The Lyttelton Times.

Lyttelton Times, Volume X, Issue 611, 15 September 1858, Page 4

The Lyttelton Times.

Wednesday, September 15. So much misapprehension appears to exist in some quarters as to the purport and effect of the Waste Lands Act of the late Session of the General Assembly, that it will he well to divest our readers of that fear which proverbially surrounds unknown dangers. Before considering the reasons which induced the Government to propose and the Assembly to pass the measure now before us, we may state that no change is made in the practical working of our Land Regulations, and that none is apparently contemplated. Our Land Revenue is untouched ; the Provincial Council will vote the expenses of the Land Office, and the Superintendent will control and regulate the department as heretofore. All that is retained by the General Government, and we cannot but think necessarily retained, is the ultimate control over the manag-ement of the Waste Lands. This ultimate control is an important part of. the security which the General Government gives for the loan guaranteed by the Imperial Parliament.

Let us put aside all declamation as to the rights and wrongs, and look into the facts of the case. The Imperial Government not only disallowed the Waste Lands Act of 1856, but also sent stringent instructions to the Governor, instructions which were laid before - the General Assembly, to the effect that the provinces were on no account to be allowed to legislate upon matters which might affect the security for the guaranteed loan. More- j over a despatch was received by the Governor, and also laid before both Houses, throwing a doubt on the validity of everything done under the Act of 1856, because it was maintained that that Act was illegal db initio as controverting an express provision of the Constitution Act, which prohibits the provinces from making laws affecting the Waste Lands of the Grown. It must be allowed that it was necessary to do something, when so serious a doubt affected the position of purchasers * under the Act of 185 6. >

It has been asked e< Why not fall back upon the Act of 1854, which allowed the Governor to proclaim Regulations in any Province upon the recommendation of the Superintendent and Provincial Council ?"- If any person considers this question candidly, it will be obvious to him that no Governor would be justified in acting under the law of 1854 in the face of the instructions transmitted to him and of the ' Imperial Loan Act. It could never have been intended that the Provincial legislatures should by a side wind legislate without restrictions on a subject on which the General Legislature could only act subject to the assent of Her Majesty. An Act was evidently required to quiet doubts as to the validity of existing* law. After a fair consideration of the question, we agree with those who say that if the ultimate control over the waste lands had not been left in the hands of the General Government, the Colony would have laid itself open to the charge of obtaining money under false pretences. We have been largely trusted, and we must be very careful of our credit. The Imperial Parliament, with a liberality and generosity quite unexpected even by some of the most sanguine, guaranteed a ioan of half a million, in the full conviction that the bor-' rowers (i. c. the General Government, and not the Provincial Governments) had a real control over the security that was offered, that is over the Territorial as well as the Ordinary Revenue. Are we prepared to act with good faith, or to take our stand on strict legal grounds ? It may be said, " The Imperial Parliament ought to have looked more narrowly into the soundness of the security ; —they ought to have taken greater precautions before guaranteeing so large a sum;—but having done so they must not complain if we take advantage of technical points enabling us to evade our obligations." Is this an honest argument? Would we have been satisfied if it had swayed the Assembly 1 No, we cannot complain of the passing of the " Waste Lands Act." We obtained the loan by giving a lien-as it were on our ordinary revenue and waste lands to the Home Government. ■By means of this loan wo have obtained the control over our land revenue; and that land revenue which was only assured to us by resolution of the House of Representatives is now confirmed to us by Acfc of the General Assembly. So long as nothing is done tending to shake the credit of the colony, tho General

TJovernment Ims left itself no pretext to interfere with local management; but we would ask our readers whether. th e security on the waste lands would be a valid one, were late Welling ton vagaries to be uncontrolled. The game lately played in that Province with the £5000 and the spectacle of rival politicians (and those' not the least influential) bidding, for popularity by promising free grants of land to the public these are not satisfactory pledges that public faith will bo kept.

We have not time now to enter in detail upon the different provisions of the Act, which we shall publish in our next issue for our readers' information. Several points in it show that Canterbury legislation lias been carefully excepted from interference. In conclusion, we may repeat again with respect to this.Act in particular what we said last Saturday generally :—that it lies with the General Government to prove that its aim is practical improvement,, rather than officious and theoretical reform.

Let the routine work go on now as smoothly as possible in its established channels. Let well alone. JS Te moveas Camarina.