OUR HIGHWAY LEGISLATION.

New Zealand Mail, Issue 5, 25 February 1871, Page 11

OUR HIGHWAY LEGISLATION.

He who pushes his way through a crowd is almost sure to tread on somebody’s toes. The public journalist, in the discharge of his duties, is somewhat similarly circumstanced. He can,scarcely treat of any subject in respect of which opinion is unanimous; and when such unanimity exists it is not worth the time to treat of it at all. There being, therefore, but few subjects of public interest on which differences of opinion do not exist, the journalist, when treating of them, cannot give satisfaction to all, except by being “ like a chip in porridge,” in which case he would do neither good nor harm, and had better do nothing. The views of a man who holds no decided opinions on any subject of general or local interest are not worth reading. If he holds decided opinions let him keep them to himself or fearlessly express them, and not turn his remarks into dishwater in the vain hope of rendering them in this shape more acceptable, or less offensive to those who hold opposite views. He will not please anybody by such a course ; by no course can he hope to please everybody ; and that which cannot be done should hot be attempted. These remarks are of general application, but they are more particularly applicable to the question of highway legislation.

The source or sources from which the. necessary funds are to be derived for the construction and maintenance of main and district roads is one of the most important questions which will come before the Provincial Council in its ensuing session. There is no , question of much greater public interest, more especially to persons resident in country districts. There are none relative to which more differences of opinion exist; there are none on which more discussion has been excited; there are none on which it is more desirable that a satisfactory conclusion should be arrived at; and there are none consequently which deserve more thorough and dispassionate treatment by the "Wellington press, and more especially by that Jiortion of it which enjoys a circulaation in the outlying districts. We purpose, therefore, in this and subsequent issues to subject the question to this treatment, in order, if possible, that some common opinion may be the result, and that a measure may in consequence be passed by the Council which, while it will prove in operation as . little oppressive as possible, will yet fulfil the objects for which it was designed, and not require the intermeddling of the Legislative Council before it become law.

In the very first session of the Provincial Council a Road Bill was passed which empowered the Superintendent to divide the Province into road districts, and the ratepayers of each, at a general meeting to make a uniform rate not exceeding sixpence per acre, for the repair of the district roads. In the bill in the Council Mr Dillon Bell recommended an assessed instead of an acreage rate, which met with no support, as it was believed that such a mode of rating the land,, would not only. operate as a tax on improvements, hut defeat one of the . chief objects the Government had ; iu view , in introducing the hill. *Wk»t those objects were will ’be .at ipC9 swft from tbo following quota*

tions from the Superintendent’s speech when opening the session. His Honor said The injurious effects of large : tracts of country remaining unoccupied and waste, in separating and dispersing the settlers, in preventing the formation of roads, in thus increasing the cost and diminishing the amount of production, have been so long forced upon our attention that it is scarcely necessary for me to urge you not to allow this session to pass over without some attempt to palliate if not to remove such serious impediments to the progress of settlement.” “The object,” continued his Honor, will be “ not merely to raise funds for local improvements, but also to compel landowners either to improve their lands or to sell them at their market value, and at the same time to discourage and prevent any undue acquisition of land in future by new speculators.” Such a measure was at that time rendered still more urgent as Sir G. Grey’s land regulations had but recently been brought into operation, which by greatly reducing the price of the Crown lands would proportionately reduce in the aggregate the fund available for the construction of roads, and at the same time encourage land monopoly. An acreage tax, which was then recommended, if generally imposed, would have checked both these evils; but no attempt was made to render such a tax general, and the bill became virtually inoperative. In the third session of the Council a new road bill was passed, which was drafted by Mr Eox, then Provincial Treasurer. It is a point of the utmost importance and significance, at the present time, to note that under this- hill the ratepayers at their annual meeting fixed the amount of the rate to be levied, which was not to exceed one shilling per acre; the board ah the same time was empowered to levy the rate on such lands within the district as it might, determine, as being likely to benefit by the intended highway. In the same session, Mr Eitzherbert, then; Provincial Secretary, moved a resolution to the effect thht the funds requisite for the maintenance of the North Eastern and North Western main roads'should be provided in part out of the general revenue of the Province, jmd the remainder/ out of direct taxation raised either by tolls, or a local tax on land abutting on such trunk lines. It was not, however, until the session held in 1863 that the Government introduced a bill to levy a tax on the aforesaid lands for the maintenance of the trunk roads. This bill passed its second reading, and would have, become law had it not been for the opposition to it by a large minority of the Council, which was organised by Mr Bunny, and which succeeded in throwing out the bill on the motion for its third reading by a majority of one ; which majority was secured by a solemn pledge given by them that if the bill was thrown out another would be having for its object the levying iof a tax on all lands ‘ benefited by these trunk lines, and not exclusively on those which lay in their immediate vicinity. The opposition, however, having saved themselves from being taxed for the objects named, never attempted to carry out their promise to levy a general tax for the above purposes. In the ninth session of the Provincial Council an act to amend and consolidate the law relating to district highways was passed, which differed in two material points from the laws which had been previously in force :■ — A plurality of votes was given to the large landowner, and instead of an uniform acreage rate the board was empowered to assess and levy such rate per acre not exceeding one shilling for construction and sixpence for repairs, as it might deem equitable, regard being had in all cases to the natural value of the land to be rated, and its proximity and accessibility to the highway. In 1867 this act was again amended, one of the objects being to reduce the number of votes given to the owner of land above one hundred acres, and to increase the number given to. the owner of five hundred acres and upwards. On account of the Provincial Council in some of the provisions of this bill having exceeded its powers, his Excellency refused his assent to it, and

hence the General Assembly in 1868, and in every subsequent session, has had to pass an act to render this and other acts valid. This afforded an opportunity to the Legislative Council, m its last session, before passing this Validation Act, to add a clause to’it, to the effect that any rate which any highway board in this province should in future make should he an annual rate, and not exceed one shilling in the pound on the annual value of the property assessed. It will thus be seen that the avowed intentions of the Provincial Government and Legislature were, from the first, to supply by means of local rates the deficiency in the Provincial revenue available for road purposes, which they foresaw would inevitably result from the operation of its cheap land regulations ; to mitigate, as much as possible, the evils arising from land monopoly and speculation, which these land regulations would have a mutual tendency to foster .; to avoid levying such rates in a form which would operate as a check oh occupation and improvements; to compel the owners of land abutting on main and district roads to contribute towards their maintenance ; and to inure the settlers to those habits of self-government and that. feeling of self-reliance which are the spring and source of all. true greatness, and by means of which only real freedom and prosperity can be secured. Without stopping here to enquire whether these avowed intentions of the Government have been practically carried out, we will venture to indicate that our future highway legislation should have these objects in view, and that the principle should be more recognised than it has been hitherto, that those who make the most use of the roads, and those whose property they tend most to enhance in value, should contribute most towards their construction and repairs.