The Waikato Times AND THAMES VALLEY GAZETTE. Equal and exact justice to all men, of whatsoever state or persuasion, religious or political. THURSDAY,MARCH 8,1888.

Waikato Times, Volume XXX, Issue 2443, 8 March 1888, Page 2

The Waikato Times AND THAMES VALLEY GAZETTE. Equal and exact justice to all men, of whatsoever state or persuasion, religious or political. THURSDAY,MARCH 8,1888.

That the Waipa County Council seriously took up the appeal made by the Raglan Council, toco-operate with it in endeavouring to obtain in the coming session of Parliament some amendment in the powers granted to local bodies for the eradication and destruction of gorse and briars on lands of the Crown, private lauds, public reserves and endowments, and to make the operation? of the Act in respect to public highways easier and more certain, was only to be expected. It was arranged the matter should be fully gone into on the 13th inst. That the Waikato County :omewhat brusquely threw the Kaglan appeal aside was perhaps in some measure due to tho fact that it was brought forward at a very inopportune moment, when a sharp acrimonious dispute had put the whole Council somewhat out. of tune. Though not suffering lo the same extent as either Waipa or Italian, Wuikato lias nevertheless every reason to be up and doing in the matter of furze iind briar extermination.

What we, waist to point out to those interested is, that the whole matter may be compassed without resort to special legislation. The Public Works Act

Ac'", ISS_, possesses powers which sin; ample, if they were properly understood, to deal with the whole question as it affects gorse and briars growing on streets and roads and even on private properly. In a long and exhaustive opinion supplied by Mr W. M. Hay to the Hamilton Borough Council (and of which members of the Waipa County Council might doubtless obtain a copy if applied for), this is clearly pointed out, and also the course step by step to be taken to ensure a conviction in the local courts. "It must be borne in mind by local bodies,'' Mr Hay says, in reviewing his own opinion, " that inasmuch as by the Public Works Act Amendment Act, 1882, power is given to Local Bodies to clear or compel the clearing of gorse etc., this very fact imposes on such bodies, a corresponding duty iu law to doit, and if any injury or loss should occur through their neglect the local body must be held liable." The difficulty of obtaining convictions has been a deterrent, even in enforcing the cleaving of furze from off the highways, for lay talent has not been successful in our local courts, and private property, which has become the seed bed of this and cognate pests has been let severely alone from want of knowledge by local bodies that they possossod the legal power of interference. Mr Hay's opinion sets these matters perfectly clear and distinct. As to the moral right of interference on privato property, there can be but small doubt about that. Every man has a right to do what ho likes with his own, provided that that sweet will of his does'not clash with tho public weal. If liis land bo needed for public purposes it can be taken. If he creates on it a nuisance dangerous or intolerable to the public, he can be made to abate that nuisance, and rightly so. The legislation provided for the eradication of furze on private property is essentially necessary for the common defence. The man who allows his hinds to become the seed beds of noxious plants, which spread therefrom to the property of others is no more worthy of consideration than he who allows a nuisance to remain on his property which reeks and festers till it spreads sickness and death amongst his neighbours. There is no room for sickly sentimentality about individual rights and the rights of property. Tho welfare of the public at large is paramount over that of the individual, and the nuisance in either case must go.

But now about the Crown lands, the reserves and endowments? Is special legislation not needed in their case ? We think not. There is a course which should suggest itself to the local bodies, to the Government, and to all concerned, which we believe would not only settle the gorse question, but in its other aspect materially assist the work of settlement. Let these lands be handed over to the conditional control of the local bodies in whose boundaries they are situate. These lands could then be let by auction for a term of years, tho lessee, if his money rent was a merely nominal one giving good value in the clearing and keeping clear of these lands from the growth of all gorse or briars. Of ;course such lands would have to be let conditionally that when required for the purposes for which they were set apart, they could be resumed, and the waste lands, if sold, could be sold subject to compensation for all permanent improvements, the clearing of the furzo amongst the rest. "We throw out this suggestion, as we believe it would be far easier to get the Legislature and the Government to meet the difficulty in this way, than in amending an Act so that it may be worked to their own harrassment, as the owner of these very Crown lands. "We believe that it would meet with assistance, rather than opposition from trust owners, as improving their properties without any cost on their part, and at the same time relieve them of a responsibility, that sooner or lat«r would have to be faced.

Such, theu, is the position. The powers to ensuro conviction, if only tlio right stops be undertaken, are ample, and even on private lands, local bodies have the power, though they know it not. They aro bodies corporate, and the opiuion referred to applies equally in their case as in that of a borough. They can make by-laws, and amongst such, a bylaw to eradicate gcrse from the private lands within the corporation. It follows, therefore, that the only matters open for further legislation are the Crown lands and the reserves, but, as we have pointed out, that phase of tho question may be far more beneficially doalt with in another way.