West Coast Times. SATURDAY, SEPT. 14, 1867.

West Coast Times, Issue 616, 14 September 1867, Page 2

West Coast Times. SATURDAY, SEPT. 14, 1867.

We are now experiencing some of the embarrassing consequeness of the policy of limiting the legislative pavers of the Provincial Councils, which finds in the General Assembly so many ardent and persevering supporters. Our own local legislature — giving that complimentary designation for the time-being to the Canterbury Council — is met at almost every step it takes in the direction of practical reform by the objection that its action is ultra vires. On this ground objections have been taken to the Municipal Corporation Ordinance, which was enacted with a careful regard to the special circumstances a-d requirements of Hokitika, and which has hitherto been found to work exceedingly well. It is from the same cause that the Provincial Council has found itself precluded from determining on a satisfactory basis the conditions on which the Town Lands of Hokitika shall be disposed of. The General Assembly enjoys the right of regulating the sale

of Crown Lands throughout the Colony ; but it does not enjoy the capability of dealing in a spirit of equal justice with all the varied interests that exist in connection with the question of the public lands in the several Provinces and districts of New Zealand. It is by no means easy to define a general land policy, that shall be equally applicable to parts of the country having such dissimilar and, indeed, antagonistic interests. The practice followed, it is true, is to receive resolutions from the Provincial Councils, and deal with them as the bases of Acts of Parliament. But these resolutions are necessarily the embodiment of fixed and general principles, and the system is little suited for the enactment of special provisions adapted to the special local requirements of particular districts.

The General Assembly has enacted provisions regulating the sale and disposal of lands within the Goldfields. It has also enacted the Canterbury Waste Land Regulations. It has enacted the enforcement of these latter in all such portions of the West Canterbury goldfields as may be withdrawn from them. The withdrawl of Hokitika from the Goldfields was accepted as a boon by the people here, because it gave them, or it was expected to give them, the opportunity of purchasing where they had before been only squat- j ters, legally recognised as having temporary tenure. The General Assembly conferred on the Provincial Council of Canterbury the powers of determining a fixed price at which the town lands might be purchased by those who were legally in occupation of them ; and it gave the occupants the option of taking their sections at that price, or their chance at auction under the ordinary regulations. But it overlooked the necessity that existed in order to make this concession of any value to the persons it, was meant to benefit, to continue in force the regulation under which Goldfields lands purchased at auction were subject to compensation to be made to the holder, for the assessed value of improvements effected on them. That regulation ceased to have force, as the law is read, on the day on which the town was withdrawn from the Goldfields. The Government indeed appear to consider that it may still be made available in the case of those who at the date of the withdrawal, viz., January, ] 866, were, under the Regulations, in lawful occupation of their sections — in other words that the rights they would then have been in a position to exercise, had the land at that time been throw open for Sale, have not been forfeited by the delay or neglect of _the Government in placing them early in. the market. It is only on such ground that ths Executive could have felt justified in intimating through the responsible head of the Westland department their " permission " to sectiouholders electing the av&tion system, to have the value of their improvements added to the piece of the land. The Provincial Government, however, ha 3 no power of warping the law, nor has ihe Pi-jvincial Council any~power~of altering it. TStT General Assembly < r «!one has authority, and it certainly behoveß those who have large interests at stake to take all proper steps to satisfy themselves, before the two months allowed them for their choice to be made are expired, that the course taken by the Provincial Government is sufficiently justified by law to absolutely secure their rights.

With reference to the case of the memorialists who addressed the Municipal Council last evening, we apprehend the case is clear against their legal standing, and that no remedy is available to them but a direct and immediate appeal to the General Assembly. At the date of the withdrawal of Hokitika from the goldfields, they had secured no right even of an equitable character under the regulations. They were no then in " lawful occupation ; " and although it may be contended that rights which existed could not become forfeited by the delay of the Government, there is no pretext for holding that that delay created legal rights which would not have existed if the delay had never taken place. The application of the compensation clause cannot by the Provincial Government be extended to these who wei*e not in occupation under licenses in January, 1866 ; nor indeed can these prefer any legal claim to take up the sections they hold at the fixed price, of ten shillings a foot or whatever it may be.

We put the case thus plainly, because these persons have the strongest possible equitable claims ; and because if they rightly appreciate their actual position, and act accordingly without any delay, there is no reason to apprehend that they cannot obtain legal redress at the hands of the Assembly. Except as representing their case, neither the Provincial Government nor the Provincial Council can do anything to help. But addressing the Assembly, they can make out the strongest case for the extension to them of the same pre-emptive rights, and the same title to compensation, that are granted to those whose occupancy dates back some months previous to theirs. We need not assert those claims ; they are well understood amongst the whole community, and by the whole community their petition will be freely signed. We advise them, therefore, to take prompt action in the only direction in which action will be available to them. And the way in which the Corporation can best help them— is by backing their petition by an attesting memorial.

A memorial was presented last evening to tho Municipal Council, as will be seen by our report, from section-holders without tho triangle who have taken up lands sinco tho withdrawal of the town from the Goldfiolds, asking the assistance of the Council in tho protection of their equitable claims. Tho deputation consisted of Mr W. G. Binney, Mr W. E. Hay, Mr Whyte (of White and Pirie), and Mr Malpas. Mr Binney read the memorial,

which, we may add, is very handsomely engrossed by Mr Thomas Dick.

It will be seen that tenders are called for by the Municipal Council for the undermentioned works :—l.: — 1. Draining the swamp. 2. Forming and metalling the centre of Hamilton street. 3. Making six chains of road in Bealey street.

At the meeting last evening of the Westland Board of Education, held in the Supreme Court House, we understand it was unanimously agreed among the members present that the schools already in active operation in the district receive the primary consideration of the Board, and that public notice be given by advertisement in the newspapers of the readines3 of the Board now to receive applications for aid, the Board adjourning until the 16fch October next, for the purpose of allowing sufficient time for such applications to be made and the merits of them ascertained. Seven members were present.

Yesterday a little girl named Godfrey, whose parents reside in Beach-street, met with a severe accident. The child, who is about six years of age, wa9 lying in the street when as a greengrocers cart was passing, the driver, not observing bhe girl, the wheel passed over her leg, fracturing the.thigh and severely bruising the toes. Dr Mourelyn and Dr Bcswick were promptly in attendance. The child was taken to her parents house, when Dr Beswick administered surgical aid to the sufferer, who we trust will do well.

We desire to call attention to the sale by auction this day, by Mr G. W. Binney, at his inart,Wharf-street, of upwards of 300 volumes of books. They consist of standard works by the most celebrated authors, as well as a choice selection of works of fiction from the pens of the most popular novelists.

From an early hour yesterday morning, until past nine o'clock, the steam-tuga were busily engaged in bringing in vessels from the roadstead, and the wharf, which for some tune past has been bare, is now well filled with shipping. A large ci-owd assembled to witness the landing of the horses from the Harriet Nathan, and considering the time they have been on shipboard in the roadstead they were landed in fair condition. Auction sales, at which considerable numbers attended, were held alongside the vessels by Mr G. W. Biuney and Messrs Caroy and Grilles, so that more bustle was to be seen on the wharf than it has presented lately.

Wo are glad to learn that the Fire Brigade is not only progressing in numbers and efficiency, but is prospering so far as finances are concerned. The members, however, would be glad if a considerable number of their fellow citizens would enrol themselves in the Brigade to assist in the noble work of protecting life and property from the ravages of the firefieud.