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ADELAIDE CORPORATION.
MONDAY, JULY 31.
Present-His Worship the Mayor (Mr. E.
T. Smith, M.P.), Aldermen Madge and
Bundey, and Crs. Shaw, Bohm, Richardson,
Downs, Fox, Green, Klauer, and Kither.
The following report which had been pre
pared by thc town clerk In reference to the
Waterworks BiU now before the Parliament,
was laid on thc table:—Gentlemen—l have
the honor to invite your attention Co the
Waterworks Bill prepared by the Govern
ment forthe purpose of consolidating thc laws
relating to water supply of "water districts"'
to be formed in the province. The city aad
the suburbs supplied from the Thomdon Park
Reservoir bring termed the " Adelaide Water
district," is fully described and set forth im
Ihe second schedule. There aro no less than
seventeen Acts relating to various waterworks
aituated in districts widely apart in the pro
vince, repealed by this Act. Clause li ofthe
Bill provides for the Commissioner to "take
and bold temporarily or permanently audi
lands as he may from time to time deem
necessary" for -waterworks purposes, and to
erect on such lands snch buildings as he shall
think proper for supplying the inhabitant* of
any water district with water." Clause 22
precludes him from entering upon any lands
being used either as a garden, orchard, or
plantation atttcheitoorbelongingtoah?uge,
and he is not to enter "any par^, planted
walk, avenue, or ground ornamentally
planted, not being nearer to the "nwwow
house of the owner of such lands than one
hundred yards therefrom," He may use such
lands for various purposes defined in the BiU.
and may deposit and manufacture and woric
uponuich landsmatcrialsof every kind used in
constructing or repairing the eaid wsrks.
Under tbis power, if it pass, he will at aar
time be enabled to enter upon the City Park
Lands, or any other township park lands, and
take possession of and bold for any purposes
connected with tbe waterworks such portions
without limit as to ares, as "he may deem
necessary." And he may, by clause 29, ** de
mise any land acquired by him," which he
may uot require for the purposes of the Act,
"for such period, at snch rent, and nponsnek
conditions as he shall think fit, and may sell
or otherwise dispose of any land or other
proper which he may not require for the pur
poses of thia Act," I am not speaking my
own opinion or any inference drawn from aa
ambiguous or indefinite power, but quote ths
words of the Bill, which are clear and lucid
enough to convey the purport of such a grasp
of power. It is necessary that some saving
clause should be inserted in this Bill Co re
strain thc Commissioner from taking posses
sion of any square, park lands, or reserves
without the consent of tbe mayor and council,
where such squares, park lands, or reserves
are under the care, control, and management
of the municipal authority, and also co pre
vent these lands from bring broken op with
out such consent. Fart ir. of tke Bill, dause
32, modifies and contacts materially tha
rights already vested in the corporation
by section SG of tiie Waterworks Act
of 1874, ar.d 1 tfainlos tbe words "ex
clusively fcr public purposes" in tbe
last line should be struck out. Clause
40 prohibits any person except die Com
missioner or tbe person employed by him
from repairing or interfering with any meter
for measuring tfae supply* of water. We
should take thia prohibition in connection
witii " clause 101," where the meter registra
tion of the water supplied certified by tiie
Gcmmissiocer, or any offioer appointed by
bim tinder this Art, shall be conclusive evi
dence of (he quantity of water consumed.
And as it is not to be taken as prima fade
evidence, bnt as "conclusive evidence," it
cannot fail to be seen how the consumer is
absolutely at the mercy of the Commissioner ;
and X therefore think that provision shoald
fae made for aa independent testing of any
meter nnder dispute. I fail to see why the
Commissioner should be endowed byan Act
with such exceptionally favorable powers, or
even with any powen beyond those which
ordinarily exist between a buyer and a seller.
It is a matter e>f notoriety that water-meters,
as well as meters registering the supply of
gas, are liable to erratic movements, ana ttis
generally found that the irregular action is
against the consumer. .Clause CC provide*
for the Commissioner adopting, either wholly
or in part, any assessment in force which
has been made hy or by the authority of aay
municipal coporation or district council;
and clause (>7 says—"the Commissioner, or
any person having an order for that parpose
from him, shall be entitled as of right at all
reasonable times to inspect, free of charge,
all rate-books aad assessment-books thea im
ote or in force relating to aay land oe
premises -within any water district^ and all
otiier books and documents relating thereto,
and may, free of charge, make and Cake
copies thereof or extracts therefrom; and ell
persons having such rate-books, assessment
books, or other book cr document in Ids
custody, power, or e?ntzol,ahallatall reason
able times, and without any fee or chargo
whatever, afford to the Commissioner, aad to
all persons authorised as aforesaid by him in.
that behalf, free access to all audi ratew
assessment, and other books and documents."
In reference to the assessment of city pro*
perries, this is not only unfair that the Com
missioner shonld avail himself, without pay
ment, of the services of the officers of the
corporation, but unjust in seeking to obtaia
the valaable information from the corpora
tion books on whidi to base his assessment
for waterworks purposes "as of right.**
Where thc right comes ia, except by the
might of the stronger over the weaker
power it will I think be difficult to discover.
And in clause CS a penal power is sought to
ccnipd any peraon having the custodyof aay
rate book, &.c, wilfully neglecting or refusing
to aid either the Commissioner or the person
by him authorised in audi inspection, to pay
a tine or penalty not exceeding £30. Clause
Sl tcts forth the principles upon which "the
Commissioner may make and levy water rates
cn all lands and premises comprised in thn
Adelaide water district." Clause 84 exempts
lands or buildings used exclusively for chari
table purposes, or any church, chapel, or
buddings used exclusively for public worship,
and any State school, from rates on assess
ments ; but, if waterbelaidontoanyoftheso
premises and a meter fixed to register tho
quantity need, then "tiie Commissioner may
charge for all water supplied by measure"
Clause 100 provides for an appeal in manner
provided by the Ordinance So. 6 of 18-59,
from any order of a justice or justices, but
tliis clause 1 believe to be defective, as it does
not provide for thc statement of a special case
for the decision of the Supreme Court thereoa.
Clause 108 is unnecessarily harsh and arbi
trary,and will lead to careless andimproperuse
of tiie powen of distraint for rates by the
desks or servants of tbe Commissioner, and
no matter how irregular or unlawful Che pro
cess may be for the enforcement py distraint
of payment of any account, it is provided that
the persons making audi distraint are not to
deemed trespassers. Why the Commissioner
should seek to obtain these powers I cannot
comprehend, except it be to encourage negli
gence in public servants. There ia a proper
and legal form in which these things may ita
done, and the Commissioner shonld, I think,
fce content therewith. It would be just as
l*opcr to exempt by legislative enactment
laueilords from the consequences of illegal
distraint. Clause IM, which provides as to
proceedings to be taken against the Oommis
.-ionerorhis servants, is arbitrary, and the
words " one month,"inthetbirticthandthirfy
hrst lines should be altered to "one week."
Clause 100 is most defective, as whilst it
<irj>owen> "some justice (in other partsa£
vbu BUI provision is made for informations to
be heard before two justice? > to proceed with
all convenient despatch tu the hearing and
determining of a complaint against as
offender," it does not provide for "soma
justice** to inflict punishment for the offences.
One of the most extraordinary powers of tho
Bill, and certainly a most- unjust one to Che
city, is contained in clause Hte, where it sets
forth "the Commissioner may, witfa the con
sent of the Governor, lease to any municipal
corporation or district council or other per
sons the whole or any part of any water
works, and any property connected therewith,
for audi period, at such rent, upon such terms
and conditions, aud subject to such powers,
reservations, restrictions, and provisions aa
he may think tit." Provision is made for Cha
acceptance by any municipal corporation
or district council of any such lease; bgat tho
lower .-ought to be conferred by such
clause is uot to apply to any waterworks
within the water district of Adelaide, as
dcscril>ed in the second schedule to the BUL.
< lav.se 11(1 is certainly an amusing one, as it
pioiiiics that "all felonies, misdemeanors,
tines, {penalties, and forfeitures for any crime
or ctlcncc against thc provisions of the Act
arc u> lie punishable, payable, and recoverable
agaii-it, by. and from the pcrsoa committing
cr liable to the tame ;*" in *-ther words, a
(him;ii cciiiiniuinga felony may be recover
able, a pei&ou cummituug a misdemeanor
ii.;;*) be i-ayablc, aud a fuifciturc may bs
lii.tablc 'ihis clause is marked in thc margin
ss *? new." and it certainly is so, aud could
not be uiUt&kcn for anything else. It be
hoves the council, I venture to remark, to
seriously consider the legal disabilities under
which the corporation will suffer should this
min deal measure pass in its present form.
And looking at thc very arbitrary results of
the present >ystem of assessment, I think it
would te; iihtc juit to have a minimum as
se;.-inent on all property alike, occupied or
unoccupied, calculated to produce a propor
tion ct the interest on the capital employed,
and IK-yond thia a charge for all water aa
supplied. Ithinksomeetfottahouldbetnade
to obtain for the corporation the right of
I urehasc which they had under the old Acts.
—I nate, &.c, TbotuiM Worauop.
lie Mavou explained Una Che object of
thc meeting was to consider a report which
bad been crafted by the town elede in con
nection with the Waterworks Bill now
before Parliament. The second ival
ing of the Bill ?3. put down on
the notice paper for une following day.

Vndbc thought ttat tbe councillors would
?.j;ree with bun that thc town clerk had very
widely called attention to some of the clauses
in tbe BilL So time should certainly be lost
in communicating the views of tbe council to
thc Government, and pointing out to them
those of the eUauses to which thc town
clerk in his clear exposition of thc
111 11 had drawn attention. Sonic of the
{.revisions of the Bill, if carried into law,
weuld act most oppressively on the reaid 'ats
vf thc city and the suburbs. He was sure
that if the attention of the Government were
tailed to the matter they would listen to any
reasonable proposal.
Aid. Mai ?;t: thought the matter of very
fu at importance, and agreed with the re
marks which his worship had made. The
ir|ert micht be fairly taken as read. Tne
i?wn o.erk had gone through thc various
?-!ai:ses of thc Bill, and pointed eut
thoic which, if adopted, would ao.
]ircji:dicially to the city, and take out
?f the bands of the council thc powers
xihich they had a right to retain. For his
?wn 1 art be had not had sash, ion? time to
?:o carefully through the Bill, but he would
move to the effect that the town clerk's report
be received and adopted, and that a deputa
tion cf the council be formed to wait
??pen the Chief Secretary on Tocsday
njcriang, asking him at auy rate to
?-arcfully consider the report and make
such emendations in die Bill as would pre
serve the citizens' interests. Ho saw that
clause :> gave the Commissioner unlimited
jcwci*?, which would enable him to go on auy
-^uares, reserves, or plantations within the
city, without giving any previous intimation
to the council, and use them as part of the
water area, for thr storage of water, or for
any ether purpeisc he chose. It was necessary
Therefore that the council should do all
they eculd to prevent such a thing. Further
cn a clause provided that on thc ?,?* A- <i
cf the Commissioner, the corporation
e-culd be prevented from having a supply
?.f water for street watering purposes,
while the power whieh thc council prv
xicusly possessed of being able to purchase
thc waterworks was entirely withdrawn.
This power should not be taken from them,
slthcugh now that the waterworks were so
mixed up with thc outside area he did tioi
?uyic.e that there was any chance of the
<-tiir.il ever purchasing them. At the same
tiitc _cucr was given to other corporate
ledies, and be therefore thought it would
1 e i:r.just if the city did not possess thc same
privilege. (Hear, hear.) He would move—
"That the rei>ort of the town derk be
adeftcd, and that a deputation wait '.ijkju
the I'hief Secretary in reference to the
matter on Tuesday nurniing.'*
tY. 111. haki?oN did not object fo AM.
MadgcV prt>i<csiiii>n, hut he did not see wha:
ti.e tln.ro would l.e in appointing a deputa
tion to wait upon thc Chief Secretary. He
agreed with what had been said with regard
to the town clerk's report, but he would point
out that as thc second reading of the BiU was
to be taken on thc following day there would
not be sufficient time for the Chief Secretary
to consult his colleagues on thcsuhjcct of any
alteration. He tbeaight it would 1? better if
the n-aj or and town clerk were to place the
matter before Parliament, and ask for their
further consideration, and get them to delav
thc Bill.
His We>R-iiii' considered that it would be
re'-kisa'.-le to omit that portion of the resolu
tion relating to the deputation. The atten
tion cf the Chief Secretary would he called
to the various objectionable clauses in the
Bill, and he (the mayor! would take care to
iuteiview thc city members, and ask them
to carry out the views of thc council as far
as possible. If the Chief Secretary should
foreshadow in his speech in the second read
ing of the Bill his desire to recommend any
alterations in committee their object would
be attained: but if he did not do so he (the
ir.ayor) would, witb the help of thc city mem
bers, endeavor to have thc alterations effected
himself.
Aid. M&dce said, after the remarks which
had fallen from Cr. Richardson, he would
: grec to strike out of his resolution all the
words relating to the deputation.
Aid. Bi >*Pi:v and Crs. Shaw and Rob-crt-*:
bsvirg supported, the motion wa. put and
carried unanimously.
It was further decided, on the motion of
t'r. Kobbbts, to forward copies of the town
clerk's report to all the members of Parlia
ment ana to cadi of the corporations con
nected with the association.

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