The Evening Star WEDNESDAY, MAY 4, 1870.

Evening Star, Volume VIII, Issue 2181, 4 May 1870, Page 2

The Evening Star WEDNESDAY, MAY 4, 1870.

Otago will become a bye word for uncertainty. Questions that seemed settled for ever, crop up over and over again, with a pertinacity that would be amusing, were it not so detrimental to society’s best interests. The worst of this backwards and forwards work, is that no fixed arrangements are possible. That which is determined upon to-day, is surrounded with so many contingencies, that action is almost paralysed. Some years ago, alter long controversy, it was supposed to be finally settled that the Princes street Reserve is the property of thy City of Dunedin. So certain did this appear to be, that one of the City members, Mr Reynolds, received the ovation of a public dinner in recognition of his services in the matter, and Mr Thomas Dick, the then Superintendent, presided. All seemed fair and straightforward, and the public looked forward to the advantage of a settled civic revenue derivable from that property. But alas for the fairest of human prospects ! The Natives, whoever they may be, were not so easily satisfied. No matter on what grounds, they disputed the decision arrived at. It was too good a thing for the lawyers to allow to pass, without their having a share of the plunder; bo after some litigation, that right which seemed plain enough before, was affirmed by a decision of the Court, and again there was a prospect of utilizing the revenue. But the old proverb—

“There’s many a slip ’Twixfc the cup and the lip ”

is abundantly verified in tins instance. Legislation and law coincide with common sense in pronouncing the Princes street Reserve Civic property ; but the friends of the Natives have not picked enough out of the contest; so the litigant Maoris have been illadvised enough to refer the matter to the final decision of the Pri\y Council. It is hardly likely that the judicial decision in this instance will be reversed ; but the delay is no trifling loss to the City, Up to this time the accrued rents amount to about £6,000, and here crops up another complication. That amount lias been placed in the hands of the Provincial Government in trust, to be paid over to the Corporation should the final award be in its favor. There being a strong presumption that it will be in favor of the City, there is a natural wish on the part of the Corporation to have the use of this money thus lying idle in the hands of the Provincial Government ; and o» Saturday, we believe, the City representatives in the Provincial Council had a conference with the Corporation to consult on the terms on which it should be handed over. As there is a remote possibility that the final award may be against the City, the Government would not feel justified in allowing the Corporation to use,the money without some indemnity ; so it was proposed to place in the hands of the Government, Corporation Bonds to such an amount as would cover the risk. To all reasonable men this would seem a fair offer; and by all but one of our representatives we believe it was considered so. Those bonds are held to be good security in the commercial world. The Gas Company are willing to accept them at par on payment for their -works, should the Corporation purchase them.; and every business man would consider them equally valuable as the Government stock. The objection made was, that the Government could not undertake to hand over the money without the sanction of the Provincial Council. Now with all consideration for the nervousness of our over-sensitive Executive, we venture to affirm that it is a matter with which the Provincial Council has nothing to do ; and in this opinion we believe we are supported by that of the Provincial Solicitor, as expressed at the meeting referred to. The Provincial Council have only to deal with matters of finance in which the Province itself is concerned. In this case the Executive are not looked upon by the Colonial Treasury as legislators, but simply as a depositary for a trust. They are not answerable to the Provincial Council for the manner in which that trust is executed, but to those who made them trustees. To ask the permission of the Provincial Council is therefore altogether supererogatory, for, whether granted or not, the Executive, as trustees, arc perfectly justified in handing over the money, on sufficient security being placed in their hands to indemnify them in case of the very remote contingency of an adverse decision. That security has been tendered, and it seems to us therefore that no good reason can be given for withholding from the City a sum that could be usefully employed in much-needed improvements. The winter months are coming on, and there is not much prospect of abundant employment for labor.

Tho Corporation could use the money to good purpose, and we trust that no further impediment will be thrown in the way of its being handed over to them.