MUNICIPAL COUNCIL. Auckland, Saturday, April, 17, 1852.

New Zealander, Volume 8, Issue 629, 24 April 1852, Page 2

MUNICIPAL COUNCIL. Auckland, Saturday, April, 17, 1852.

Present : — His Worship the Mayor ; Aldermen Dignan, O'Neill, Powditch, and Mason ; Councilloi-s Davy, Hay, Abraham, Newman, Ilaultain, and Taylor. The minutes of the last meeting were read, and, after some conversation on a supposed informality, pointed out by Mr. Abraham, they were confirmed. Councillor Abraham -was very desirous to correct a statement in the New Zealander's report of a remark of Mr. Newman's in the Council on that day fortnight, in reference to himself. Mr. Newman was represented to have said that he (Mr. Abraham) had accused the Committee of the whole Council of " irregularity in its private meetings ;" whereas, Mr. Newman, in calling for the minutes of the private meeting to be read, merely referred to his (Mr. A.'s) remark that these meetings were not regular. It was well known that the remarks he made had reference to the irregular mode of holding those meetings — what he said as to the pioceedings in the meetings was expressed after Mr. Newman had sat down, and was only dragged from him by observations which fell from the chair in a later part of the day. Mr. Newman said the remarks he had felt it his duty to make on the charge of irregularities in the proceedings of the Committee had reference more especially to what fell from another member of the Council relative to the minutes not having been signed. [Mr. Abraham certainly accused the Committee o irregulanties in its proceeding*, as well as in dm private holding of its meetings, and did hay that the reading of the minutes would not he sufficient to give any. thing like a true view of the tone and manner in which the proceedings were conducted. The i\la\or, as well Mr. Newman expressed a wish to have the minutes read openly, that the impression likely to have bien made on the public mind by Mr. Abraham's remarks should ho removed. There was no need thus to call for the reading of the minutes if Mi. Abraham were understood merely to have reference to the irregular manner of 1 olding the meetings.] _ Councillor Abraham again rose to ask the Mayor a question. He had heard a good deal about public works being stopped, and he wished to know from his Worship whether he had not once intimated to the Council that he understood the Lieutenant-Governor to say that the Government would continue the Works. The Mayor said that a letter had been received from the Colonial Secretary, before His Excellency's departure for Wellington, stating that the New Wharf and Hospital were the only public works the Government would continue to carry on. At a subsequent interview with the Lieu-tenant-Governor, His Excellency intimated that the money voted by the Legislature for roads in this district was in hand, but the Government did not wish to expend an/ of it, lest the Council, when it thought fit to undertake the roads, might expect the whole sum. His Worship then had stated to His Excellency that in the event of the Government proceeding with the works, until the Council saw its way clear to take them upon itself, whatever balance remained would be all the Council would look for. His Worship then understood that the works would be proceeded with by the Government. The Town Cleric referred to the minutes, and read an extract shewing- that what the Mayor had stated was the same in substance as what he reported to the Council on a former occasion. Councillor Abraham then enquired whether the Town Clerk had intimated to the Government the appointment of a Town Clerk and Treasurer, and if so, whether these appointments had been approved by the Governor in accordance with the provision of the Charter. The Town Clerk said that the Government had been duly informed of the appointments, but no inthrfation of them having- been approved had yet been received. Councillor Abraham said he merely made these enquiries to shew the public that the Council was not to blame if public improvements were not being made — they wove quite alive to these things, and willing to go on if they had the means. Alderman Powditch had received a communication from the Wardens of his own Hundred ; it was addressed to himself, and therefore it would not be formal to have it read to the Council, but he would ask leave to lay it on the table — agreed to. Alderman Powditch then brought forward an address to the Governor-in-Cbicf on the subject of the Native Land Puchasc Ordinance, which lie intended now merely to lay on the table. He believed the necessity for the Ordinance no longer existed, for it appeared to him that its object was to remove from native lands troublesome persons whose influence with the natives had been found to be mischievous in the time of war, but as all now was peaceful, there was no need to perpetuate a system which the Ordinance upheld that in his opinion was unconstitutional and unj übt. The worthy Alderman read the Ordinance and commented upon it; and after further observations read the following address, which he said he had thrown together in the hope that it would be improved by other members of the Council. " The Municipal Council, in presuming to lay the present Address on the subject of the Native Land Purchase Ordinance, before your Excellency acknowledge that the consideration of such matters is properly beyond the province of their functions. Nevertheless they humbly solicit

your Excellency to listen to their. npp oa ] belicv" ing th.it in urging the subject on yom> Excel" lency's aitontion they eclio the voice of th e people ; and because they must at pro-^nt consider themselves as the only body lively chosen to represent the large population within the present limits of the borough. '•' Under the influence of these sentiments, we beg permission to state that, admitting the propriety of so stringent an Ordinance during periods of war or rebellion, we respectfully submit that the urgency of such not only no" longer exists, but that from the complete restoration of friendly feelings on the part of the Aborigines towards the Europeans of the Southci n Province, all motives for the continuance of refilling to the Aboriginal Subject the Constitutional right freely, and according to their own determinations, to let, sell, or in any other way use their law ful right to their landed possessions, is totally removed, — and that the assumption that the Aboriginal may sell his land, while his fellow subject of European origin is prohibited from Lease or Purchase, is a measure unworthy of a great nation, and entirely subversive of the Aboriginal, in depriving him of any chance of obtaining a lair pi ice for his land through the effect of public competition. "We humbly beg to express our conviction that the system now established of purchasing large blocks of land by the Crown — embracing the necessary consequence of separate locations for the Aborigines — is not congenial to their customs and habits, and is marking by a painful comparison, distinct lines of separation between the Aboriginal and British subject, which, in our estimation, it is exceedingly desirable to remove. "Considering the rapid progress making by our Aboriginal fellow-subjects in Agricultural and Mechanical Arts ; immediately fitting them to become able coadjutors in developing the internal resources of the Province, it is most desirable that a mutual interest therein should be fostered, which would naturally result from purchases, or leases, effected directly between the two classes of subjects, and which we suggest should be subject to reasonable pre-emption fees, scrutiny, and limitations of a fixed legal character. " Your Excellency must be aware that there are considerable tracts of land not immediately ap_ propriated by the owners, and that their indusl trial occupations, as well as the want of means and knowledge of improved systems of culture induce them to produce on such spots only as are from natural circumstances best' fitted to their peculiar habits, leaving extensive intermediate lands utterly waste, and which the capital and skill of British energy would advantageously occupy, especially by grazing,— and that such contact and exhibition Avould more readily reconcile the Aboriginal to those occupations which must in all new lands accompany, if not precede, the first efforts towards a good system of permanent culture, upon which this Colony and Tts ability to maintain itself against more wealthy and advanced rivals mainly depends. " We must readily admit that the dispersion of [i large body of British subjects among the aboriginal population presents a seeming obstacle in the consideration of a good and complete system of government, which to strangers might appear insurmountable. But, versed as we now arc in native character and habits, we see no requirement for interference of a stringent character in favour of Europeans, — and we feel assured that the good sense of persons choosing to locate themselves among a Native people, would suggest not only a careful good conduct on their part, but also the advantages arising to them by giving- at all times due credit and weight to the influence of the native Chiefs. Under which system they would enjoy the same peace and safety so amply enJoyed by the European occupants in these Northern portions of the Colony prior to the introduction of British power. " Your Excellency no doubt is fully aware of the disadvantageous comparisons under which the Province at present labours. In some of the Southern Provinces, from the absence of a native population, large tracts of country are open 1q public demand, and in neighbouring colonies, the late discoveries peopling their interior wildernessess, causing an unusual inducement to emigrants ; is drawing from this numbers cf the middle men and operative farmers — whose limited capital under the -present system, dvsatoks them from obtaining properties of sufficient extent to enter safely on such rural undertakings as are not yet more beneficially done by the Aboriginal race. " We are led to understand that individuals have been favored with licenses either for squatting on native possessions ; or that such licenses have been issued to occupants whose claim to possession has not been reported on, and that similar license also has been refused by your Excellency upon unexplained motives, by which principle the public are not assured in what way such privileges may be obtained ; which has acted as a powerful check to new emigrants, as well as former settlers, against any attempts to pushingtheir industrial operations into such interior districts as would be favourable thereto ; and in such wise has operated seriously in checking the progress of the Province. " But as it is not competent in us to require an official return of such cases, we respectfully pray your Excellency to publish such information in detail, stating 1 the names, stations, extent of land, and such other particulars of such licensed persons if any ; and also a clear detail of the regulations, laws, or principles upon which any other persons may found a claim to such indulgence. " As we believe the very existence of the Ordinance in question to be injurious to that mutual good understanding which has always bsen subsisting in these Northern parts of the Colony, from times long antecedent to the annexation of these Islands' to the British Crown ; and fostering a supposition of a danger in mixing freely beyond a supposed line of judicial demarcation, we humbly and respectfully beg your Excellency to cause the said Ordinance to be as being in the present state of the Colony inimical to its best interests. " And we further pray your Excellency to recommend to her Majesty's Government, the necessity of permitting the free purchase, and leasing, of native lands, as the most effective and rapid means for the devclopement and prosperity of this Province ; which would inevitably cause an increased demand for British goods, and enable the Colony at a much earlier period to be in a condition to support and maintain itself ; as well as afford effective aid, to the interests of the British Crown in these parts." Councillor Hay postponed till next meeting his motion on the subject of extension of time in payment of the purchase money of Crown Lands. The Council then resumed in Committee on the Reports of the Town, Suburban, and Rural Roads Committees. Alderman Powditch brought up the Report of the Sub-Committee of the whole Council, appointed on the motion of Alderman Mason. Report of the Sub-Committee appointed by the Committee of the whole Council, on the 10th April, 1852, for the purpose of pointing outthe inadequate Endowments of the Corporation, and for furnishing- vu.ch instructions as they may deem necessary to a Deputation, to be appointed to wait upon his Excellency the Governor Referring to the Reports which have already been laid upon the table of the Council, by the various Committees on Public Works, Town, Suburban, and Rural Roads, your Committee consider it would be a waste of time to go into them, in detail, — these Reports are sufficiently minute to enable the Council to decide on their respective subjects. Your Committee feel that the question ha s narrowed itself to one of means, and they canuo fc

but express their opinion that the endowments are altogether inadequate for carrying out the objects of the Charter. There is no fund available for general purposes, except what portion may arise from the proceeds, of land sales, the amount of which is uncertain. Any other grants or endowments are for specific objects, and these for the most part so small and limited in extent, as not to be sufficient for their several requirements. Your Committee after a careful consideration of the present position of the Council, and the necessities of the Borough, have in accordance ■with the remit of the General Committee, agreed to recommend that the Deputation be instructed to submit to his Excellency the following-. 1. That as will be seen by the reports of the Committees appointed by the Council to inquire into the state and requirements of the Roads in the Town, Suburban and Rural Wards, found that a sum exceeding £18,000 was necessary to complete and keep them in repair. 2. That the above sum ought to be extended over a period of three years, in equal payments. 3. That his Excellency's attention be directed to the various reserves set forth in the reports of the Road's Committees, and in addition to such and by way of endowment, the land to be reclaimed from the sea in Commercial Bay, and such other lands within or without the Borough, as ■would enable the Corporation eventually to derive a revenue for corporate purposes. 4. That the attention of his Excellency be drawn to the extent of the Borough, and that lie be requested to recommend its reduction within the following limits : — commencing at Hobson'.s bay, following the the creek to Ilobton's bridge thence following the Epsom road to its junction with the Kybei'-pass road, thence up the Kyberpass road to Symonds street till it joins the Karangahape road, thence to Freeman's Bay, retaining the boundaries of the West Town Ward. 5. That with the present extent of the Borough the levying of a rate will be a matter of difficulty inasmuch as the interests of the Burgesses are too conflicting. It is believed that were it reduced within the limits proposed, the objections against a rate for local improvements would in a great measure be obviated. In conclusion, your Committee recommend that the Deputation do not go into detail as to the immediate appropriation of any funds which may be hereafter available, or consider the sources from whence these may be derived. W. Powditch, Chairman of Sub-Committee. Auckland, April 14th, j{s-52. On the question being put that the Report be received, Alderman O'Neil wished to know why it had been recommended to leave th<? West Suburban Ward out of the Borough ? Alderman Powditch said, as Alderman O'Neill, the member for that Ward, was not on the Committee, he had made enquiry as to his views on that head, and was informed that it was the Alderman's own wish that the West Suburban Ward should be excluded. Councillor Abraham moved that the Committee do now adjourn, and the report be submitted for consideration at the next sitting. Alderman O'Neill seconded the motion. Councillor Newman thought it would save time if the discussion could be proceeded with at once ; the country members were attending weekly at much inconvenience, and as it appeared they were now nearly as fai as they could go, tlic sooner the business was brought to a close the better. Mr. Newman proposed that the standing orders be suspended and the discussion on the Sub-Committee's Report proceed. Councillor Hay seconded the amendment which was carried. Councillor Abraham was still anxious for a postponement, and moved for a map of the Borough, that members might be in a position to proceed with the discussion with as much information as possible before them. He was there to represent the South Suburban Ward, and how did lie know, without examining the map, whether a portion of his Ward had not been recommended T)y the Sub-Committee to be expunged from the Borough. The motion was seconded by Alderman O'Neill, but as the map was not in the office, the want of it was not considered of such importance as to delay the proceedings while it was being procured, and the motion was negatived. Councillor Newman then proceeded to point out the course that he would have the Council pursue to procure the ways and means to carry on their operations practically and beneficially. The SubCommittee had reported that certain sums were necessary to enable the Council to prosecute public improvements in the Borough, and recommended that the amount should be applied for from the Governor, but the Committee had not pointed out how the Government was to procure these funds to hand over to the Corporation. — His object was to .show how the money might be saved from the present Government expenditure, as he by no means wished to see the people taxed one fraction more than at present in order to raise the amount required. He went on to point out the various departments that might be abolished or would bear reduction, commenting- on each as be proceeded, stating that while he felt it to be his duty to condemn some effices as useless, and the salaries of others as unwarrantable high, he wished to be clearly understood that he had no personal feeling towards the individual officers themselves. The followingare the reductions proposed by Mr. Newman, to be made in the Government Establishments in order to meet the Claims of the Corporation :—: —

Councillor Ilaultam objected several times to Mr. Newman's mode of discussing the question raised by the report, slating that in the Legislative Council, and not at the Municipal Council board, was the proper place at which to consider the salaries and services of public officers of the Provincial Government. Councillor Abraham quoted from a despatch of Governor Grey on the subject of Municipal Councils, to show that liis 3£xcellency anticipated such a course being taken by Corporations, with regard to public affairs, as Mr. Newman was now pursuing ; he would read the extract to enable the Chair to decide the point of order in dispute :—": — " I beg further to state that I feel doubtful whether the creation of municipal bodies, with extended powers of passing bye-laws, will remove these evils. I fear that this measure would rather increase them, and that the municipal bodies, feeling that just grounds of complaint existed regarding the imperfect mode in which the legislative body discharged its duties, would endeavour to usurp au authority and power which did not belong to them, and neglecting their own duties, would busy themselves with those properly belonging to the legislature. I also feel satisfied that. they would soon contract large debts, the settlement of which would ultimately prove very cnbarrassing to the Government. Upon the whole, a simple mode of avoiding the difficulties which exist in this respect, would be to create .'i J/ieufc.- Governorship in New Zealand,"

The Mayor could not see much to be objected to in Mr. Newman pointing out the means whereby the money might be saved that was to be asked from the Government. Councillor Newman, in concluding his remarks, moved " That the Deputation from the Council ask from His Excellency the Governor the sum of X'G'OOO, and point out'to him where it may be saved from the present expenditure of the Province." Councillor Ilaultain again objected to a new motion, as there had not been any notice given of it, and thought remarks should not be allowed which had no reference to the matter in the report. The Mayor ruled that the motion was not in order, as the standing orders had been suspended for the purpose of considering the report. Councillor Abraham thought they had got into a glorious state of confusion by not having had time properly to digest the report ; he therefore proposed the adjournment of the consideration of the Sub-Committee's Report, which was carried. Coimcillor Abraham gave notice that he would move, at the next sitting, for the minutes of the private meetings of the whole Council, hold in the Grand Jury Room, to be read. None of the members appeared willing- to bring* the Sub-Committeo's Report \mder consideration at the next meeting-. Alderman Dignan being fisked to give notice that he would bring it forward, refused, saying, he would not be made a tool of. — Members had been crying out about the absence of the Governor impeding the progress of the Council's business, and now they were doing- all they could themselves to obstruct business. Mr. Abraham gave notice that he would move at the next sitting that the Council proceed to consider the report of the Sub-Committee of the whole Council, at the same time not binding himself to vote for its adoption. Councillor Newman gave notice that he would move that a deputation wait upon his Excellency the Governor, and ask from him the sum of X'GOOO, and point out to himhowthatamount may be saved from the present expenditure of the province. Alderman Mason wished thehour of meeting was altered. The country members, now that the days wei # c shortenedjfound three o'clock a very inconvenient hour, especially when the meetings were prolonged as on that occasion to half-past five o'clock. TTc, himself, and smother member had fifteen miles to ride to their homes after the business was concluded. It was arranged that the Council should meet on Saturday at one o'clock, and the Council adjourned.

£ s. d. Native Secretai'y „, 478 2 ZJlerk of Council 50 0 Dolonial Secretaiy 240 0 Colonial Treasurer 280 0 [larbour Master 60 0 Manager of Bank of Issue ... 200 0 Surveyor-General 290 0 [load Department 940 19 Commissioner of Crown Lands 300 0 Police Department 235 16 Attorney- General 190 0 [lowick Magistrate 117 18 Dnehunga Magistrate 120 0 Dolonial Chaplain 200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 £,3,075 10 0