THE GLOBE. THURSDAY, FEBRUARY 26, 1880.

Globe, Volume XXII, Issue 1875, 26 February 1880, Page 2

THE GLOBE. THURSDAY, FEBRUARY 26, 1880.

The impounded land fund is impounded no longer. After two years’ delay this money, which was due *to the Canterbury local bodies in the end of 1878, has been paid over. The history of the detention of the money forms a very instructive chapter in the records of the colony, as being a deliberate attempt at a high-handed robbery by a Ministry which based its chief claim to public confidence on its assertions of a desire to conserve the people’s rights. We do not purpose to recapitulate the story, which must be already well-known to our readers. But there are one or two considerations in connection with it of which the public should not lose sight. It will bo remembered that when the Road Boards, despairing of making the Grey Government disgorge by any less forcible means, went to law, the judgment delivered by the Supreme Court was in effect that the Court had no power to interfere between the Colonial Treasurer and the local bodies. The fact was that the Legislature never contemplated the contingency of its own officers deliberately defying its laws, and had made no provision to meet the case. It might, however, have been expected that one such instance having been afforded, an early opportunity would have been taken of rendering it impossible that any incident of the kind should recur, and of so amending the law as to give the Courts power of dealing effectually with any future Treasurer who refused to obey its behests. This has not been done. Although three sessions have gone by since the case was brought into Court, nothing has been attempted in the direction mentioned, and in the event of a Ministry of as unscrupulous a character as the Grey administration once more obtaining power such things may be expected to recur. The probabilities may seem at present small that the country will over again be cursed with such a Government; but still it is a possibility, and fluctuations of parties in tho'colony, more surprising than that® would be, have already taken place. It is of course true enough that however inclined any Ministry might be to follow the example of the Grey Government in this respect, there will always be one effectual barrier to their furnishing a precise parallel to the brilliant illustration of lawlessness of that gifted Cabinet, namely, that there will be no surplus land fund due to the local bodies for the future. But nevertheless it is quite apparent that opportunities will never be wanting for a Ministry, which has the will to do so, to ignore the authority of Appropriation and other Acts, and if it so pleases, to exercise oppression, in the matter of finance, upon the local bodies.

Tho other consideration which it would be well that Canterbury and her representatives should remember in connection with this impounded land fund is this: — Although the portion of the fund which was latterly withheld pending the floating of the loan has now been paid, there is a further large sum which was originally withheld without law, and subsequently, after enquiry by a committee, placed into a sort of suspense account nominally as a fund for arrears of surveys. Since that time, namely the end of 1878, nothing has boon heard of it. It may have been expended; it may have been written off on some pretext or another, but at least some explanation of the maiter should be afforded.

A fear having been expressed by an anxious contemporary lest members of the Legislature who accept seats upon Royal Commissions were infringing tho Disqualification Act, it may set our friend’s mind at rest, and also allay any misgiving which his remarks may have created, if attention is directed to tho provisions of the Act in question upon this subject. We may at the same time be permitted to express the opinion that it is an admirable and an honorable thing on the part of our contemporary, who belongs to the pronounced Opposition, to feel so much solicitude lest two gentlemen, members of the Legislature who are on the opposite side in politics, should incur the disagreeable penalties imposed by the Act. It is not everyone who will take the trouble to warn a political opponent of a pitfall : and although in this case the pitfall was purely imaginary, it was of course believed to be real by the kindly-hearted spirit who uttered the warning, and the manner in which he hastened to the rescue should not meet with less commendation because he proves to have been the victim of his own fancies. The last of the many Disqualification Acts passed by the New Zealand Legislature, which became law in 1878, provides that all contractors and civil servants shall be incapable of belonging to the Legislature. But to tho term “ civil servant ” the Act applies a particular meaning, and also makes a number of exceptions to its general application to persons holding offices to which payment is attached. Among those exceptions are the following : —“ Nor shall it (civil servant) mean any persons as members only of any Senate or Council of any University nor members of a Royal Commission: provided that in the case of members being appointed as Commissioners, no more than actual travelling expenses shall be payable to them.” It will be seen, therefore, that although Sir F. Dillon Bell and Mr E. G. Wright can derive no profit from their recent appointments to the Native and Railway Commissions respectively, they do not by the mere acceptance of these appointments vacate their seats in the Legislature.