Government, and purchased at auction, and amongst the effects was the certificate. The purchaser had forwarded it to him to lay it before the Council to see what they were prepared to do. Mr LUDLAM did not think such things were transferable. The PROVINCIAL SECRETARY was of a similar opinion. Tho purchaser of tho certificate bad it in his power to petition the Council in the usual way, and then his claim could be enquired into. Mr LUDLAM said another poiut waa that the hon. member had not proved whether the conditions of tho certificate, which required a five years' residence in the district, had been fulfilled. The motion was negatived. "WANGANUI FREEMASONS' GRANT BILL. This bill was advanced through all its stages and passed. PUBLIC PETITIONS. The Council went into the consideration of Interim Reports Nos. 1 and 2, which were read and concurred in. TIIK HIGHWAYS BILL was ordered to be re- committed for the purpose of re-considering clauses 18 and SS, and introducing a new clause after clause 12. Reported with amendments, ordered to bo printed as amended, and notice given that the bill would be read a third time on Tuesday next. THE TOLL GATES BILL was further considered in committee, reported with amendments, and the third reading made an order of tho day for Tuesday next. THE WELLINGTON EDUCATION BILL Was further considered in committee, taking up the bill at clause 22. Clause 23 to 40 were read and agreed to. On the recommendation of Mr Hutchison, clause 42 (account to to be laid before Provincial Council) was postponed. Clause 43 (regulating institution), was opposed by Mr Hutchison, and as some discusBion ensued, the Council rose for dinner. On resuming, Mr HUTCHISON thought it desirable the Government should give some idea of tho general scope of the instruction to be imparted, as it might so happen that tho board would prescribe nothing iv particular. The PROVINCIAL SECRETARY said the Government could scarcely answer that question so definitely as the lion member Beemed to desire. That was a matter to be left in the hands of the board, who would doubtless be competent to arrange such a matter sis that. Mr HUTCHISON said as regarded religious instruction it seemed to him no more requisite thutn sehoolmastor should give religious instruction than should a carpenter who was teaching a boy the carpentry trade. He filiould move therefore that the last part of the clause be struck out. It would then imply that the Council fully recognised the right and duty of imparting religious instruction to children ; and, acting from that conviction they laid tho matter aside altogether, leaving the question entirely for parents and guardians to attend to. Mr WATT thought that the fears of his colleague on religious education were merely imaginary, as the bill was not calculated to give rise to anytnoredifficulties onthatquestion than had already existed, and so far as his experience went, these lad been remarkably light — in fact there had beon no dissatisfaction at all. Still he thought the Government might postpone the clause, as they had done with other clauses, in order to get further information, Tho PROVINCIAL SECRETARY paid although the hon. member for Wanganui (Mr Hutchison) professed to be a great admirer of education, by his action in Con?mittee his only object eeemed to be to throw out the bill altogether. The Government could not accept the amendment of the hon. member. Mr LUDLAM thought the action of the Government in making such a stand not only upon the principle of tho bill, but also upon its details, was unwise, and placed members of the Council who were supporters of the Government in an awkward position, and the Government would have acted more judiciously if they had modified their details with regard to local boards, as suggested by several members. He felt that the Government would yet be compelled to come down to the Council for the purpose of granting powers in the direction indicated, such aa appointment of local boards subordinate to a council of education. With regard to religious education, he thought it impossible to teach a child to any purpose without giving them some sort of religious education. To give children secular instruction ulone would havo a tendency to the springing up of a class of freethinkers, cerAtflinlv a most undesirable thing in young comsuch as existed in this province. All this could be obviated, and religious scruples respected ns was done in Victoria and Nelson, by scriptural reading pure and simple. Mr ANDERSON, though a warm supporter of tho bill both in its principle and details, must still object, as he had done before, to tho clause in question. He had very grave doubts that the clause would lead to great dissension and dissatisfaction. Still so greatly did he desire to see a good scheme of education, he would rather accept the clause than see the bill thrown out.

The PROVINCIAL SOLICITOR pointed out that tho religious instruction contemplated by the bill was the same as that imparted in Iroland and elsewhere. Tt was merely of an elementary nature, and comprised such readings from tho Sciipture as tho Lord's Prayer, the Ten Commandments, and such equally generally unobjectionable portions. Members should recollect that in a great many cases it would be positively cruel to deprive children of that grounding iv scriptural truths which they wore often not likely to get at homo. The PROVINCIAL SECRETARY said it was perfectly clear that the hon; member's observations on the clause were only another form of attack in favor of the establishment of local boards. If these were introduced as part of the machinery, the hon member's scruples and objections as to the religious education allowed by the bill would vanish. Still the hon member might be as right in his views as ho was no doubt coi'iSoientious in making them ; it might be that the clause won't work, but the objection seemed very much like tho cry started at tho time tho General Government policy of public works and immigration was propounded. People said—" Oh ! you won't get the money ; it was never expected to be got; it was only a golden cloud trailed before the people's eyes to delude them." Well, the money had been got, the works would be prosecuted, and the prophets were falsified. Why might it not be tho same with this clause ? You never knew what could be done till you triod ; and you could not tell in this instance until you tried what you could do. The Government, after gravely considering this clause originally, and reconsidering it after the objections and suggestions of members of the Council still deemed it wise to adhere to *tho original clause ; but, should tho clause prove inefficient and lead to any dissatisfaction, no doubt tho Government of tho day, whoever they might be, would have no hesitation in coming down to the Council to provide for this emergency. Mr PHARAZYN felt that the objections of the hon. member for Wangunui were made from thoroughly conscientious scruples ; in fact, tho hon. member was too much given to making everything a matter of conscience, especially things political. He felt indeed sorry for the hon. member, who really worked his conscience too nurd altogether. The clause was then passed on the voices. In clause 45, Mr Andrews proposed that the clause should be amended so as to close the schools to all children not vaccinated. A division was called for by tho mover. The result waß tho hon. member stood alono. The clause was then passed. Some discussion ensued on the wording of the clause regarding the admission of native children to the schools, Mr Andrew moving an amendment to remove the obscurity of the meaning, and make the clause read so that j nothing in the act as regarded taxation should apply to aboriginal native children. The amendment was negatived. Clauses 4-8 and 49 were postponed for the insertion of a new clause. Clause 16, which had been postponed, was brought up in an amended form and passed ; also clause 20, providing for itinerary teachers. Mr DRANSFIELD highly approved of the bill in many respects ; but on making a calculation he found that as the City of Wellington was included within tho operation of the act, her contribution would amount to something \ like £1600. He would not complain of this if he was certain there would bo value received. It did not seem to bo altogether right that Wellington city should contribute so largely | without they were to receive some sort of cor- j responding consideration iv tho distribution of tho funds, nor right that they should be spent entirely for the benefit of the country districts. Large sums of money had beon raised in Wellington for education by the various denominations already, and as latterly the people of the city had been pretty heavily taxed in various ways, he would like some intimation of whether the board would take that view of the matter in making an equal distribution of the funds. The PROVINCIAL SECRETARY said their main duty was to provide a system of education for the whole province, without taking into consideration the amount raised in any particular district or placo. It was the first time the city of Wellington had been taxed in this direction, though he trusted the time was not bo remote when they would be enabled to lessen the laxe?; sti.ll, he felt that there should not bo much objection on the part of the people of the city iv contributing towards such a good work, and no doubt the board would endeavour to act with all fairness to the city. Mr DRANSFIELD would bo satisfied if the Government would promise that tho private schools of the city would receive some subsidy. The PROVINCIAL SECRETARY eaid it would be entirely in the hands of the board. Mr PHARAZYN would be extremely sorry to learn that the board was not perfectly independent of the Council in tho matter. If the board were not to bo so, there was little use for them at all. Mr WATT thought there was little to apprehend in the direction of the remarks of tho hon. member for the city, as from the size of the districts there was good reason to suppose ample funds would bo collected to educate all the children of the province. Mr THYNNE moved the insertion of a new clause, the object of which was that if a parent had several children between the ages of five and fifteen, and if any of these attained a certain standard of education fixed by the board, heßhould be at liberty to withdraw that child or children from tho school, and bo exempt from the tax required by the act. The new clause would in no way interfere with the principle of the measure, and would prove an act of great kindness to many families in country dislricts, tho labor and assistance of whose children was an object of considerable value to them. It would, beaidos, havo the effect of making tho parents encourage their children to take such an interest in their education as would be a great stimulus to their advancement, and act practically as a bonus to them to secure their attention and good conduct. A division being called for, tho Council divided, the result being that only the hon. mover and Mr Watt were on the side of the ayes. Progress was reported, and the bill made an order of the day for noxt silting day. Tho Council then adjourned till Tuesday next.