Tueday, 14th October.
Minutes of former sitting read and confirmed. PETITIONS. Mr. HARE presented the following petition, which was read and received:—
'To the Honourable the Legislative Council of the Province of South Australia. ' The humble Petition of the Undersigned Inhabitants of Coromandel Valley, Upper Sturt, Cherry Gardens, and Clarendon, in the Hun- dred of Noarlunga, 'Showeth— ' That your Petitioners have been informed that a Bill is now before your Honourable House, providing for the establishment of District Councils throughout the province, of which measure your Petitioners highly approve, and hereby pray that the portion of the Hundred of Noarlunga in which they reside may be included in the Hundred of Adelaide, for all purposes contemplated by the said Act. The said por- tion of the Hundred of Noarlunga being as follows, that is to say :— Com- mencing at the north-western corner of section 835, and proceeding in a southerly direction, passing by sections 263, 794, and 791; then passing through section 256, and afterwards passing by sections 257, 258, 671, 678, 684, 695, 704, 714, 725, 736, and 808, being then at the southern ex- tremity of the said Hundred, and including the whole of the eastern portion of the Hundred to section 3318, adjoining the Great Eastern-road, and terminating at the eastern extremity of the said Hundred, on the sources of the Upper Sturt. ' Your Petitioners respectfully urge, in support of the prayer of their petition, the fact that they reside among ranges of hills which separate them from the other districts of the Hundred ; that they are in frequent communication with the metropolis; and that they never make use of any portion of the Noarlunga roads farther west than the main line from Adelaide through Brownhill Creek, Upper Sturt, Cherry Gardens, and Clarendon, which is the post-road to these places and others beyond. ' For these reasons your Petitioners trust that your Honourable House will be pleased to direct that the before-mentioned district may be joined to the Hundred of Adelaide, under the District Councils Bill ' And your Petitioners will ever pray.' [Signed by Luke Bruadbent, Cherry Gardens, and 45 other Settlers.] Mr. HARE presented the following petition from the farmers of Morphett Vale : — ' To the Honourable the Legislative Council of the Province of South Australia, in Council assembled. ' The Memorial of the undersigned Farmers and Settlers of Morphett Vale, ' Showeth— toThat your Memorialists have seen with considerable regret tho introduction to your Honourable House of a Bill, entitled ' The District Council* Bill,' which, however good in extending the popular principle of self-government, mast entirely fail in effecting that desirable object, by attaching to, and incorporating with it, the old Road Act, No. 14, 1819, the provisions of which have already caused more excitement and opposition in this province than any or every other Ordinance put toge ther; and which will cuiso, if the present intentions of embodying all its provisions in the new Act, the same opposition to be extended to it also, ma a large majority of those intended to be benefited by it will be pre vented from exercising the franchise until the old rates are paid up. ' Your Memorialists therefore humbly pray your Honourable House to repeal in tola the old Road Act, which contains many clauses highly objectionable, and Is, moreover, burthened with much useless and un necessary matter— such as the clauses referring to tolls, the railways, as also the tyrannical powers delegated to the Commissioners by the clause 73. That in any new Bill for carrying out similar objects your Memorialists pray your Honourable House to make such provisions as will prevent any District Council from levying any rate that shall ex ceed 2d. per acre on land, unless with the sanction of the majority of ratepayers. ' And your Memorialists will ever pray.' [Signed by William Murphy, Morphett Vale, and 53 other Settlers.] Petition read and received. NOTICES OP MOTION. Mr. BAKER gave notice that he would move, to-morrow (this day) — 'That the petition of G. A. Anstey be considered in Council on Friday next, with a view to declare whether the second writ issued for tha district of Yatala was valid or not' Mr. BAKER gave notice that, on Friday, 17th October, he would move — M 1. That the Becond writ for the district of Yatala was issued whilst ? petition from the electors against the return under the first writ was ?till pending, and before the decision of the Court of Revision on that petition had been certified to the Lieu te nan t-Goveruor. 2nd. It is in the 'opinion of this Council essential to the peace, good order, and good government of this province that nothing should be allowed to interfere with the free action of the law, or with the judicial proceedings on decisions of lawfully constituted tribunals. 3rd. That the second writ for the district of Yatala ought not to have been issued, and should be declared void. 4th. That a respectful Address be presented to His Excellency the Lieutenant-Governor, requesting His Excellency to be pleased to issue a new writ for the election of a member for the district of Yatala.' Mr. HARE gave notice that to-morrow (this day) he would move — ' That & respectful Address be presented to His Excellency the Lieutenant-Governor, praying that a return of the number of ad missions to the Adelaide Hospital for each year since 1811, with the daily average number of beds occupied; also, the average expenditure, specifying the various amounts of salaries, sustenance, and medicai comforts, furniture, and medicines.' The ADVOCATE-GENERAL laid on the table a Bill for the employment of convicts on public works ; and gave notice that he would move the first reading on Thursday, the 16th instant. SUB-COMMITTEE ON WATERWORKS BILL. Mr. DUTTON, as Chairman of this Committee, asked for an extension of time until the 28th instant, and stated that, partly owing to the absence of the Colonial Engineer, and partly from other causes over which they had no control, the Committee had been prevented from concluding
its report. Extension of time allowed. DISTRICT COUNCILS BILL. Mr. PEACOCK hoped that, in accordance with the prayer of a petition he had the honour of presenting, the consideration of the District Councils Bill would be post poned for at least a week. The SPEAKER said the proper course would be for the House to go into Committee, when an adjournment could be moved. On the motion of the ADVOCATE-GENERAL, the House then went into Committee on the Bill. HOUSE IN COMMITTEE. The ADVOCATE-GENERAL said that in order to meet the views of the hon. members for Noarlunga and Barossa, and to give their constituents, together with those of other districts, the fullest opportunities for making any practical suggestions bearing upon the measure, he agreed to propose its. consideration. The subject appeared to create general interest; and as the measure was intended for the good of the country districts, and to give them powers to control their own affairs, they would have time to express their .opinions. He begged to move an adjournment of the Com mittee until Tuesday the 21st inst ? House resumed.
TRINITY BOARD AND CORPORATION BILL. The COLLECTOR of CUSTOMS moved the seconl reading of the Trinity Board and Corporation Bill, and ex plained its various provisions and enactments. Bill read a second time. On the motion of the COLLECTOR of CUSTOMS, the House resolved itself into a Committee of the whole House. HOUSE IN COMMITTEE. The COLLECTOR of CUSTOMS moved ' That the first enacting clause be read.' Clause read. The COLLECTOR of CUSTOMS moved u That the clause do stand as read.' The ADVOCATE-GENERAL seconded the motion. ? Passed.. The second clause was then read. . The COLLECTOR of CUSTOMS moved 'That the second enacting clause do stand as read.' ' Mr. HALL begged to offer a few remarks upon tho. provisions of this clause. He had no doubt but that Go vernment was actuated by a desire to benefit the* Port and ' themselves by getting rid of heavy responsibilities ; and it was not his intention to offer any fri volous objections to the passing of the BilL He, however, thought it high time that the Port should have some dictum in the control of its affairs ; it was quite time that ' it should be loosed from leading-strings, and. freed from . its present state of vassalage. Certain it was that the ? Port was enlightened by two resplendent luniinaries— the ? Harbour-Master and the Collector of Customs. He could not say they were the greater and the lesser light, for they acted independently of one another — each revolving on its own axis, and illuminating its own proper sphere. They were like to two large safety-valves upon which appeared to - depend the welfare of the community. It was high time, however, that this order of things should undergo a change, and he would be glad that a Bill to that effect should ? pass; but he could not agree with the enactments of the clause before the House. It provided that the offices of Harbour-Master and of the Master - Warden, should be vested in the same individual. Now, this was not at all necessary — nay, it was self-evident that the two offices were incompatible ; for how could men be coupled together who had distinctly different offices to perform ? How could he who had to order be joined with him who had to execute? Certainly it was possible to unite the duties of the two offices, and vest them in the one person, but it was quite impracticable for that person ? to discharge the duties of the two separate offices. The Harbour- Master should fill one or other of the situations. He (Sir. Hall) did not place much value on the fact of- the Harbour-Master being a Naval officer: that, with him, weighed little more than the epaulettes he wore. But he knew him to be a thoroughbred seaman, whose entire heart and soul were in his profession, and ons whose untiring energy and zeal would redound to the credit of many a ? younger man. The Harbour-Master was not a young man, And that was sufficient reason, in his opinion, why they . should not impose upon him those double duties which he ' (Mr. Hall) was sure could not be performed satisfactorily by any one individual. There were one or two clerical errors in the Bill, which, if they did not prove its - death-blow, moat certainly entail a great amount of *--fiuhDB in its operations. The first error he had just shown was the merging of the two incompatible duties
in one and the same officer. The next was, that while the Bill enacted certain duties and improvements, giving power to the Board to alter existing rules, to grant licences, to levy certain duties, fees, and fines,* it did not contain the ne cessary monetary provisions for carrying into effect the measures and improvements that might be judged neces sary, and he (Mr. Hall) had seen so much unwillingness manifested when money grants had been brought before that House, that he considered the objects of the BUI, from its total want of provision on that head, would be altogether neutralized. He further contended that the Trinity Board ought to have charge of the Gunpowder Magazine, and its removal from the ships, a point which required to be at tended to better than it was at present, since it was now removed with no more precaution than a- cask of nails, or any other merchandise ; and as the police had no power here tofore, public safety was much endangered. This depart ment ought therefore to be put under the control of the Trinity ' House, which was not done by the present BilL Another point which did not appear to be provided for by the present BilL was their supplying the Board with the necessary funds to carry on useful improve ments connected with the Port. This ought to be done by allowing them the dues of the Government Wharf, or giving up to them the Government* reserves, and thus preventing them from being under the necessity of constantly coming to that Council for votes of money, which the Council, as far as he could see, did not appear to be too willing to grant. His first objection, then, to the clause was, that the Har bour-Master and Master Warden of the Trinity Board ought not to be associated in the same person with that of the Harbour-Master. He ought to be an executive officer of the Trinity Board, and consequently subject to the super vision and correction of the Chief Warden. The second ob jection was that no provision was made for placing the Powder Magazine under the management of the Board. His third objection was, that no funds were provided ; and a Trinity Board without funds would be a nonentity. The COLLECTOR of CUSTOMS suggested that it would be better for the hon. member to embody his objections in an amendment, as then there would be something for the discussion x-f the House. He would beg, however, to observe that Captain Lipson held his commission as Naval Officer of the province, and not as Harbour-Master. It would ba better, then, for the amendment to embody the proposition that the Harbour-Master should be subordinate to the Naval Officer or Master Warden of the Trinity Board. The hon. member had also objected to the Bill that there was no pro vision in it far placing funds at the disposal of the Trinity Board for deepening the harbour and other im provements ; but in reply to that, he begged to observe that this was not the time for doing that ; that it was not a money Bill, and consequently that it would have been irregular to have embodied a money vote in it. The proper mode of procedure was, to agree on the consti tution of the Trinity Board, and then to place a sum on the Estimates for its purposes. (Hear, hear.) Again, as to the frequency of application to the Council, to which the hon. member seemed to look with some degree of despondence.
as a source for deriving funds tor improvements at the Port, he thought if the hon. member looked at the 5th clause, he would find that the pilotage dues and fees for j use of the Steam-tug were intended to be placed at the dis posal of the Board ; these would forthwith be some means, though perhaps not wholly adequate to the requirements of the Port. Mr. HALL begged in return to refer the hon. Collector of Customs to a return — an imperfect one, it was true — which had been laid on the table of the House, from which he would 'find that instead of there being any likelihood of a fund arising from the sources he had alluded to, there was, exclusive of the expense of the establishment, a posi tive loss of some £130. It was true they would have power to increase the dues on the shipping ; and they must do it sufficiently to enable them not to be at a loss by the ser vices, which ought a* least to pay for themselves. (Hear, hear.) But it would not do to raise them beyond that, as it would be an injury to the interests of the colony. He would therefore propose the following as an amendment: — ' That the offices of Harbour-Master and Master Warden of the Trinity Board shall not be united in the same person, as the duties were incompatible.' Mr. KINGSTON seconded the amendment, aud was borne out in doing so by ths example of the Trinity Board in England, where the master of the Trinity House had the power to arrest and displace the Harbour- Master— a power not likely to be exercised if the two offices were united in one. Mr. HART said he would move ths following amendment on the clause : — ' That the Master of the said Trinity Board be appointed by the Lieutenant-Governor, with a competent salary, (such Master not 'being the Harbour-Master of the Fort, or holding any other office under Government), and that the four Wardens be unpaid, and nominated by the Legislative Council for appointment by the Lieutenant-Governor.'
He believed that the argument drawn from the incom patibility of the duties could not be refuted. Ife thought the Port was in a peculiar situation ; no money had been voted for the improvement of the harbour of the Port Proper ; whilst much wasteful expenditure of money had taken place in attempts to improve other parts. On such wasteful expenditure a Trinity Board would act as a check, and consequently would have to act as a check over Captain Lipson. The Collector of Customs had said it was not the time for voting money. He ..quite agreed with him that no money should be voted until the question was settled whether the Harbour-Master was to be separated from the Chief Wardenship of the Trinity ; for if he were not, he would not vote for any more funds being granted, to be spent by the present Harbour-Master. . He would rather have no Trinity Board at all ; and a Trinity Board without funds would be a nonentity. The REGISTRAR-GENERAL said as one of the amendments was of such a character as not to be able to be embodied in the Bill, but merely to elicit the sense of the House, and as all amendments at that stage of their pro ceedings ought to be of a nature to be introduced in the BilL he would take the liberty of moving another amend
ment, as iouows : — ' That the Naval Officer for the time being should be the Chief Warden of the Trinity House.' : Mr. NEALES thought it would be of little importance what name the person was called by, if he in reality em bodied the two offices of Harbour-Master and Warden of the Trinity House; and he felt that they ought to be separated. Mr. HALL fhen withdrew, by permission of the House, his amendment, and in its place substituted the fol lowing :— '' ' And be it enacted, that one of the Wardens of the said Trinity House shall be the Collector of Customs ; and the remaining four Wardens shall be nominated by the Legislative Council of the said province, for the appointment by the Lieutenant-Governor aforesaid ; and that they shall elect their own Master.' Mr. HART could not agree with it, since, however com petent the present Collector of Customs might be from his knowledge of nautical affairs to be a member of the Trinity Board, it by no means followed that all his suc cessors might be equally competent; as Collectors of Customs were not necessarily in virtue of their office sup posed to be judges of the qualities of pilots, or of the best positions for lighthouses, &c. Mr. HALL thought there were certain duties, in the exercise of which the Trinity Board would be obliged to ' consult the Collector of Customs ; such as the licensing of wharves, &c. ; and therefore that it would be advantageous to have him on the Board, and it would not be necessary that every future Collector of Customs should be as well acquainted with every rope' as the present one was, nor as able to steer ? a boat as close to the- wind — (a laugh) — in order that he might render the services he (Mr. Hall) contemplated at the Board. On the other hand, there was nothing in the duties of ,the Collector of Customs over which the Board would be called to exercise a control ; and therefore he was in a very different position from the Harbour-Master. Mr. HART, after apologising for so frequently addressing the House, was of opinion that the very reason the hon. member for the Port had given why the Collector of Customs should be on the Board, was a reason why he should not be there ; since all the Board would- require of the Collector of Customs would be in the nature of evidence as a witness, and he should not be both witness and judge. ? Captain BAGOT supported Mr. Hall's amendment. Mr. BAKER thought that it would have been better had some arrangement been made by the Bill to have the Chief Wardenship vested in the Chief Magistrate of the Port; but if the Government must have a voice in the matter, he thought it better to leave the question as to who should be their nominees, open ; and for his own part he did not see why the Harbour-Master should not be a member of the Board as weH as the Collector of Customs. He thought it would be an invidious distinction to say that the Harbour Master, who was an old and experienced naval officer and long resident in the colony, should not be a member of the Board, whilst they selected the Collector of Customs for the possession of those very qualities which Captain Lipson must possess in a superior degree — a knowledge of nautical affairs, an experience of pilots' qualifications, and the rest. He had no wish to make it compulsory thatvthe Collector of Customs or the Harbour-Master should be members of the Board, but would leave it open to the Governor's choice. After a few words from Mr. NEALES, The COLLECTOR of CUSTOMS explained that he bad not intended a mere alteration of the name from Harbour Master to that of Naval Officer, but that the two should be distinct. He thought it quite as absurd as any hon.
member could, that the person who had to discharge the duties of Harbour-Master should have the supervision over them. He begged to observe that notwithstanding all the compliments that had been paid to his nautical knowledge, he had no ambition to take any additional duties on him, as he found those he had at present to discharge were quite enough for him. The ADVOCATE-GENERAL would propose another amendment, to the effect that the Governor should have the. appointment of two of the Wardens, that three should be nominated by the Legislative Council, and the five should choose their own Master. He concurred with the hon. member for Mount Barker that as the Trinity Board was not in the place of a Municipal Corporation for the manage ment of the Port, but for the management of affairs con nected with the maritime interests of the province, it was proper the Governor should have a voice in nominating the members. Had the Board been nothing more than a Mu nicipal Corporation for the management of the streets, sewerage, &c., of the Port, the Government would no more tihnk of having an officer In it than it would in the Municipal Corporation of the City of Adelaide. (Hear, hear.) Mr . NEALES would not object to the amendment if some provision was made that the Harbour-Master should not be at once Harbour-Master and a member of the Board. Mr. .HALL had never been aware that Capt Lipson held a* commission as Naval Officer of the province — had never, in fact, heard of the title, and in all hits communica cations with Capt. Lipson, which had been numerous, Capt. Lipson had always signed himself ' Harbour-Master.' Mr. HART said that all the amendments, except his and that of the hon. member for the Port, would have the same effect as the clause which would let the Harbour-Master in to continue his extravagant expenditure, into which a Committee was enquiring, and would only give him a Board to sanction it. (Cries of 'Oh! oh!') He would, for his part, rather have no Board at all than a Board so
constituted. The REGISTRAR-GENERAL thought the objection of the hon. member for Victoria not a very conclusive one as to the Harbour-Master having the voting of the moneys of the Board, as his duties would be confined to moving ships, and changing their berths in the harbour. Mr. HARE would vote for the amendment ; because it would be incongruous to suppose that the two Government and public officers, who should be next competent to advise the Board, the one from his knowledge of water-side operations, and the other of water business, whether in the Channel or Gulf, in shallow or deep water, should not be considered competent to fulfil their duties, which refusing them a seat at the Trinity Board would imply. They were there not to consider the qualities of the present men who might fill the office, but were simply providing that such an offica should be created and filled. If the presaut Harbour Master were unfit for his office — which he (Mr. Hare) by no means thought to be the case — let them put him out and get a better. He thought the hon. member for Victoria saw mountains in molehills ; and imagined, forsooth, that the two Government officers would have such a power of witchery in them as to get over the members nominated by that Council to their side whenever any wasteful expendi ture of money was wanted to be exercised. Now, for his part, he had sufficient confidence in the judgment of that Council to believe they were capable of nominating men who would not be won over by the charms of the Collector of Customs or the Harbour-Master, or any other Govern ment officer, to sanction a wasteful expenditure of public money. (Hear, hear.) Mr. HALL begged to say that his reason for objecting to Captain Lipson being Master Warden of the Trinity Board didnotinauy wayarisefrom anysupposed inefficiency of that gentleman ; on the contrary, he believed that he had proved himself to be an able and experienced officer during his long discharge of his duties as Harbour-Master at the Port, and no one could entertain a greater esteem for him than he himself did — no less for his professional abilities than his other amiable qualities. (Cheers.) His objection was solely to the incompatibility of the two duties. The ADVOCATE-GENERAL would move a further amendment, to the effect — 'That the Government should have power to remove the Chief Warden from his office in compliance with an address to that effect from the Legislative Council.'
After a brief explanatory, discussion, in which Mr. Neales, Mr. Hart, and the Collector of Customs took part, Mr. KINGSTON said he would move as a rider to the amendment of the Adv» cate-General, that neither the Collector of Customs nor the Harbour- Master should be in the Board, and he found that in the Trinity Board of London there was neither Harbour-Master nor Collector of Customs. It was true, their duties varied from those of the present Board, or rather they had additional sources of revenue arising from procuring ballast for ships,. in raising which, they often (so we understood the hon. member to say) impeded the navigation of the river. From this source they derived a revenue of £600 a year, which they applied to the maintenance of alms-houses. (Cries of ' Divide, divide.') The ADVOCATE-GENERAL would only remark that he thought the argument of the hon. member for the Burra amounted to this, that because the Harbour-Master and Collect m: of Customs were not iu the Trinity Board in Lon don, and had spoiled the river, therefore the Harbour- Master and Collector of Customs ought not to be in the Trinity Board here. (Great laughter, in which the hon. member for the Burra joined very heartily.) The SPEAKER, after a few verbal alterations had been made in his amendment by the Advocate-General, put the amendment of the hon. member for the Port, and having declared the Noes to have the majority, n division was de manded, the result of which was as follows : —
iNOES. t Ayes. Colonial Secretary Mr. Neales Registrar-General Mr. Elder Advocate-General Mr. Hall Collector of Customs Mr. Waterhouse Mr. Grainger Mr. Peacock Mr. Gwynne Mr. Hart Major Campbell Mr. Younghusband Mr. Dutton Mr. Kingston. Mr. Giles Mr. Hare Mr. Baker Mr. Davenport Capt. Bagot Mr. Ellis. Tellers — Collector of. Customs and Mr. HalL The amendment proposed by Messrs. Hart and Kingston were negatived, and the clause, with the Advocate General's amendment, was agreed to. The COLLECTOR of CUSTOMS moved » That thethird clause do stand as read.' On the suggestion of Mr. NEALES, the words, ' other combustibles,' were added to the clause which related to the landing, &c., of gunpowder. Mr. HALL complained of the remissnesa of the police in not enforcing, or in fact attending to the provisions of the regulating the removal or conveyance of gunpowder. The ADVOCATE GENERAL, in reply to Captain Bagot, said it was intended that the by-laws of the Trinity Board should be laid on the table of the House for the ap proval, of that Council, if it were sitting when they were framed, or if not, at its assembling. Captain BAGOT considered the words, ?' laid on the table,' vague. It should be expressed, that they were to be affirmed by the Council. The ADVOCATE-GENERAL said the words, ' laid on th« table,' were found in England to give all the practical control required ; but if the House required it, he had no doubt the introducer of the Bill would, at the proper time, agree to an amendment embodying the suggestion of the hon. and gallant member for Light.
Tne clause as amended was tnen agreetwo. The COLLECTOR of CUSTOMS moved the. reading of the fourth clause ; and, at the instance of Mr. Hall, intro duced words extending the power of the Trinity Board to the supervision of all Lighthouses on the coasts of the province; and in reply to a question from 'another hon. member, said it was not deemed expedient to allow the Trinity Board to have the management of the deepening and improving other ports and harbours. (Hear, hear.) The Board would have fall power to improve Port Adelaide, and control and regulate the issue of licences to watermen plying in its waters, but not elsewhere, as it was considered that local improvements would be best carried out under local direction. (Cheers.) The Board might have the ap pointment of pilots for the colony, but that was an ex tension of power which would have no immediate effect, as there were no pilots wanted except for Port Adelaide ; and Port Wakefield would, in all probability, have a Harbour Master of its own (' Hear, hear,' from Mr. Hart). The REGISTRAR-GENERAL remarked that when ad ditional ports came into use there would be local funds rais.d to effect improvements, and those funds should be under local management. That was an additional reason why the powers of the Trinity Board should be limited to Port Adelaide. Captain BAGOT could not see how the pilots could be kept under the control of the Trinity Board if its power was to be limited in the manner proposed. For his own part, he hoped that the feather-bed system of pilotage was at an end, or that at least the day was not far distant when the pilots would venture to look out for ships approaching, and not, as at present, let many vessels grope their way into the Port in the best manner they can. Although he would give the Board the control of the pilots of the
colony, he bad no idea of its having the supervision of the outposts. ~ - ; : .?;?' '?.'.; ?--?'.? The COLLECTOR of CUSTOMS, in reply to Mr. Younvhusband, said the definition of South Australia in the Act of Parliament included all the gulfe, islands, &c., within a league seaward. Mr. NEALES asked if that would give power to fix buoys on a sandbank beyond that distance? The COLLECTOR of CUSTOMS— The Council can only legislate for South Australia ; but it is not at all likely that any extra-colonial power would interfere to prevent such a work as the hon. member refers to. . The fourth clause, as amended, extending the power of the Board to the regulation of all colonial lighthouses and the control of colonial pilots, was agreed to. On the motion that the fifth clause do stand as read, Mr. HART remarked that he saw no provision for placing the Steam-dredge at the disposal of the Trinity Board. The COLLECTOR of CUSTOMS replied that the Steam dredge was public property purchased for general service, but there, was no reason to suppose the use of it would be denied to the Board, althgugh the Executive could not bo imagined to hand over the entire control of it. There was no doubt the Council would be willing to furnish the Board with means to ' carry out all the objects of the Bill. The Steam-tug was in a different position, as it might be re garded as a part of the Port Pilot Service. Mr. HART considered the Tug was bought with pubMc money as the Dredge was, and both should be placed under the control of the Trinity Board. Mr. HALL maintained it would be a clear waste of time to incorporate the Board for the purpose of, among other things, deepening the Port, and yet withhold the Steam dredge from it. The COLLECTOR of CUSTOMS thought the better way
would be to introduce a clause to vest the btoam dredge in the Trinity Board ; but it could not properly be engrafted on the clause under discussion, inasmuch as it simply re lated to the dues which it was proposed to empower the Board to collect. Mr. HART referred to the fact that the Steam-dredge was advertised to be let, and argued that the rent should be considered dues. The ADVOCATE-GENERAL could see nothing to pre vent any hon. member who wished to increase the depth of water in front of his wharves employing the Steam-dredge to do so ; and the rent in that case might go as dues to the Trinity Board; but there were strong reasons why neither the Steam-dredge or the Steam- tug snould be placed abso lutely at the disposal of the Board. He might in illustra tion instance the case of despatching assistance to a vessel in distress. In such extraordinary cases, the Executive should have the control of the Steam-tug, but both it and the Steam-dredge would, under ordinary circumstances, be at the disposal of the Board. Mr. KINGSTON considered the Trinity Board should have the right to charge for the Steam-tug going to a vessel in distress the same as for services in the port. The COLLECTOit of CUSTOMS remarked that am biguity was no part of the policy of the Government ; and rather than any hon. member should vote under a wrong impression he would say that, although admitting Port Adelaide had the first claim, yet when the most pressing works there were completed, the Executive might require to take the Steam-dredge to other places. He must therefore not be considered as giving up the right of the Executive to the special control of the Steam-dredge. Mr. GILES said the Steam-tug would be a source of revenue ; the Steam-dredge a source of expenditure ; and it would be necessary to have one to work the other. The Steam-tug was to be given, and so should the Steam-dredge. (A laugh.) Mr. HALL thought it would be a farce to allow the Board only to have the control of the Steam-dredge at the pleasure of the Executive; and that the hon. member for Yatala was mistaken in supposing the Steam -tug a source of income. He (Mr. Hall) could show it worked at a positive
loss. Mr. BAKER contended that as the Steam-tug and Dredge belonged to the colony, it would be quite competent to the House to place them under the control of the Trinity Board. He rather regretted that the Advocate-General should have referred to the property of hon. members; t'ae question before the House was one that should, and he hoped would, be disposed of with the sole view of benefiting the colony. (Hear, hear.) Mr. HARE remarked that the Port interests were strongly represented in that Council; in fact they heard of very little else than the Port, its wrongs, its wants, and the wishes of persons interested in it (Hear, hear.) He thought hon. members should be more patriotic, and con sider that there were other interests to be fostered, other ports to be improved. Port Wakefield and Port Willunga might require the services of those engines ; and it would not do to take them out of the control of the Executive, or the outports might not obtain the use of them. Mr. HALL assured the hon. member for West Torrens that he was altogether wrong. (A laugh.) For the spoonsful of mud raised at Port Adelaide there wore 50 tons raised at Port Wakefield. If the hon. member would show that the same amount of good would result from work at Port Willunga as at Port Adelaide, he (Mr. Hall) would agree with him ; at the same time he would remark that it ill became the hon. member for West Torrens to talk of Port influence. (A laugh.) Mr. NEALES declared the Bill would be totally useless unless the Steam-dredge and Steam- tug were handed over to the Trinity Board. Captain BAGOT understood the Steam-dredge was pur chased from the general revenue of the province, and was to be used iu aid of the objects from which that general revenue was derived ; consequently, wherever the Council voted money to perform works of that character, there the Steam -dredge should go. - Mr, GILES — The Steam-dredge will fall in pieces before twelve months have expired. (A laugh.) The REGISTRAR -'GENERAL considered the hon. member for Light took a correct view of the question. The Steam-dredge undoubtedly belonged to the colony, and should be preserved for the colony. The Council might vote money for the improvement of Port AVnkefield or the mouth of the Onkaparinga or other places, and there must be a power to send the Steam-dredge to such places if it was required. It was not intended to give the Trinity Board Ibe absolute control of the Steam-dredge, but the Board could use it as the Harbour-Master had hitherto done, with the exception that the Board might apply the proceeds as part of its income, but the Harbour-Master paid them over to the Treasury. Mr. HART argued that the Government might with equal propriety remove the Adelaide Lightship as withdraw the Steam-dredga from the improvement of the Port. It was the peculiar character of Port Adelaide that caused the late Council to send for the Steam-dredge, and the im provement of the Port would be its proper employment, as it was the object for which it was originally procured. If the Executive retained the power to send the Steam-dredge
away to other places, the rent or dues received snould still accrue to the Trinity Board. ('.' No, no,' from the Govern ment benches.) ? Mr. NEALES knew that the Steam-dredge would be soon worn out, and wanted to see it worn out working at Port Adelaide. (Hear, hear.) The COLONIAL SECRETARY said the only object the Government could possibly have was to see the vessel re ferred to profitably employed for the colony, and cases might arise when it could be employed with greatest benefit to the colony at a distance from Port Adelaide. Captain BAGOT was not surprised at the difficulties raised by hon. members, as no steps had been taken to im prove Port Adelaide since, the Steam-dredge arrived. Hear, hear.) Indeed, it was supposed by members on that side of the House, that it was not the Governor's wish to improve Port Adelaide; but he was gratified to hear the statement of the Colonial Secretary, which was in some degree an assurance to the contrary. Mr. BAKER considered that as the Government was' anxious, according to the Colonial Secretary, to improve Port Adelaide — (a laugh) — there would be no objection to the Trinity Board having the Steam-dredge to carry out the intentions which the Government could scarcely say it effected. The ADVOCATE GENERAL thought it was barely possible the Trinity Board might err in some things, and it was just as well to lave power with the Executive. that could only be exercised in opposition to the Board for the general benefit. ^ '. ? Mr. HART proposed an amendment, but was induced to withdraw it, and the clause was agreed to. ' ?'- Mr. KINGSTON proposed the adoption of the following clause: — ' And be it enacted that the Steam-tug and Steam-dredge, together with all buoys, moorings, mooring-chains, lightships, and lighthouses shall be and are hereby declared to be vested in and be the property of the Trinity Board.' The ADVOCATE-GENERAL said it would be ex ceedingly ill-judged for a Committee of that House to decide on a question of that sort, which was only laid before it during the discussion. There were many im portant considerations involved in the clause proposed by the hon. member for the Burra; and he was certain no hon. member of that Committee arrogated to himself a perfect foresight of all the consequences that would follow such a vesting of public property in any Board. (Hear, hear.) One of the results of such a proceeding occurred to him at that moment ; that was, the possibility of the pro perty being seized for the private liabilities of the members
of such Board. (Hear, hear.) He' would move an adjourn ment of the Couimittee until Thursday, that all might have an opportunity to consider the effect of the proposed clause. *'? '; '.' y Captain BAGOT seconded the motion, which was carried nemcon. CUSTODY OF THE PUBLIC MONEY. -Mr. BAKER wished to ask a question with reference to the manner in which a recent resolution of that House, recommending the Government to .deposit the colonial treasure in the Bank, had been carried out. He certainly understood the resolution to recommend it to be deposited in all the Banks alike; but ho since understood that it was placed in one Bank only, and would like to be informed if such were the case ? The COLONIAL SECRETARY said His Excellency had, in consequence of the recommendation of that Council, caused the public money to be placed in the B&nk of South Australia, and in doing so he thought he would but carry out the views of the Council, by giving to the different Banks the advantages so long confined to the Bank of Australasia. Mr. BAKER considered it was incurring a very unne cessary risk to place in one Bank what should be divided among them all. Besides, he considered it an impolitic proceeding, and one that would have a pernicious effect upon the monetary^ business of the colony, and would not have the effect which His Excellency expected. Mr. ELDER understood it was the intention of the Go vernment to place the money in the different banks in rotation. The COLONIAL SECRETARY— Such is the intention, and that His Excellency understood was what the Council recommended.
CUSTOMS AMENDMENT BILL. The COLLECTOR of CUSTOMS moved the second -eading of this Bill, which was agreed to, as was also its con lideration pro forma in Committee. On the several motions -f the hon. member the various clauses were agreed to ; ind on the house resuming, the report was brought up, and the Bill laid on the table. ESTIMATES FOR 1852. The REGISTRAR-GENERAL, in consequence of the lateness of the hour, would not press the Estimates on tho attention of the House, but moved the adjournment of the question until the next day. Agreed to. MORTGAGES OF SHEEP AND CATTLE BILL. Mr. BAKER moved— ' For leave to bring in a Bill to give a preferable lien on wool from leason to season, and to make mortgages of sheep, cattle, and horsM ralid without delivery to the mortgagee.' He proposed to follow the example of a neighbouring colony, where a similar measure was found to be productive of great advantage to the stockholders and the community generally. The Act was first passed in 1846, but was dis allowed by the Home Government; it was re-enacted in 1847, and again in 1850, when it was approved of, with the stipulation that it was only to remain in force for three years, when, if necessary, it could be renewed. He pro posed adhering to that arrangement, and would, if that motion was acceded to, lay on tho table a copy of the New South Wales Act, which would of course require some verbal and other alterations to adapt it to this colony. Captain BAGOT seconded the motion. The KEGISTRAR-GENERAL did not rise to oppose the motion, as he thought the measure very important, and one that deserved a serious consideration at their hands. In voting for tho introduction of the measure, he did not, no more than any. other hon. member, commit himself to the principle of the Bill. Although tha original measure had been disallowed by the Home Government, it had been re peatedly re-enacted by the Legislature of New South Wales, and he could not think that would have been the case were the members of that body hot well convinced of tho prac tical advantages that would result from the measure. He hoped when the Bill arrived at the second reading to be able to give it his support. . ' Mr. BAKER remarked that the Bill which he asked leave to introduce was the amended ' Lien Bill,' which was approved of lor three years by tho Home Government. The SPEAKER put the question ; it was agreed to with out any dissent.
PORT RAILWAY UNDERTAKERS. Mr. DUTTON moved— ' That the Council proceed to elect an Undertaker for the City and Port Railway, in the place of Mr. A. II. Davis, who hai declined to act' 1 Mr. HARE seconded, and reminded the House that on a former occasion there was a tie between Mr. W. Blyth and Mr. A. H. Davis. He (Mr. Hare) would, consequently, nominate Mr. Blyth. Mr. BAKER understood they were to proceed by ballot The REGISTRAR-GENERAL thought they must continue as they began, to select the Undertakers by ballot, but he did not think it was the best mode of proceeding for such a purpose. He certainly thought the ballot done very well for determining Select Committees ; but for tho future he would recommend such appointments as Undertakers to be. made on nomination. (Hear, hear.) But when the ballot was resorted to the papers should be destroyed when the result was declared. ? ?- : ? Mr. BAKER was happy to hear the Registrar- General thus declare against the ballot ; he (Mr. Baker) should like to see open voting upon all occasions. Captain BAGOT was also always opposed to the ballot The SPEAKER declared Mr. W. Blyth, sen., elected Undertaker by a majority of one. He then brought up the report which was adopted. . GOVERNOR'S MESSAGE. During the day a message was received from the Go vernor, signifying his assent to tho Judges' Salaries Bill. The Council adjourned till the next day at 1 o'clock.