Image TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage Tile
Image size: 7680x11264 Scale: 35% - PanoJS3
Page overview thumbnail

Article text

'ARLIAMENT OF SOUTH
AUSTRALIA.
LEGISLATIVE COUNCIL.
Thursday, Notehbbr4.
Mr.FORSTEBsald he had perceived bj the paper.
lat a correspondence had taken plMe between the
Commisiioner of Crown Lands and Mr. Stuart la wbkh
i'-SVS^.*'?.1*?!0 s^uxe »»»oreountrvhad been
?ueicu ki uuk Bouueiusu, on ccnain terms, subject to
he approval of the House of Assembly. He wUhed 10
uk the hon. the Chief Secretary if it were so, as he pre
lamed tb.it could only b* done by a violation of the con
lltions prescribed bj Act of Parliament. He would
wish to know whether such a vote could be passsd wlth
-ut the sanction of both Houses of tie Legislature.
The CSIEF SECRETARY said his attention had
-een caught by the matter, and he hod drawn the atten
tion of the hon. the Commissioner of Crown Lands
io it.
CENSUS RETURNS.
Mr. FORSTEB would ask the hon. the Chief Secretary
whether any steps were about to be taken with respect
to taking the census of the colony.
The CHIEF SECRETARY, in reply, stated that a
mm was placed apoa the Estimates for that object, but
it was in contemplation to collect agricultural statistics
it the same time, by which the work would be facilitated
mil economy observed.
GLENELG PLER.
Cap'ain BAGOT rose in pursuance of tho notice he
hod given, to ask tbe Chief Secretary ' Whether it is
the intention of Government to proceed with the erec
tion of' the iron breakwater at Qlenelft; and, if so,
whether auy reliable estimate has been obtained as to
the cost of its erection.' He was led to ask the question
from having seen the other day that a movemuit had
taken place in the iron for the construction of the
breakwater. From the measure of knowledge he had of
engineering he was sure the expense of proceeding with
the undertaking would be very great, much greater than
many people supposed. Before It was decided upoa he
thought it should be well ascertained what amount
would be required in add'.tlon to the great expense
which had already been incurred.
The CHIEF SECRETARY, in reply, stated that the
Government had not decided to carry on the work.
Revised estimates had, however, been sent in, by which it
appeared that it would cost £3,200, and take 12 months
for its completion. There were no funds in hand for
constructing tl-e breakwater, but there was enough
remaining for completing the jetty.
RAILWAY CLAUSES CONSOLIDATION
ACT.
The CHIEF SECRETARY, in introducing this Bill,
emarked that the principal object of it was to remove
he gates which at present existed at level crossings
ipon railways. If the Bill were carried, a saving of
23,030 per annum would be elected without additional
Lsk of property or life. The plan which it was proposed
ihould be adopted had been iu operation for several
rears in America; and although accidents might more
rcquently occur 0:1 railways there than in oilier coun
ties, they arose from defective construction, and became
hey were less efficiently conducted, and not from the
mcroachment of cattla.
Dr. EVE HARD was opposed to the Dill, on the gronnd
Lhat the ditch proposed to be substituted for gates
would not be effectual in hindering cattle from trcjpus
ing upon the railways. It was a fact known by all
owners of cattle that they were not so much in tho habit
af running directly from one side of the road to the
other as of stepping in the middle. Ue apprehended
the alteration would be productive of great danger. He
should have na objection if the gates remained, as they
did in some district roads, without a gatekeeper, and a
penalty were inflicted on those who opened them if they
omitted to close them. Some district roads were en
closed for convenience sake, and no one objected to open
snd close the panel/, and h ? thought the same plau
miicht be adopted nilh railroads. Such ga'C3 would not
cost more than £20. With a ditch aud gate ho was of
opinion that more safety wouiJ be crjjjoU than with a
gatekeeper, and at greatly lea expense. If the liill
were amended he should support it, but if not he must
object to it.
Captain UAGOT, with all respect for the preceding
speaker, was surprised at opposition to the measure
being connected with the question of safety^ as the
only accidents since the operation of railways iu the
colony np to tbe present time bad arisen from the care
lessness of gatclieepeH. The plan had been adapted iu
America with the railways, with which country it was
more proper to compare tho railways of Australia than
with those of England. No accidents ocenrred through
the straying of cattle there. Railways were taken
through the streets of tbe towns without alarm to cattlt
or people, the only precaution being that the train
moved on at a slower rate, and that notice was given of
its approach by the ringing of a bell. It was a duty to
lesseu railway expenditure by alt reasonable means; and
he thought the charge proposed by the Hill was one of
the means. He should, therefore, give it his support.
The Bill was then read a second time, and, ou the
motion of the CHIEF SECRETARY, committed.
Clause 1 was passed with verbal amendments.
On clause 2 being submitted, Dr. EVERAUD moved an
amendment in it, so as to make it meet his views of what
waa necessary to the public safety; but, finding no
seconder, the clause was passed with merely verbal alte
rations.
Dr. DAVIES referred to the insecurity wMch would
arise from loose' stones being struck upon the lines of
rail if no peraou3 imipecUd the crossings, and suggested
the desirability of a light being placed at tho crossings
by night, concluding by asking the Chief Secretary if
such superintendence were contemplated.
The CHIEF SECRETARY, in teply, said Ihe object
of the Bill was to do away with the gatekeepers. Tnero
were Inspectors constantly travelling up and down upon
the line, and labourers who were employed upon it,
so that no accident was likely to occur from the causes
referred to.
Mr. HALL would call the attention of the Chief
Secretary to the fact that the Commissioner of Public
\Yorks was authorized by the Bill to do this, that, and
the other. He supposed that was the case on the sup
position that the Public Works Bill would pass. If
that wcro ths cose it would be well, ha thought, not to
take the bill out of Committee until the fatu of that
measure were decided. Decidedly the Commissioner of
Public Works was not the person to possess the
authority at present.
Captain BAGO r remarked that it did not appear from
the manner in which the Commissioner of Public Works
was introduced in the Bill, that he would have the
general mpervi ion of all publ:c works.' Ue might direct
the removal of gates where he thought proper, and jet
not interfere in any way with the manner in whuh it
should be done. The Bill might certainly be more cau
tisusly worded ; an exception also might be made in
favour of gateB in tbe immediate neighbourhood of the
city. It would be butter, perhaps; if the clause could be
altered to express that. It might be amended ss as to
read 'all or any' of the gates, and it should be made to
provide for the removal of gatekeepers lest some doubt
as to their removal should exist.
The CHIEF SECRETARY, iu explanation, said the
wording in the clause was permissive only, it was not
imperative. The Commissioner of Public Works would
be able to remove tbe gates if he thought proper. With
regard to what had fallen from the hon, Mr. Hall, that
hon. gentlemau would be aware that tha Commissioner
of Public Works would have the authority, supposiug it
were given to any person, whether the Publio Works
Bill were ca ried or not.
The PRESIDENT decided that the wording of the
Act, ' it shall be lawful,' rendered it imperative.
Air. FORSTER thought it was intended by the Bill
to invest the Commissioner of Public Works with func
tions be did not at present possess If it was so it was
very undesirable to pass the Bill at present. And he
need only refer to the discussion which had taken
place between the Commissioner of Publie Works and
the Commissioners of Railways to satisfy hon. members
of that fact.
The PRESIDENT explained that the uncertainty
which appeared to be involved in the phrase ' it shall be
lawful' might be obviated by Btriking out the words
'be lawful' and leaving the word 'Bhall.'
Mr. FORbTER, but for the President's decision, should
certainly bave taken the phrase us oily permistive; but
if it were imperative, there was the greater reason for
not taking the Bill out of Committee at present.
The CHIEF SECRETARY agreed in the suggestion
of the hon. Mr. Hall, if the phrase must be regaided as
imperative.
Captain BAGOT remarked that, by the introduction of
the words 'all or any,' the difficulty of imperativeness
would be removed.
On the motion of the CHIEF SECRETARY, the
further consideration, of the clause was postponed.
ClauBe3 wus pasted with a virbal alteration.
Clause 4 was added, providing that the Bill take effect
from the pisring thereof.
Leave was then given to report progress, and sit
again.
Mr. FORSTER, before the day was appointed, would
call the attention of tbe Chief Secretary to the fact that
Tuesday next being the birthday of the Piince of Wales
was about more or less to be held as a public holiday.
Ue did not know whether the Government were about
to regard it in that light.
The CHIEF SECRETARY stated that In conseqneno
of that fact he was about to have moved that the- bnsi
ness of the Council for Tuesday should be transferred to
Wednesday.
On the motion of the CHIEF SECRETARY leave
was ginn to the Committee to sit again on Wednesday
next.
SUPREME COURT AMENDMENT BILL.
The PRESIDENT announced the receipt of a message
from the House of Assembly, transmitting the Bill to
farther the Supreme Court Amendment Act of 1853, and
desiring the concurrence of the Council.
On the motion of Mr.MORPHETT, the BiU was read
a first time, and iti second reading made an Order of
the Day for Wednesday next.
On the motion of the CHIEF SECRETART, the
Council was adjourned to Wednesday next. - -
m ?
$