LYTTELTON.

Colonist, Volume II, Issue 105, 22 October 1858, Page 2

LYTTELTON.

{From the Lyttelton Times, October 2:) OPENING OF THE PROVINCIAL COUNCIL. The second Session of the present Provincial. Council, and the tenth, reckoning from the commencement of our self-government, wa3 opened" yesterday by his Honor the Superintendent with the usual formalities. The place of meeting was appointed to be at the Town Hall, the chamber in the new Government buildings not being yet ready for use. At two o'clock .most of the members were present, and shortly afterwards his Honor entered the chamber, and being received with the appointed ceremonies, proceeded to deliver the following address. > - Gentlemen, —On the opening of this the tenth session of the Provincial Legislature, I have to congratulate the province on the highly satisfactory state of its finances, and on the favorable growth of its social and commercial prosperity. A reference to the statistics that will be laid before you will shew that the material resources of Canterbury are steadily developing their value, and that the early promise of a yearly increasing rate of progression has during your late recess been ' amply realised. As an additional reason for congratulation, I may justly state that, notwithstanding the very short experience of the power of local self-govern-ment enjoyed by Canterbury, the exercise of that power has resulted in the production of a system, the working of which in its entirety has been ■ practically successful. .'*■'• *• ■• >- The General Assembly of New Zealand in its last Session lias effected certain alterations in the constitution of the Provincial Governments; some of which I anticipated when addressing you on the opening ot your ninth session. None of these alterations (as they now stand) directly prejudice the particular interests of Canterbury, although it is to be regretted that mea-r sqres have been enacted involving principles which being thus already established may possibly in future parliaments: be extended^ with very mischie- , vous results. I here allude to the "Waste Lands Act" and the "New Provinces Act." The latter statute in its immediate operation is not much calculated to affect Canterbury; and so far as this • province is. concerned, is only to be regretted as disclosing an animus towards Provincial institutions generally, foreshadowing the serious impairment of their legislative functions, and a subsequent destruction of their usefulness as local governing powers. The Waste Lands Act, however cogent may have been the alleged necessity for its enactment, seems to have been conceived in a similar spirit to that which originated the New ProTinces Bill. By the Waste Lands Act of 1858, the provinces are all but precluded from further legislation affecting their lands; thus, for the present is annulled a power, which, if wisely exercised, might hare wrought incalculable advantage to each individual province, without in the remotest degree impairing the general integrity of the colony. With the exception of the two measures to - which I have just alluded, the tendency of the legislation of the past 'session of the General Assembly appears to be eminently beneficial to the colony. Provincial powers have in some instances been ' taken over to the General Government with great propriety, it being evident that uniformity of Government throughout the colony is desirable in all those affairs wherein one consistent system of laws may be conveniently adapted for universal application. But, on the other hand, when local peculiarities and requirements of widely varying characters ■ exist, it would seem equally desirable and rational that they should be provided for by substantive ' enactments in respect of each distinct case. And further, that in every instance purely local requirements would,be best secured by a local government. Undoubtedly the -Imperial Parlia-' ment when framing the Constitution Act acknow-' ledged this position, and hence grew* the power of local self-goverment for the provinces. A combination of circumstances having for some years past rendered a general community 'of interest in the waste lands comprised within the limits of the several provinces a condition impossible, it was consequently found impractica- ■ ble to administer those lands under one uniform principle. A distinct system especially suited to the exigencies of each province was found to be . unavoidably necessary; and, therefore, adopting this conclusion, the General Assembly of New Zealand, by its Waste Lands Act of 1854, virtually enlarged the powers of the Constitution Act in t favor of the provinces by enabling them indivi-.. dually to suggest to the General Government the scheme of administration most in accordance with the particular condition of each. Provincial legislation in the matter of the Waste Lands has been (in this province) suffici-" ently tested to convince the colony of its usefulness, and of the impossibility of displacing it by any other system with equal advantage fo the country. In this yiew of the case 1 confidently anticipate that the difficulty out of which arose the Waste Lands Act of 1858 will, during the next session of the General Assembly, be obviated by a new process, and that Canterbury, in common with the other provinces, may have restored to her the full power to regulate the administration of her lands by local ordinance. , I would here remark that although the Waste' Lands Act nominally transfers the lands to the General Government, yet, by adopting the whol* of the provincial legislation of Canterbury in it?

~fcrence thereto, it les#s the system of administration hitherto an operation within this province substantially unaltered* The General Legislature having added to our Colonial Code a great number of statutes calculated for general operation throughout the^coiony., but little-law-making remains for the provincial parliaments'; thus leaving to your nearly undivided consideration the method in which- shall lie employed the Very considerable revenue now at the disposal of the province": a revenue raised by a process which happily exempts the population of this favored country from the pressure of direct taxation. I have taken proper measures to secure for your guidance all necessary information on the various matters that will be submitted for your deliberation. You will perceive by the estimates of probable revenue and expenditure for the present financial year, that I calculate upon resources perfectly equal to every undertaking that will be suggested for your adoption.. The want of a more perfect means of communiv cation between our principal seaport and the plains has long been a source of great embarrassment in the conduct of the commercial operations of the province. Having the advantage of a safe and commodious harbor—perfectly adapted to a very large commerce —the germs of which commerce are now starting into vigorous growth—it lias become a matter of the very highest importance that you should at once consider and determine the best method of securing the safe and expeditious transit of our marketable productions to the place of export. To this end 1 shall transmit for your consideration a proposal to construct a line of railway from Lytteiton to Christchurch direct. This line would involve a tunnel through the heights behind Lytteltonj and would from the expensive nature of such a work, require a very large outlay of money-i It will, therefore, remain with you to consider whether the ultimate advantage to be realised to the province by the completion of the undertaking in question, would or would not justify the required disbursement. There will be laid before you all the information at present available having reference to the practicability of the undertaking, its cost, and the j probable lapse of time during its progress to completion. These, however, are enquiries which •cannot be satisfactorily answered except by competent engineering authority. • ■ I may, however, state that I have very high authority for believing that no formidable engineering difficulty stands in the way of this work. The ordinary public works are in an active state of progression, and will be prosecuted with continued vigor in order to the opening up of new j districts for purchase and useful occupation. You will be highly gratified to learn that our Emigration Agent in London (Mr. Fitzgerald)has | made very favorable arrangements for the introduction of immigrants into the province in numbers, each year, sufficient to supply the demand for labor. Among other matters that you will be asked to consider is the great necessity for a special provision for the construction and maintenance of public works within the limits of towns. To meet this necessity, I shall submit a measure for your approval. Your attention will be drawn to provisions for various social wants, but I hope that these ends may be accomplished without the enactment of many new ordinances. I shall have to recommend the establishment of an institution very much required, viz., an hospital at Christchurch, for the reception and treatment of sick persons. Also an additional grant for educational purposes, in order that the several religious denominations may be better enabled to provide for the numerous children that are at present destitute of education in consequence of insufficient school accommodation. You will receive a Bill to Amend the Cattle | Trespass Ordinance—a Roads Diversion Bill— I and Bills for the Regulation of the Gaol and Armed Police. The several subjects I have briefly noticed, together with a consideration of various proposals for the extension of the public works, enquiries into the supplies necessary for carrying on the Government and defraying the current liabilities of the province, will constitute the bulk of the business to which I shall invite your attention during this session. , ■ Gentlemen, —I am happy in the assurance that it is quite unnecessary for me to remind you of the very serious responsibility owing to the province, the Government of which is committed to ■our charge. I have the greatest confidence that an earnest desire to secure solid public; advantages will characterise your deliberations, and that all your proceedings will as heretofore furnish evidence to the world that Canterbury rightly under-.-stands the proper uses of local self-government. Gentlemen, —I have now to declare this Council ' to be duly opened for the transaction of public business. His Honor then retired, and the Chaplain, then Yen. 0. Mathiaa, read prayers. The Provincial Secretary then laid several papers on the table. Mr. Cookson presented a petition from certain inhabitants of Lytteiton, praying for the appointment of an Honorary Town Board. The petition was read and ordered to be received. It was announced that detailed accounts up te the 30th September would be laid on the table on the 14th, and a financial statement made not later than the 21st, when the Government would propose to move for a Committee of Supply. The Hoase then adjourned to the 14th, on the motion of Mr. Ollivier.