The Waikato Times AND THAMES VALLEY GAZETTE.

Waikato Times, Volume XXIII, Issue 1932, 22 November 1884, Page 2

The Waikato Times AND THAMES VALLEY GAZETTE.

h<]unl and csact justice to all men, Oi whatsoever state or persuasion, religious or political. Here shall the Press the People's right maintain, Un.ittcd by influence and unbnbed by gain.

SATURDAY, NOV. 22, 1884.

An apparently trifling matter for legislation, but one really of vast importance to country districts, is the gorse question. In many places in Waikato gorse and briars not only obstruct the roads, but take actual possession of unutilised public reserves, the waste lands of the Crown, unoccupied properties of spoculatoi's, and a large number of sections the owners of which have died or left the colony. These in turn become the nurseries whence, as soon as the road boards or private persons have cleared their lands the seeds of these plants are once more spread broadcast by birds, winds and cattle, to cause further obstruction and expense. A few more years, at the rate (his sort of thing is going on, and the country districts will in some places become so overrun with these pests that it will cost far more than the fee simple of the land is worth to eradicate them. Legislative interference of a comprehensive and stringent character is available, and should not be considered in any way oppressive to the individual, for it is absolutely required in the defence of the general public. Nay, he who allows his property to become the seed-bed of' destructive plants, which spread therefrom on to the properties of others, is no more worthy of consideration than the man who allows a nuisance to remain on his property vrhich spreads sickness and death amongst his neighbours. In, our^opal -townships the gorse

has taken such hold of the properties of absentees, reserves, arid the unsold lands of the Crown, that its appearance is a blot and a reproach to those communities, and has been often animadverted upon by visitors from other places, but ifc is a difficulty which our local bodies are only in part able to grapple with. As against private individuals, the several bodies, boroughs, town district boards, and highway boards have their remedy (though many are not aware of their full powers, on which we shall have something further presently to say), but as regards the reserves and waste lands of the Crown th«re is at present no remedy. So long as these have to remain untouched local bodies will naturally hesitate to harrass private individuals, well knowing that the work of furze extermination can under the circumstantes only be partially carried out. The best, perhapp, and only remedy for this state of things would be for the Government to hand over the reserves and waste lands in settled districts to the control of the local governing bodies. These lands could then be let for a term of years at such, rents as they would realise by public auction, no matter how trifling that rent might be, with the provision that the tenants should eradicate and keep down all gorse and briars, and conditionally that the reserves when required for the purpose for which they were set apart should be resumed by the Government and the waste lands sold, both being subject, if the resumption is made by the town before the term for which they had been leased shall have expired to the value of the permanent improvements effected on them by the tenants, such as fencing, draining, buildings and sowing down with grass. In this way the gorse question might be grappled with, for really the powers with respect to gorse growing on the roads and streets, and even upon private lands nppear to be ample to meet all such cases, and could in all cases be successfully enforced in the law courts were the steps for doing so taken with the necessary "are and precaution ; while at the ; same time much land now lying worse than useless would be made productive. On a recent occasion the Hamilton Borough Council having failed to secure convictions, and being laudably desirous of ridding the town of what is not merely an intolerable eyesore but really in case of lire a source of considerable danger, obtained an elaborate and carefully prepared witten legal opinion from Mr "W. M. Hay, which, as it is now entered on the minutes of the council, has become common property. That opinion is worthy the study of every local body in "Waikato, to which, as bodies corporate, it equally applies as to boroughs. That opinion may be divided into such heads as the right to compel owners or occupiers to clean g'orse ; the preliminary steps to be taken to secure, convictions ; the information, the evidenco necessary, and remarks generally. Briefly, then, the opinion states that there is no doubt of the right of the local authority to compel owners or occupiers to clear and destroy worse a distance half way across the road or street bounding their properties, under certain conditions : h'rst that the gorse is an obstruction to traffic ; secondly, that there are reasonable grounds to believe that it spread from the defaulter's property or tho fence thereof, and thirdly, that the preliminary steps have been taken either by obtaining the certificate of a competent surveyor as to the injury being done, or the report of two members of the local body who must in company with each other view the gorse at the same time. The order to clear is then made, and, default for a month having taken place after the order is served, the information may be laid and it will be sufficient if signed and sworn by the clerk. The information should be laid against the occupier if there is one, if not, against the owner. It should be drawn wii,h clearness and succinctness, disclosing an offence, and with special care not to disclose more than one. It must be certain and leave nothing to be inferred, and must not be laid in the alternative. If the local body has cleared the gorse, the cost of doing so should be claimed in the information. Proof of the constitution of i the local body as the local authority is only collateral to the issue, and such strict proof of this will not be necessary as if the body was sueing or being sued, but it would be better to put in the act with the boundaries, a map showing the portion of allotment, and some slight proof that the councillors or trustees acted — such as the minutebook. Proof also of occupation or ownership is needed. In the case of occupation payment of rates would probably be proof. In the case of ownership it might be required to prove title or give in evidence some admissions. Proof is necessary of the certificate of the surveyor and that he is competent, or of the report of the two trustees. Proof also that the local body by resolution authorised the issue and service of the order on the defaulter and authorised the clerk to sign and act under it ; that a month has elapsed from the service of the order and that it has not been complied with. Finally, proof must be given that there are reasonable grounds to believe that the gorse spread from defaulter's land or fence, that the land is within the district, and in case the cost of clearing the gorse is claimed for, that amount must be stated. The above preparations are , necessary to secure conviction and to obviate the disheartening results which so of^en occur to road boards (when*onducting?su:cli 6ases aether are frequently compelled to<

do, without counsel) of having their cases thrown oul of court. The words " obstruction to traffic " are denned by the Public Works Act Amendment Act, 1882, to mean any obstruction arising from growth of gorse, &c, in a public street or road, large enough in any way to interfere witli traffic of any description, and it is immaterial whether it be growing on i^lie middle or the side of the road, for the public have a right to every part of the road. It is also a noticeable fact, to which the a ttention of all local bodies should be drawn, that, inasmuch as by the act above referred to, power is given to local bodies to clear or compel the clearing of gorse, &c, this very fact imposes on such body a corresponding duty in law to do it, and if any damage or injury should happen to any person from neglect of this duty, the local body may be held liable. Now, as corporate bodies have the power to make by-laws, and amongst such a by-law to compel persons to eradicate gorse from private lands within the corporation, it follows that, with such legislation as we have pointed out to meet the case of public reserves and waste lands of the Crown, the local bodies -would be in a position to make a determined effort •to put down once and for all a nui«anc£ which bids fair to shut up some portions of this district from cultivation altogether, and is in others a source of loss, annoyance, and even danger.

Mr W. L. C Williams has been elected unopposed for the Patetere Riding, Piako County.

Mr E. Lake, MH.R., has been returned unopposed for the Pukekura ridmg, Waipa County.

Intelligence was received yesterday that the appeal case of Gwynneth and others v. the Patetere Company had been dismi-sed.

A concert and dance will be given at the Ohanpo Public Hall on Friday evening next to provide funds for the school cmldien's Christmas sports.

The Rev. J. G. Wilson will preach at Tauwharo at 3 p.m. to-morrow afternoon, and not to-day, as previously announced.

The Rev- J. S. Hill will give his popular lecture and enteitainiuent this evening in the Public Hall, Cambridge, commencing at 7.30 p.m.

At Thursday's meeting of the Auckland Crown Lands Board, the chairobtained authority to proclaim land* at Ttimahere for sale at reduced prices, namely —£1 per acre.

The services at S. Peter's Church, Hamilton, and at S. Stephen's, Tamahere, to-morrow, will bo conducted by the Rev G. H. S. Walpole, of S. Mary's, Parnell, in the absence of the Incumbent on his periodical visit to the outlying dibtricts of his cure.

The Rev. Mr Ferguson, of S. Andrew's, Atickland, will conduct divine service at Trinity Presbyterian Church, Cambridge, to-morrow. The Rev. Mr Evans is at present at the Thames, and his health, we are glad to hear, is steadily improving.

A runaway occurred in Dukestreet, Cambridge, yesterday. Two horses attached to Mr Heslip's waggon bolted, but after running into Mr Gcmmil'b fence they were brought to a standstill before doing much damage.

The Rev. H. R. Dewsbury, of SPaul's, Cambridge, has commenced im patting religious instruction to children attending the Cambridge public school. Mr Dewsbury held his first class after school hours on Thursday, when about fifty pupils attended.

A concert in aid of S. Stephen's Church funds will be given in the Tamahete schoolroom on Thurbday, the 11th December, prox. A number of the Cambridge and Hamilton amateurs have promised their assistance, and the conceit, like all those hitherto given in that district, promises to be a great success.

We are in error last issue in notifying that the date of the disputed election enquiry at Te Awamutu had been alteied. There are two petition •* against the late election, one to be heaid to-day, and the other onFriday, Nov ember 28th mst. " The plaintiff " (he has forgotten to enclose his name,) writer commenting on the case Potterton v. the Wiiiknto Coal and Shipping Company. Under any circumstances, such a letter could ber\e no useful purpose, but as the car<e i^ still sub judice, — Mr Hay having given notice of appeal — its publication would ba impiopcr.

A special feature in connection with the present visit of the Rev. J. tt. Hill to Cambridge will be the children'n service to be held at S. Adiew's at 3 p.m. to-morrow. The children of the various Sunday-schools have been invited to be peeient. The presence of teachers and parents and friends is also desired. The offertory will be given to the Melanesian Mission.

The Wellington correspondent of the Auckland Herald states that previous to Wiihanui leaving Wellington he was offered a seat in the Legislative Council. The chief expressed himself sensible of the honour, and personally seemed very much inclined to accept the offer. Before 'giving a definite answer, however, he said he should prefer to consult his people to ascertain their wishes upon the subject.

The celebrated " Australian Blondin " is announced to appear at JTamilton this evening, and will walk across Victoria-street, from G-wynno's Hotel, on the high wire, and will perform on the trapeze. The scene will be illuminated with co'oured five*. Mi> Alexander, the Australian Blondin, who has attracted large audiences in all parts of the colony, Australia, and California, is not to be confounded with a gentleman calling himself the New Zealand Blondin, who left a somewhat unsavoury reputation behind him.

The work of painting S. Andrew's Church, Cambridge, together with the schoolroom, fence 3, &c, is to be commenced next week. The tender of Mr Davis for £00 19s has been accepted. It is hoped that a good proportion of the necessary funds will be obtained, as the results of the Rev. Mr Hill's popular lecture and entertainment to be given this evening. The offertories at S. Andrew's on Sunday morning and evening will be in aid of the same fnnd.

We are surrounded everywhere by evidences of the near approach of Christinas. Local tradesman and shopkeepers are already displaying their ware adapted to the festive season. Mr Gilby, of Dukestreet, Cambridge, has now on view one of the most varied and tastefully selected assortments of Christmas and New Year cards we have seen. We would direct our readers attention to Mr Gilby's advertisement appearing in another column.

In another part of this issue appears the programme of the com plimentary concert tendered to Mr S. Meachem, which comes off in the Public Hall, Hamilton, on Tuesday evening next. Mr Meachem has always been a prominent figure amongst those who for years past have contributed to the amusement of the people of the district, and in any charitable cause hiß valuable help has ever been given ungrudgingly. We trust therefore, out of compliment to Mr Meachem, to see a large house, more especially as the entertainment in itself promises to be one of the best given in Hamilton for some time.

The secretary of the Tamahere Farmers' Club has received a further communication from Mr Vaile in reference to delivery of lectures in Waikato on the subject of Railway Reform." Mr Yaile has , very generously offered to devote the whole of the weeft to this object, and has suggested the following" order of places and dates ,: — Monday evening, Tamahere; Tuesday,' Hamilton; Wednesday, Te Awamutu; Thurßdayi open Hor any place; Friday, Cambridge. It will; however, be necessary 'for those interested ,iv Rearing J£r Ytma

views on the subject to put themselves m communication with Mr Vaile at once, so that no misundeistanding may arise.

To the Editor : Sir,—Allow me to utter a protect against the manner in which the money voted by the Cambridge Highway Board for the improvement of the road at Tamahere is being spent—l should say wasted. All who have to me the Tamahero post and telegraph office durine the winter 1 months know very well the quagmire they generally have to wade through to reach the post-office from the centre of the road. Well, sir, will you believe it, but the material which should be put in the hollow of the roadway is being thrown in fcho centre of the road (Hamilton to Cambridge) where water never lodge*. Mr Graham, a member of the board, informs me that the intention of the vote was to cause the water hole leferred to to be filled up, and he does not know by whose orders the present absurdity is being enactod. If the ratepayers' money is to be wasted in this fashion, tlio sooner a change sh<mld take place in th) Cambridge Highway Board and its officials the better. The nuisance sought to be removed will be a greater " nuisance " than ever during the coming winter, the present works causing a deeper water hole tlun hitherto alongside the roadway between the post-office and hotel.—l am, &c, TAMiHERE.

Writing of the session just ended, " Civis," the humourous contributor to the Witness says ; —For a member for the House of Representatives to achie\e distinction by pounding induhti iously away at bills and questions from his place in the House is uphill work indeed. There is a shorter road to fame than thiough the medium of Parliamentary reports, ,m<\ it is to be found in that valuable column headed Political Gossip. A week's immortality may be attained by means of a freak which entitles a man to figure on this living page, and, compared with it Hansavd is merely a tumulus of buried words. The principal events of the present session which have fUed themselves on the public mind might, I bhould say, be roughly catalogued a& follows :—": —" Members embarked on board tlio Hinemoa—believed to have been cast away —expectation proving unfounded, weie forbidden their Sunday out in future.--Little difficulty concerning a certain lion, gentleman and Bellamy's —motion thereupon—galleries cleared. My.steiious passages between the Hon. Mr Phaiuzyn, a pair of gold spectacles, and a pussy cat, respecting which further information i-> desirable.—Mr Pyke and his bull's-eye— he interviews the Premier—astonishment in the lobbies —the debate upon the question.—Episode : Mr Larnach and the telegraph post —the lost hat. In all this, it will be observed, there is nothing about the District Railways Bill, or thu inscription of debentures, and no reference to them is needed. It is by suc!i peregrinations as those of Mr Pyke with his bull's-eye, or Mr Pharazyn in se.uch of his spectacles, that the earnest politician really rivets the sympathy of tho masses. The above is about all we h.i\e heard of Mr L.irnach this session. _ He has no doubt been voting industriously from his place in the House, but before ho collided with the telegraph pole the fact that he was in Wellington, risking life, limb, and wardrobe for the public weal, was almost forgotten.