MUNICIPAL COUNCIL. Auckland, Saturday, April 8, 1852.

New Zealander, Volume 8, Issue 635, 15 May 1852, Page 3

MUNICIPAL COUNCIL. Auckland, Saturday, April 8, 1852.

The Council met at one o'clock. Present : — His Worship the Mayor ; Aldermen Dignan, O'Neill, Powditch, and Mason ; Councillors Davy, Hay, Abraham, Norman, Newman, Taylor, and Macdonald. The Minutes of the last Meeting were read and confirmed. The Town Clerk read a card, received from the Lieutenant-Governor and Mrs. Wynyard, inviting the Mayor and Corporation to a Ball, on the 24th instant, iv honour of Her Majesty's Birth Day, to which an answer was requested. Councillor Abraham thought it necessary for the Council to move softly in reference to this invitation. One might hear of " all the world and his wife" attending at assemblies of the kind, but who ever heard of " a Mayor and Corporation" figuring at such places. Pie objected to the acceptance of this invitation on the same grounds that he took a short lime ago, when an invitation, quite as much entitled to their consideration, was received. (Hear, hear, from Alderman Dignan.) He believed they should lake care how they set up precedents for their successors, and they should also have some consideration for the position of the Mayor, for it certainly was always expected, on accepting invitations to such parties, that return fetes would be given — that a reciprocity of good feeling should be kept up. Now he hardly thought that his Worship or the Council were in a position to keep up festivities of this kind ; at any rate, if they were, it might not be very convenient for their successors to continue the custom. At home it was a very diffei'ent case : the dignities appended to Corporations were looked upon as playthings — and those enjoying the honours were generally in such a position as to bear the weight of the expenses attending them •without inconvenience. lie should have made these remarks even if the Council had determined to go on, but that day's proceedings had to be concluded before they knew whether they would have any existence as a Corporation on the 24th of the month. He therefore thought that, if they were even willing, they were hardly in a position to accept the invitation. Alderman O'Neill thought it would be sufficient to direct the Town Clerk to acknowledge the receipt of the invitation. For his own part, let who would go, he would not ; he had not so iar forgot his early religious training as to attend at such places. Councillor Macdonald would attend at any rate in honor of his Queen ; and if the Council were to accept the invitation, he did not see that a return would be necessarily required of them. Councillor Abraham would also attend on the same account, irrespective of the Corporation. Alderman Powditch thought, as it was a public and not a private festivity, the objection was of no weight. He considered it was the duty of public bodies to attend the levee on such occasions. The Mayor said it was not usual to invite people to attend levees — the invitation received was to the evening ball. Councillor Newman wished it to be understood, after what had been said, that his motion was not to set aside the Charter and break up the Corporation—it was only to suspend the sittings of j the Council for a time. It was not unusual for Parliament to adjourn its sittings for a season, without suspending its functions altogether. Ifc was little matter to him whether the invitation were accepted or not — he should not attend. But, to bring the matter to a close, he would move that the invitation be received, which being seconded, was agreed to. Alderman Powditch moved that the Lieutenant Governor's reply to the Deputation be read, and the clauses considered seriatim. Alderman Mason seconded the motion. Councillor Abraham did not see the object of this course. They all knew the nature of the reply — indeed even before it was received. Alderman Powditch thought that, as all the member's were not present when the document was read, it would be better to have it read over again and carefully considered, than to jump to conclusions hastily. Motion put an carried". The first clause of the Sub- Committee's Report Wl 1115 Excellency's reply were then read. Alderman O'Neill did not think so much of the Teply as some seemed to think of it. He was willing to pay Governor Wynyard all the respect due to him as an old resident and brave soldier, but he looked upon his reply as cleverly woven of half promises and half-denials, a glossing over of words through which taxation oozed out. lie very coolly tells us that with the power of self government we have the power also of self-taxation, but lie is careful to make no promise that the extravagant expenditure shall be reduced. And was it for this that they were to heap and lavish adulation on any individual ? He hoped not. The Mayor said the first paragraph of the Lieu-tenant-Governor's reply had reference to the ,£lB,OOO that was stated in the Report as being necessary for the roads. He thought the spirit and tone of the reply should be taken into consideration more than the mere words that were employed in it. It was unreasonable to expect His Excellency to give them what was not in his power to give ; he had gone as far as he could, and promised to bring their requests before the proper quarter, and otherwise to assist the Corporation as far as he was able. His Worship thought the taxation referred to was such as might be required for purposes of local convenience, which few ever objected to, and not for roads or extensive works within the Borough. Councillor Abraham could not agree ■with his Worship in the view he had taken of the Lieut.Governor's mention of taxation. lie believed that His Excellency looked at the great principle of the Charter, and in a straightforward maw nor had pointed it out in the words — ' c self-taxation." And this was the very feature of the Charter that he (Mr. A.) had boen directing their attention to

till along, while they were coquetting with it. No, he could not agree with Alderman O'NeilTb remarks on the Lieutenant-Go\ernor's reply ; he considered that His E\cellency had come out in a manly and proper way on the subject ; and he would most readily join in a vote of thanks to him for his reply. Councillor Newman had been so often maligned he wished to be very careful in what he said on this occasion lie had been at one lime or another in opposition to almost every member, on some question or another, except the Mayor, and and he Avas sorry to find himself opposed to his Worship to-day. lie was anxious to state that he had no ill-feeling towards the Lieut.-Governor, on the contiary, he had come away with the Deputation from the interview with a kindly feeling towards His Excellency on account of the candour he had shewn on that occasion. lie never expected, nor had the Council any right to expect that the Governor could give them the money that they wanted ; that could only be procured from the Piovineial Council — and even then it would depend entirely on the men they would simkl to that Council whether £'1000 or £6000 would be given to the Corporation. lie believed that the Governor had no idea of asking the Provincial Council for five or six thousand pounds for the purposes of this Borough, and therefore they must look to the people and not to the Government for the necessary funds to go on with. At present he would receive the Governor's reply, but at the same time he would caution the Council not to expect too much to come out of it. Alderman Powditch noticed that everything the Deputation had brought under the notice of the Governor was mentioned in the reply, except the sum of £2000 that he had recommended should be applied for, from the general revenue, for ten years, until the land with which the Corporation should be endowed became productive. The Mayor had called his Excellency's ■attention to that during the interview, and the impression on their minds was that he promised to recommend it. Yet there was no mention of it in the reply. He did not think the reply was at all satisfactory ; for although His Excellency assured them while they were with him, that there would be no occasion to resort to taxation, in his reply he told them that the object of the Charter was to impose taxation. The £750 voted was but very little, and there was nothing but the land fund to look forward to, and that would be gradually growing smaller year by year. Although the Governor pz'omises to bring their requests before the Provincial Council, he does not at all compromise his nominees, and the members from the distant parts of the Province could hardly be expected to agree to heavy taxes imposed in their localities to be expended in this Borough. lie therefore thought that but very little indeed might be expected from the Provincial Council. He took care during the past week to consult his constituents on the question, and he was happy that he had that ojiportunity, as he got the opinions of practical men. They thought that the £750 granted for the roads was too small to be divided between the country and the town — the wants of the latter were so crying that a portion should be set apart for the streets, which would make the divisions so insignificant that nothing could be attempted but trifling repairs ; they were further of opin ion that it would be too late now to attempt anything on the roads, for the wet weather setting in while carts were at work would cut up the roads so as to make them worse than if they were not touched, and they recommend the Council to suspend operations altogether till after the Provincial Council meets, to see what that body will do for the Borough. They were also of opinion that the Borough should be curtailed, and the interests of the country left to the care of the Wardens, the town would no doubt look after its own affairs, and raise as much within itself as would answer its own requirements. His constituents did not wish to be taxed for town improvements. These were the conclusions that were come to, it was plain to them that although the request for assis'ence from the Governor was not made without the way being pointed out of procuring that assistence, yet there was an evasion of a promise, and the reply to the request was altogether too uncertain for any reliance to be placed upon it, contingent as it was upon the decision of a Provincial Council that 'might be so packed as that nothing could be expected from its hands. On the fourth clause being read, Alderman Powditch must say that it was evasive. Why was it dismissed with applying to it a "similar remark to the one appended to the first proposition ? " It was the duty of the Lieutenant -Governor to consider every request, and give a direct reply to each. But there was a positive denial of any lands by way of endowment but those within the Borough. It appeared there were but 16,000 acres unsold. The Council asked for 5000 acres, which would leave only 11,000 acres, so that the prospects of a land fund endowment became considerably narrowed.. Of course this limitation would almost certainly lead to the Corporation being endowed with the refuse of the land, even should the 5000 acres they asked for be granted. He considered this clause of Lhe reply highly unsatisfactory. On the last clause being read, Councillor Newman said there was no guarantee here that the Lieutenant-Governor would recommend a reduction of the salaries of Government officers— indeed, such a recommendation would be a confession that the Government had been approving of excessive salaries during the present year, and such a confession could hardly be expected. He could see no hope from the Govern ment ; the people must come to their own aid. The reply having been considered clause by clause, > Alderman Powditch moved "That having considered the Eeplyof his Excellency the Lieutenant the Council consider it too vague and uncertain to warrant them in proceeding immediately with public works." Alderman O'Neill seconded the motion. The Mayor considered the answer of the Lieu-tenant-Governor contained all that the Council could expect in reply to their requests. He had no doubt at all but that His Excellency would do his utmost to procure for the Corporation as much as possible from the Provincial Council, if they would only make good use of what they had already at their disposal. On the votes being taken, Alderman Dignan rose to soy that lie had come to the Council preparp<_\ \ o vot e in favour of proceeding ->,v!th public works so far as the means at their disposal would allow, but what fell ft om Alderman Powditch about the crying Avants of the town had changed his opinion. There was much need of improvement in the town; but he denied that there was any crying on the subject, but always a disposition on the part of the inhabitants to make improvements at their own expense. And they might do so still, for he would like to know what the town was likely to get from a Council made up of only three members for it against eleven for the suburbs and the country. The town had no chance whatever, and he would certainly vote for suspending the Charter until it should be re-mo-delled. The motion was then put and carried. Councillor Newman, according to notice, rose to move, "That under the cucumstances the Council consider that the whole responsibility of suspending the public works has rested, and does now lest, with the LoCcil Government, and that the sittings of the Corporation be suspended until the week before the meeting of the Provincial Council." Alderman O'Neill seconded the motion. Alderman Powditch moved as an amendment that the words " the Council consider that the whole responsibility of suspending the public works has rested, and does now rest, with the local Government, and that" be struck out. He was not in favour of the money which now belonged to the Corporation passing into the handb

of the Government, to be spent by them on public works. He would rather that the sum at their disposal should remain as a nucleus for a more adequate fund to enable the Corporation to procoed efficiently at a future time. His constituents, rather than have anything to do -with it, had proposed to form a committee amongst themselves to make such repairs and improvements as might be found necessary for their own convenience within the ward. lie would not approve of giving that to the Government to spend which belonged to the Corporation. The amendment was not seconded. Councillor Abraham was glad that the practical good sense of the Burgesses of Mr. Alderman Towditch's Ward had saved him the necessity of combating with those whom he had thought were inclined to take up the course recommended by the Mayor of going on regardless of consequences. He felt much delighted that they were saved the disgrace of becoming roadmakers and road-contractors, which would not be a very dignified employment for a Corporation. But although they were to decline to take in hand improvements, that was no reason why the Government should not do so. He (Mr. A.) was not there as a lawyer, and would not offer any opinion as such, but he thought the Governor was a tiustee for the public good, and, if not the only one, still he should go on for the good of the estate, even if other trustees gave up their trust. Under all the circumstances he was clearly of opinion that the whole of the responsibility of the public works has rested all along, and does now rest with the Government, lie therefore thought it desirable, for the benefit of those a distance, that the ciicumstances which had led the Council to suspend operations should be clearly stated in whatever resolution they came to on the subject. With this view he would propose the following 1 amendment to be inserted before Mr. Newman's motion: "That in the absence of all endowment for the due discharge of even ordinary municipal duties, and the consequent refusal of the Town Council to entertain an}^ proposition involving the imposition of any further taxes upon the community, together with the recorded opinion of a majority of the Council, that the extent of the Borough ought to be reduced so as to place ninefourteenths of the members and their constituents without its limits, it is impossible that the Town Council can effectually manage all matters of purely local concern according to the tenor of the Charter of Incorporation and the Despatch of Sir George Grey accompanying the same, and that, under the crisis of their position, the Town Council have no alternative but to decline entering upon the discharge of the various important duties sought to be devolved upon them, until the meeting of the Legislative Council of the Province of New Ulster, and do decline accordingly, — and that the Deputation recently appointed do again wait upon ilis Excellency the Lien tenant-Go-vernor, and respectfully communicate to him this resolution, and the reasons thereof." This amend ment A\as not seconded. After some remarks by Alderman Powditch on the infringement of the Charter on the rights of the Wardens of Hundreds, Alderman Mason stated that he must express hib opposition to the opinions of several members who were disposed to dehvy proceeding with useful and necessiry improvements. His own opinion was that they should go on at once and do as much as the}'' could with the funds in their hands, for he believed that if they postponed taking up the Public Works until the spring, it would then require double the amount that would now suffice to make certain improvements. He referred to the White bridge, that might now be repaired for £100, and to a swamp on the road at Mr. Dilworth's property, that might be made passable for the winter by an outlay of £50 ; and he felt assured that twice as much would not be enough to do these works after the winter had passed over — besides the great inconvenience the settlers would be subject to if these places were left unimproved during the winter months. He therefore proposed " That this Ccuicil, considering especially the state of the 'roads in the Borough, and the necessity that exists for immediate operations thereon, do not feel themselves warranted in farther delay. That therefore they proceed at once to spend as economically as possible the funds now at their disposal." Councillor Hay stated that he had been trying to gather information on the subject from practical men, and all he could ascertain strengthened his own opinion, that it would be much better to proceed at once with whatever necessary works they mi" lit be able to perform with the money they had, than to wait to the end of winter. He could not see what better position they would be in at the end of four months than they were in at present. lie was altogether in favour of Alderman Mason's proposition to vest the funds at their disposal to the best advantage, and would therefore second the amendment. Councillor Abraham rose to order ; the motion Avas quite irregular. The question had been already decided by a substantive vote. The Mayor decided that the amendment was irregular ; and, no other amendment having been offered, the original motion (Mr. Newman's) was put and carried, there beingAyes — Aldermen O'Neill and Powditch ; and Councillors Newman, Abraham, Davy, Norman, and Taylor. Noes — The Mayor, Alderman Mason, and Councillors Hay and Macdonald. Alderman Dig nan declining to vote. On the motion of Councillor Abraham, the standing orders were suspended, and he moved " That the Town Clerk communicate the foregoing resolution to His Excellency the Lieut.Governor." The motion was seconded by Councillor Norman, and carried. The Council then adjourned till further notice.