The Clutha Leader. THURSDAY, MARCH, 25,1875.

Clutha Leader, Volume I, Issue 37, 25 March 1875, Page 5

The Clutha Leader. THURSDAY, M ARCH , 25,1875.

The determination evinced by the Municipal Council at its last meeting, to assert its prerogative, in questions arising between it and the Provincial Government, deserves countenance and support at the hands of the ratepayers. In its dealings with the Government, the latter have come to treat it with an amount of indifference closely bordering upon contempt. The application made a few weeks since for management and control of the bridge, was met by one of the most curt and unsatisfactory replies that could well have been penned. The request was one not only contemplated, but likewise provided for by the Legislature. Clause 266 of the Municipal Corporations Act provides — " That the management of " all public streets within any borough "and all public bridges and ferries " within the borough and being part of v or in continuation of such streets and " the management of all such streets " bridges or ferries as shall have been "or shall be placed under control of ''the Council and pavements and other " materials as well as in the footways '•' as carriage-ways of such streets and " bridges and of such ferries and all "building materials implements and " other things provided for the purposes " thereof respectively by the Council of " the borough shall belong to the " Council." In the face of a provision of that kind, it was not enough for the I Government to say, we will not allow you to get control of the bridge. They were bound by the allegiance they owe to the superior Legislature either to comply with the request, or else furnish a good and valid reason why they refused to do so. Unfortunately the misdirected zeal of a section of the ratepayers prevented that matter being dealt with as it would otherwise have been the bounding, duty of the Corporation to have done. The action of the Government in the matter was, practically speaking, endorsed by the ratepayers, who, by their ill-concerted plans virtually deprived this important part of our municipal estate of that local supervision, management and control which, according to their own showing, stood so greatly in need of it. The Hebrew proverb tells us, (i that one sinner destroys a multitude of good," and with the band of transgressors who arrayed themselves on that occasion against constitutional authority, the result is not at all astonishing. It was, we are disposed to think, this unfortunate disunion of ideas, which encouraged the provincial authorities to assume the position it has done regarding the demand for removal of the police camp. The reply as read at the last meeting of Council is just about as cool as it is characteristic of reckless indifference to constitutional authority. The legislative enactment quoted above, says — " The management of all public streets, <fee. t " shall be under control of the Council, and in defiance.of that enactment the Government virtually replies you shall not have it; the Commissioner of Police does not consider it expedient for you to have the sole management and control of your own estate, The Council, it will be observed, did not ask the opinion of the Commissioner of Police, nor is it at all necessary that it j should trouble itself as to whether or j not that functionary deems it expedient to remove the buildings in question or not. We would like, however, to know en passant who this Commissioner of Police is, that his opinions, crude and indigested as they may be, should be put forward in direct opposition to the solemn deliberations of colonial government. We have heard of a coach-and-six being driven through an Act of Parliament, . bnt this is the first occasion upon which a Police Commissioner, was ever known, to perform a similar feat of

dexterity. Serioualy speaking", we are disposed to think the Government,'feeling' the untenabh nature of the ground upon which they stood, have adopted the cowardly expedient of shifting- responsibility on to the shoulders of their subordinate. In their reply to the Council they did not attempt to dispute the assertion, that the camp buildings encroach upon municipal estate, so that it may be taken for granted that they admit the existence of that encroachment, and that the only cause they can show why it should not be removed is that the Commissioner of Police does not deem it expedient. The defence is about one of the most childish attempts at evasion which could have been concocted. Nothing- | Ju t the foolish idea that the Balclutha ratepayers were prepared to swallow any amount of sophism could ever have suggested such a miserable device. The Council must now be prepared to close oue of two alternatives. They must either insist upon the removal of the encroachment forthwith, or else he prepared to allow every man to follow the dictates of his own sweet will, and permit the public highways to be built upon or obstructed at the pleasure of the individual. If the Municipal Council cannot enforce its rights against the Government, it cannot on the same principle enforce these rights against the individual.