Provincial Council.

Lyttelton Times, Volume X, Issue 616, 2 October 1858, Page 4

Provincial Council.

OPENING OF THE SESSION,

The second Session of the present Provincial Council, and the tenth, reckoning from the commencement of our Self Government, was opened yesterday by his Honor the Superintentendent with the usual formalities. The place of meeting was appointed to be at the Town Hall, the chamber in the new Government buildings not being yet ready for use. At two o'clock most of the members were present, and shortly afterwards his Honor entered the chamber, and being received with the appointed ceremonies, proceeded to deliver the following ADDUESS. Gkntlemes,—On the opening of this the tenth bession of the Provincial Legislature I have to congratulate the province on the highly satisfactory state of its finances, and on the favourable growth of its social and commercial prosperity.

A reference to the statistics that will be laid before you will show that the material resources of Canterbury are steadily developing their value, and that the early promise of a yearly increasing rate of progression has during your late_recess been amply realised. As an additional reason for congratulation I may justly state that, notwithstanding the very short experience of the power of local selfgovernment enjoyed by Canterbury, the exercise ot that power has resulted in the production of a system, the working of which in its entirety lias been practically successful. The»)Ganeral Assembly of Few Zealand in its last bession has effected certain alterations in the constitution of the Provincial Governments, some of which I anticipated when addressing you on the opening of your ninth Session. None of ; these alterations (as they now stand)

I directly prejudice the particular interests of Canterbury, although it is to be regretted that measures have been enacted involving principles which beiiui thus already established may possibly in future parliaments bo extended with very mischievous results. I'lierc allude to the " Waste Lands Act" and the "Now Provinces Act." The latter statute in its immediate operation is not much calculated to affect Canterbury; and, so far as this province is concerned,*is only to be regretted as disclosing an animus towards Provincial institutions generally, foreshadowing the serious impairment of their legislative functions, and a subsequent, destruction of their usefulness as local governing powers. The Waste Lands Act, however cogent may have been the alleged necessity for its enactment, secins to have"been conceived in a similar spirit to that which originated the New Provinces Bill. By the Waste Lands Act of ISSS, the provinces 'are all but precluded from further legislation affecting their lands; thus, for the present is annulled a power, which, if wisely exercised, might have wrought incalcxilable adi vantage to each individual province, without in the remotest degree impairing the general integrity of the colony. With the exception of the two measures to which I have just alluded, the tendency of the legislation of the past session of the General Assembly appears to be eminently beneficial to the colony. Provincial powers have in some instances been taken over to the General Government with great propriety, it being evident that uniformity of Government throughout the colony is desirable in all those affairs wherein one consistent system of laws may be conveniently adapted for universal application. But, on the other hand, when local peculiarities and requirements of widely varying characters exist, it would seem equally desirable and rational that they should be provided for by substantive enactments in respect of each distinct case. And further, that in every instance purely local requirements would be best secured by a local government. Undoubtedly the Imperial Parliament when framing the Constitution Act acknowledged this position, and hence grew the power of local self government for the provinces.

j A combination of circumstances having for some 3'ears past rendered a general community of interest in the waste lands comprised within the limits of the several provinces a condition impossible, it was consequently found impracticable to administer those lands under one uniform principle. A distinct system especially suited to the exigencies of each province Avas found to be unavoidably necessary ; and, therefore, adopting this conclusion, the General Assembly of ifew Zealand, by its Waste Lands Act of 1854, virtually enlarged the powers of the Constitution Act in favour of the provinces by enabling them individually to suggest to the General Government the scheme of administration most in accordance with the particular condition of each.

Provincial legislation in the matter of the Waste Lands has been (in this province) sufficiently tested to convince the colony of its usefulness, qpd of thc'impossibijjty^of displacing it by any other system with e^ual advantage to the country. In this view of the case I confidently anticipate that the difliculty out of which arose the Waste Lands Act of 1858 "will during the next session of the General Assembly be obviated by a new process, and that Canterbury, in common with the other provinces, may have restored to her the full power to regulate the administration of her lands by local ordinance. I would here remark that although the Waste Lands Act nominally transfers the lands to the General Government, yet, by adopting the whole of the provincial legislation of Canterbury in reference thereto, it leaves the system of admin--istration hitherto in operation within this province substantially unaltered.

The General Legislature having added to our Colonial Code a great number of statutes calculated for general operationthroughout the colony, but little law-making remains for the provincial parliaments; thus leaving to your nearly undivided consideration the method in which shall be employed the very considerable revenue now at the disposal of the province: a revenue raised by a process which happily exempts the population of this favoured country from the pressure of direct taxation.

I have taken proper measures to secure for your guidance all necessary information on the various matters that will be submitted for your deliberation.

You will perceive by the estimates of probable revenue and expenditure for the present financial year, that I calculate upon resources perfectly equal to every undertaking that will be suggested for your adoption. The want of a more perfect means of communication between our principal sea-port and the plains, has long been a source % of great embarassment in the conduct of the commercial operations of the province. Having the advantage of a safeand commodious harbour perfectly adapted to a very large commerce—the germs of which commerce are now starting into vigorous growth —it has become a matter of the very highest importance that you should at once consider and determine the best method of securing the safe and expeditious transit of our marketable productions to the place of export. To this, end I shall transmit for your consideration a proposal to construct a line of railway from Lyttelton to Christchurch direct.

This line would involve a tunnel through the heights behind Lyttelton, and would from the expensive nature of such a work require a very large outlay of money. It will, therefore, remain with you to consider whether the ultimate advantage to be realized to the province by the completion of the undertaking in question would or would not justify the required disbursement.

There will be laic! before you all the information at present available having reference to the practicability of the undertaking, its cost, and the probable lapse of time during its progress to completion. These, however,are enquiries which cannot be satisfactorily answered except by competent engineering authority. I may, however, state that I have very high authority for believing that no formidable engineering difficulty stands in the way of this work. The ordinary public works arc. in an active

state of progression, and will be prosecuted with continued vigour in order to the opening up of new districts for purchase and useful occupation.

You will be highly gratified to learn that our Emigration Agent in London (Mr. Fitzgerald) lias made very favourable arrangements for the introduction of immigrants into the province in numbers, each year, sufficient to supply the demand for labour.

Among other matters that you will be asked to consider is the great necessity for a special provision for the construction and maintenance of public works within the limits of towns. To meet this necessity, I shall submit a measure for your approval.

Your attention will be drawn to provisions for various social wants, but I hope tlutt these ends may be accomplished without the enactment of many new ordinances.

I shall have to recommend the establishment of an institution very much required, viz., a hospital at Christchurch, for the reception and treatment of sick persons. Also an additional grant for educational purposes, in order that the several religious denominations may be better enabled to provide for the numerous children that are at present destitute of education in consequence of insufficient school accommodation.

You will receive a Bill to Amend the Cattle Trespass Ordinance—a Roads Diversion Bill— and Bills for the Regulation of the Gaol and Armed Police.

The several subjects I have briefly noticed, together Avith a consideration of various proposals for the extension of the public works, enquiries into the supplies necessary for carrying on the Government and defraying the current liabilities of the Province, will constitute the bulk of the business to which I shall invite your attention during this session.

Gentlemen, —I am happy in the assurance that it is quite unnecessary for me to remind you of the very serious responsibility owing to the province, the Government of which is committed to our charge. I have the greatest confidence that an earnest desire to secure solid public advantages will characterize your delibertions, and that all your proceedings will as heretofore furnish evidence to the world that Canterbury rightly understands the proper uses of Local Self Government.

Gentlemen, I have now to declare this Council to be duly opened for the transaction pf public business.

His Honor then retired, and the Chaplain, the Yen. O. Mathias, read prayers.

The Provincial Secretary then laid several papers on the table.

Mr. Cookson presented a petition from certain inhabitants of Lyttelton, praying for the appointment of an Honorary Town Board. The petition was read and ordered to be received.

It was announced that detailed accounts up to the 30th Sept. would be laid on the table on the 14th, and a financial statement made not later than the 21st, when the Government would.propose to move for a Committee of Supply. The House th«n adjourned to the 14th, on the motion of Mr. Ollivier.

Five millions of acres are occupied under pastoral licenses in this province. The rental will amount this year to about £10,000.

The balance in the Treasury on the opening of the Provincial Council yesterday, amounted to £25,619 ss. 2d. The expenditure during the last three months has exceeded £15,000.