The Akaroa Mail. FRIDAY, OCTOBER, 5.

Akaroa Mail and Banks Peninsula Advertiser, Volume 2, Issue 127, 5 October 1877, Page 2

The Akaroa Mail. FRIDAY, OCTOBER, 5.

The "Lakes Ellesmere and Forsyth " Reclamation and Akaroa Railway " Trust," is a body created by a special Act of the General Assembly, for the purpose of taking the initiative in a certain work, namely, the drainage of Lakes Ellesmere and Forsyth, and the construction of a. Railway to Akaroa. The powers conferred upon the members of the, Trust were somewhat limited ; they were authorised to have a survey of the Lakes made, and plans prepared, and having done this, they were to report to the Governor, and then to apply to Parliament for further powers. The Lakes were to be drained for the purpose of selling the reclaimed land, and the proceeds were to be devoted to the construction of a Railway to Akaroa. In order to meet the expenses consequent on the survey of the lakes, the preparation of the plans of drainage, and the report to the Governor, the Trust was to be endowed with a certain sum arising from the sale of waste lands in the district, which was to be placed to the credit of the Trust, and, we presume, only to be operated upon by an order issued in accordance with a resolution agreed to by the members cf the Trust. Those gentlemen, since taking- office, have applied themselves in earnest to their work. After great care in selection, a competent engineer has been appointed, who is daily expected, if he has not already arrived in the colony, and who, on his arrival, is requested to proceed at once to Akaroa, and thence to a meeting of the Board, to be held at the Beach Hotel, on the Oth October instant. An unexpected difficulty has, however, cropped up. It must be borne in mind that the directions in clause 16 of the. Act arc specific and definite, namely, that the money set apart for the endowment of the Trust, and in order to pay the expenses of survey, shall be placed to the credit of the Trust in a special account to be opened for that purpose. This, in the first instance, was done, but. we now learn that the Colonial Treasurer has transferred this money to the public account of the colony. This unheard of, and, we believe, unwarrantable and illegal procedure, has called forth the following indignant protest from the members of the Trust ;—-" That the " Chairman be requested to telegraph to "Mr Montgomery, stating that the "members of the Trust unanimously " protest against the action of the Colo- " nial Treasurer, in transferring to the " public account the monies standing to " the credit of the special account in the " Bank of New Zealand, Christchurch, " created under clause 16 of the Elles"mere and Forsyth Reclamation and " Akaroa Railway Trust Act, 1876."

We are not surprised at this protest ; it is but natural that the Trustees should feel indignant, at their functions being thus usurped by the Colonial Treasurer, but we are astonished that Major Atkinson, who is Premier of the colony, as well as Colonial Treasurer, should thus set aside the law. We have already seen that the Government, of which Major Atkinson is at the head, are capable of defying a solemn resolution of the House of Representatives, as exemplified in the Wulca Maori case. This is indeed an act which hardly any other set of men would have dared to do ; but to deliberately contravene the express provisions of an Act of Parliament, as the Colonial Treasurer has done, by transferring this money from the special account of the Trust +o the public account of the colony, certainly surpasses belief, and out-Herods-Herod, and wo venture to affirm that in no other colony than New Zealand, would any Government have dared to perpetrate such an act. It would seem as if Major Atkinson, not content with speciously appropriating the sum of fifty thousand pounds from the Canterbury Land Fund, and throwing it into the common stock, grudged the Lakes Ellcsmere and Forsyth Reclamation. Trust the paltry sum that had been placed to its credit, and had greedily and openly seized the same.

We trust that Mr Montgomery will lose no time in bringing this matter before Parliament, and should the majority at the beck of the Government preclude justice being obtained in that quarter, most fortunately the law courts are open, and through them the Government could be made to feel, as has been clone in the Waha Maori libel case, that even they will not be permitfed to outrage the law with impunity.