West Coast Times. TUESDAY, AUGUST 27, 1867.

West Coast Times, Issue 600, 27 August 1867, Page 2

West Coast Times. TUESDAY, AUGUST 27, 1867.

It may be some satisfaction to those who look with alarm upon the prospect of an increase in the number of new provinces in New Zealand, to note the strong tendency of the policy of the General Assembly to restrict the powers of the Provincial Councils, and especially to rob them of Legislative functions. We believe there is a growing feeling amougst our leading politicians, of all sections and parties, that an assimilation of the laws of the whole of the Provinces is a most desirable thing, and that a uniform law can only be obtained by a general legislation. The powers of Provincial Councils have always been restricted — a long list of matters being reserved for the legislation of the Assembly only. But it is only recently that the Provincial Councils have been made to feel the full extent of the restrictions imposed upon them. Even the Superintendents and their Executives have been unconsoious of \k% anwew limitation!! itftW» wiiM

the right of provincial legislation is confined. What can be a more conclusive proof than the very considerable number of ordinances which have lately been passed by the Provincial Councils, and assented to by Superintendents, and have subsequently been disallowed by the Governor because the)' contained provisions that were deemed to be tlltra vires ? In the case of the Hokitika Municipal Ordinance, the utmost care was taken to divest it of every feature which, by even a strict interpretation of the Constitution, could be construed into an encroachment upon the special functions of the General Assembly. To this end, every suggestion of the most experienced members of the Provincial Council was well weighed. The Bill was submitted to the revision of three several Provincial Solicitors ; and it had the benefit of a large amount of professional criticism during its passage through the House. Yet, with all this care bestowed upon it, so little did the Council understand their real powers and tho limits of those powers, that the measure is now spoken of by the hon. John Hall, as one which he " has little doubt is invalid." The Medical Practitioners Bill, passed through the Provincial Council at the instance of Mr Barff, is another case in point. It was disallowed by the Governor as ultra vires. The total number of Provincial Ordinances disallowed by the Governor, after having been passed by the several Councils during their last sessions, were no less than fifteen. And, in addition to those actually disallowed, there are several others, such as our Municipnl Corporation Bill, in which defects will have to be remedied by special legislation. A perusal of the despatch from Mr Stafford to his Honor the Superintendent, stating the reasons why the Medical Ordinance was disallowed ; i and of the despatch from the same gentleman on the subject of the Municipal Ordinance, which we published some months back ; will show the nature of the innumerable restrictions by which the. Provincial Councils are hedged in, and of the little legislative power they possess to do either good or evil. In one matter of the utmost practical •importance they have been greatly crippled — we refer to their power of raising loans on Provincial debentures. With a certain class. of persons no argument against the establishment of a new province, lms so much weight as one based upon the assumption that it means the establishment of an additional borrowing power. We have heard much lately of the Province of Southland audits disastrous experience; and the case has been instanced as a warning to all other districts aspiring to the distinction of an independent government. But the history of Southland can never be repeated in the Provincial history of New Zealand. Southland, at a time when it had a reasonable prospect of securing the rich traffic of the Lake district in the Province of Otago, conceived and began to execute gigantic schemes of public Works. The young Provincial Council entered into large jetty and railway contracts, and provided for meeting the liabilities consequcntupon them by thepassing of Loan Ordinances. This was the commencement of Southland's troubles. Tlie loan ordinances "were disallowed, and the Province found itself at once burdened with liabilities which it had no resources to meet, and stayed in the prosecution of those works, which until thoy were completed were utterly unproductive. This piece of what appears to us to be reckless extravagance had its effect. The power of the Provincial Councils to pass laonordinances.exceptunder the sanction of the General Assembly, was withdrawn. The consolidation of loans ordinance, now before the House of Representatives, and certain of being carried, will still more effectually deprive the Provincial Councils of all borrowing power — and of all power of pledging the credit of the Provinces. Henceforth all Provincial debentures are to be abolished. The authority to issue them will be abrogated absolutely. No New Zealand loan is to be negociated, or offered for negociation, except represented by Colonial stock. Is not this sufficient to disarm those who object to the establishment of a new Province, on the ground that it will lead to an abuse of the borrowing power ? Southland may be justly pointed to as ian example of what was cap ible of i being done under the old system. But it must be remembered that the fact that Southland acted foolishly, has led to such a curtailment of the Provincial powers as renders it impossible for the example of Southland henceforth to be imitated.

In no session of the General Assembly, has so strong a disposition been shown towards a limitation of the powers of provincial legislation. In the cases, in which, what is called the provincial party, has gained an advantage over the centralists, the question at issue was one of executive, rather than legislative, powers. The Local Government Bill was rejected because it threatened to take away from their provinces the control over their own land fund. Here the Provincialists are strong, When they seek to override the legislative functions of the General Assembly, .they find that they have to battle against a strong current that has set in in an opposite dhection. The, general sense of Parliament is that the Assembly should legislate, aud the Provincial Councils enact municipal regulations and exercise an effeclive control over the local expenditure. In proportion as their view is carried out the objection to the creation of new Provinces as a multiplication of petty states, ceases to have any force. Acting within the, limits and under the restrictions enforced upon it, the We&tland Provincial Council would be in one respect a very harmless body, and in another a most useful one.

There was no meeting, as anticipated, of the Municipnl Council held last evening.

The " Wellington Independent " hears th»t Mr Travew M.H.8., contemplates making WoWngton hit pWRMWtyt plftW 9f WifafWi

The report of the Bankruptcy Committee, which has just been tabled, is as follows :—": — " Your Committee have the honor to report that they have carefully considered the question referred to them, arid have arrived at the unanimous conclusion, that the bcsL course to be taken is to repeal tho existing laws and to abolish the present system of administration with a view to the adaptation of the Scotch system as amended with the modifications necessary to adapt it to the English jurisprudence in the Bill recently introduced in tho English Parliament by the law advisers of the Crown. Your Committee have accordingly drafted a Bankruptcy Bill based upon the English Bill with the alterations necessary to suit the circumstances of the colony, which they recommend should at ouce be passed through the House. Your Committee further recommend the immediate abolition of imprisonment for debt> and have prepared a Bill to carry out that object, taking as their guide the measure recently introduced by the same authorities into the English Parliament. W. Reeves* Chairman."

A meeting of the Council of the Separation League was lield last evening, at Richmond's, Now Orleans Hotel. The reports received from all districts were most satisfactory. It was resolved that steps should be forthwith taken to call in the signature sheets and complete them by the end of the week, in order that the petition may be forwarded to Wellington by the Airedale, which is expected to leave the roadstead on Monday next The Council resolved to meet from night to night during the remainder of the week.

Through the courtesy o( Mr Lockharfc, we are in possession of files of Sydney papers to the 18lh instant, brought by the schooner Lizzie Coleson. Their contents have been generally anticipated by telegrams in the Melbourne papers. They contain, however, a few additional items. Preparations were spoken of for a demonstration of respect to Sir John Young and his lady prior to their departure from the colony. Floods continued to make great depredations in the Murrimbidgce and the Bathurst districts. Lai'ge funds had been collected for tho relief of sufferers from floods throughout the colony, but there was some discussion amongst the subscribers as to the mode of distribution.

The following arc tho district gaol returns for the week ending August 24th :— The prisoners admitted during the week were 3 males under committal to the Supreme Court, 6 males sentenced to hard labor, 1 to imprisonment only, and 1 debtor j total, 11. Uiidei 1 the head of discharged) we have 6 males who were Bent for trial to the District Court, 1 debtor, 1 mule who had been imprisoned in default of fine, and 1 female whose sentence of hard labor had expired. The total number of prisoners remaining in the establishment at the above date was 66, ' classified as folows : — Males, 5 undergoing penal servitude, 35 in the hard labor gang, 8 under committal to the Supreme Court, 2 simply imprisoned, 6 debtors, 3 imprisoned in default of bail, 4 iv default of fine ; total, 63. Females, 3 undergoing hard labor.

The news brought back by the Bruce from the S.W. districts is most meagre in character, nothing of the slightest importance having transpired at those localities since tho date, of her former visit. A few diggers yet remain at the Haast fossicking in the old ground, this employment being varied by occasional short prospecting excursions inland, which so far have led to no fresh discoveries. Of the scanty community found there by the Bruce, nine miners left in that vessel for Jackson's Bay, and landed tLero with the intention of prossecting. They were well supplied with provisions. We hear that about twenty diggers are located at Open Bay, south of Jackson's and getting a very good sample of gold. It is believed that a payable field will yet bo discovered there.

At a great public meeting recently held at Adelaide to consider the best means of providing for the reception of H.R.H. the Duke of Edinburgh, the Hoh. J. Baker, in moving the appointment of a committee, said he hoped they would not bore his Royal Highness to death, but pay him that respect which he deserved. It had long been a wish fostered in his mind that there should be a federation of these colonies, and ho wished his Royal Highness to come back again, and if he should return he would say, " Crown him King of Australia." The suggestion was received with loud cheers. The opinion of the meeting was decidedly in favor of the financial part of the arrangements being left to the Government.

After disposal of the business in Chambers, in Christchurch, on Tuesday last, Mr Wynn Williams enquired whether the Court of Appeal would lake into consideration any alteration in the rules of tho Supremo Court. Under existing circumstances there was one rule that p6sitively prevented people from recovering moneys that were due to them on bills. This difficulty was in a groat measure to be attributed to tho creation of so many new districts, He alluded to a case in point, where two of tho partners in a firm had gone to Hokitika; and a third was a person of considerable wealth, carrying on business in Dunedin. Still the firm's creditors could not get at him, because a difficulty arose as to the jurisdiction of the Judge, the issues, and the place where the action should be tried. His Honor said the Court of Appeal was always ready to consider any alterations in the rules, but they had been put off through want of time. He would bring what tho learned counsel had directed his attention to, before the Court of Appeal, at its next sitting on October 12.