THE Marlborough Express. SATURDAY, AUGUST 15, 1868.

Marlborough Express, Volume III, Issue 130, 15 August 1868, Page 2

THE Marlborough Express.

SATURDAY, AUGUST 15, 1868.

“ Guru me tlie liberty to know, to utter, and toergua freely according to conscience, above all other liberties.” —Milton.

The fact that the. Legislature of the Colony have under consideration a Bill, directly affecting the interests of this district in particular, would require that at least the public should know something as to its principles, and not be compelled to wait until it is brought under their notice by

the operation of a Court of Law. Such, however, was the case last Session, and we suppose would be this, for, although the Canterbury Rivers Bill has been referred to a Select Committee, at the instance of our representative (Mr. Eyes), avowedly for the purpose of making it applicable to this district ; yet no notice was given to the public, nor has it been consulted on the subject, and we are indebted, not to the Government or the Assembly, but to a private gentleman—Mr. Sinclair —for a sight of the Bill thus proposed to be foisted upon the public of this Province. Prom an extract from Hansard given elsewhere, it will be seen that this Act is likely to be made applicable to the whole Colony ; and while the Sele'ct Committee may modify or largely alter its provisions, there can be no doubt that many of these will remain, and as the repoit, which was to have been presented to the House on Friday last, has not reached us, we propose to show briefly the leading principles of the Bill—at the same time making a few remarks thereon. These main principles appear to be primarily to give the whole power of bringing the Act into operation into the hands of the Superintendent, who can proclaim districts, and appoint not less than three, or more than five Conservators, to levy the rates, and spend the money afterwards ! The only exception to this latter proviso being that if in any district there are one or more Boroughs under the Municipal Corporations Act, 1867, the Mayors of such shall be exofficio members of the Board of Conservators, which shall have control over the whole of the rivers in the district. They will be empowered to levy a general rate or assessment for any sum they deem necessary. The Bill assumes that any district so proclaimed by the Superintendent is at present under the operation of some Road Board or Improvement Act, and therefore provides that the Conservators shall assess or tax the district as a whole, taking or using the assessment of such Board as last made by its officers. The rate to be “ a certain Pound rate, to be from time to time fixed and publicly declared by the Conservators, of the full and fair annual value of the messuages, lands, tenements, and hereditaments, and other property rateable under any law for the time being in force.” The owners to pay the rates for the erection and making of all new works. The tenant or occupier to pay all rates for the maintenance of all such works. Tenants may pay rates for which owners are liable, and deduct the same from the rent payable. Special rates may be levied for works intended to specially benefit particular portions of districts. Clerks or collectors of Road Boards may be compelled under penalties to make returns as to the annual value of any such district or borough, or be examined upon oath when necessary; and in case of refusal or neglect to supply the necessary documents, the Conservators have- power to make such assessment themselves, and charge the same to such road district or borough. Conservators may, as often as they think fit, themselves enter upon and assess any "'property, or the whole, at the expense of such district. [ Resident Magistrates are to hear appeals against the rates levied, whose decisions Shall be final.' | All rates are to be collected by such Road Board or similar body, paying over fhe sums raised, through the Banks for the use of the Conservators. I The Conservators may pay clerks and [other officers, as well as any other expenses (incurred, either in bringing the Act into I operation, or working it afterwards. | One warrant of distress is to be sufficient against any number of persons refusing or neglecting to pay rates, &c. Tenants are to pay a proportion of rates levied according to the time they are in occupation, although not in occupation when the rate was levied. The Conservators may purchase lands, &c., for the purpose of widening or straightening rivers; and in case of inability to come to terms, two Justices will have power to determine the matter, if not more than £SO be in dispute ; but if above that sum, arbitration to ensue—the submission to which shall be made a rule of the Supreme Court. •The Conservators may borrow money on security of the rates for periods not exceeding 14 years. They may sue and be sued at law or in equity, but not be

personally liable, and they shall be paid for their services such remuneration as the Provincial Council may determine from time to time.

Constables and other peace officers are to obey all and every order and precept issued by Conservators. “The Conservators shall out of the moneys coming to their hands by virtue of this Act repay to the Provincial Treasurer of the said province, if demanded, all such sums of money as may have been expended by the authority of the Government of the said province in the execution of any works for similar purposes to those contemplated by this Act within any district which may be proclaimed under the authority of this Act between the day of one thousand eight hundred and sixty-eight and the commencement of this Act.”

As our readers will readily surmise, there is much in the Bill as introduced, which we entirely dissent from. The extensive powers given thereby to the Superintendent are far too large—in fact, it is a great farce—since he is to have the sole power, in his own person, of bringing in the Act, and proclaiming districts, whilst the levying of rates and spending them, is also done by him through his nominee Conservators. It seems to us that, rather than this, it would not only be better, but more economical to give the Provincial Government the power of levying taxes, and spending the money, instead of appointing someone else to do it. But we have always held, and ever shall maintain, that those who have to pay taxes, should also have the power of spending the money, and any law passed providing differently, will cause serious dissatisfaction among the contributors. The principle is identical with that originated by the present Ministry, of having Superintendents nominated f instead of elected, in which case the controlling power would be practically irresponsible to no one. As to the Mayors of Boroughs being ex officio member’s, it is not likely that there will he more than one in a district, and consequently he will be merely a dummy in the hands of the Superintendent’s nominee Conservators. Another grave objection is that the Conservators have unlimited powers of taxation—a very dangerous latitude for any body to hold, more especially where they are not directly responsible to the taxpayers. Their receiving remuneration for their services is also an objectionable feature, since there are a sufficient number of persons directly interested in works of this character to give their services gratuitously. But granting that they should be paid, we shall not be singular in our opinion that the Provincial Council is scarcely the best body to be entrusted with the power of voting the money, which coming out of the rates collected, would be a strong inducement to “staunch” supporters. We do not condemn the whole Bill, however, because of defects in detail, for there are some portions which we can heartily approve of, as for instance the levying of rates in a gross sum upon any Road Board, Board of Works, or other like body in the district, since this would save considerable expense in procuring a second assessment, collection, &c., the same officers doing the work at little or no extra cost; the Boards handing over to the Conservators a lump sum.

The rates being upon the annual value or val/ae to let of all property, inclusive of buildings and other improvements, is the same principle as that we objected to in discussing the Municipal Corporations Act, but appi’oved at the recent public meeting held here, it is the basis of nearly all the Taxation on Property; but we believe an acreage rate stands no chance of being carried in the Assembly, otherwise we should prefer to see Land only taxed, and not the improvements. We do not see anything unfair in compelling Owners of property to be at the expense of erecting new works, while the tenant has to pay for their maintenance, as the value of property will be enhanced where works of the kind contemplated are carried on, making their cost only a further investment by the owner, the occupier having to pay in the end. The clause enabling the tenant to deduct rates payable by the owner from his rent, seems an admirable provision in the case of absentees, who will be compelled to spend a portion of their gains in the place where they raised them.

Some doubt was expressed at the last meeting as to the power of the Conservators to remit the monies now being subscribed for expenditure at the Wairau overflow; but the Bill before us provides that any monies expended Avith the authority of the Provincial Government between a retrospective date to be yet filled in, and

the date of the Act being brought into operation shall be refunded, if demanded, therefore if this clause passes, we see no reason why this operation should not take place, and their money returned to those persons who have so handsomely come forward this week for the purpose of enabling operations to be commenced immediately. In conclusion, it is quite possible that the watchfulness of our representative, Mr. Eyes, may yet foresee the defects we have indicated, and that the clauses may be so altered and amended in Committee, as to make it more workable, and acceptable to the people at large ; but it is a sine qua non that the ratepayers should have the power to elect the body who are to carry out the operations of the Act.