Marlborough Provincial Council.

Marlborough Express, Volume III, Issue 109, 28 March 1868, Page 3

Marlborough Provincial Council.

WEDNESDAY, MARCH 18th, 1868. (Continued from our last.) The Estimates. Mr. John Godfrey questioned whether other members were not in a position to judge of these matters, as well as those in office. He then alluded to a large pile of blue books and official returns that had been built on the table beside his usual place during the forenoon’s recess. It was a little petty spleen on the part of the Government, because he had complained there was not a single document put on the table, and they had put a wheelbarrow full. [Mr. Eyes: I had nothing to do with it.] He was glad to find the head of the Government did not do it. He hoped the Government would not force on these Estimates in the absence of many members. He could not go into the figures submitted to them without considering, and he could not take them down when uttered. These figures were to be questioned. Before they went into the Estimates for the next year, they should personally know what their position was at the end of the present; that the sums would be voted he had very little doubt. But it would not matter much, for by the time the next Assembly closed, he hoped the province of Marlborough would be at an end. Mr. Eyes said it was all nonsense that they wanted to consider the Estimates, He defied them to show a single extra reduction that could be made. If not voted for, the offices would be abolished. There was no reason shown tor delay, and other members were anxious to go on with the work. On the pai-t of the hon. members, it was a desire to obstruct business for some purpose of his own. Mr. Wemyss said from correspondence between the General and Provincial Governments, no change could be effected till the meeting of the Assembly. Members would be much to blame if they did not, in hope of the sitting of the Assembly and how it might affect them, proceed to carry on the work of the province. The Assembly would not now sit till after the visit of the Duke of Edinburgh, at the end of July or August. The present Estimates lapsed on the 30th of June next, and they would then be without appropriation. If more funds should accrue than they estimated, they would go to public works. The laud revenue was what they had to look to, with the exception of the licenses, the estimates of which were not over the mark. The money for leases was paid in ad vance,-and with the financial year they would have two payments. The revenue was put below what they really expected to have, besides any advance from the Bank, if necessary. A division was then called for, with the following result:— Ayes, 3 : Messrs. J. Godfrey, Greensill, and Conolly. Noes, 6 : Messrs. Ward, M‘Rae, Carter, Eyles, Dodson, and Douslin. Declined to vote : Messrs. Eyes, Coulter, and Wemyss. The motion was therefore lost.

The Council then went into committee upon the Estimates, which were duly passed as printed, with the following exceptions. Upon the motion of Mr, Eyes, the item Provincial Auditor, £SO, was struck out— ■

provision being made for the office by an Act of the General Assembly.

Under the heading Havelock, there w as inserted rations, &c., £lO. Mr. J. Godfrey wished to know why no sum was put down for the Warden of the goldfields. Mr. Wemyss said that at present Capt. Mellish held the office, but the Government finding the receipts almost nothing, it was like ’throwing away a herring to catch a sprat. He hoped the offices of Resident Magistrate in this province would be done away, and another Act brought into opera tion superseding their action. Capt. Mellish would then resign, and it was not likely that there would be found a person in the district fit to fill the office that would take it. Even the Superintendent might hold the office, and disputants could come into Blenheim —no uncommon mileage—as cases were so few.

Mr. J. Godfrey held that the head of the Government had ill-feeling towards a certain Magistrate, and this was struck oft, whilst an explanation was only dragged out of them. About the three first officers in the province were knocked oft’—the inspector of schools, warden of goldfields, and inspector of public works. The reduction was otherwise merely nominal. It was very transparent to anyone.

Mi*. Eyes said lie must be very obtuse, for he couldn’t see through this transparency, but the lion, member measured other people’s corn by his own bushel. Regarding C'apt. Mellish, he had no ill-feeling ■ against him. The gold duty last quarter was only £3. The Sergeant of Police would not be required at Havelock but for the goldfield, and that was quite enough expense. " Mr. J. Godfrey saw the item newspapers fixed at £3. He had seen an amusing paragraph headed “ Put up the Shutters, John !” in a Blenheim paper, attributing to the Government some feeling which induced them to withdraw their subscription. Mr. Eyes explained that in making a general reduction, they considered £3 would cover what was required under the head of newspapers. Their object in taking in any newspapers was that when they advertised for tenders, &c., they might see the advertisements were inserted, and be able to check the advertising accounts. A paper had been struck off lately, because it was not the custom of the Government to advertise in that paper. They advertised in a Blenheim paper, and occasionally in the Picton one, and they trusted to receive the sanction of the Council to take two newspapers. ‘ The neAvspaper they had given notice to was of no use in the office, and therefore they discontinued it. Upon the motion of , Mr. Eyes, the chairman left the chair, and asked leave to sit again. - The Speaker resumed the chair, and the chairman reported progress. Mr. Dodson withdrew a notice of motion relative to the Cattle Trespass Act, until a future day. Mr. Eyes proposed that the Appropriation Act 1868-9, be read a first time.— Agreed to. Mr. Eyes moved that the Council ad journ till next sitting day. Mr. Robinson moved an amendment, • that the Council adjourn until Fridaynext, at 11 o’clock. Mr. Eyes assumed the proposer of the amendment wanted to go to the cricket match- on the following day, but he saw no reason that other members should ■ waste their time. He had spoken to 12 or 13 members, and they expx*essed no -'•desire for adjournment. He hoped the hon. member would not press it. Mr. J. Godfrey said he considered there ’ would not be loss of time to members. - Bills must be three days on the table, and • they would have nothing on Friday that f 1 they couldn’t do to-morrow week. Mr. Ward said he had come a considerable distance, and he wanted to get on with the work as quick as possible; one or two members might absent themselves or even pair off. Some that had already i- ■ left the Council understood they were to V Ago on with .the work to-morrow. Upon a division, the amendment waslost. P-C Ayes, 4 : Messrs. J. Godfrey, Conolly, Greensill, and Robinson. , ■ Noes, 9 : Messrs.,Eyes, Wemyss, Eyles, Ward, H. Godfrey, M‘Rae, Dodson, Redwood, and T. Carter. The Council then adjourned. A : • THURSDAY, MARCH 19th, 1868. yi. ‘ The Council met at 11 o’clock. Present: - .’ The Speaker, Messrs. Eyes, Wemyss, H. • Godfrey, Douslin, Redwood, Conolly, J. Godfrey, Eyles, Ward, Caiter, and M‘Rae. n o The Speaker said he had received a writ r ■-fordhe return of. Mr. G. Levien, for the district of the Pelorus.

Mr. J. Godfrey asked the Government to turnish a copy of the correspondence with Mr. Wrey. Mr. Wemyss said the Government had no objections. The Ferry. Mr. J. Godfrey asked how the Government stood in reference to leasing the ferry Mr. Wemyss said the lease of the ferry expired in June last. The lessee and others in this and other provinces had made offex-s to lease it, which were not considered satisfactory to the Government, consequently tenders were now called for. In reply to Mr. J. Godfrey, Mr. Eyes said the commissioners had made no repox’t of a classification \mder the Roads Act, 1867. Public Reserves. Mr. Wemyss moved—- “ Resolved—That whereas certain Lands were set aside and Gazetted as proposed Reserves by previous Superintendents of the Province of Marlborough, and were on application to the Colonial Ministry refused by them to be granted to the Superintendent for the time being, under the Public Reserves Act 1854, and whereas W. H. Eyes, Esquire, the Superintendent of the said Province did on the 23rd day of February, 1866, proclaim and declare that the said Reserves —namely, those published in a Gazette dated February 27th, 1866. should be considered to be again Waste Lands of the Crown, and should be dealt with in accordance with the regulations then in force for the management and disposal of Crown Lands, and whereas certain of the said lands having been so dealt with, the advisers of His Excellency have refused to grant the same to purchasers thereof, this Council is of opinion that a Bill should be introduced during the next Session of the General Assembly to legalise those sales, and to authorise the sale and disposal of the remaining unsold portions, and that his Honor be requested to bring before the House of Representatives a Bill for the above purpose, and that the Speaker do forward a copy of this resolution to the hon. the Speaker of the House of Representatives.” He said that the Waste Lands Regulations of the time required publication, the Gazette and tracings being provided. Still it was then in the power of the General Government to disallow reserves, which they did, and these became Crown lands again • as such the Superintendent had opened them for sale, and the Commissioner had declined to grant Crown grants for those sold. The matter was awaiting legal opinion or decision ; to leave no doubt upon the matter the motion was brought. The Provincial Government had been particularly careful, still reserving such lands as were or might become of use to the various districts of the pi’ovince. Mr. J. Godfx’ey asked if all or any of the lands included wei'e x’eqxxired for the x'ailway. Mr. Eyes ; Not any. Mr. Wemyss could not say particularly without reference to plans, but it would facilitate arrangements in a case like Mr. Wrey’s. Mi’. Eyes said the Government had scrupulously refused to pxxt up such lands on reserves on the pox posed line of railway, so as to keep pace with Mr. Wrey, should he sxicceed in his arrangements. The Validation A cts. Mx-. Conolly moved—“To ask the Superinteixdeixt, Whether it is the intention of the Government to introduce Bills to supply the place of those Acts which will expire with the Provincial Acts Validation Act.” He was not present at the opening of that Session, and he had been surprised at leading the Superintendent’s speech, which implied that Provincial Acts were illegal in some way. If they did nothing in the matter, all these Acts would necessarily drop. He would ask whether it was their intention to pass others with proper alteration 1 As regarded the Picton Town Improvement Act, which was useful for Picton, when the time lapsed, it would. Now was the time when the Council was assembled, to px’ovide for those thixxgs beforehand. Mr. Wemyss said that after receiving a copy of the Validation Act, they took the same view as the hon. member when he questioned the Validity of that Act, and they felt a difficulty in legislating, unless the pi’ovinces x'eceived fresh powers. The Assembly would either have to increase the powers of the provinces, of pass Acts themselves. It would be wasting time and money to pass an Act at present. If the hon. member would show that any Acts would be sufficiently valid if passed by the Council, the Government would not oppose, The Government felt the importance of some of the ixxeasures that were in abeyance, such as the Roads Act, which they could not carxy out. Romford's Petition. Mr. Conolly moved—, . “ That the Petition of Benjamixx Bomford be referred to a Select Committee:—Messrs. Carter, Greensill, Eyles, J. Godfrey, and the Mover.” He wished to amend it by inserting Mr. Greensill’s name for A. P, Seymour’s.

Mr. J. Godfrey seconded. Mr. Carter would wish his name excluded, as his time was not his own. He would be able to attend, and he wished to get away as soon as possible. Mr. Ward said by Standing Order 81, he would move that the committee be appointed by ballot. Mr. J. Godfrey asked if each member was obliged to ballot, as he would go out if that was the case. The Speaker : Yes. The following were then appointed by ballot : —Messrs. H. Godfrey, Eyles, Ward, Robinson, and the mover. The Council then adjourned. At one p.m. the Council re-assembled. Present : The Speaker, Messrs. Wemyss, Eyes, Robinson, Levien, Redwood, Douslin, Dodson, H. Godfrey, J. Godfrey, Eyles, Ward, and Carter. Mr. Wemyss moved the motion that stood in his name the preceding day, with reference to the unauthorised expenditure, and said tnis motion was again necessitated by the 14th clause of the Audit Act, as it required a majority of the whole Council. A division was then called for, with the following result:— Ayes, 11 : Messrs. Eyes, Wemyss, H. Godfrey, Eyles, Dodson, Robinson, Redwood, Levien, Douslin, Ward, and Carter. ISTo, 1 : Mr. John Godfrey. The Council then adjourned till halfpast two p.m. On the Council re-assembling, some notices of motion were withdrawn. Mx\ Redwood proposed that the Council adjourn till Tuesday next, at 11 o’clock. Mr. J. Godfrey would propose 2 o’clock, as it would be very difficult for members at Picton to get through in time. Mr. Carter seconded the amendment, which was carried, and Council adjourned. TUESDAY, MARCH 24th, 1868. Present: The Speaker, Messrs. Eyes, Wemyss, Douslin, levien, Redwood, Robinson, Dodson, Ward, H. Godfrey, Con oily, A. P. Seymour, M‘Rae, J. Godfrey, Greensill, and Eyles. The minutes of the previous meeting were read and confirmed. Petitions. The Speaker said Mr. Conolly had omitted to state when the Committee upon Mr. Homfordls case were to bring up their report. Mr. Conollyjwould say Friday. Mr. Dodson presented""a~petifibfi from Mr. C. J. Griffiths, respecting some land in Queen Charlotte Sound, which had been applied for by him. Plans had been made out and the Commissioner agreed to the application. Some time afterwards it was discovered that the Government had no power to lease. The petitioner prayed that the cost of the survey, plans, &c., should be refunded to him. The petition was received. His Honor the Superintendent laid on the table a copy of a letter from Mr. Wrey of date 30th December last; Returns of Expenditure ; Supplementary Estimates, 1868-9; and the Appropriation Act, 1868-9. He then moved—- “ That the ‘ Appropriation Act’ be read a first time.” Motion carried. Mr. Wemyss moved—- “ That the report of the Select Committee on the Standing Orders, brought up during Session XVI., be adopted by this Council.” Mr. J. Godfrey seconded. The Speaker ruled that as it required three-fourths of the members to pass any alteration of the Standing Orders, and that number were not present, and he could not put this motion. Cattle Trespass Act. Mr. Dodson moved—- “ That this Council respectfully request the Government to introduce an Act to amend the Cattle Trespass Act 1867, by introducing a clause giving power to the Superintendent to exempt any district from the operations of such Act.” He said he had no desire to sue the whole Act repealed. He considered it beneficial to many parts of the province, but hardly suited to more settled districts, such as his own.. He regarded it here as almost without exception in advance of the times, and rendered more apparent by the continuation of the floods, as the best feeding land was flooded and fences were swept away, so that it was impossible for owners to keep in their stock on such, occasions. Such a doctrine as that of fencing in their own cattle rather than others out was not suited to them. He had spoken to a number of those in this locality who had’ advertised, and they told him . they did so rather that others should not annoy them, than that they should, annoy others. The unfenced land here was the majority, and the settlers were running cattle over it. It was not expedient to mulct them, and it would have a very bad effect to do so, Animo-

sities and ill-feeling sprang up. He could not see any good could come from it. The unenclosed lands were not injured by cattle running over them. Horses, &c., eat off' the tussocks, and by feeding over the land produced a growth of clover and grass. The Council might adopt some plan by which the small settlers round the towns might have privileges, not at all interfering with the rights of runholders. After the last flood any one could have seen that it was impossible to keep cattle confined. An instance occurred last Sunday morning, where a working horse got out of his stable, and was walking along the road, a party who, owned ground near, watched the animal, and as soon as he put foot upon his ground, he called his servant and had the animal driven to the pound. A person’s horses or cattle might get out of a stable or paddock, be put into a pound without his knowledge and be kept there for days, and perhaps half-starved, as had been the case on a late occasion. He thought the Council should determine such portions of the province as the Act should effect. Mr. Douslin seconded. After a considerable pause, Mr. Wemyss said he did not rise as a member of the Government, but as he saw no other speaking to the subject. He could not agree with the words of the proposer. No doubt the Act would lead to some ill-feeling between neighbours ; but restraining legislation always had the same effect. He could not see that persons with cattle should be privileged to trade on their neighbours. A person cannot impound another’s beast till he has given public notice that he wishes to protect his property. As there was no commonage they must respect the rights of their neighbours. The hon. member, he thought, was under a mistake; the Act didn’t apply to the town. "When a town Act was in operation, legislation was subject to that Act. The suburbs in an agricultural district were just where an Act ought to be in operation, and where ground required to be protected from cattle, sheep, and pigs. No person had a right to keep stock unless he had sufficient to feed them ; or again, it would be unfair to determine what districts should be excepted, unless such districts were consulted, and agreed to it. It was a question between man and man—to protect one man’s property against those that had not means to feed their own stock. It was perfectly competent for a district to ask exemption from a rule, as was allowed in Nelson. He could only say as regarded persons putting advertisements into a newspaper, and bringing the Cattle Trespass Act to bear in respect of their land, that they did so for the protection of their own property. The liability to floods was just the reason for, and the necessity of the Act. People that did not own a blade of grass in the province turned cattle adrift to feed upon others. A division resulted thus— Ayes, 5 : Messrs. Seymour, Conolly, Robinson, Dodson, and Douslin. Noes, 7 : Messrs. Wemyss, J. Godfrey, H. Godfrey, Redwood, Levien, Ward, and M‘Rae. Declined to vote: Mr. Eyes. The motion was therefore declared lost. The Cemeteries Act. Mr. Wemyss moved—- “ That the ‘Cemeteries Bill, 1868,’ be read a second time,” Mr. Eyes seconded the motion. Motion carried. Mr. Wemyss moved “That the Council go into Committe upon the Bill, Mr. H. Godfrey in the chair.” Agreed to. Council went into Committee. Upon the motion of Mr. Conolly, the marginal words “in Gazette” were expunged; and in Schedule A„ section No. 1151, Town of Picton be inserted. Mr. Conolly proposed that the chairman leave the chair, and ask leave to sit again tomorrow, as he had not been able <to consult his constituents about the provisions of the Act. Agreed to. The Speaker resumed the chair. The Chairman of Committee reported progress, that the Cemetries Act had passed with the exception of Schedule B, and the insertion of three additionalclauses. The Appropriation Act. — Education. Mr. Wemyss moved— • “That the ‘Appropriation Bill, 1868-9,’ be read a second time.” - - • ••• - ■ Mr, Eyes secondedj the motion, which was carried. 1 ■ : r . Mr. Wemyss moved “ That the Council go into Committee on this Bill, Mr. H. Godfrey ?n the chair.” - - > The Council went into Committee. Mr. Seymour said it was not very usual to discuss an Appropriation Bill; but he had just come off a journey and had never received notice the Council was going to m'eet. ! No hint 1 was afforded to him that the Council was likely to meet, and he was in town on the 6th Feb. On the 12th it was determined to hold the Council on the 17th March. No good reason had been assigned for-debarring members from taking part in proceedings by such- hasty legislation.- ,He did not know till Saturday last, on his arrival* that the Council had met. He had noticed a considerable reduction in'salaries, and he regretted to see the Government had not placed any sum on the Bill for ! any public works whatever, nor for . Education.) [Mr, Ward; We haven’t got it.] When

a province was in a state of impecuniosity they must put their hands in their pockets to make roads, as had lately been done. There were some small sums on this Bill that might have been saved. Notices had been given to schoolmasters to vacate their offices'athne endToFJune. By neglecting education entirely theywo uld. be have been more to the welfare of the province, had some of the items been devoted to that purpose. There were the harbor departments, Havelock, £SO ; and contingencies, £so—a larger outlay than at Bicton. Havelock was surely not so important; and the Bicton department might have been diminished. The Wairau river mouth had always raised the question as to the absolute necessity for a harbor-master there. He considered there was no necessity for it. General contingencies, £4OO. Looking at the importance of education, a portion of that ought to have been devoted to it. Alteration of roads, .£3OO. They had always passed such sums, and they had not been spent. It was locking up money to the entire neglect of education. The present state of affairs appeared to him very sad indeed. He felt that the Government did not do their duty to the province, as they had neither proposed to appropriate any sum of money, or provided any means by a Bill brought to this Council for meeting the difficulty. Mr. Conolly said that when he remarked on the extreme haste of the Government to persuade the Council to pass Estimates within 24 hours of its assembling, the answer was that the Council only met to attend to matters absolutely necessary, and that the Council would assemble again in a few months. That was the reason alleged for their not bringing in some bills of importance, and such questions as that of education. He would test the sincerity of the Government to call the Council together. It was of the greatest importance that they met again soon, unless they were to be done away with altogether. He would move voting the Estimates for six months instead of twelve months, and to that end having the amounts in the Appropriation Act. Mr. Eyes said this would be a vote of want of confidence. He looked upon the proposition as such. It meant, if we vote you this, we have no confidence in you that you will keep your pledge. Its coming from Bicton showed that. Mr. Wemyss said the contingencies quoted by the hon. member, applied to the whole of the harbours, and he had to say that the larger sum was mostly spent in Bicton. As to the alteration of roads, they were already pledged to about £l5O to different individuals with whom they were in treaty for land. The hon. member should have taken their assurance, that after the sitting of the General Assembly, the Council would be called together. They must meet, and both the Superintendent and Speaker had mentioned the fact. M r _J. Godfrey said they were in debt £4,000, "'h’lTfflihe'se Estimates were voted four months in advance. They could not tell what might occur in the meantime, and the province might be wound up in a month. It was not a want of confidence in the Government, but to save the money of the province ; so that if that Council met again, which he believed it never would, they should have hold of the purse strings. It was the broad question whether they were justified in appropriating nearly £B,OOO, without a penny for education or public works. Mr. Goulter said the item of alteration of roads £3OO, was accounted for in this way, that the province had had no Act under which to work. They had to acquire lines of road under exorbitant prices. They had not the power to carry through the matter compulsorily, and had to submit to the terms of the owners of laud. By late legislation the Act had been validated, and they could proceed under it. It was in the power of the Brovincial Council to carry out any line of road they liked. It had been already decided to carry out some lines of road, and the sum was too small rather. Voting Estimates for six or twelve months was of little consequence one way or the other, but he would support the head of the Government, Mr. Ward said if any one was to blame for the early calling of the Council together, he himself was, as he had taken the first steps. He never thought of the member for the Awatere. It was with the view of having the opinion of the Council concerning the position in which the province now stood. He knew that some of the opposition wished to see the Council come to an end under any circumstances, as one of them had remarked outside, “ He would like to see it go with a run into the hands of the General Government.” It was an expression of annoyance that things did not go on as he wanted them. The early meeting of the Council was not called with any idea of members being away, names were never mentioned. He was as desirous of the promotion of education as any man, and he would be happy to see placed on the Estimates any sum if they could show where it could come from. The proposed savings would have made a trifling amount. If a subscription were taken round, they would get three times that amount, without nibbling or snapping at the Government. Many people did not send their children when schools were provided. It was never laid down that a Council sh6uld : provide means of education for everybody. That would be doing an injustice by precluding private enterprise. The best plan might be to provide it to the thinly peopled districts, and in the others to leave it to the people themselves. If they thought it would be best to propose a general educational measure, they would have to provide means by some general tax. But he would remind them that every man was poorer and less able to bear burdens, than he was twelve months ago. The Government were not conjurors or coiners that they could provide education. Mr. Seymour said the sums he had mentioned might be trifling, but they would have helped the Education rate, the Act was still in force, and they would realise £4OO or £SOO. It would not take a large sum to supplement that for keeping the schools already established. Mr. Eyes remarked that the last speaker had always disapproved of the collection of the rate. Mr. Seymour replied that he disapproved only because the rate was in an objectionable form, but he had always striven to get sufficient voted for supporting education. Upon a division, the amendment was lost. , Ayes, 7 ; Messrs, Eyes, Greensill, J. Godfrey, Seymour, Conofly, M‘Rae, and Tetley.

Noes, 8 : Messrs. Wemyss, Goulter, Robinson, Eyles, Redwood, Levien, Douslin, and Ward. Upon the motion of Mr. Eyes, the chairman left the chair. Speaker resumed ; and chairman reported progress. Mr. Eyes moved that the Bill be read a third time. The Speaker said it was always the practice to give notice. Mr. J. Godfrey said Standing Orders laid down that wherever discussion might occur notice was required. Awatere Reserve Sale Bill. Mr. Wemyss, in moving—- “ That the ‘Awatere Reserve Sale Bill, 1868,’ be read a second time.” Said that for years there had been a dispute between the proprietor of the adjacent run (Mr. Bursill), and the Government, as to the boundary between them. The river Bolton was but a small stream, and considering that the Trent, which was a larger one, would be a better boundary, and the land in question was farthest off, and not really necessary for shearing reserve purposes, it was proposed to sell it. Mr. Seymour would second the motion 'pro forma. But he would ask the Brovincial Secretary to : postpone it till tomorrow. He did not see what portion it was desired should be dealt with under the Act. He asked as member for the Awatere, and it might be of importance to those in that part of the country. Mr. Wemyss said it was the last notice on the paper, and it would stop the work of the day. Mr. Eyes had no objection to postpone it, but nothing could be gained by it. Mr. Bursill brought it before the Executive Council when Mr. Seymour was Superintendent, and it was given against him. After failing to gain his point, Mr Bursill petitioned the General Assembly. They sent it back to the provincial authorities. He (Mr. Eyes) agreed to reopen the case if there were fresh evidence, but he was not prepared with such. Accordingly, the Government with others agreed that the block was utterly useless for the shearing reserve, and might be sold. Since that the reserve, minus this piece, had been let. They considered it was better it should be sold than occupied without rent whatever by Mr. Bursill. The revenue derived from the sale of it, or on an occupation license would be of benefit to the province. Upon the motion of Mr. Seymour the debate was adjourned till next day. Mr. J. Godfrey wished to know if the Government were going to call for the expression of opinion laid down in such sounding style in the second paragraph of his Honor’s speech. Mr. Ward would state for the satisfaction of the last speaker, that the subject was not forgotten by the Government. He himself had been thinking over it night and day, and some of the opposition apparently. He had come to no decision, for he wished some expression of opinion might be started with reasonable unanimity, Upon the motion of Mr. Eyes the Council then adjourned. WEDNESDAY, MARCH 25th, 1868. The Council met at II a.m. Present: The Speaker, Messrs. Eyes, Wemyss, Carter, J Godfrey, Eyles, Conolly, Robinson, Levien, DouslJn, Seymour, Greensill, and Ward. The minutes of the previous meeting having been read and confirmed. Mr. Conolly asked leave of the Council to move that in Bomford’s petition, he be discharged from attending further meetings, and that the name of Mr. Seymour be substituted for his own. The Speaker said it would be necessary to suspend a standing order requiring notice, as there were not two-thirds of the members present. —The Goldfields. Mr. Levien moved—- “ That His Honor the Superintendent be respectfully requested to place upon the Estimates the sum of Fifty Bounds (£SO), for Warden of the Gold-fields.” He asked this on behalf of the diggers of the Wakamarina. There were 100 persons on the goldfield at present, 80 of whom were diggers, and it would be a great inconvenience to them to leave their claims to come to Blenheim. ■ It would cause much litigation, besides loss of time. Before leaving they would have to get protection, as they could not absent themselves from their claims more than 48 hours, and there were many who would take advantage if they did. Captain Mellish visited Havelock once a fortnight. The same salary being retained, it would give time for registering miners’ rights. He had every hope a fresh field would be struck shortly. One reef had been discovered lately which showed a fine prospect, and there were some places on the creek where fresh ground was being broken. He hoped his Honor the Superintendent would think.it worth his attention to place the sum on the Estimates. Mr. Douslin seconded the motion. ' )'

Mr. Eyes was sorry he was not in his place when the member for the Pelorus brought his motion. He had caught one remark, but miners’ rights did not necessitate the presence of a warden. The motion was premature, as the Estimates had passed. He could assure him without anticipating any increase in the goldfields, if it was seen necessary to have a warden to visit the field, one would be appointed under general contingencies. The office was really not dispensed with, as it would be combined with some others. He would pledge himself the office would be provided for, and he hoped the mover would withdraw his motion.

Mr.-J. Godfrey said he thought the Superintendent was wrong in saying it was premature; it was rather late. The real plea was that the diggings did not yield sufficient revenue to justify the outlay. But they must look to the amount these men paid towards the Customs duty. They might endanger their claims by coming to Blenheim, for no one might be present to give them protection. ’ Mr. Levien said the Superintendent might not bo aware there was the likelihood of some fine fields being opened shortly. A digger sometimes had little money, and ha might come to Blenheim, rain set in, and he be delayed here, incurring expense which he could not defray, all from being debarred from a local privilege, for the sake of a grant of .£SO a-year upon .a province’s-Estimates. The mjotion was carried. /v-fi O r) • Mr. Conolly moved that Standing Order No. 27, be suspended, to allow of alteration of one of committee. C

Mr. Seymour seconded the ’no!) • was agreed to. Mr. Conoliy movedcharged from further attend" new .> mittee on Mr. Bomfbrd’s petition, .■•.• id uw Seymour be appointed a member on that .■ ■.nmittee.” Agreed to. The Education Question. Mr. Conoliy said in moving—- “ That this Council requests the Provincial Government to introduce a Bill to amend the Education Act.” This was of considerable importance, and he Imped it would receive consideration from the Council. It was of general interest to all. He greatly regretted to see the necessity in the present circumstances of the province to omit any vote for education for the ensuing year. He could not agree with that part of the Superintendent’s address in which he stated the peculiar position of that province at present, was the reason of his introducing no Bill bearing upon the subject of education. It appeared to him exactly the contrary. There being no sum voted rendered it quite necessary that education should be provided for in some other way. As the present Education Act, unless backed by public money, could not be sufficient for the purpose, it behoved the Provincial Government to bring in some new Bill. This matter was a year ago referred to a Select Committee, and though they differed considerably in matters of detail, yet they agreed on the best mode of levying a rate. He was told the present Act was unworkable. It provided a certain amount of means by levying a rate of £1 upon every householder, and a further sum (to quote the peculiar wording of the Bill) of ss. per quarter to be paid by every householder living within three miles for every child between the ages of 7 and 14, capable of attending school. But there were no means provided for arriving at a return of such children. He was told that this clause had been abandoned till the present year. This year an attempt wa* being made to collect this further charge. The result was that the funds so provided would bo insufficient for the requirements of the present schools. The unfortunate result would be, as in announcements he had seen published, that the teachers’ services would probably be dispensed. Though inconvenient for members to remain longer, he hoped as the matter was of such importance that they would be induced to wait or adjourn the session for a short period, that this subject might be dealt wilh in a manner satisfactory to members of Council. It would be premature for him to state his own views, and it was not for a private member to bring in a Bill into the Council. The Government ought to do that, as having power aud influence to keep the Council together.

Mr. Eyes said education had always been a bone of contention in the province. Every member was anxious for some measure to meet the requirements of the province. Last session some dissatisfaction had been expressed at the present measure, though it had been originally passed unanimously. With the desire ot meeting the wishes of members, and getting an expression of opinion, the Government asked for the Council to report upon the principles ot a Bdl on the question of Education That report though received was not adopted. It dissented from the present mode of rating, and proposed that it should be upon property. The Government considered it useless to bring forward a Bill upon that report. As they had been told it was absolutely necessary that the rates upon property could be appealed against, they considered any Bill embodying such a clause would not receive the sanction of the General Government. The Roads Bill was a case in point, and they had been told by the Attorney-General that any Bill virtually constituting a fresh Court of Appeal, will be disallowed. If they passed a Bill and provided for no appeal, they would be doing a great injustice. The Government had sent the notices to the masters as a measure of precaution, as in the event of their not being able to provide funds, the teachers would have an action against the Government for three months salary. He hoped to be able to continue the support of education, although he considered the sum to accrue from votes and fees to be totally insufficient. The items on the Estimates they were compelled to pass, but it was different with education. It could be provided by the people voluntarily. He could not find out what position they would be in for the future till the Assembly met. He would object to the expense of printing a long Bill without an expression from the Council as to the principles to be embodied. Mr. J. Godfrey had heard the head of the Government say how ridiculous it would be should items not be passed, and they had money. But he showed great inconsistency, for he did not now say how ridiculous it would be if nothing were voted for education, and they bad money to spend. He could easily understand a rate on property would be a difficult question for the Executive as at present constituted. Nothing was being done in connection with the Road Act, it being a rate on property. He believed that in Picton and Blenheim the schools would have been better on their own management altogether, but in the country districts it was different. 0 There was no difficulty to keep up what no other province in this colony would throw up. Here they threw up everything of utility for salaries. The Treasurer and Speaker received exactly the same as before. The whole thing was a matter of compromise amongst the members of the Government. Mr. Ward said the last speaker never gave anyone credit for honesty. He (Mr. Ward) was prepared to give his time to the subject. Why did not they bring up the previous report, and not merely bark at the Government, then they could know the grounds upon which they might frame a Bill. It was an unhappy time in which to impose fresh rates. Everything was most important with some people when they wanted to attack the Government, or had anything to gain at an election. The mass did not send their own children to school. The attempt of the speakers was more like an attack at the Government than an endeavour to attain any useful end. Mr. Seymour intended to support the motion, but opposition to the Government was farthest from his thoughts, and he would venture to say from those of the mover. (Hear, hear.) The Government had large influence at that table, and in that light only they were the proper party to take steps. It was quite true that certain decisions in the Supreme Court had shown some Acts to be illegal, but as soon as it was discovered, means were taken to legalise them, which showed the desire of the Assembly to make them good. Mr. Womyss said if they passed an Act and it went to the Attorney-General, it could not be

rsilisod till the Assembly was in session. He ani'eii some Act would be passed to give ProCouncils power to frame such Acts, op the ViiV would have, to pass them themselves. v:,y Acts now passed could not be assented to, and they would be no farther forward. School-rooms were now provided for the districts. The Board looked at that particularly, feeling that the time would come when the districts would have to assist themselves in providing the teaching- It was preposterous to suppose they could go on year after year and provide nearly the whole expenses of education. Where there was no large income and few local taxes, it was high time parents and house*holders considered the matter for themselves. 1 .

Mr. Conolly, in reply, said they were told the Superintendent had not brought in a Bill founded on the report of the Educational Committee, because that report contained a clause rating property, and would cause a legal difficulty. Would no Bills containing rating powers be assented to by the Attorney-General ? It appeared absurd that it was not in the power of that Council to give power to collect rates. The Government said they had nd wish to stop any steps, but they were not in pos-? session of the views of the Council. How could they ttot at their views unless each member brought in a Bill ? The Government consisted of a quarter of the Council. Let them submit the measure they approved of; that course was adopted in all other matters. In reply to the member for the Clarence* he denied any attempt to bark at the Government,and that member was the first to commence by attacking the member for Tua Marina ; and as for his (Mr. Conolly’s) gaining anything at an election by doing so, he would say his seat was at least as secure as that of the member for the Clarence/ Without any censure on the Government, he thought his request anything but barking at the Government. Mr. Ward: I referred to the member for Tua Marina.—Motion put and carried. The Supplementary Estimates. Mr. Eyes moved — “ That this Council do now go into Committee' on the Supplementary Estimates,” ■ Mr. H. Godfrey to take the chair. Mr. Wemyss seconded. Council went into Committee. Mr. Eyes said there were only two items. The one was a necessary contract; and the other was for the repairs of roads and bridges, rendered necessary by recent floods. The chief part was the Taylor Pass road, which had been very much damaged. Just then it had been rendered passable by a private subscription list, and drays now passed through, but with some difficulty. An arrangement had been entered into with Mr. Dalton to put a bridge at the foot of the elevation, on the Picton road. Upon the motion of Mr. Eyes the chairman left the chair and reported progress. Mr. Eyes moved — “That the ‘Appropriation Act, 1868-9/ he now read a third time. ” A division ensued as follows : Ayes, 9 : Messrs. Eyes, Wemyss, Carter, Eyles, Robinson, H. Godfrey, Levieu, Douslin, and Ward. Noes, 3 : Messrs. J. Godfrey, Seymour, and Conolly. The motion was carried, and the Bill passed. Upon the motion of Mr. Eyes the Council adjourned. The Awatere Reserve Bill. At half-past two, the debate resumed on the second reading of the Awatere Reserve Bill, 1868. Mr Seymour was prepared to agree to the second reading. Upon the motion of Mr. Wemyss the Council went into Committee upon the Bill, Mr. Robinson in the chair. Mr. Eyes proposed certain alterations, and the insertion of 16 acres reserved fora cemetery, in the Fairfield Downs ; and two sections in Wairau Valley, which had been reserved for a halting place for stock, but was found to be useless for the purpose. Mr J. Godfrey said they could not alter the title of a bill. Mr. Conolly objected to the alteration on principle, as it was a dangerous precedent. /they were told it was a part of the Awatere Shearing Reserve; they might have gone away upon the faith of that, and a lot of sections at Picton been introduced. There ought to be another bill for the other portions of land. Mr. Seymour was surprised to hear of such amendments.- Had he gone away, he would have been more astonished when he heard that other lands had been inserted.

Mr. Eyes said the principle was the same. Mr. Seymour said the principle of the bill was that one particular piece of land was to be changed into Crown Lands again. Mr. J. Godfrey considered it would not be the same bill introduced and read The Chairman considered it was not competent to move the clause. 'hi

Mr. Eyes thought that when an explanation was given, there should be no objection. The Speaker said his interpretation under the 42nd clause of standing orders was, that it did ‘ not allow of anything being inserted, but the chairman had the same powers as the Speaker to put the suspension of standing orders. A division took place upon a motion to suspend Standing Orders 48 and 57. Ayes, 10 : Messrs. Eyes, Wemyss, Douslin, Carter, Levieu, Coulter, H. Godfrey, Dodson, Ward, and J. Godfrey. Noes, 2 : Messrs. Seymour and Conolly. Several clauses and a schedule of the lands were adopted. Upon the motion of Mr. Byes, the Speaker left the chair. . ' , - ,

The Speaker resumed, and the Chairman of Committee reported progress; the alteration of names of Bill, of preamble clauses, and the addition of a schedule.

The Cemeteries Bill. The Committee upon the Cemeteries Bill resumed. : ■ n -'"V'

Upon the motion of Mr. Eyes, Standing Order..: was suspended, and No. 7 in Schedule A was struck out. He said the Government wished to ; j leave the selection of trustees to the members of ... the respective districts. Upon the motiojamf different members, sche- * dule B was completed. The Bill passedtne Committee, and the Speaker resumed. ■ .v. ■>,»Vr 4V-* -I'rfffS : Mr. Conolly presented the report on Messrs. Bowden’s petition. The Council tbeh adjourned?;