PROVINCIAL COUNCIL

Hawke's Bay Times, Volume IV, Issue 181, 1 July 1864, Page 2

PROVINCIAL COUNCIL

Tuesday, June 28, 1863. The eighth session of the Provincial Council was opened at three o’clock p.m. The number of persons present to witness the proceedings was not so numerous as we have noticed on former occasions. The following members were present —The Speaker (Mr. J. Wilkinson), Messrs, d! M’Lcan, J. D. Ormond, J. A, Smith, P. Dolbel, J. Rhodes, M. Fitzgerald, W. Colenso, A. Kennedy, E. S. Curling, W. A. Richardson, and H. S. Tiffen. New Member. The Speaker read a letter from the Returning Officer notifying the return of Mr. "William Airey Richardson as member for the Country District. Provincial Accounts. _ The Speaker also read a letter from the Provincial Auditor covering the Receipts and Expenditure for the financial year ending 31st March 1864. The Clerk then read the minutes. Opening Address. His Honor the Superintendent then addressed the Council as follows ; Mr. Spealcer and Gentlemen of the Provincial Council :— The requirements of the Provincial service render it necessary that I should call you together for the despatch of public business. It must be a source of great satisfaction to us all to know that this Province has been steadily advancing to material prosperity, notwithstanding threatened dangers and the difficulties inseparable from a state of war which has been raging in other parts of the Island. During the period that has elapsed since I assumed the duties of the office to which you have elected me, this island has undergone one of the severest ordeals to which it has ever been subjected. The various eventful changes that have taken place are sufficiently recent to render any particular notice of them at present unnecessary. The war since the renewal of hostilities had assumed such wide dimensions that it was impossible to foresee how it might spread. The proximity of our northern frontier to the disturbed districts, and the danger of fugitives from the seat of war retreating within our borders, together with the large numbers of natives on the East Coast, rendered the position of the out-settlers at times very precarious. I therefore considered it my duty to use every effort to induce the General Government to afford this Province additional protection. The present state of the natives within the Province contrasts very favorably with their conduct 15 months ago, when the local journals had frequent occasion to record acts of aggression such as the stopping ofroad improvements, carriage of mails, breaking open a lock-up, and other violations of the law, which they are becoming aware cannot now be repeated with impunity. A combination of causes which it may be unnecessary to enumerate, and the timely precautions which have been adopted, together with the friendly disposition of most of the resident chiefs, which it has been my constant effort to promote, have enabled us to avert the calamities of war, to which all the Provinces iu this island have been more or less exposed.

The various interests—agricultural, pastoral, and commercial—indicate a wholesome state of prosperity, and reflect much credit on the energy and enterprise of its inhabitants. The Provincial share of the Customs Ecvenue has very nearly doubled the estimated receipts of the past year, and the exports may be computed to have increased in a similar ratio. The Provincial Treasurer has prepared a Financial statement, which will be laid before you, and I am glad to observe that, although various unexpected requirements have been met, the expenditure has always been kept within our income. I regret that the question of the apportionment of the debt between this Province and that of Wellington has not yet been adjusted—the Commissioners appointed by you to settle this question having failed in doing so. The correspondence on the subject will be laid before you, and it will be for you to determine what further steps should be taken in the matter. Prom the late address of his honor the Superintendent of Wellington to his Council, it appears that the General Government have given to the Executive Government of that Province the administration of its share of the Three-million Loan, and I shall invite your assistance in obtaining the same advantages for this Province, and in projecting a scheme for its appropriation. It is matter of congratulation to the Province that the facilities of steam communication have been so much increased as to enable us to have regular and speedy communication with all parts of New Zealand. When the war first broke out you arc aware that our communication with Auckland was confined to monthly visits by the Inter Colonial Eoyal Mail Company’s Steam Boats. The necessity for early information during such a critical time was so urgent, that acting on the advice of my Executive, wo found it necessary to incur

an expenditure for a fortnightly Steam Service ■which you will be to sanction.

Pursuant to a resolution of the Council which made provision for the repair of the “ Huntress ” Steamer, I have arranged with the firm of Messrs Vickery and Masefield to make the necessary repairs, and I am in hopes that in the course of two months, this boat will be ready to perform the service for which she is intended.

The system of assisted Immigration to the Province is likely to be attended with success. Already advices of 115 immigrants having left England have been received ; and 100 more are shortly expected to follow. A well regulated and steady stream of Immigration may by this means be kept up, which, taken in connection with the immigrants proposed to be brought out under the General Government scheme of Military Settlement, will be sufficient to meet the requirements of the place. It is my desire to avail of the valuable assistance of Miss Rye—a lady to whose disinterested efforts in the cause of immigration the colonies are very much indebted—in bringing out female immigrants, a class which you must admit are much required in this Province. The addition to the adult population from all sources during the past year will after the arrival of the Rangoon, bo upwards of 700.

Papers will be laid before you from His Honor the Superintendent of Canterbury respecting the Panama Steam Service, upon which I must be guided by your opinion as to the action this Province should take in the matter.

In reference to the progress made in the formation and improvement of roads, —the Provincial Engineer informs me that the main Trunk line from Napier to Eparaima, a distance of 65 miles is now open for horse drays and traffic, and is metalled, with the exception of 3£ miles from Havelock to Waipawa; so that mails will now be carried by horse conveyance as far as Waipawa.

Several new lines have been opened up during the last year, the most important of which is the Taupo Road, leading from Pekapeka to Patoka, and the military settlement at Pukititiri.

Also a line of road between Hampden and the Northern portion of the Rua Taniwha to Aorangi, shortening the distance to Napier from the Rua Taniwha Plains by ten (10) miles. Another road has been made along the banks of the Tutaekuri, from the Meanee flats to the Taupo Road at Puketapu, to avoid cuttings on the original line, which were too steep for horse drays, and which enables the settlers at Tutaekuri to reach town without crossing that river, except at the Bridge. Several minor roads have been made in the Mohaka and in theTautano Districts, and also a line connecting Petane with the main Taupo Road at Pekapeka, to facilitate communication with the military settlements in the event of heavy winter floods.

These works have been carried on by Mr. Weber with his usual energy and skill. The importance ot a tramway is becoming more and more evident, and while I do not wish to embark in any undertaking involving a heavy outlay, 1 feel that this is a subject which deserves to be kept under your notice, with the view to future action in this direction. At present we are importing large quantities of Timber from Australia and adjacent Provinces, while abundance of‘the finest description of White Pine, Totara, and Eimu, is actually within our reach, if only the necessary exertion is used to render it available.

I am in hopes that you will not allow the New Zealand Exhibition of 1865 to pass over without making an ellort to have some of the various productions of this province sent for exhibition to Otago.

I have considered the subject of a general Road Act and a Thistle Act, both of which were mooted in the last session of the Council. Before bringing in these Acts, I am of opinion that the former in particular should be referred to a Committee of thb Council. There are great difficulties in the successful working of any Road Act, owing to the peculiar circumstances of the Province. The subject of Tolls, which is involved in the ,Road Bill, is quite a new one as far as this province is concerned. The fact of a large portion of the Trunk roads of this district passing through native land increases the difficulties. The same difficulties present themselves in an act for the Eradication of Thistles.

The Drainage Act, if urgently required, may possibly be rendered applicable to such Districts only as are numerously populated, and where a majority of the landed proprietors apply for its being brought into operation. I invite the earnest consideration of the Council to these questions before any action is taken.

Whether regard be had to the present satisfactory state of the relations existing between the European and Native race in this Province —to the efforts that have been made to preserve its tranquility—to its present state of increased prosperity—or to its prospects for the future, —I can only add that if the result of the exertions that have been used by my Executive and myself have fallen short of possible expectations, it has been our constant endeavor to carry out to the best of our ability, with due consideration for all interests involved, what we conceive to be most beneficial to the welfare of the community at large. Mr. Fitzgerald moved that the Address be printed, which was seconded by Mr. Edwards, and agreed to.

Notices of Motion. . Messrs. M’Lean, Ormond, and Dolbel then gave notices of motion for next sitting day, the purport of which will bo found below. Consideration of Address. Mr. Fitzgerald moved that the Superintendent’s Address bo considered to-morrow.

Mr. Edwards thought it somewhat hasty to take a speech of that length into consideration so early. Mr. Coi.enso moved as an amendment that it be taken into consideration on Friday next. Mr. Edwards seconded the motion, which was agreed to.

Privilege. Mr. Colenso gave notice that, to-morrow, he should bring forward the question of privilege as affecting himself.

On the motion of Mr. Oemond, the Council adjourned.

Wednesday, June 29. The Speaker took the chair at 3 p.m. Present—The Speaker, Messrs. Colenso, Curling, Dolbel, Edwards, Eitzgerald, Kennedy, M’Lean, Ormond, Richardson, Smith, Tiffen. Privilege. After the reading of the minutes, Mr. Colenso said ho would say a few words with regard to the question of privilege, as affecting himself. Ho had seen a resolution which had been passed by that Council for the first time in print. (The resolution, which has already appeared in our columns, was then read by Mr. C.) What he had to say concerning this matter had reference more to the future than to the past. Ho thought such a course as had been taken with regard to the validity of members’ seats in that Council very unseemly, and was sorry to find that such a thing had occurred. But ho bore no ill will to those who had moved in the matter, and was willing to let bygones bo bygones. He would however testify to the manly conduct of the member for the town, Mr. Fitzgerald, who had retired from the chamber immediately the motion was brought forward. From that time to the present he supposed the Government had acted on that resolution; but he still held his seat, and His Honor had now selected him for a committee. He supposed that was meant as a kind of reparation. The member for Porangahau and the member for Clive had been the prime movers, and the Hawke's Bag Herald —the so called government organ, had expressed its opinion against his right to sit there. Five months, however, had past, and he still held his seat. Ho hoped that if such a thing occurred again, it would be done in a more temperate manner than it had been done before. Mr. M’Lean said that action had been taken by the government in the matter, as would be seen oy the papers now laid on the table. They had taken the opinion of the Provincial Solicitor, and they found that the Government could do nothing in the matter. It was a case for the Supreme Court to deal with. The Provincial Government had not power to issue a new v. rlt, and the matter remained as before. Re-arrangement of Provincial Acts. Mr. M’Lean moved “ That, a Select Committee be appointed for the purpose of examining the Provincial Acts in ftn’co in the Province, with instructions to report to this Council on the following points: —l. What Acts of the original Province of Wellington appear inapplicable to the Province of Hawke’s Bay, and should therefore be repealed. 2. What Acts - appear to require amendment, and the basis upon which such amendment should be founded. 3. What would be the probable expense that would be incurred in printing the Acts of the Province when their re-arrangoment is completed. Such committee to consist of Messrs. Rhodes, Tiffen, Ormond, Colenso, Curling, and the mover.” The motion provided for the appointment of a committee with a view to have the Acts in force in this Province properly compiled and made more clear and distinct. He would move also that the report be brought up on Tuesday, the 12lh July. Mr. Smith seconded the motion.

Mr. Colenso agreed to the appointment of a committee for such a good object, but would draw the attention of the mover to the impossibility of such committee being able to get Through "the work during ti.e time the Council was in session. He believed several motions of this kind had been brought forward before, but had never been acted upon. Mr. C. then alluded to a motion of a like nature in the Wellington Provincial Council, when it was stated by Mr. Borlase that the work to be done by the committee could not be accomplished during a sitting of the Council, and suggested that some editor or litterateur should be engaged to compile and arrange the Acts in force there. Mr. Ormond agreed that it was a very great task ; but he should like to see a start made, or the work would never get done. Mr. Fitzgerald did not see why the committee should not sit after the Council was prorogued. Mr. Tiffen supported the motion. It was true there was but little time during the sitting of the Council, but the sooner they began the work, the sooner it would be finished, and if there was not sufficient time, they must ask for an extension. The motion was then put and agreed to. Regulation and Management of Highways. Mr. Ormond, pursuant to notice, then moved—- “ That, in the opinion of this Council it is desirable that a Bill should be passed during the present Session for the future Regulation and management of the Highways of the Province. “ That such Bill should make provision for the following—- “ That the Public Roads of the Province shall be under the control of the Executive Government, excepting as otherwise provided for in the Act. “That in cases where application shall be made in that behalf by such a number of the inhabitants of any district as shall represent three-quar-ters of the votes of such district, the Superintendent shall proclaim the said district as subject to the control of a road Board, which shall bo elective and shall have full power and authoritv to assess rates for the construction and repair of any Branch road within the boundaries of that District. “That the necessary provisions shall be contained in the Bill for the manner of election of the Boards and all other matters connected with its powers and workings. “ That all drays and carts shall be registered with a view to levying a rate upon every cart or dray using a tire of loss than inches.” —This resolution might perhaps be said to be included in the former one, but the Government wished to get the business of the session working. The object of this motion was to arrive at a basis on which to found an Act which might be applicable to our requirements. The intention of the Government in this matter was to get at something like an idea of what was wanted, and ho hoped the Council would discuss the points contained in the motion, so that Government might have some foundation whereon to frame a Bill.

la some of the other Provinces provision was made for the establishment of Road Boards ; but their object was to give each district the management of its own roads. Of course there would be innumerable provisions required in a measure of that kind. He did not believe that Boards would work in some districts, but it would be well to leave their establishment an open question. There should be one general rule, however, with regard to the apportionment of votes. But the most important point, lie thought, was whether the Bill should be permissive or obligatory, and it would be for the Council to determine this. The third point in the motion was to enable the Government to keep the roads already made in a good condition. It had been found necessary to make some regulation with respect to the width of tires in other places. There was only one thing that could interfere with the working of an Act of this kind, and that was the difficulty of dealing with roads through native lands,—and they must not forget this in the making of rates, or in levying tolls. °

Mr. Colenso said he did not feel able to say anything witli respect to the motion, but seeing that they courted opinion, he thought they should have gone into the Wellington Road Act, and have pointed out what was unnecessary. Mr. Tiffen felt disposed to support the motion. They had now to wade through several acts before they found what was wanted, and he thought such an Act very necessary. The clause in reference to tires of wheels he had not seen in other Acts ; but it was essentially necessary. In other places drays were restricted to carry a certain weight, and it should be so here, for it would matter little as to the breadth of the tire if they put on such loads as would break through the crust of the road.

Mr. Rhodes thought it would be better to refer the matter to the committee already appointed to examine the Acts of the Province. Members seemed to bo but little acquainted with it, but ho did not see why it should not be compared with the Wellington Act, and the whole house might go into committee upon it. Mr. M’Lean said they were prepared to go into it then : but as it would open up the vexed question oftaxation for the first time, it might require a little more consideration. Rut they would leave it entirely in the hands of the Council -as to the course to be pursued. lie would second the motion, however.

Mr. Ormond said ho had merely tabled the motion, and did not press it, but would leave it open till to-morrew, so that the Council might give its opinion. The Act, as he had before said, might be made permissive or obligatory, which required consideration. Mr. Kennedy would propose as an amendment that the motion be postponed till to-morrrow. Mr. Richardson seconded the amendment. Air. Colenso should have made the same proposition, but he did not think they would be any nearer to-morrow. He then referred to the length of the Wellington Act, and said unless he stayed up all night, he should not be able to go through it. He thought however (he Government should be able to judge whether the Bill should be permissive or compulsory, as they had the benefit of the wisdom of other provinces. Mr. Tiffen said the Government merely asked the Council to give them some data on which to tnnne an Act. He should oppose the amendment. Mr. M’Lean said that the Government had taken the Wellington Act into consideration as well as others. They had not based their Billion any particular Act, but upon valuable informat ion afforded by the Provincial Engineer, and upon Acts that had been found to work well in Australia and elsewhere. If the Council! agreed with the motion, they were quite prepared to act upon it. Mr. Eitzgeradd asked if all the old.’Acts would be done away with. Mr. Ormond : Every one. Mr. Kennedy, after the explanation which had been made, would withdraw the amendment. The motion was then put and carried. The Superintendent then laid the following letter, in reference to the resolution, on the table:Colonial Secretary’s Office Auckland, 21st May, 1861. Sir, —I have to acknowledge the receipt of your Honor’s letter of the 16th ult, on the subject of proposed Provincial Legislature for the opening up, maintenance, and repairs of public roads in the province of Hawke’s Bay, and the extirpation of thistles on native lands. The General Government is not aware of any means by which Acts or Ordinances of a Provincial Legislature can bo made legally to affect native Lands, as the Constitution Act expressly forbids Provincial laws to be made affecting native lands.—l have the honor to be, air, Your most obedient servant, WILLIAM EOX. His honor the Superintendent, Rapier. Obstruction of Jioad. Mr. Bolded, pursuant to notice, asked the Superintendent— “ Whether ho has given authority to any person to erect gates across the public road leading along the bank of the Mcanee River ? and whether ho is aware that the said gates by their narrowness are a great obstruction on that road ? and whether if such authority has been given, the provisions of Clause IV of the Highways Act have been complied with ?” —ln bringing forward this motion, he might state that Capt. Russell had two gates erected on the road near Pukctapu, which he considered an obstruction. The Superintendent in reply said that no application had been made to the Government for the erection of any gates there, and that no leave could have been granted. He believed Capt. Russell intended to remove them, as they were invariably left open by those who passed through. The Council then adjourned.