THE COUNCIL.

Dominion, Volume 3, Issue 691, 16 December 1909, Page 5

THE COUNCIL.

LEAVE OF ABSENCE. The Legislative Council met yesterday afternoon and evening. Four days' leave of absence were granted to tho Hon. J. B. Sinclair (Otago) on account of urgent public business. .be .dropped/ ,v . v : ■;V Tho ;Statutes L; Eevisioii "Committee , reported,', with reference to: the Destitute Persons Amendment Uill.and;,the r ChattelsvTransfer '/Amend--mont Bin,"thai'at /this' late/period, of. the .'sesBion time would'.not .-suffice.,-for,'.,tho full consideration due to Bills of ; such /an' important character. :;;;/.;:;/. ;':>'":/;./;;"' • a native's estate./; :■ '' * :/■;';,;. Discussion at somb'lerigth took placb with reference to a report by. a Select Committee upon a petition of'Ngamakorte.fE-ango and : :Hhumaenn to Kango'praying for reliefwith respect to land of which'they-alleged they had been wronglv deprived "through, tho Native Land Court,having,wrongfully awarded it to alleged adopted■:children.:The./committee reported ; that in ,its opinion' the .petitioners 'had .'suffered somo injustice, and .that -the .Government ...should inako inquiry, into.--.the -position; also into - tho system of adoption and'sWession'-of the-nest of kin, the practice! of appointing-trustees for adopted ehildren,' and whether or not the interests of-tho-Natives would notbe better preserved by appointing/the; Public Trustee to act in such a capacity. : ;; ; . .•^:^ : -' ; :/; i ;-'.'■ Tho Hon. wrPEKE (Hawko's Bay) contended that a commission should be sot; up to in : vestigate. the: whole matter.-. ./According to Maori custom/-it-did'.not' follow ...that adopted children should have a'share'in ah'estate.'.:. The Hon.''O.;,SAMUEL (Tnrahaki), in;tho course of his'remarks on the subject, declared that .he kneW.Vof 'no. .tribunal/.the .work- in connection with which was so-unsatisfactory. - "It 'is," he said, "characterised- ; by. dilatoriness./by a constant love.of:rehearing and.by: a post-, ponemont of /doing/'simple/ justice to ,tho- peo-ple-whoso business :it has to transact." : Tho ATTORNEY-GENERAL '.-:■ thought .tho Council could;not 'proceed with 'any/certainty on tho report as : the. committee-could not have had beforo it every,information/oh/the;sub--ject. ,It was,''ho felt,'.his duty to:say a word or.! two,in defence Vol .the Native Land Court Ho' admitted -that ■ in, .tho past (and; perhaps it would' be the'caFe/iii. tho/future) "its "Work had been marked'by-shortcomings./'That that was so could hot/be/wondered at -as/the' work was beset with/a great many .difficulties: Ho know of no position which required ;more' patience and more tact than that of judge of tho Nativo Land!Courfc It was wollknowii-that as a rule tho-judges, had .fulfilled /their/duties in accordance,with: the/highest traditions of British justiceV:: ; Native''bustonis were'not. embodied in .any they/ wero a jnngW through which '"-the':judges -had had to out their way;with lhore,or less success. Tho ,Courts'/were -ftfyiug -to administer through omlised tribunals': the native customs of a race which had no agencies "of justice as the Buropoans/pbssessed. -/For there wasthoquestionof Maori marriage. :.Asthelaw stood to-day Maori marriages were not recognised nor wero the'offspring,of such.marriages considered legitimate, save for, tho purposes .'Of ; succession to • property. K , The'/Government was considering whether/something should' not be done in the direction/of creoting-some kind of test'as to what/should constitute; a marriaije between Nntives; .'He -only.wished to-eay, in conclusion, that the petition, would have the consideration .. 0f... thcvGovernmentj .biit/ very, likely when the'other side /was given it would bo found that .'there .'was-.a'good, deal to be said for it. \ '/v^/: ; .', .:•-;;:■/, :!■:;//;. ',:/.-'/ The motion;/was-.'agreed to./ ■-,'" " - - :: ,WELLINGTON-/STREETS 'EMPOWERING • - ;£;>':-Bis#l£ : ,:-;/-;•///■;:-/ /:/:-; AN• INTEEESTING /DISCUSSION. 1 ;/ V'r There "was (considerable discussion- in Com. imttee upon the -'Wellington' City Streets Empowering Bill.";,'</.--: ' .' ■ - Tho , Hon. /vC.;:;/LOUISSON: v . (Canterbury) thought that: further-information should bo ovajlablo with/reference'to the' width of the janous str-eets' in qnestion.- 'V, ■■■■■'•' it T Mi. Hon - C-: M -: UKE (Wellington)'/■■■ replied that the etreots were/situated in that portions of tho city iwhich' .'formed, v .part .'of Melrose Borough,' and /that the provisions' of' the Bill .wero 'appTovefcby. the' residents'-' affected.-'/;•• Mr. 1 Louisson:' We: doh-1 ) 'want -to encourage slums. • ■'•.-'.-'..--.'■' : ','/ : ;''!'-. v /;-/ > :/.' :.". ■■•'*-■■■■ Mr. Luke: Numbers of the'streets' are 40ft; in width. \ ;;-,/;::"-v/ ;;;-./:;:■'■;/:•' '---■' Mr. Louisson:.But 'how ninny are'- under that width? ;:- v ''-;. : :;/;V-.'Z //:'/■' ' ; .„ _Mr. Luke:> The -very ;narrdw;,'streets aro sidelings on high:'lands,'where : there is no liability of the establishment of slums.'-'-' Tho Hon. J.^NSTJiY.;(Canterbury); thought that;tho building, line;.might be put back. Mr. Luke: 'It,Vwo,uld,-.bo. impossible in-some cases. <v .-//-:'.// : -'i'iv-:,; ;.:-■ :■''.':'■' The Hon. J.; E..JENKINSON held that the provision to ; the -that /persons with ■ frontages to certain /streets might, be required' to pay up'to 'one-half the:cost of improving a sircet contained/'a/riewirprinoiple; '*■■..?.'■. .'.'■ Morabers: Oh; .no,'- /'!..'•:'•:■■-. Dr. Findlay:.'-YoU:;arb/right,to the:eite'at of tho obligation!?..■■?:».>?>.'.:■*■.•*'/.;■-...;■■-.■,.'<.-7../. Mr. Jenkinsoh said, that "numbers of persons affected by the,, Bill/objected to tho provision. The work in respect'to/which owners.of frontages might be'-required,to pay :portiou ofthe cost should be limited/to/kerbing, channelling, end footpaths..',-, ::.'::.•,-./• :/.;..-,;.-: ~. ■'-: Tho Hon. T.'/K. MACDONALD' (Wellington) argued that :the,'pfovisions of ithe Bill- were ■B.holly in tho ■ intefestS' ; ;of, tho ratepayers iu the districts'affected.'/"/'/, -i ..'-'/ '/■... Mr. JenkinsbhVYbn';ask/them. '' Mr. Ma'cdohaldf'/Everybody knows 'that it is tho case. '■.!■,:.■■■"":■,:■,•,..■ ;;:::/:-'.,::..' ■ The Hon. W.: M'CARDLE (Auckland) and the Hon. J. RIGG (Wellington) advised Mr. Luke . not to agreo'te -any.'/'amendmbntof the/Bill; There was no .'opposition to /the .'Bill'' from tho residents. "- J -,.V ; : / '.-■ ■ The Eon. Cv^lAJKE".(Wellington) '■■ said' that tho cost ot;tho;work tomany of. the 1 residents would not bo more than .£ls, and- if necessary spread over a number of jonrs^'V^'/t:'-'' ■■:";•■: .:'■ .'t.-'■ Tho Hon. J.//E. JENiaNSON (Wellington) moved an amendment'/to/the effect that■ the Council should ; not'/iprbceed„• with.;.'any-- work oxcept on a pp,tition : of. a majority o: owners ewning not less;than two-thirds of. tho property' fronting tho sfrect;^:/;;./;..///■'::;:-..; :■-' ■~ ' . Sharp Passage^ofiAt'ifis.:////;;", ■■. :: ■:-.'■- The, non. Wi .BEEHAN',. (Auckland/: stated that Mr. Luke,had declared that the-residerits affected wore in favour of tho. Bill. But, on the other hand,. Mri,:jehkinson'had assorted that many of" the/.rcsidohts wore against the proposal — .-;'/.: '■■'•■'*/■/ /'::-//■.'-' ,"■ Tho Hon. T.KJMacdonald (warmly): Ho does not know; I .'dq.V.;.■'.■::.-).■'::•;./■ ;■■.,;.■.'/.■.,•.-'';■' Mr. Beehan said,lie;hbpcd/tho.Council would not alldw the City.Cbuncil to override' tho poor people. " v .:: .:/ ; ./'':.'/:,//-,:- -;".'-. Mr. 'Mncdonaldi/ : Tho/poor.,maii might- well say: "Jloavon /help/■ino' from a; man ,of Mr./ Jcnkinson's stamp, fo'rf:he'/is politically a very bad ad\isor.";,.'':::::"•'':/':.:/:'/'• :■■■'■'■■'■ The' lion.'. Jr/E./iTENKINSON was- allowed to amend his/amendment' by the substitution of the word "occupioi's''/f6i'/t.nb word "owners." Ho said that he /had; hecii .'authoritatively in-' 'ormed that thp..'cost'.of/improving''tho strebtswould bo very 'much /less 'than' had 'previously been hi', opinion/. If- a/.vbte nero :takon>ou'thc voices ho wouldMjo;satisfied.://"/' ;

a division, callod for .by the: Hon. J. Ban - ,:the amendment was rejectedby 17, votes to '8. :>•:. ■-■• ■■.■■■-■■ ■.■■-V..;.r. ■...'':.;■/:/;■',. ■ -.- ,; ..'•Tho Hon. -J." E. JENKINSON (Wellington) : theh,m6vod'that the works should not'include the formation of the streets in question. '•■•'■ .'.The Hon. G. M. LUKE (Wellington) said ho was prepared'to accopt the amendment.;: All the streets' to' which the clause applied were already formed. ....■:/.... .. Tho amendment, was agreed to on- tho voices. No further alterations were made' to the measure. •'. • .Subsequently, the Bill was read a third time and passed. .:. LOCAL BILLS PASSED. / The following Bills wore considered in Committee, read a third time, and ..pnssedpOtago District Hospital Board Kaitangata Reserve. Vesting Bill.; ... .-■ ■■ ■', • Taranaki;. Agricultural Society Empowering Bill, ' . . .Otago Dock Trust Lands Reclamation and Street-Widening Bill. ~--..-: Jleathcote Road Board Waterworks Bill. Otago Harbour Board Empowering Bill.' Keef'ton Keereation Reserve Bill. - . Waipukurau Rosorve Bill. Wellington City Streots Empowering-Bill. . tiisborno High School Amendment Bill. vCity'of Auckland Enabling Bill. Auckland City Loans Consolidation and Em-powcringi-Bill. .:,..- ; Otago Dock Trust' Merger Act, 1908, Amendment Bill..:■■•••' i. ; , -.-. , Dunedin District Drainage and Sewerage Acts Amendment "Bill:! New Plymouth' Harbour, Reclamation Bill. ; OPUNAKE HARBOUR BILL. ': ■ With regard to the Opunake Harbour Amendment Bill, Clause 3 (which provided that if a majority of the valid votes recorded at a poll on any proposal by the Harbour Board to raise a loan was in favour of the.proposal, it should be deemed to be carried) was struck out, and • progress; was then reported ,on .the Bill. : >■ the;HOSPITALS BILL. .':■:! ;' The i ATTORNEY-GENERAL; moved that the , report of the second conference with reference to tho amendments made by the Council in the Hospitals Bill.should be agreed to. With regard, to the provision in the Bill for the admission, of students'and lecturers to institutions under,the control of a board, the intervention of,the. Minister was only to take place in case of a difference, between: the board of the institution and tho.university ;authorities. .The "managers'on:both''sides had agreed that that was a.good working arrangement. As regards Section 72 . (which provided that friendly societies, might make special arrangements with boards), it remained struck, out,' but there,had been introduced into Section GO an amendment which made• reasonable provision -'. for. '.the ■ friendly societies. In' each case .the managers for the :Council had-concurred, and the differences had lain with tho managers for another place. On the whole .the Council had maintained its, position, and had got such amendments as it desired. : Mr. Paul: . Does the first-mentioned ' section provide that boards should have full. control over the institutions? ' ' '. , ..Dr. I'indlay: That,is made quite "clear. _. . .The report was then agreed to. ■■ ' ; : At'"'.this- stage, "10.10: p.m.,. tho Council 1 adjourned, until this afternoon.