Provincial Council.

Hawke's Bay Times, Volume 15, Issue 791, 30 May 1870, Page 3

Provincial Council.

TUESDAY, MAY 24, 1870. The Speaker took the chair at 3 p.m., and there not being a quorum adjourned the Council to the following day.

WEDNESDAY, MAY 25, 1870. Thb Council met at Ihe usual hour, and the minutes of the last meeting were read and confirmed.

Colonel Lambfbt (without notice) asked if any portion of the £I,BOO on the estimates for the South road was intended to be devoted to the road between Waipawa and Waipukurau ? His Honor replied that the sum named was intended to be devoted to all portions of the road to the boundary of the Province. Mr Doibel asked his Honor the Superintendent—

If he has received any answer from the General i Government to the petition of the Mohaka settlers presented by the member for Clive in the General Assembly; and, if so, whether they have given a just and due consideration to the destitute state, of the petitioners, and if there is any hope that the said petitioners will receive any assistance from the General Government, to enable them to return to their land, from which they were driven off in the raid committed by Te Kooti and his band.

—Mr Oemond said that the matter was one with which the General Government had nothing to do. In common with all petitions of a similar nature, it was referred to a committee of the House of Representatives, who decided that the Colony had no funds to devote to this and similar purposes. He was afraid there was little hope of the sufferers getting anything from the Colony. Captain Efssell, in pursuance of notice, asked his Honor the Superintendent — To direct the Provincial Engineer to inspect and report upon the most advantageous way of repairing the roadway, damaged at the bridge near Patangata, by the diversion of the Waipawa river. —lt was a very generally-received idea among the settlers in the neighborhood that the money appropriated last year for the construction of a bridge would be more advantageously employed in diverting the river into its original bed. —His Honoe said the Provincial Engineer found this to be the opinion of the settlers when he was in the district some three months since; and was also of opinion that the sum voted would not be sufficient to complete the bridge, which, was at present a very unsuitable structure, having been built only across a small creek from a swamp. The matter could be more generally discussed in Committee of Supply. Mr Ferabd, having obtained the sus" pension of certain standing rules and orders, introduced the Education Bill, which was read a first time, ordered to be printed, and the second reading appointed for next Tuesday.

Mr Kinross presented a petition from 32 settlers at Clyde, Wairoa, praying that the Government reserve, section No. 425 on the map, might be granted as a site for a building in which public worship might be conducted by any Protestant denomination, also to be used as a Sunday school and public library. —Petition read and received. The Council then went into Committee of Ways and Means to consider the estimated revenue; and the items were explained fry the Superintendent. Mr Feeabd asked the Superintendent for information about a block of 200 acres on the banks of the Wairoa river, leased for 21 years from the Maoris at an annual rent of £2oo.—Mr Oemond said he had examined into this matter, and found that the Province was annually paying to the natives the value of the land in fee simple. He had, therefore, arranged with the owners to retire from the contract; the Pro-

vince was two years' rent in arrear, and the Maoris had consented to waive their claim to this money, and receive the land back again. He thought in so doing he hacj not made a bad bargain. The Chairman having reported pro-i gross, the Council went into Committee of

Supply. Great discussion took place on the item "Night Watchman at Spit, £2B."—Mr Tiefen ask;>d whether or not the watchman was a policeman.—Mr Kennedy said there was no policeman at the Spit, and the watchman often acted as constable.— Mr Sutton suggested that he should be described as a constable.— Mr Febabd thought it was only right that this watchman should be subsidized by the Province, there being always so much valuable Government property on the Spit.—Col. Lambert asked if the watchman was under the direction of the Police Inspector.—Mr Carlyon moved the rejection of the item. The merchants should look after their own property, and not ask the Province to do it for them.—Mr Tiieicn should support the motion of the last speaker if the watchman was not under the control of the Inspector. If he was, he should be called a policeman.—Mr Kinboss said the man was sworn in, and was amenable to the Inspector.—Mr Feraed said that in former times, before the Province was hard up, there was always a constable kept on the Spit; and now that there was no policeman, and the merchants had subscribed to keep a watchman, it was only right that the Government, which possessed so much property on the Spit, should paj a portion of his salary. Tho Spit being the place where the trade of the Province was trans acted, where there was much traffic, and occasionally so many drunken sailors, a constable was absolutely required.— Mr Carlyon did not object to a policeman bting stationed there.—Colonel Lambert asked the amount of the watchman's sa» lary.—Mr Kinross said it was £LOO iu adtion to the vote of the Council. —Mr Rhodes said that the officer in question was mei'oly a district constable, and was so necessary and useful that ho thought no discussion could hare arisen on the subject. —The item was then passed, the word ."Constable" being substituted for "Night Watchman." Mr Kennedy moved that the item £175 salary of the Pilot and Harbor-master, be increased to £2OO. —Colonel Lambeut said the Harbor-master was a deserving officer, and did his work well. He should support the increase.—Mr Ormond would be glad to support the amendment. —Agreed to.

On the item ""Wairoa Pilot and Boat Service, £50," his Honok explained that, having received complaints that the native pilot was constantly absent, he intended to see if a European could not be obtained, who should receive one-half of tins vote, the other half to be paid to boat's crew, when required. On the item, "Provincial Surveyor, also Provincial Engineer, £400," his Honor stated that he had been unable to procure an officer in the place of Mr Ross for the former salary. He had, therefore, promised to the gentleman now holding that position the amount named in the estimates, subject, of course, to the approval of the Council. Referring to the- item, " Draughtsman, £200," he said that that officer had applied for an increase of salary ; but he could not recommend the Council to grant the application. The salary was a good one, and the draughtsman here had always been able to make a very nice addition to his salary by private work performed after office hours. The item, " Registrar of Dog Nuisance —Contingencies, £3," was struck out on the motion of Mr Sutton.

On the item, "Weighing Machine, — Contingencies, £10," Mr Okmond explained that complaints had been made that the weighbridge—which, having been sold by the Government, was now private propertj encroached upon the public road. Thi* item was placed upon the estimates in order to its removal. —Mr FeEAitD thought the sale of the machine was illegal, and the only course would be to resume possession and refund the money to the person who supposed he had bought it. If a Deputy-Superintendent could sell public property in this manner there would be nothing to prevent the next person who held that office selling the Government buildings if he felt so inclined. Public property was only vested in the Superintendent for the purposes of legal actions.—Mr Ehodss was quite prepared to defend his action in the matter. He sold the machine because it cost the Pro-

vince £8 or £lO per annum, yielded no revenue, was very rarely used, and only by the coal-merchants. He might have been legally in error, but he had the opinion of the Provinci 1 Solicitor to the con. trary. The sale was not unconditional, the present owner being bound by agree ment to keep the machine in order, and to weigh for the public at all times at the 9ame rates as those charged by the Govern-! ment.—Colonel Lambeut was glad thej discussion had arisen. No Superintendent should sell public property without the sanction of the Council. JSe would never be a party to paying for the removal. — Mr Kennedy was sorry to hear of the sale. The machine had been let. the previous year for £lo.—Mr Rhodes said the £lO had iieyer been received. —Mr Kennedy did not wish to cast any imputations, but a machine of this kind should alwavs be in the hands of the Government, for it was well known they could be made to weigh as a peison liked.—After some fur ther discussion, the item was postponed. On the item, "Expenses Weights and Measures, £5," Col. Lambert asked if the Inspector had taken any action in the matter.—His Honor believed nothing had been done in the past year, and this item had been put on the estimates in order that something might be done during the next.

Mr Paesons moved that the item, 4< Subsidy to Line of Coaches, £100," be struck out.—Negatived. Mr Febaed asked an explanation of the item, " Grant to Mr Garry in aid of arrears due on Artesian Well, £SO." —His Honor said it would be remembered that last year, with the intention of reimbursing Mr Garry, an Act was passed, levying a rate on the water obtained from the artesian well. The Government took steps to place Mr Garry in possession of the well; but he explained that the outlay required to place a person thero to collect the rate would be greater than the return. —Mr A'Peane considered this a peculiar case. Mr Garry had benefited the whole Province, and ho should support the item.— Mr Febaed asked if the fee levied by the Act was ever collected. He did not ap prove of an Act of the Council becoming a mere dead letter.—His Honob replied that the Act had been passed for the benefit of Mr Garry, but when the Government found the collection of the rate would be attended with loss, they did not feel justified in undertaking the expense.—Colonel Lambert strongly objected to such an improper application of public funds to private purses. Many gentlemen in the country had tried to sink artesian wells, and failed. They did not come to the Council for reimbursement.—The item was agreed to. The items relating to education were postponed pending the consideration of che Education Act. Mr Rhodes objected to the item, "Fencing in Botanical Reserve, Napier; buiiding cottage, starting and maintenance of gar den, £300." We certainly ought to have a botanical garden, but he objected to the site. It was ia an out-of the way gully, exposed to the fury of the north- westerly winds. Mr Sturm had tried the experiment of a garden in a gully similarly situated, and apparently well sheltered, and had had trees blown out of the ground. The proper position for such a garden was Clive Square—a place generally accessible to the public, and which, if fenced in and planted with rapidly growing trees —the acacia tribe, for instance —would show, in one or two summers, some return for their money.— Mr Tieeen thought the member for Clive was under a mistake. The proposed site had the same aspect es his (Mr T.'s) garden, and was well sheltered from the wind. —Mr Rhodes said that Colonel Hamilton, under this impression, once ordered his men to pitch their tents in the gully, around the well. The men had just got them pegged down, when a north-west wind arose and uprooted them all, and they had to go back to the top of the hill.—Mr Ferard did not think the financial condition of the Province would warrant this outlay, especially when such a necessary work as the lighthouse had not been undertaken.'—Col. Lambeet thought there were many more necessary works. There was the road to Wairoa, for instance, on which any amount of money could be spent (laughter.) lie was not so anxious about the lighthouse as the member for the Town ; he thought more of the roads. This £3OO, too, if addel to the £2OO already voted, might be very advantageously expended in turning the Waipawa.—Mr Tanner approved of the vote. We should not be behind other Provinces

,in this respect. Trees were much needed in this Province.' —The item was agreed to. The Council adjourned to 7.30 p.m. On its resumption, Mr Caelyon moved for the recommittal of the item of compensation to Mr Garry, and made a long speech on the subject. A bill was passed last session for the purpose of recouping Mr G-arry, and if he did not take advantage of it, it was no fault of the Council. It was not fair that the people of Wairoa, Porangahau, and other districts, should be called on to pay Mr Garry for sinking a well in the town. He did not believe Mp Garry had lost a farthing by the transaction. He might have sustained a loss on this particular well; but the result of his obtaining water was that he had since been employed to 6iak thirty or forty other wells, and had no doubt obtained large profits.—The Council, by a division, refused to reopen the subject. On the motion of Colonel Lambeet, the item of £6O for the Kerei u road was struck

out. On the item, "Strengthening Kgaruroro Bridge, £200," his Honor explained that this item was rendered necessary by the deepening of the river under the bridg; • which threatenpd to wash some of the piles out.—Mr Cablyon directed attention to the item of £1,300 expected to be derived from the toil-gate, out of which the revenue for this purpose should be found.—Mr Tannee said his colleague was quite wrong in supposing that the repair of the bridge had to be provided for from the toll-gate fund. It was all fully required for the maintenance of the roads to which it was appropriated.—Colonel Lambeet thought the bridge was the principal part of the road, and that it should be repaired from the toll-dues.—Mr Buchanan would oppose the motion of the member for To Aute. Long ago he brought forward a resolution that a toll should bo placed on the Ngaruroro bridge to provi !e for repairs; but the Council decided that it should be free. The toll-gate revenue could not support such a charge, and, moreover, was mainly contributed by the inhabitants of Meanee, Ciive, and Havelock.—His Honor said the matter was as broad as it was long. If any portion of the toll-gate revenue was applied to the bridge, an equal amount would haev to be taken from the ordinary revenue for the road.—Mr A'Deane said it was evident that the toll-gate fund had never been intended for the bridge. The question had been completely exhausted last session.— Captain Eusseil said this bridge was one of the main features of the great Southern road. It would be wrong to apply the toll-gate fund to a work of such magnitude as the one contemplated.— Mr Ehodes said it could never have been contemplated to apply it to this purpose; it was far from being sufficient. —The item was agreed to .on a division. Several other items having been considered, the Committee adjourned to Friday. The Oddfellows' Hall bill was committed, and reported to the Speaker as amended. Mr Ormond moved the second reading of the Sheep and Scab bill, explaining that it was a great improvement on the former act, the place of which- it was intended to supply ; being more concise, and several important additions had also been made. One of these related to foot-rot. The bill was by no means harsh in its provisions; but it was proposed to deal more resolutely with scab, which he was sorry to hear had now approached very near our boundaries. Dr Featherstou's sheep, hitherto considered clean, were now infected, and MrM'Lean's run alone divided the infected distrct from the boundary of the Province. —The bill passed its second reading, and was ordered to be committed next sitting-day. Mr Carlyon moved the second reading of the Licensing Act. The chief object of this act was to consolidate the five acts at preseut iu fore, and place the law in such a form that the publican might know his position, which was difficult to do under the present law. Two or three new prin« ciples had been introduced. For instance, licences were divided into two kinds, 10 o'clock and 12 o'clock, and the distinction between town and bush licences was abolished. For the 10 o'clock licences £25 would have to be paid, and for the 12 o'clock licence, £4O. He believed that one elfect of this alteration would be that some £lO per annum more revenue would be received by the Province. JN T o one could understand the present system by which licences were granted. As some of the penalties were altered, the act would have to be validated by the General Assembly j

'ps i* proposed to repeal acts of that body, {jvhi.ch the OojLincjLl could not ,do. The necessary power of suspending a licence, which he con'd not find in other sets, was also given. In the existing law jhe could find no power to licence the selling liquor on the race-course, or at the ahcatre. This had also been added.—The bill was read a second time, and ordered to bo committed next sitting day. The pouucil then adjourned.

THURSDAY, MAY 26, 1870. The Council met at 3 p.m. The minutes pf last meeting were read and confirmed. His Honor laid on the table the report ,of Mr Peacock relative to the Immigration fund j the memorandum of the sale of the weighbridge; and the Provincial Engineer's report on width of tires. Mr Buchanan, in pursuance of notice, pioved, — For leave to introduce a Bill to fix the salary of the Superintendent of Hawke's Bay. —Leave granted ; bill introduced, read a first time, ordered to be printed, and second reading ordered for Friday. Mr Wood, pursuant to notice, moved,— That it is expedient to amend clause 13 of the Toil-eate Act, or otherwise to provide for the main road through the Papakura Block being piaintaiued out of the funds accruing from tolls.

—•He had been requested by a section of £ his constituency to bring this matter before I the Council. The road was in the iramediate vicinity of JS'apier, and was to all in- c tents and purposes a main road. The i numerous settlers in the district contributed a Tery large proportion of the tolls, i and naturally felt aggrieved that they ob- ] tained no benefit from the funds thus de- - rived. He did not know that it was neces I sary to re-open the Toll-gate act—which i jpight be rather a serious matter—and he ' had no doubt that by a resolution of the I Council a little mat'er of justice like this might be provided for.—Mr PAESoNS se- • ponded the motion.—Mr TANNEE thought i this road was sufficiently provided for by the grant-in-aid.—Mr PARSONS said that the grant-in-aid was for the foimatron of a road,—quite a different thing from the maintenance of an existing one. —Mr Buchanan strongly objected to tampering -with an Act by resolutions. If it was considered requisite to apply a portion of the toll-gate fund to this purpose, let it be done by specific act. He should not greatly object to the reconsideration of that portion "of the act which appropriated the revenue; for he believed that instead of the Meanee district having made a good bargain, he thought it would have received more from the general revenue of the Province. At tLp time the Act was passed it was sup posed to be a great bonne louche for Meanee as it was estimated that something like £2,000 per annum would be realized from she gate ; but the estimate was very greatly in excess of the receipts, It would scarcely be expedient to re open the toll-gate question—if they did so they might expect a long sitting—but ho must object to attempting to amend an act by a resolution If the member for Haveloek wished for a grant for the maintenance of the road, he (Mr B ) would cordially go with him.— Mr CaelyoN said a resolution could not affect an act; it could not be altered except by an amendment act. He strongly objected to the proposed grant, as being for a private road. —Mr A'Peane said the member for the Country District was disappointed at the bargain he had made for his constituents, and grumbled accordingly. He (Mr A'D.) objected to these appropria tious' to any but trunk roads. It was made quite clear to purchasers of land in this district, at the time of sale, that they would have to keep the roads in repair.— Mr Osmond thought the member for Haveloek had better leave the toll-gate appropriation as it stood, and rely on the grant already placed on the estimates. This large sum (£2,000) was placed on the estimates in consequence of a report by \he Provincial Engineer, in which he stated that if certain works were not undertaken on the river bank it was not improbable that in the event of a flood the course of the river might be so diverted as to render the present bridge almost useless, and perhaps jnvolve the construction of another.—Mr ■\Voop, by consent, withdrew the motion. Mr Paeso-NS, in pursuance of notice, moved—?

That his Honor the Superintendent be pleased to, instruct the Provincial Engineer to furnish an estimate of the expense of erecting a bridge 14 feet from the Eastern to the Western Spit. -r-Hia Honoe said that during the past year he had had several interviews with \he. member for Petane on this subject. V&& S??s e 9W n a< * requested him to use

his influence to have this work undertaken, either as Superintendent, or in his other capacity as General Government agent. The G-eneral Government declined to have anything to do with the proposed work, as it was in the middle of a settled district, and should be a Provincial concern. In consequence of the request of the member for Petar.e, he had taken counsel of the Provincial Engineer, who had pointed out that to form an estimate of the expense, the whole matter would have to be very carefully gone into; the probable effect on the harbor, &c, would have to be considered, and therefore some considerable time would be necessary to prepare tho document. The Eugineer was at present employed in taking levels at Meanee; and as soon as that work was finished, he would j have to go to Patangata to examine and j report upon the proposed diversion of the Waipawa river. Another gentleman, Mr Towgood, had addressed a letter to him on the subject, to which he replied to the effect that the Provincial Engineer could not just at present report upon the subject. That gentleman replied in a letter of very unusual style; saying that the matter was one requiring immediate attention and that the Provincial Engineer must be sent to report on tho subject at once. In reply to this he (Mr 0.) merely acknowledged the receipt of the letter. From the causes he had mentioned, it would be late in the sesssion before they could reasonably expect the estimate asked

or. Mr KiNEOSS, in pursuance of no \ed—"That the site prayed for in the petition of the Wairoa settlers be granted." • -Mr Fekakd, from the prayer of the portion, concluded that the site was in •oality wanted for religious purposes.—Mr DuMOND thought the Council might grant ihe site on other grounds—as a site fir u Mechanics' Institute, for instance—the use }f which could be alio we I for Divine worship. It would not be a good precedent Lo make a grant for religious purposes—the Council would be immediately overwhelmed with applications itom all de nominations. There could be no o! jectioi to a grant for a Mechanics' Institute ant Library; but he should be sorry to see tin motion passed in its present form.—M: Tanhee believed in calling a spade a spade and saw no objection to the motion in it present form. In making this grant fo religious purposes they would only do wha had been done in every, private townshi; in the Province. It would be a shame faced kind of action to make this gran nominal y for a Mechai ica' Institute ; anc in fact, if grants were not to be made ft religious services he did not see why the should be made for public purposes.—M Rhodes would suggest that as the educi tional reserves at Clyde were all out of tl way, the Council should grant a section i the township for educational purpose Ibis would answer the obj-'ot desired, f every school in the country was occasior ally used for religious worship. Land wa not so particularly valuable tiiere that ; would bo any loss to the Province. —Th motion was then carried. Mr OEMO3SP, in pursuance of notic< moved

That Mr Carlyon be relieved from acting as a member of the Committee on the Compulsory Laud Taking Regulations, and that the names of Messrs. Newton and Kinross be added. —Mr Febakd said that by the rules of the Council his Honor, as mover of the resolution appointing the committee, should be himself a member. —The motion was agreed

The Council then went iuto committee on the Sheep and Scab Act, and at 6 p.m. adjourned to half-past 7. A large number of clauses having been considered, progress was reported, and the Committee adjourned. Mr Sttxion moved the second reading of the Oddfellows' Hull Bill, and the Speaker read the Provincial Solicitor's note on the bill, which suggested a technical alteration. On the motion of Mr Ferakd, the bill was recommitted, and the required amendment effected, after which the bill was read a third time and passed. The Council went into committee for the Licensing Act, and considerable discussion took place, principally on a motion by Colonel Lambert, prohibiting publichouses from opening on Sundays, which was negatived on a division. Progress was imported, and the Committee ad-

joumed. Colonel Lambert brought up the report of the committee appointed to consider the disposal of those runs the liceeses of which expire at the end of the year. The report recommended that runkolders should have

thß option of renewal ot licences for seven years at the rate of Id per acre; but if they declined these terms, the land to be opened immediately for public competition. The Council then (about 10 p.m.) adjourned to next sitting day.