3Legizlatibe ~ouncH. - parliament of new south wales
Transcription
3Legizlatibe ~ouncH. - parliament of new south wales
1784 Patents Law Amendment. [COUNCIL.] Land and Income Assessment. the commissioners in the selection 0f a magistrate; but I do not approve of the omission of that portion of the sub-clause which refers to clerks of petty sessions, because I consider that seven years' experience in the office· of clerk of petty sessions is a practical training for the position of police magistrate. Mr. A. B. PIDDINGTON: The amendment will not exclude such men ; it will only , give a wide·r range of choice ! Mr. lVIcGO\-VEN : I must express my surprise that the Chairman of Committees should have allowed the hon. member for Fitzroy Division to make a charge against two or three gentlemen who are administering justice in this colony. It is a scandal on the administration of justice if there is a scintilla of truth in the charges which the hon. member has made against two or three police magistrates. Progress reported. House adjourned at 12·40 a.m. (Thursday). ~ouncH. Thursday, 17 October, 1895. 3Legizlatibe Patents L<tw Amendment Bill-L<tnd <tnd Income Assess· ment Bill (second re<tding). The PRESIDENT took the chair. PATENTS LAW AMEND:L\1ENT BILL. Bill read the third time. LAND AND INCOME ASSESSMENT BILL. SF.COND READING. Debate resumed (from 16th October, vide page 1737) on motion by the Hon. Dr. Garran: · That this bill be now read the second time. The Hon. C. G. HEYDON : I agree with the speakers on this question who have expressed their opinion that the House should now read this bill a second time. I am sure that no one will accuse me of being favourable to the proposals of this meo\sure, and I think that no one who has done me the honor of watching my course in this Chamber will accuse me of being indifferent to the privileges, the rights, and the duties of this House. At [Mr . .AfcGowen. the same time, it seems to me clear that there must come a time when, a majority of the electors having declared unmistakably their view, this House must su bruit to their wish. I listened with a great deal of regret to the view's expressed by the bon. member, Mr. Hoskins, on this subject last night, because I entertain a very great respect for that hon. member on account of his long experience, and his high character and reputation, but I am quite unable to agree with the conclusion at which he arrived. He stated, after giving many strong reasons against the justice of this measure, that in the fa,ce of those reasons, in the face of the onesidedness, the unhirness, and the injudiciousness and the mischievous operation of the taxes proposed he could not bring himself, whatever mandate was given hy the country, to vote for it, or, as I understoocl from him, to do anything but vote against it. I should like to ask the hon. member and other hon. members in this House how far a principle of that kind can be pushed by this Chamber 1 Are we to go on for ever, and if it is admitted that we are not to go on for ever, that this House was not called into existence for the purpose of operating as an irremovable block against legislation desired by the country, I would ask at what point we are to give way~ We can hardly come to a point at which it is clearer that a mandate from the country has been expressed than we have arrived at now. There have been two elections in the course of whic!J. this question of a landtax has been a prominent one. At the election before the last it was undoubtedly put prominently before the people, and the people expressed a view on the whole in favour of the tax. The Hon. A. H. JACOB: Not with exemptions! The Hon. C. G. HEYDON : I am not dealing with that for the moment, because we have power to deal with the exemptions if we read the bill a second time ; therefore, that is not a reason for refusing the second reading of the bill. N otwithstanding that at the election before last, the country expressed its opinion in the way that I have indicated, we considered ourselves justified, in view of the particularly strong objections to these proposals, in refusing to read the bill a second time. 'l'hen upon that, the bill was not sent up to us again by the mme Parliament. It was. Land and Income [17 OcT., 1895.] not another session of the Lower Chamber which resulted in the same measure being .laid before us to reconsider it, but it was put before the country. The country was asked again to express its opinion specifically on this question of a land-tax, and it returned an answer which I am sure everyone will agree was in favour of the measure. I regret that as much as anybody can possibly do. My objections to the measure remain as strong as they were. I have not seen them answered, or any attempt made to answer the arguments against it addressed to this Chamber. But there must come a time when we must bow to the will of the people. We are not . .created to stand alone against a majority, and a large majority of the country. It cannot possibly be. What is our origin ~ We are nominees. We are nominated by the ministry of the day, by the leaders of the other Chamber, the rulers of the country. By them we are nominated from time to time as occasion requires, and in this manner this House is recruited. Can it be supposed for a moment that with a provision like this for keeping up our number it was intended that we should be created absolutely to block the will of the people, even in cases where we consider the wish of the people is mischievous ~ I cannot think so, and I feel myself constrained to give way now most reluctantly and allow the bill to be read a second time, reserving to myself most certainly the right to do everything I possibly can, in conjunction with other hon. members, to improve the bill, and make it as little unjust as such a measure can be made. I do not wish, upon the question of the bill itself, to repeat the arguments I used on a former occasion, when I endeavoured to show that this measure should be regarded as one of the highest degree of injustice, a measure, itl fact, of confiscation. But before passing away from that to other matters, I should like to put one case, which it seems to me shows in a very marked way the unjust incidence of a proposal such as this. '\V e know that not very long ago, when land was at a very high value in this country, numbersofpersons invested in land at those high values, and purchased it to a very considerable extent on credit, the money advanced being secured by mortgage on the land. Since that time land has contracted in value; but, unfortunately, the 6 A Assessment Bill. 1785 mortgages have not contracted; and in many cases there are persons owning land which brings them in nothing, and staggering along with very great difficulty under mortgages which are almost equal to the total value of the land. Let me take the case of a property which is worth £24,000, and on which the land-tax would be exactly £100 a year. This land is mortgaged to the extent of £20,000. The nominal owner has really an interest in the land to the extent of £4,000. He will have to pay the mortgagee in full, or if the mortgagee · realises, thefirst£20,000 out of the proceeds will have to go to him. Therefore, upon the remaining £4,000, owned by the mortgagor, a perpetual and irredeemable mortgage, the interest on which amounts to £100 a year, is imposed by the proposals of the Government. It must reduce the value of this interest by at least £2,000, so that one half of his property is taken away from him at a blow by this unjust measure. I put that simply as one illustration. I repeat that I have never seen any attempt made to answer these views. I will now pass away to other considerations. I think that this House and still more the country has very great reason to complain of the course adopted by the Government after this bill-for it was the same bill-was rejected by this House last session. It was not rE\jected in any offhand, careless, indeliberate manner. It was debated fully, and a number of hon. members gave reasons of very great weight against the measure both as to its principle and details. It was subjected, in particular by the hon. and learned member, Dr. MacLaurin, to a close criticism of its details, which, I am sure, convinced every one of his audience that in a large number of particulars the bill was not only susceptible of amendment, but absolutely demanded amendment if it was to be in the most elementary degree fair and reasonable. It is precisely for work of that kind-critical, deliberative, considerative work-that this House was created, and the duty of the other House, the duty of the goYernment of the day is to bear in mind that that is the purpose for which this House exists, and to consider our criticisms. Instead of that, what was done 1 There was a dissolution of Parliament, and the Ministry went to the country, and instead of the views of this House having any opportunity of being considered by the country, the ministers Fourth nigh&; 1786 Land and Income [COUNCIL.] actually tied their own hands,and prevented themselves from giving any reasonable consideration to our suggestions. It became impossible, after this House had been denounced throughout the country as composed of persons described by the figurative expression "fossils "-old persons whose brains were past any useful or active work, and influenced entirely by personal, and, indeed, corrupt motives-after the Ministry had denounced the action of this House through the country on these grounds, it became impossible, when they came back from the country, to admit that our suggestions were worthy of consideration. And what has been the result 7 We have had exactly the same measure sent up, notwithstanding the numberless faults of the most serious character-which it is impossible for any reasonable man to denywhich were pointed out here. That is not the way in which the business of the country should be carried out, nor is it the way in which it was intended that our Constitution should operate. It paralyses. the work of this House. What is the use of our doing the work which we were created to do if, by conduct of this kind, it is rendered, not simply nugatory, but hateful in the eyes of the people 7 I trust that the representatives of the Ministry will bear in mind that that is on their part a grave dereliction of duty, that they are bound to attend to the reasonable suggestions of this House, that we have a right to make amendments which are suggestions, and that they have no right whatever to say"Wewill not consider the amendments of the Council. Wewilldenytheir right to make any amendments, and if any attempt is made on their part to improve this bill, we will again denounce them to the people, we will again raise a constitutional crisis." The misrepresentations with which the arguments of this Rouse were received, were gross and absolutely indefensible. The persons who made the misrepresentations must have known perfectly well that they were making misrepresentations, for the hon. and learned member, Dr. MacLaurin, pointed out that a person-a widow, as he said-receiving a certain income from land, would be mulcted in a certain sum per annum, and a considerable sum in proportion to the total income, while, he added, a member of the Lower House, receiving exactly the same income, would not be. mulcted in one .[The Hon. G. G. Heydon, Assessment Bill; penny. That contrast was the contrast to which his illustration was directed. The contrast is absolutely ignored everywhere, and the illustration was repeated in a mutilated form simply to be made the subject of sneers and laughter, sneers which, I venture to say, disgraced those who knew at the time that they were misrepresenting to· a degree which amounted to deliberate untruth, for it is quite impossible for anybo:ly who heard or read the hon. and learned member's speech not to have seen what the real point of his argument was. The measure, it seems to me, is the fruit, to a certain extent, of the propaganda which was carried on here a shorttimeagoinfavour of the system known as Henry George's. When that fanatic-for he certainly deserves to be called nothing else-visited this country, the present Premier, without committing himself in words to any definite approval of his system, accompanied Henry George here and there, took the chair at his meetings, and spoke in praise certainly of the man, and by implication of his proposals. In fact, he went as near as he possibly could, without absolutely committing himself, to applauding the proposals put forward by that speaker and writer. And we have as one result of his speeches this measure of land-taxation, as to which I admit it is very difficult to find out upon what solid principle it is based. We do find that it is based onHenryGeorgeism; to this extent, at any rate: that it is a tax on the unimproved value of land. Why exactly on the unimproved value of land it is hard to say if it is not that the teachings of that pernicious writer have berne slight fruit in this country-if it is not to conciliate the few misguided people who have taken up his theories. But to show the inconsistency of those who bring this measure forward, the one fair thing that there is in Henry Georgeism-that is, that the tax shall be imposed equally on the whole area of the country; that it shall spread evenly and equally over all-is rejected, and we have these iniquitous exemptions brought in for a very plain purpose, as to which I shall have something to say. If we ask on what principle this land-tax is proposed we get as many answers as there are persons of whom we ask the question. The Vice-President of the Executive Council defends the exemption on the ground that it is a property-tax. Then Land and Income [17 OcT., 1895.] I would ask, why is not all property taxed~ Why should one particular class of property be visited with a heavy tax of this kind~ Is there any justification, is there any fairness, if it is regarded as a propertytax, in selecting one class in the countryand that class a minority of the whole. to bear a burden which nobody else is to bear, and still more when we find that it is imposed upon a minority of that minority -a very small class in the country-how can it be justified on the ground that it is a property-tax 1 If we ask the question as was asked in this House of one of the supporters of the Ministry here, the hon. member, Mr. Pulsford, we get an altogether different answer from him. In the course of his speech the other night he was asked by the bon. and learned member, Mr. R. E. O'Connor, "On what principle do you place the exemption in the land-tax1" And he answered : I place the principle of the exemptions in the land-tax simply on the question of expediency, and the desirability of arranging the taxation on small owners in a way which will bring about as little discouragement to industry as possible. We have two admissions by the hon. member. He admits that it is expedient to have the exemption-expedient to whom~ Expedient, I suppose, to the Ministry, which wishes to compel the majority of the country to tax the minority and save their own pockets-a political expediency, for none other has been shown. Then we have the admission that : It is desirable to arrange the taxation of small owners in a way that will bring ahout as little discouragement to industry as possible. It appears, then, that a land-tax, after all we have heard about it, does discourage industry. It seems that the school of political thinkers to which the hon. member belongs considers there is one thing which must on no consideration be ham-. pered, and that is trade. we must have free-trade, but as to having free industry, or unhampered production, that is quite a different thing. Burdens may be heaped · upon that to any extent. If it is admitted that a land-tax discourages industry and hampers protection, what is it but a protective tax~ It is protection reversed, protection turned upside down. If our own producers are to be hampered who will profit~ Surely the foreign producer must profit. So that, instead of having a system .Assessment Bill. 1787 of protection by which the local producer is protected, and the foreign prcducer is hampered, we are to have a system of protection by which the foreigner may send his goods here absolutely free, whilst the local producer is ground down with burdens, heavy to begin with, and which probably will grow heavier as the fiscal needs of the country increase. TheRon. Dr. GARRAN: Which foreigner1 The Ron. C. G. HEYDON : Any foreigner who sends his goods to this country to sell. The Ron. Dr. GARRAN: He may pay the same tax already ! The Ron. C. G. HEYDON : Is there the same tax everywhere. Of course, if we could have an identical policy all over the world, there might be something in the interjection ; but we know perfectly well that nothing of the kind exists. We know that in other countries, some of them very largely producing countries, countries from which we import largely, heavy protective duties are imposed, and in others we know that even bonuses are given upon exports, for the purpose of enabling producers to in~ade our markets. In tl1e face of facts like these we are to have this inverted protection, this sort of minus protection, imposed upon the country, by which burdens are removed from those who send their goods from outside, and are imposed instead, upon our· own producers. "But," it is said, "we are removing burdens from the producer, because the customs duties increase the cost 'Of the articles which he purchases in order to live and carry on his business ; and being relieved of this burden, he can afford to pay something in the shape of a land-tax." I will not stop to consider whether that argument is a sound one or not, but assuming that it is a sound one, what justification is there in it for exemptions~ If this burden is imposed, because burdens have been removed, why should not.the burden be imposed upon all the persons from whom the burdens have been removed~ Why should there be this selection of a few to bear the additional burden rendered necessary by the remission of taxation which has been proposed 1 I saw that the Premier the evenin()' before last set himself to answer the qu~stion as to what was the real principle upon which the land-tax was imposed, and he gave various answers to it. He did not Fourth night. 1788 Land and Income [COUNCIL.] bind himself down to one. It is really very interesting to consider the grounds upon which he, the apostle of free-trade, justifies this tax-and I do not wish to be understood as attacking free-trade or defending protection at ali-I am simply going to consider the Premier's consistency. He says: Rylstone thirty years ago was a substantial town, and when he visited it· the o~her day he saw no change. Two or three men owned the whole district around there. How could this country get towards real progress when towns like Rylstone, Bathurst, Tamworth, and a hundred others were surrounded by vast freehold sheep-walks? The land-tax would make these large landed proprietors benevolent. They would have a desire to put their land to its best use, and wa~ not the best use that land could be put to that It should support human settlement? There are a number of thoughts which crowd upon the mind when one reads an utterance of this kind, delivered by a responsible st.atesman to an electoral audience. How can this country get towards real progress here while certain things exist 1 Has the Premier ever been tired of telling this country that under freetrade the country must progress, and that this colony has been the one part of the world, besides the mother country, which has been on the whole loyal to the doctrines of free-trade, and has maintained them 1 Yet here we have the admission that the country has not progressed. The hon. gentleman abandons altogether the first principle of free-trade-that taxation should be imposed for revenue. It seems now that taxation is not to be imposed for revenue. I~ is to be imposed upon the same prinCiple, I suppose, that the Turkish officers bastinado the unfortunate cultivators in order to extract taxes from them-it is to ·be imposed as a sort of exhilarating encouragement to the landowners to make good and profitable use of their land, not for the purpose of revenue at all, but for an entirely different and incidental purP?se ; or, as it was put very shortly last mght, for the purpose of bursting up the big estates. There is a departure from free-trade principles ! Could there be a greater one 1 Taxation imposed no longer for the purpose of raising revenue, but to benefit the coulltry. Taxation is to benefit the country, and lead it into the proper -course. Then he goes on : Assessment Bill. Of course it is the best use that land can be put to. But can land not be put to the use of supporting human settlement unless people actually go and Jive upon it 1 Do we not live upon the land of this co,mtry1 Do we not live upon the productions of it 1 Would there be anything gained if the whole population of Sydney were scattered over the country parts, and each man took a spade in his hand and became a farmer 1 The Hon. Dr. CuLLEN: A great deal would be gained if some of them were ! The Hon. C. G. HEYDON : According to this, all should do it. That is the reasonable reading of the argument: Vi'as it not a monstrous thing that land, the best in the world, and fitted to create a prosperous nation, should be locked up so long as it gave 5 per cent. dividends in wool? Thus it seems that no land is to be used for the purpose of depasturing sheep. The sheep are to be cleared off, and we are, I suppose, to have a system of land culture instead. But he did not advocate land taxation on that ground alone. Two strings to his bowIt was a fair tax for services rendered. In the face of that, how could the Ministry abandon the Local Government Bill at the first sign of its getting into rough water? A fair tax for services rendered ! Why, that is the strong justification for the Local Government Bill-the Local Government Bill about which the Premier told us when he came into power that he would not · stand any nonsense, about which he would show that he would not talk, but would act. This bill, it seems, is supported upon the grounds that it is a local government bill. I can only say with regard to that that if the House should carry an amendment, which I understand some bon. members view with favour-that is, limiting the application of the measure to those parts of the country which are not incorporated, and do not exist already under municipal institutions-they can base their justification upon that remark of the Premier. I am going to say something with regard to that suggestion shortly; -but at present I only wish to point out that in supporting the bill upon the ground that a land-tax is a fair tax for services rendered, the Premier must admit that it is not fair Is not the best use that land can be put to to impose it where people already tax themthat it should support human settlement? [The Hon. 0. G. Heydon. Lana ana Income [17 OcT., 1895.] selves for the purpose of carrying out those services. Then he says-and here we come to the cloven foot of Henry George : In addition to that there was the increased vdue which the energies of the people gave to it-the increment. The increment is to be taxed. VT e are to have this measure based in part at any rate upon the principles of Henry George, and the tax is then, to a certain extent, what that gentleman avows it to be-a tax of confiscation. Is there any consistency in these various principles which have been given in answer to the question as to the principle upon which the tax and the exemptions are proposed. We get a number of discordant answers-anything that will go down and is likely to be attended to by an unthinking audience. I fail absolutely to see any moral justification for the exemptions. We were told by the hon. member, Mr. Pnlsford, that whatever objections the exemptions might be open to in themselves, in the present state of political affairs it was impossible for us to expect the Ministry to yield in regard to them. He pointed out that some three or four days before the last election took place certain paragraphs were inserted in some document to which he himself, he said, was a party in issuing to the public. There are three paragraphs, and I shall read the last: Owners of land valued at £475, after deducting value of all improvements, have no land-tax to pay. Could the Ministry, aR honorable men, after winning the election on representations such as these treat their declarations on the subject as of no weight or importance? As honorable men ! It reminds me of the argument put forward to justify perjury on the part of a 'man who has debauched his neighbour's wife. He is bound in honor, having led her astray, to perjure himself to protect her, like Lancelot du Lac, Whose honor rooted in dishonor stood. If they are bound as honorable men to keep such a representation as this, they are bound as honorable 'men to carry out a most dishonorable proposal. To show how sensible this honorable gentleman himself is of this view, we shall see what he himself says later on. He quotes : The owner of land valued at£475 has no landtax to pay. How can the Ministry as honorable men disregard that 1 If it is because they are honorable men that they must keep this promise, I suppose they must keep it to .Assessment Bill. 1789 those who own land to the value of £475. They would not be very honorable men if they brought the exemption down to £400 and abandoned those whose land was worth something between £400 and £475 whom they promised to exempt, and whose votes they secured by that promise. Still less would they be honorable if they brought the exemption down to £300 or £200, and betrayed all those whose land had a value beyond that amount. Yet what do we find the bon. member, Mr. Pulsford, saying 1 After stating that he thinks that the exemption in the income-tax is undoubtedly very much too high, and that a salary o£ £3 a week would be quite enough to exempt, he adds : .And at the same time, if it coulcl possibly be arranged, if we were to reduce the land exemption to, say, £200 or £250 to bring a larger number of landowners in, and at t.he same time to allow all the smaller class of landowners to escape, I think we should be doing fair justice. The bon. member is perfectly willing that the Ministry should be dishonorable and break their word to all landowners whose properties are worth something between £250 and £475; but he thinks that they are bound in honor to exempt all those whose land is worth £250 or less. I should like to hear what possible answer can be given to this objection. 0£ course the whole representation is unfounded. It is idle to say that a ministry is ever absolved from adopting the course which it and the party which it leads have determined, after mature consideration, to be the best for the country, and I have no hesitation in saying that, if this House takes out the exemptions, it will be the duty of the Ministry to carefully consider our action, and to give the other Chamber ·an opportunity of considering it, in order to arrive, if possible, at some measure which will represent the result of the joint wisdom of the two chambers of legislature. N otwithstanding what has been said by the Attorney-General here and the Premier elsewhere, I do not despair that wiser counsels may yet prevail, and that that course may be adopted. The Ron. J. H. WANT : I only said that the Government would not accept the omission of the exemptions here ! The Ron. C. G. HEYDON : I am very glad to hear the bon. and learned member say that. I accept the explanation most gladly! Fourth niglbt. U90_ Land and Income [COUNCIL.] _ 'Ihe Hon. J. H. WANT: I made the statement very distinctly before. I said : " All I can say is that up here I will not accept these amendments." The Hon. C. G. HEYDON : I am very glad to know that I have been mistaken, and I only hope that a compromise may be consented to. With regard to this particular point I would ask, "Why should there be these exemptions 1" The revenue which we lose by the exemptions amounts to a large sum in the aggregate; but what is the burden which the tax would impose on the individual1 Take the case of a man who holds land the unimproved value of which is £475. A tax of ld. in the £ upon £475 will come to £1 19s. 7d. a year, and, as the majority of the small landholders improve their land themselves, ~nd make their living out of it, the burden of taxation which they will have to bear will neither be exceedingly heavy nor crushing, because their improvements and the product of their labour would be untaxed. In cases were the land is worth only £300 or £200, the annual tax will be only a few shillings. The large amount which these small taxes would aggregate is to be abandoned, although the burden in each case is as little as I have shown it to be. There is another portion of the speech of the Premier, the night before last, to which I should like to call the attention of the House as throwing some light upon the principles of the measure. He said: The iniquity of the customs duties was that they pressed as hard on the strnggling, starving head of a family as upon the richest man in the country. The Hon. H. C. DANGAR : That is not true! The Hon. C. G. HEYDON : It is a misrepresentation which I will not say was deliberate, but which certainlv showed a criminal negligence on the part ·of the hon. and learned gentleman who made it, because he goes on to say: They did not think of these anomalies when they rushed the Dibbs tariff through. \Ve know that, under that tariff, carriages are taxed to the extent of 15 per cent. ad valorem. Does that tax fall as heavily upon the struggling, starving head of a family as upon the rich man~ There is a special tax of 15 per cent. imposed upon vehicles of all kinds, jewelry, laces, silks, pianos, and other things, for the purpose . [The Hon. G. G. Heydon. Assessment Bill. of making the rich pay their fair share of the bu~dens of the country. Not only is this fact ignored, however, but we have a. gross misstatement-! will call it by no worse name-put before the country. Here, too, we have the familiar contrast between the poor and the rich. Sentences of this kind fall as glibly and smoothly from the lips of the Premier when he is addressing an audience of electors as water runs off a duck's back. But what is the result of the provisions in the bill respecting mortgages 1 Under those provisions it is the rich small landowner who will be exempt from taxation.; the poor small landowner will not be exempt. The man who has £4 75 worth of land, and sufficient capital to work it will be exempt from taxation, but the man who has land to a similar value, but who has to go to the capitalist to get money to enable him to make it productive, will not be exempt. I should have thought that was as clear to the Premier as anything could be. Now, if an owner of money is looking for investments, and.finds that one class of investments is penalised only to a slight extent, while in the case of another class there is a heavy penalty, what will he do 1 I think it is unnecessary to ask the question. Even if he were a_ socialist, or a labour member of the Lower House, he would invest his money to the best advantage. Human nature in this respect is pretty uniform and pretty strong. It is clear that if an ordinary investment presents itself to a capitalist after the passing of this measure he will see that he will be taxed upon the interest he receives from it at the rate of 6d. in the £ unless he advances money upon the security of land, when he will have to pay a rate which has been estimated and which may very fairly be taken as Is. 8d. in the £. Which class of investment would he favoud Unquestionably, that involving only the payment · of a slight tax, unless the owner of land made it worth his while to advance capital to him. That is the operation of an elementary law of human nature, which will bring the burden of this tax upon the mortgagee ultimately upon the landowner himself. What, then, about this contrast between the rich and the poor 1 Who is it now that loves the poor and abhors the rich 1 An hon. and learned gentleman who brings in a measure heavily penalising Land and Income [17 OcT., 1895.] a landowner who is poor and allowing the landowner who is rich to escape scot-free! There is one other thing about which I should like to say something, and that is the question of exempting municipalities. I do not say that I have made up my mind ori this subject, but it is one which will req.uire very careful consideration at the hands of the House. There is a difficulty in dealing with it, though I do not say that it is an insuperable one, and that is that any amendment of the kind suggested will take out of the operation of a bill a very large proportionate value of the lands of the colony, and the House in doing that may lay itself open to the charge of having, while pretending to accept the bill, really rejected its main provisions. There is one thing, however, which may and which ought to be done with regard to this particular proposal, and which will, to a certain ext~nt, bring about the same result. I think we might make the definition of " unimproved value " a little clearer. The bill says that: "Unimproved ,·alue "means in respect to land the capital sum for which the fee-simple of such land would sell . . . assuming the actual improvements had not been made. \Vhat do the words" actual improvements" mean? They are not defined in the bill. Do they mean the improvements which have been made on the land itself, such as a house, clearing, the erection of buildings, and so on, or do they mean the improvements which have been made by the expenditure of municipal rates which have been paid out of the pockets of the owners? Suppose land has been alienated from the Crown for thirty years, and the owner or owners-because the principle is the same whether the land has been continuously in the possession of one man or of a num· her-have expended £500 or £600 or£700 in paying municipal rates, which have been expended in the construction of sewers which drain the land, the making of roads which give convenient access to it, and in laying down gas pipes and water pipes which supply light and water to persons residing there. These aro improvements which the owner of the land has effected in conjunction with other persons, and which should be taken into consideration when the unimproved value of the land is being arrived at. If that were done, the owners of-land in municipal , .Assessment Bill. 1791 areas would be to a considerable extent benefited. No doubt the idea of the drafter of this definition was that the land, say, in this city was to be taken as if there were no· buildings on it. Take any corner block. Remove the house on it, raze it to the ground, fill up any excavations, and make it simply a flat, utterly unimproved piece of ground. Ascertain the value of that, and levy a tax on it. That is not what should be done. You have not taken away the improvements to that land, but you have simply taken the house down. To find out the unimproved value, you should remove all the municipal improvements which the owner has contributed to, and it seems to me that you should not only take the house off, but you should also take off the proportionate share of the owner in the total value of the permanent improvements which have been made by the municipality. The Hon. Sir ARTHUR RENWICK : How would it be possible to calculate it~ The Hon. C. G. HEYDON : I think it would be quite possible to calculate it. I do not think that that objection should be regarded as a very strong one, because we find that the Ministry do not shrink from bringing in a measure under which land all over the country will have to be continually valued and revalued for the purpose of the assessment of this tax. Every piece of land in the country will, for the purpose of this tax, have to be revalued. Every allotment in the city of Sydney will have to be valued. The only thing that you then have to do is to value the municipal improvements as they exist. Then you have to distribute that total value amongst the allotments in proper proportion. It certainly is not an impossible thing to do, and it seems to me that justice demands it. If that were done, to a very great extent the work would be done which this bill requires. The Hon. F. T. Hm!PHERY: Would you not go back to the original Crown price~ The Ron. C. G. HEYDON : No, I think not, because the value of the land depends, not upon the existence of improvements only, but also upon the existence of population. Suppose that to-morrow, by some subterranean disturbance, some volcanic upheaval, an island were thrown up close to Port Jackson-an island 10 miles by 10 miles, containing 100 square miles, abso- Fourth night. 1792 Land and Income .[COUNCIL.] )utely unimproved. "\Vould that island be valueless 1 Certainly not. It would have instantly a high value. Why 1 Because-of the population existing in the neighbourhood which would go upon it and make the necessary improvements and live there. It is the presence of population which makes the land valuable, and after you have removed all the improvements, including municipal improvements, upon the land in a city like Sydney, there still remains a large value, given to the land by the presence of a population which needs the land. That is the answer-to the very pertinent question asked by the bon. member. I have nothing more to add, except to thank bon. members for the patient hearing they have given me. I think the House should read the bill a second time, and I hope they will. I also sincerely hope that they will not shrink, in Committee, from making all amendments which seem to them justified in the public interest. The Hon. J. BLANKSBY: In rising to address the House on this question I must say that there are many things which we have listened to that give room for reflection. There are many things that have been said which must be taken as real and tangible objections to some features of this bill. But I have not yet heard, I must be pardoned for saying, one .argument advanced against the principle of unimproved land-value taxation. Objection was taken, and very strongly, to some books advocating land-value taxation, and pictures of certain benefits that were likely to accrue, picturing fairy scenes of prosperity, and so on. On the other hand, we have listened to mournful prophecies of men thrown out of employment in hundreds and thousands, and the country generally devastated and brought to the very verge of bankruptcy and ruin by the imposition of this tax. But all that proves neither one thing nor another. .The question still remains as to the merits or demerits of ihe system of land-value taxation. We have been told thi> afternoon that there is no reason whatever for changing the present fiscal policy of the country. I think that it is evident to any one who will take the trouble to consider the matter that the present system of taxation does press most inequitably and unjustly upon those who are the least able to bear it. HoN. MEMBERS : No ! [The lion. 0. G. Heydon. Assessment Bill. · The Hon. J. BLANKSBY: It is all very well for hon. members to say "No"; but I say yes, and the country at two elections has also said yes. The Hon. S. CHARLES : The petitions do not! The Hon. J. BLANKSBY: The petitions are from a few self-constituted authorities. The Hon. W. J. TRICKETT : They were elected by the people ! The Hon. J. BLANKSBY: They were elected to look after sewers and clean out gutters, not to deal with politics. In support of my statement, I should like t<> quote a few words from an authority that certainly will not be regarded as enthusiastic in the direction of free-trade. At any rate, I have no doubt that my hon. and learned friend, Mr. R. E. O'Connor, and others in this Chamber, will accept the authority that I am now about to quote. This authority says : The system of indirect taxation throws the· burden of taxation on the working·classes. To double the customs duties would be to tax the wealthy in only a slight degree, and would place, the public burdens chiefly on the shouldersof labour. The farmers can hardly be expected to favour this method of squaring the finances. Ag11,in: 'Ve have apparently come to the end of the> process of heaping burdens on the poor through the Customs· house, and must make the rich contribute their fair share to the expenses of the country. These words are quoted from the Age and the Leader, the strongest and most strenuous advocates of a protective policy in the whole of Australia, and their admission is that customs duties do throw the burdens of taxation on the working-classes. The Hon. C. G. HEYDON : If you tax carriages, does it 1 The Hon. J. BLANKSBY: I should like to ask the question what proportion of taxation is derived from carriages~ It would be a very small amount indeed. We are told that by altering this system of taxation we are going to leave 90,000 owners of land untaxed and outside the owners of land there are many thousands more who are to escape taxation. I should like to know who pay the rents that are paid in the colony-not the rates, but the rents 1 I say that a man who does not own land, but lives on somebody else's land, is: taxed up to the very last limit. An RoN. MEMBER: In what way~ Land and Income_ [17 OcT., 1895.] The Hon. J. BLANKSBY: In the rent. It is all very well to say that thousands here and thousands there are going to escape taxation. They cannot possibly escape taxation whilst the terms on which they can occupy a foot of land are dictated to them by other people. Another point we l1ave had placed before us in connection with the benefits of protection, and the evils of land-value taxation, is that we are going to impose a tax on industries. It seems to me that that is the very thing that we have been doing all along, that we have been taxing industry, that we have been taxing the very men who ought not to be taxed. What is a land-value tax 7 It is not a tax upon a man's improvements. It is not a tax upon the products of a man's own efforts. It is not a tax upon a man because he spends money in improving land. It is not a tax imposed upon a man because he engages in industry, because he enters into trade of any kind. What is it 7 It is a tax placed upon certain opportunities which are given to that man, and that man is asked to pay according to the opporLunities which he possesses. If by the land being in a centre of population, being adjacent to a market, its value is made gre:1ter, or, to use the words here given, the unimproved value of the land itself is made greater, then the opportunities for that man to use that land to advantage are greater, and this tax will, naturally, be greater than that imposed upon land further away from a market, or in more scattered districts. According to the opportunities given to him by the possession of land, a man is asked to pay, and the more he improves his land in the sense of direct improvements, the more he uses his land, the better use_ he puts it to, and the greater advantage he gets out of it, the less in proportion would the tax be to his income from the land. The tax is not on his industry, but on the opportunity given to him by the possession of the land. Instead of its being a tax on his industry, or a discouragement to his industry, it is an incentive. Let me put the case of a man, not a politician, who spoke to me a little while ago. He said, "I am the owner of 40,000 acres of land, and the land-tax will hit me pretty hard ; but I confess there is not one valid argument against land-value taxation," and the sensible conclusion he came to was-that he .Assessment Bill. 1793 must turn to and put his land to better use. Instead of being a tax on thrift, or on a man's enterprise, it will encourage thrift, enterprise, and industry. By a system of indirect taxation, we are hampering our industries. We are simply putting fetters upon them. We are hindering them in almost every conceivable way. What does industry ask, what does· trade ask 1 The hon. and learned member, Mr. R. E. O'Connor, s;tid the other night all the country wants is to be let alone. I say all that industry wants is to be let alone; all that trade wants is to be let alone; and let it alone by taking off the fetters that are now imposed upon it. Let it alone on the one hand by taking off the burdens which we impose by a system of indirect taxation and let it alone on the other hand by taking away from it those restrictions which are placed upon it by unconditional private ownership. If a man accepts the private ownership of land, subject to the conditions which should be imposed upon that ownership by the existence of the state and the· community, then he will use that land not only to his own advantage but to the advantage of the country. But give unconditional private ownership, and we are placing at once restrictions on our industry and barriers to the very progress of our trade. Some one has said this is only a tax on a certain class of property. Why not tax all property 1 Why not tax the improvements 7 Just for the very reason we should not tax our industry, our enterprise, the exercise of a man's powers in developing the soil of the country and using it. If a man is prepared to pay, as I think it will be admitted by all he ought to be prepared to pay, for the opportunities that the possession of that soil gives him, we are going too far when we place a tax on the improvements he has seen fit to place on that soil. The Hon. Dr. MAcLAURIN : He has paid for it! The Hon. J. BLANKSBY : It is all very well to say that the man has paid for it. A point was made here last night that this is an incremental tax. It is nothing of the kind. Talk about exemptions ! To make this an incremental tax you must exempt every penny which has been paid to the Crown for the land. If a man has bought 40,000 acres at £1 an acre, and Fourtl~ night. 1794: Land and Income [COUNCIL.] the land is now worth £50,000, to make this an incremental tax you must tax only the sum of £10,000 . . The Ron. Dr. MAcLAURIN: Why 1 The Hon. J. BLANKSBY : Because that is the increment. The Hon. Dr. MAcLAURIN: It may be in the nature of an incremental tax, althoughnot one purely and simply ! The Hon. J. BLANKSBY: It is not in any sense in the nature of an incremental. tax. It has been said that the man has paid already for his right to possess and use that land. I say he has not. He may have paid a certain sum years ago for the land, but because of the development of the country, of the increase of population, and of things which have followed on the increase of population, the use value of that land is far greater to-day than it was before. The HQn. R. E. O'CoNNOR : That is the increment! The Hon. J. BLANKSBY : I admit it is the increment, but I do not admit that this is an incremental tax, because, if so, you must exempt that which has been paid to the state for the land. The added opportunities which are given to that man by reason of his possession of that land form a fair and lf'gitimate cause why the state should ask him to pay for his rights and privileges. A question has been raised here as to getting at the unimproved Yalue of land, and I think the last speaker got at that pretty well. Some persons have raised the question as if it involved very great difficulty. The unimproved value of land was spoken of by the hon. and learned member, Dr. MacLaurin, as very hypothetical. I had occasion the other day, on behalf of a friend to go to a firm of valuators and ask for a valuation of a certain property, and the form of their valuation is to this effect : "This consists of such and such an extent of land which we value at so much. The improvements on it consist of so-and-so, which we value at so much." A firm to which we entrust such work finds no difficulty in telling us what the unimproved value of land is. , The Hon. Dr. MACLAURIN: But that is not the definition in the bill ! The Hon. .T. BLANKSBY : It is the definition in the bill. The Hon. Dr. MAcLAURIN : The bill says "supposing the improvements had not Leen made," which is ~different thing! . [The Hon. J. Blanksby. Assessment Bill. The Hon. J. BLANKSBY : Supposing the improvements had not been made. The improvements are estimated at so much, take that amount ofi' and the land is taken at so much. The Ron. Dr. MAcLAURIN : You do not get the same thing ! The Ron. J. BI~ANKSBY : Any valuator will admit that that is the way on which he proceeds. It is a very simple matter to get at the unimproved value of land. I do not say that any one will in every case estimate the unimproved value exactly to the £. It has been said that the objection to this system is that it is going to be awfully expensive, and the opinion of a gentleman has been quoted as to the expense of its collection in New Zealand. It is very easy to take what is termed the assessment year and show how seriously the expense of collecting a tax of this kind enters into the question. We should take not only the assessment year but other years, because it is not provided that the assessment shall take place every year, and, what is more than that, the first assessment will involve far greater expense than will any subsequent assessment. I have taken the trouble to extract the figures from the " Statistical Register" of New Zealand and that of South Australia. For the year 1893 the total cost in connection with the land-value tax in New Zealand amounted to 2·7 per cent., which would make the cost of collecting a sum of £400,000 in this country £10,800, which is vastly different from the figures which were quoted by the bon. and learned member, Dr. MacLaurin. In South Australia for the year 1893, an assessment year, the cost was only 5·2, which would amount to a little over £20,000 here. Yet we were told the other night that the cost in New Zealand was over £30,000, and that it would reach a terrible amount here on account of our much larger area. The Hon. Dr. MAcLAURIN : It was the figures of Mr. McGowen, the commissioner of taxes, that I quoted ! The Ron. J. BLANKSBY: I have quoted the figures from the " Statistical Register" after the system had got into something like full swing. The Hon. Dr. MAc LAURIN: I quoted from an official publication by Mr. McGowen, in which he gives the cost of collection inN ew Zealand! Land and Inc01ne [17 OcT., 1895.] The Ron. J. BLANKSBY: The " Statistical Register" is also an official publication. It has been said that in introducing this system we are going to place a very heavy burden on the country against the town. And yet, almost in the same breath, we are told that we must exempt the land within municipalities because the tax is going to press so hardly upon the residents of municipalities. In one breath we are told that it is going to press on the country as against the town, and in the next breath we are told that we must exempt the lands which are really the lands in the town. It seems to me that we can look round on all sides, and, if one argument will not do, we can use another argument of an entirely opposite nature. The fact remains, however, that where you have the most valuable lands there it is that the heaviest tax will certainly fall; but there it is where it can best be borne; there it is where it can most equitably and justly fall; and if the tax falls upon land according to its real value, whether that value be high or low, it seems to me that there can be no injustice in one as against the other. There can be no injustice in the town as against the country, or in the country as against the town, if the tax presses in the same ratio upon the different lands, in different localities, and in different positions. We are told that we are to exempt lands in municipalities because men have banded themselves together, because, under the Land Act, they have constituted themselves into a municipality, and have agreed to contribute pro rata so much for the formation of their streets, and so on. The Ron. J. DAVIES: And to relie,·e the central government to the extent of £600,000 a year ! The Ron. J. BLANKSBY : To relieve the central government of a lot of spare cash every year in subsidies. Because men band themselves together-under the law of the land, I admit'-to expend money for the improvement of their streets, their gutters, and so on, they are to be freed from any responsibility, because of the thousand and one other avenues by which there is given to their land added value~. Will any hon. member st>.y that a revival of trade, that the opening of a rail way, that the extension of settlement in a place a hundred or two hundred miles inland, does .Assessment Bill. 1795 not tend to enhance the value, even of city lands1 We cannot ignore the fact that the prosperity of one part of the colony must be shared, to a greater or lesser degree, by the whole of the colony; and where you have a centre, there the benefits will certainly ultimately focus. Here, in Sydney, lands and properties do not pay over much. They are, however, paying a share of what is termed. taxation, although it is not, in one sense of the word, taxation at all; it is a friendly arrangement, a friendly society business. But whilst we admit that we are paying what we may term~ for the time, taxation, .for improvements immediately in the neighbourhood, that does not for one moment exempt land from taxation in the interests of the country, seeing that everything that is done to J>romote settlement and to enhance the prosperity of the colony generally, brings back its reflex benefits on the city and upon every foot of land in it. We heard an argument the other night that the tax would operate most severely in places outside, where a man did not go in for a lot of improvements, and so on; that if a man has a piece of land worth £500 and improvements upon it to the value of £500, he pays land-tax-omitting exemptions for the moment-upon hal£ his property, whereas a man, say, in the city, who has £5,000 worth of land and£15,0~0 worth of improvements upon it, only pays upon one-fourth of it. It is all very well to talk like that, but let us not forget that while a man here may have £5,000 worth of land, and puts £15,000 worth of property upon it from which to get a return, the man further back may not have improvements which can be measured like bricks and mortar can, in the shape of buildings which will bring in rent, but he may put his land to agricultural purposes, and it is as great and as good. a means of return to that man as the property which the other man holds in Sydney. There are benefits in the case of the man in the country which you cannot put down on paper as improvements, and it is hardly fair to compare the two conditions and say, "Here is a man with £500 worth of land and only £500 worth of improvements upon it. Here is another with £5,000 worth of land and £15,000 worth of improvements on it, when there are really resting in that land thincrs which stand in the place of improvem~nts which here in the city are Fourtl~ night. 1796 Land and Income [COUNCIL.] _a means of revenue by way of rent. ·with regard to the principle of the bill-the principle of direct taxation-there is no need for me to say that I am very strongly in sympathy with it. There is no need for me to say anything more to convince hon. members that I shnJl support the second reading of the bill as against the system of indirect taxation, which oppresses those who can least bear it, which restricts and hampers industry and trade, and that I shall vote for a system which will help to remove the fetters and take away the shackles from our trade and industry and give it a. chance to live and thrive. But when I have said that, I am not going to the extent of saying that to every point and feature of the bill, to every line of it from end to end, I could give a hearty "yea." I am not prepared for one moment to say that. There are difficulties. There is the difficulty of the exemptions. Let me ask hon. mP-mbers to remember this. A great deal has been made not only tonight but also last night, of my hon. friend's remark as to the reason for supporting the exemptions. It does not for one moment touch the reason the exemptions were inserted in the bill, but the reason why the Ministry now should stand by and support these exemptions. There is no gettiag away from this fact : that although there may be no official records which prove the position, still I think no one will attempt to deny that in June last a similar measure -the same measure if hon. members like -came before this Chamber. The point of attack, the point of objection then was the exemptions, and it was pretty freely stated that on the direction which your ruling, sir, might take would depend the votes of a great many hon. members-that if the exemptions could be altered, or removed, there were members prepared to support the second reading, and to go into Committee on the bill. The Hon. H. C. DANGAR : It was not so stated! The Hon. J. BLANKSBY : I admit the records of the House do not prove it; but I think it is generally admitted. The Hon. J. H. WANT: The hon. and learned member, Sir Julian Salomons, said so! The Hon. H. C. DANGAR : He is not the House! [The Hon. J. Blanksby. Assessment Bill. The I{;on. J. H. WANT : I am only mentioning that one. Hon. members cheered him to the echo ! RoN. MEMBERS : No ! The Ron. J. BLANKSBY: The other night the attitude of hon. members, if not by their speeches, by their silence, certainly confirmed that opinion when the matter was again referred to the President for his decision. If the action of many hon. members is due to the exemptions, then we have to remember that the Ministry went to the country with the bill in their hands, and with the exemptions in it. They said to the country : You are to say whether this bill with the exemptions shall or shall not pass into law. Let the men who voted be what they may, the people of the country..:_and we are certainly a country governed by the majority-indorsed the policy of the Ministry. I am prepared still further to admit that there were members returned to the representative Chamber who personally do not approve of exemptions-who said to the electors: "Personally, I do not like the exemptions; but I will have land taxation with exemptions rather than no land taxation at all." Many, I admit, took that ·stand; but the fact remains that a large majority of the representatives of the other branch of the legislature were returned to support the programme of the Ministry upon which they went to the country. We cannot get away from that fact. I think the Ministry will have to consider very seriously, and remember all the consequences that are involved in submitting to a change and an alteration in the law. I do not say they should not submit to a change. I do not say that they should not accept any modific'ltion; but I do say that they are warranted in looking at the matter in. a serious light, because they went to the country with the exemptions in their hands and came back with a majority. On principle, I admit there is not the slightest shred of argument which can be advanced in favour of exemptions in land taxation ; but politics are not all principle. The Hon. J. DAVIES: The hon. member gives his whole case away by making that statement! TheRon.R.E.O'CoNNOR: Iliketoseethe bon. member taking the bull by the horns ! The Ron. J. BLANKSBY : No man can pretend that in every act of legislation Land and Income [17 OcT., 1895.] ·he gets the whole of the principle which he would like to see em bodied in it. Politics is the art of compromise. We get as much of certain principles admitted as is possible, and we have to be contented with that. There is such a thing as expediency entering into our' consideration every.day. The Hon. J. DAVIES: You can justify everything by expediency ! The Hon. J. BLANKSBY: No, we cannot. Figures were quoted the other night to show that while £96,000,000 worth of unimproved land would be snb)ect to taxation under the bill, £80,000,000 worth would escape; but bon. members forget that the exemption of £475 applies to every estate, and in this connection I would ask : who profits most by the exemptions 1 I own a small piece of land upon which a house is built, and, if the bill is passed as it stands, I will benefit to the tune of, perhaps, 8s. or 9s. But my neighbour, who owns land to the value of £500, will benefit to the tune of £1 19s. 7d. Men whose land is worth less than £4 7 5-and there are hundreds and thousands of such men-only profit to the extent of the value of their land, while the man whose land is worth more than £475, gets the full benefit of the exemption. It seems to me that there is not the injustice in this provision that some people imagine; but that, when you come to analyse it, it appears evident that an attempt has been made to get as near justice in the matter as is possible. The next question of serious moment is ~he provision affecting mortgages. I hon. estly say that I would very much have preferred to see the whole question of taxing the income derivable from mortgages dealt with in connection with the incometax-not that it would have any greater element of justice in it perhaps; but because I think it would have been simpler, and would have removed many difficulties in -the way of interpreting and applying the bill. While I think that there are points of serious difficulty which will have to be faced in connection with the question <>f mortgages, I cannot for a moment admit the contention which has been urged as to the injustice of asking mortgagees to pay their share of land-value taxation. It is all very well to say that they would not pay it. Hon. members talk about landlords passing .on this and mortgagees passing on that, as Assessment Bill. 1797 if mortgagees were a benefit society, and landlords were a charity organisation. If a man takes 16s. as rent for a house, it is only because he cannot get 17s., and, if he takes 5 per cent. for an advance on mortgage, it is because he cannot get 6 per cent.. So you get back to the old question of supply and demand. I admit, however, the strength of the position taken up by the hon. and learned member, Mr. C. G. Heydon, when he pointed out that, while a man who advanced his money on any security other than land would have to pay a tax of 6d. in the £ on the income which he derived from the investment, the man who lent the same amount upon land would have to pay a tax more than three times as great. This is a question which the Ministry should seriously face, even in this Chamber. At the same time, I do not admit that there is any injustice in asking mortgagees to pay their share of the taxation which is due on the land in which they have a large, and, in many cases, the whole interest. The hon. and learned member, Mr. R. E. O'Connor, talked about mortgages becoming overdue, and about the risk of mortgagees selling ; but I think I know a little about that kind of thing. I had a little experience of it during the dull times of the last year or two, and it is my experience that mortgagees are very sorry to sell. vVhen the value has not fallen to the limit of the mortgage, men are not. inclined to sell. While there are hundreds and thousands of mortgages in existence to-day, I know that, if they were terminated, and the amount advanced upon them had to be lent out again, a lower rate of interest would have to be accepted for it. To my mind, there is no fear of mortgagees selling, because they are not going to flood the market, and thus bring down values. While I admit the difficulty connected with the mortgage clauses, I maintain that it is equitable and just that the man who, by virtue of the mortgage, holds the biggest interest in a piece of land, should pay his fair share of the taxation upon it. We have been told that this is an inopportune time for imposing land-value taxation; but it appears to Irie that it is the very opposite from an inopportune time. It is said that the imposition of a land-tax will decrease the value of land. I admit that it will decrease its sale value ; but it will not take away from Fourtl~ nigltt. '1798 Land and Income [COUNCIL.] its use value. Land is that element to which constantly accrues all the progress arising from the development, growth, and progress of the community, and, while the effect of ·land-value taxation may be in some sense to interfere with what is called the capital value, that is, the sale value of land, it will not interfere with its use value. It will give an impetus to enterprise and to thrift, and to the expenditure of money in a way which will cause the development of land and add to the general prosperity, and thus it will continually enhance that value which it is contended it will lessen. The Hon. J. HosKINS : Even if the owner cannot make a living out of it! The Ron. J. BLANKSBY: If land will not return a living to its owner it has no value. The Hon. H. E. KATER : Then why should it be taxed 1 The Ron. J. BLANKSBY : Who will tax it 1 The Ron. H. C. DANGAR : The commissioners! The Hon. J. BLANKSBY : How can commissioners put a value on a thing which has no value 1 There is no fear of any man being compelled to pay a tax on· land if that land has no value. We know that just now the value of land is considerably less than it was a few years ago. I do not think that it would be wise at this time to enter into the causes of the depression of land value. I believe- and there are a great many who share the hope with methat the day of adversity is departing, and that the day of prosperity will soon dawn. The Ron. J. LUCAS : This tax will bring back the depression ! The Hon. J. BLANKSBY : I hope that it will have the effect of preventing the wild speculative booming of land values, which has taken place in the past, and that it will give us a prosperity, not, perhaps, so rapid and so wild as our former prosperity, but more thorough, because more gradual, and more real, because based on truer and better lines than we have known in the past. [The PTesiclent left the chai1' at 6·30 p.m.. The House nsumecl at 7·30 p.m.] The Hon. J. BLANKSBY: I wish to offer an explanation, and in some sense, perhaps, an apology to the hon. and learned member, Dr. J\'IacLaurin. I referred to a statement made by the hon. and learned [The Hon. J. Blanksby. Assessment Bill; member as to the cost of collection of the land-tax in New Zealand being £30,000; bp.t I find, on reference to a document kindly shown to me by the hon. and learned member during the tea hour, that that is the cost of assessment. Of course that alters, to some extent, the position I took up on the matter; although I think I may still maintain that the cost is not so excessi \'e as has been suggested. I think the explanation is due to the bon. and learned member, that I misconceived the purport of the quotation. The Hon. A. H. JACOB : This Land and Income Tax Assessment Bill now before us has been so thoroughly threshed out, both in this and in previous sessions, and the arguments pro and con have been so forcible that I do not intend to take up time by going oYer the same beaten ground that has been occupied by so many hon. members. I intend to take a certain course in regard to the bill, and I wish to give reasons for the faith that is in me, and to justify the vote which I am going to give, which, I may say, will be against the second reading of the bill. I thought that the hatchet was buried, when the Loan 13ill was being discussed here, by the Hon. Sir Julian Salomons, deprecating any reference to what had been said by various members of the Assembly during the election and at other times. Therefore, I was sorry to bear tli.e hon. and learl).ed member, Mr. C. G. Heydon, to-night dig up the hatchet again, and make reference to what had been said by the Premier during the general elections. The Premier, a few nights ago, said offensive things about this Chamber, therefore I do not find fault with the hon. and learned member, Mr. R. E. O'Connor, for saying the. things which he did; I think that he was fully justified. I think it is blameworthy on the part of the Premier to make offensive remarks on every possible occasion in reference to this House. I do not agree with the hon. and learned member, Mr. R. E. O'Connor, in his expressions of regret at the speech of the hon. member, Mr. Hoskins. I think it was a plain, practical speech. We have had many able speeches delivered against the bill, both in the present and the previous session, and we have clear evidence that the bill is, as designated by the hon. and learned member, Mr. C. G. Heydon, a measure of spoliation and tyranny and mischief. I cannot con- Land and Income [17 OCT., 1895.] Assessment Bill. 1799 ceive how bon. memb~rs who voted against of a bill on a previous occasion, and that the bill on a previous occasion are going bill contained the same exemption that to change their tactics and vote for the this bill contains. It exempted land from second reading now after the extraordinary taxation up to £475 in value, income up speeches of condemnation which they have to £300 a year, and if the people returned made against the bill, notably, the hon. and an answer after our rejection of that bill learned member, Mr. C. G. Heydon, the bon. they returned an answer in favour of a and learned member, Mr. R. E. O'Connor, bill with exemptions. The bon. and the bon. member, Mr. Kater, and one or two learned member is shaking his head; but others. Their speeches were damnatory I say that they did. We rejected the bill, of the bill ; therefore I cannot understand and the Premier went to the country with how those bon. and learned members are the bill and the exemptions. It is all very going to vote for the second reading of the well to say that the country could not give a measure except for a particular reason. decision on matters of detail; I quite agree They are going, from a motive of expedi- with that. But the Premier went to the ency, to vote for the second reading of the country and put the issue in this way. "It bill so that they can emasculate it in Com- is the rich man against the poor man. We mittee. I will adopt the language that an sent a bill to the Council with the exempbon. and learned member used a few nights tions. We proposed to relieve you of cusago, rather offensive to me, with a slight toms duties, and to exempt you from taxavariation, and say, what is the object of this tion on your land up to the value of £475, remarkable change of attitude 7 The object and from taxation on your incomes up to is to induce the House against its judg- £300. Now, what are you going to vote ment, not to reject the bill, but to pass the for, for the Government or against the second reading; that was the language used Government 7 " and the peQple said, " We by the bon. member with other offensive are in favour of the measure of the Gowords. I adopt the language used by the vernment," and this measure has come l10n. member, Mr. L. F. Heydon, the other here with a mandate from the people. It night, and say that the attitude of many is absurd to say that we are to go into bon. members is to force the House against Committee to strike out the exemptions. If its judgment to vote for the second read- we have a mandate· in regard to the bill ing of the bill. I do not agree with the hon. we have a mandate with regard to the exand learned member, Mr. C. G. Heydon, emptions. I shall be no party to voting for with regard to the position of this House. the second reading of the bill to give an He says we have a right to make amend- opportunity to those hon. members who, ments in the bill in the shape of sugges- from expediency, are now going to vote tions. Where does the hon. and learned for the second reading of the bill with member find that in the Constitution Act 7 the intention of emasculating the measure, This is a co-ordinate branch of the legisla- so that it will not be accepted elsewhere. ture. We have a right to do everything We have been told by the Attorneythat the other branch has a right to do, General and by the Premier that if we except with regard to appropriation and make the contemplated alterations in the taxation bills. We are not simply a re- bill it will not be accepted by the other vising chamber; we have a right to act in Chamber. I am going to vote against the any way we think proper in regard to the second reading of the bill because I am business that comes before us. I do not against it for reasons which have been asthink that we are simply making a sug- signed by hon. members, notably the hon. gestion when we make amendments in a and learned member, Dr. MacLaurin. It bill which we get from the other branch is a most unjust bill with regard to taxaof thP. legislature, or which we originate tion of land, incomes, and mortgages, and here. I cannot agree with the bon. and other matters as pointed out by hon. memlearned member in regard to that. Some bers who have spoken; buti shall be no party bon. members have told us that they are to amending the bill in the way proposed, going to vote for the second reading of the because in my humble judgment it would bill because the country has returned an be an illegal act. I shall be 1:o party to answer in favour of this measure. We the bill beina sent into Comnultee to en. rejected a motion for the second reading able us to doo an illegal act. I am agamst Fottrth night. 1.800 ·Land and Income [COUNCIL.] .Assessment lJill. · The Hon. W. R. CAMPBELL : I think the the bill. It is a selfish measure sent here by the mandate of the people. It is natural hon. member· is quite in order, because we that the people will vote for a measure . enacted the principle of payment of memthat will exempt them from taxation, and bers in order to bring men of that class tax the wealthy. It is a bill sent to us into the other House. I do not see that it by the branch of the legislature which is is any reflection upon· these hon. gentlesupposed to be representative of taxation; men to say that they depend upon their a branch of the legislature which has sent salary. The Hon. Dr. CuLLEN: It is reflection in a measure which exempts themselves from taxation to a great extent. I have n~t on their poverty but their motives! been told by an hon. member who professes The PRESIDENT : I cannot imagine that to know that at least eighty members of the hon. member intended his remarks to the other branch of the legislature are de- be offensive ; but at the same time if they pendent on their salaries of £300 a year, are likely to be regarded as offensive by and we have that branch of the legislature those to whom they are applied such resending up a bill exempting its members flections will be improper. I am sure the from all taxation except on such commodi- hon. member will see that it is not desirties as tobacco, opium, and grog. They, able to make .any reflections which will in a blameworthy manner, sent here a bill cause ill-feeling between the two branches which has proved to be a curse to the coun· of the legislature. try, the Payment of Members Bill, and TheHon.A. H. JACOB: I quite accede, they provided in it to pay themselves from sir, to the doctrine you have laid down, the beginning of that session. and I accept the hon. and learned member, The Hon. L. F. HEYDON: I rise to order. Dr. Cullen, as being the mouthpiece of the I ask, sir, wh~t4er the hon. member is in other House. I shall not continue that order in stating that eighty members of line of argument. I shall not be out of the other House are dependent upon their order in saying that it has been candidly allowance of £300 a year for support, and acknowledged by the Vice-President of the referring, when the question of payment of Executive Council that the insertion of members is not before the House, to those the exemptions is tantamount to a bribe by bon. members in a way which must be the Government, because hon. members offensive 1 will recollect that the hon. and learned The Hon. Dr. CuLLEN : I would like to member had some correspondence in the add my protest against the remarks of the press with Mr. Bruce Smith. A paragraph hon. member. Notwithstanding the high in one letter which the hon. and learned admiration I have for his ability, I think member wrote has this remarkable view: it is decidedly wrong, undignified, and unOne thing is perfectly clear-except to those justifiable to impugn in that way the motives who will not see-and that is that the Govern· of hon. members in another Chamber. ment cannot fairly be charged with seeking to The Hon. A. H. JACOB : I did not hear bribe the small landowners, because it introall that the hon. and learned member, Dr. duced the bill without exemptions, and therefore Cullen, said; but whether he thinks the did not appeal to their cupidity at all. course I am taking undignified or not I There is an admission that the insertion of cannot help it. I am the best judge of my the exemption is tantamount to a bribe. It acted as a bribe, for it led to the elecown actions. The Hon. Dr. CuLLEN : It is the dignity tion of a certain class who have sent up of the Chamber-not the hon. member's the bill. The action of the Government personal dignity which is concerned! in going to the country was challenged The Hon. A. H. JACOB : The dignity of by the hon. and learned member, Mr. C. the Chamber is involved by my action, and G. Heydon. We have heard over and over if I think it right to make these remarks, again that the Government was challenged if I am in order I shall not be gnided by by this House to go to the country, I the hon. and learned member. I maintain believe he was the only member of the that when a bill is sent up with these pro- House who offered that challenge. I do visions, it is quite in order for me to depre- not suppose the Government accepted his cate the action of the other House, and to challenge. We rejected the bill, and it led point out that theit· action is uncalled-for. to a dissolution and an appeal to the coun· [The Hon. A. H. Jacob. Land and Income [17 OcT., 1895.] try, which has resulted in the sending up of this bill. We are in the position of an umpire. It is our duty to protect the weak against the strong. I am not a man of figures, and, therefore, I shall not quote .any. The hon. and learned member, Dr. MacLaurin, has distinctly shown that the incidence of the tax will be on very few, and that the vast majority will escape. It lis the duty of this House to step forward and prevent the taxation from being taken <>ff the shoulders of the many and placed _ on those of the few. All according to their means-rich and poor-receive the benefits of government, and each one should, according to his means, contribute to the -cost of good government, to the maintenance of the police, the courts of justice, and such services. I do not see why they .should be relieved of taxation, which would be the result of this bill. I was inclined to move the following amendment in this direction, though I do not suppose it would meet with any support:That all the words after the word "That" be omitted with a view to the insertion in their place of the following words :-"this House declines to proceed further with this bill inasmuch ·as the provisions contained in it which exempt the owners of lands of the unimproved value -of £475, and of incomes of not exceeding £300 per annum, from taxation would most inequitably relieve from paying a fair proportion of taxes thousands of persons who should contribute for benefits received from .good government, and tax to an enhanced degree a comparative few; but the House is prepared to favourably consider a measure without land exemptions, and containing a moderate exemption on incomes, say, not exceeding £150 per annum." Judging from the temper of the House, I -do not think that even that amendment would meet with approval. Therefore, I shall not take up their time by proposing it. The Ron. J. WATSON : I hope the hon. member will move the amendment! The Ron. A. H. JACOB: If there is any chance of my carrying the amendment I will do so. The Ron. J. WATSON : Put it on record ! The Ron. A. H. JACOB: I will put the amendment on record, and test the sense of the House whether _they will support the amendment or go into Committee with the view of eliminating the exemptions and amending the bill in a way which will lead to its destruction. Ron. members no doubt have read the amend6 B Assessment Bill. 1801 ments, of which the hon. and learned member, Mr. R.. E. O'Connor, has given notice. Is it likely that if the House adopts his amendments, and other amendments which will be moved, for instance by the hon. member, Mr. Trickett, with whom I am entirely in accord, the other House and the Government will accept them 7 I think it will be a pity to waste our time in dealing with the bill in that way, and therefore, sir, I now formally move my amendment. If my amendment is carried, it will not amount to a rejection of the bill, because it will be quite competent for the representatives of the Government then to withdraw the bill, and to send up a bill in accordance with the view this House expresses. The amendment will place a plain issue before the House. It is in accordance with the precedents of the House of Commons, and, indeed, is in accordance with a precedent which has been acted on here. I consider it would be a simple waste of time after what has been stated by the Attorney-General, the Premier, and others, to amend the bill in the way which is contemplated. The Attorney-General stated a little while ago that he only indicated the other night the action of the Government in reference to the amendment of the exemptions as applied to this House ; but what he said on that occasion was the following:So far as I am concerned, I declined to give any opinion as to the power of this House; but whatever ruling is given, the Government-- Of course the Vice-President of the Executive Council and the Attorney-General are not the Governmentwill not accept any amendment with regard to the exemptions. Therefore, if I were to express any opinion at all, I should express an opinion I have formed beforehand with regard to this matter; but I am not going to say what it is. But in order that there may be no mistake whatever with regard to the ruling the President gives, hon. members will understand clearly arid absol_utely from me that if he rules that they can wipe out the exemptions or alter them, they will find the Government - - · The Government again, not the two members who represent the Government in this Housewill not accept either one or the other. Although there may be some shortening of the debate with regard to the decision of the President, I should be very glad to see a decision given one way or the other. I do not care what it is; but whatever that decision is, let hon. members understand clearly and beyond doubt that they will save no Fourth night. 1802 Land and Income [COUNCIL.] time in one way, because -the Government will not accept one farthing of reduction in these exemptions. The Hon. R. E. O'CoNNOR : The Government may be forced to accept them ! The Hon. Dr. GARRAN : My hon. and learned colleague stated to-night that what he meant to imply was the Government as represented here ! The Ron. A. H. JACOB: It is all very well to make this explanation now, but that is what he said. What answer will the hon. and learned member give to the Premier's statement the other night, that it will be unconstitutional and illegal for tbis House to alter the exemptions, and that the Government will not accept our amendments 1 Are the Government going to play one fiddleinthis House and another fiddle in the other House 1 It is a1l very well for the Attorney-General and the Vice-President of the Executive Council to say that; but the Attorney,General, in emphatic words, which are pregnant with meaning, indicated the intention of the Government. If they are going to be so weak as to swa1low the leek let them do it. Suppose that we pass the Land and Income Tax Assessment Bill, as a matter of course the Land-tax Bill, Income-tax Bill, and Customs Duties Bill will follow, for I suppose thr.re is no intention to reject one or other of these bills, which, in conjunction with this bill, are part and parcel of the financial policy of the Government. The Hon. J. HosKLNS: I hope it will ! The Hon. A. H. JACOB : I do not think it is at all likely that the Honse will. I think we shall stultify ourselves if we amend this bill and reject any of the other bills. I think it would be very weak on our part to take that course, and I certainly shall be no party to its being done. But what will be the result if we do 1 We have been told that the Colonial Treasurer expects to get a revenue of £400,000 from the land-tax with the exemption, and of £108,000 from the income-tax with the exemption. If the House should make the amendments which are contemplated-and which I think it will do, judging from the tone of hon. members, at which I am greatly astonished and pained-these bills will produce a revenue far in excess of what the Government desire to have. The Hon. E. WEBB: The hon. member will find that they will require it all ! [The Hon. A. H. Jacob. Assessment Bill. The Hon. A. H. JACOB: It is not very long since th~ Colonial Treasurer said he had plenty of money. It would be far simpler, as the hon. member, Mr. Hoskins, said, to obtain the revenue which is required by imposing a duty on tea and a tax on newspapers. I have held this view for a, long while. A duty on tea would produce from £125,000 or £130,000 a year, and a tax on newspapers would produce £40,000 or £50,000 a year. The Hon. J. WATSON : A very proper charge, too ! The Hon. J. HosKINS : And give effect to the recommendations of the Civil Service Commission ! The Hon. A. H. JACOB: I do not ~ee why we should carry the wares of newspaper-owners any more than the wares of a grocer or any other business man. In that way the Government could have obtained a fair revenue, along with the present customs tariff, without resorting to taxation in the objectionable 'form which has been so forcibly pointed out by hon. members, and more especially by the hon. and learned member, Mr. R. E. O'Connor7 last night. Another way of reducing the expenditure of the country would be by means of a local government bill. \Ye should have had a local government bill many years ago, and except for the cowardice of the Government we should have l1ad it now. If they had stuck to their colours they would have succeeded in inducing the legislature to pass the Local Government Bill pretty much on the same lines as they introduced it. As we have not a local government bill, I think thobest thing to do will be to accede to the wishes of the tens of thousands of people represented by the ninety or one hundred municipalities who have presented petitions to the House. I shall not be in a position to help the hon. member, :M:r. Trickett, in Committee. I should, however, be ready to support him in moving the exemption of all municipalities. The Hon. W. J. TRICKETT : The hon. member will have an opportunity of doing so before the House ·goes into Committee, because I will move an addition to his amendment! The Ron. A. H. JACOB : I am glad to hear the hon. member say that. The petitions which have been sent in to us have been very forcible. They are all in Land and Income [17 OcT., 1895.] the same terms, and I will take the trouble of reading the contents of one of them to hon. members : That there are at present 176 boroughs and municipal districts in the colony that collectively levy and expend annually on their local requirements a sum of about £500,000, thus saving the general revenue that_ amount of money annually. That only about 2,479 square miles in the colony are now under the provisions of the 1\Iunicipalities Act of 1867, leaving about 303,000 square miles that are incorporated, and at present not levying any special ra~es or contributions towards their local roads, ways, bridges, or local requirements. That if the unincorporated portions of the colony were placed under some form of municipal or local government and were locally rated at a reasonable amount, it is estimated that a sum of about £750,000 a year would be collected in rates, which sum would relieve the general revenue to that extent; and thereby partially, if not wholly, save the annual roads and bridges vote, which now comes out of the pocket of the general taxpayer. That by placing the whole of the colony under municipal or local government the money would be locally expended, thereby saving much time, money, and cost of administmtion. That the boroughs and municipal districts of the colony already contribute at the rate of £1 5s. 8d. per head of the population within incorporated districts, and lOs. 6d. per cent. of tho total annual value of all ratable property towards the cost of their local requirements. That your petitioners respectfully urge that in any system of land-taxation it would he unjust to your petitioners and to those within the incorporated districts of the colony that they, who are at present paying high local rates, thereby relieving the general revenue to the extent aforesaid, should be called upon to pay the same rate of land-tax as those landholders outside of incorporated areas who are paying nothing towards local rates. That such a proposal, if carried out, would press heavily and inequitably on all lands within municipal areas, would necessarily reduce the value of such lands, would injuriously prejudice the obligations that many existing municipalities have incurred, would reduce the amounts of their rates, curtail the employment of labour, and hampet· existing corporations in their contracts and municipal works. Your petitioners, therefore, humbly pray your honorable House that, in dealing with the measure for the imposition of :t land-tax, they will, in the first instance, either pass a measure of local self-government and thereby put all the people of the country on the same municipal level, or that they will make a fair and equitable exemption from such land-tax in respect of all those lands that are already under the provisions of the Municipalities Act of 1867. These are very cogent reasons why the municipalities should be exempt from land taxation. The petitions which have been sent in represent 500,000 people of the Assessment Bill. 1803 colony, and I think we have a perfect right to grant them the relief asked for. It is all very well to argue that the municipalities ·obtain benefit for the taxation imposed upon them ; but that is not so. They are not only taxed upon local improvements, but they are taxed by the general government for the construction of roads and bridges and for other improvements. Therefore it is only fair that they should be exempt from taxation, at any rate until we have a general local government bill. I have indicated that I am gojng to vote against the second reading of the bill. I do not wish to enter into abstruse and complicated calculations. That is not my forte, and it has been clone in a very forcible way by several hon. members. If I had been ever so much in favour of the second reading of the bill, the speeches which have been made by hon. members whom I have named would have converted me, and induced me to vote against it. It is a most unjust measure. We have been ·told by the Representative of the Government that the Government will oppose the amendments which have been indicated, and we have no evidence that they will be agreed to. Therefore, I do not see why we should go into Committee for the purpose of emasculating the bill. We have had forcible speeches against the measure. The hon. member, Mr. Kater, who made a forcible speech, which must have converted any one who was in favour of the bill, startled hon. members ·by informing them that if he did not vote for the second reading of the measure he would not vote against it, but would most likely leave the Chamber. Well, I call that cowardice, and I am astonished at any one of the standing of the hon. member making such a confession. If I had been in favour of· the second reading of the bill the bon. member's speech would have converted me dead against it. The bon. member, in a brief but almost as forcible speech as any which has been delivered, spoke against the measure, and then told us that he did not intend to v.ote against it, because the mandate of the people was in favour of the bill with the exemptions. I like fair play: If we pass the second reading of the bill, and it is amended in anything like the direction contemplated, it will rejoice the hearts of a <>reat many of the Opposition. It has been "'said to me that it is a capital Fourtl~ night. 1804 Land and Income [COUNCIL.] game for this House to play to pass the second reading, and amend the bill in the way proposed, as it would put the Government in a hole. I shall be no party to any action of that kind. If I could not defeat the Government in a· fair way I would not drive them into a hole. I know there will be great rejoicing in a particular camp if what is intended to be done succeeds. With regard to the question of municipalities, if we amend the bill in the direction indicated I should think the Government ought to gladly accept the amendment in reference to excluding municipalities. When the Premier, on the 27th November of last year, was speaking on the first assessment bill, he said this : ·Assessment Bill. important, solid, well-built town. It has managed to keep outside the sphere of municipal government, and I suppose there is no town with better roads or streets than Corowa. All that is done by the national treasury at the expense of the general taxpayers, and not one penny is contributed by the citizens of that town towards that very well managed evasion of their incHvidual duties. There are a number of other towns in New South \Vales, over 100, perhaps not so important as Corowa, in the same category. They are inhabited by people who, from lack of public spirit, or from some narrow selfish motives, have contrived to evade their own individual obligation with respect to the works in their own localities. I think the House will agree with me, without a dissentient voice, that the time has come when those who are destitute of the necessary public spirit and honesty to. form municipalities, ought to be compelled to do so. I confess that the differences between persons living in municipal areas and persons living be. yond municipal areas constitute a substantial Those are the views of the Premier, with injustice at present to those who are within . w'hieh I am entirely in accord. I think municipal areas. In the case of those outside they come in very well in support of the municipal areas, those local works which ought amendment, the hon. member, Mr. Trickett, to be constructed under municipal authority are intends to move upon my amendment. Of not left to the private individuals to construct, course, if I had any chance of taking part but on the contrary, the funds of the whole in the consideration of the bill in Commitcommunity are drawn upon to construct the intee I would help the hon. and learned memdividual local works which are wanted by those individuals who are able to keep themselves beber, Mr. R. E. O'Connor, as far as I could yond the pale of municipal law. It is that which to carry the amendments of which he has makes the injustice to those who live within given notice-to strike out the whole of the municipal areas, because those without take the land-tax exemption and to reduce the inmoney which equally belongs to those within to come-tax exemption to £1(10. But I will perform local services· for those without while be no party to passing the second reading those within municipal areas have to pay their of the bill if it is to be emasculated in the own expense. Consequently, I think I was way proposed. right in my view that the whole of the residents of the country, as regards their indiviAmendment proposed. dual local works, should be placed upon as equal The Hon. Dr. CULLEN : After what a footing as possible, because it would, as a has been said, and by way of anticipation matter of fact, although not perhaps unjust, of what I assume the hon. member, Mr. seem unjust, and certainly be most unequal, if Trickett, means to say, I feel bound to add a national land-tax were imposed upon a counsomething to the debate, though much try situated in such an extraordinary way as this is with reference to the spread of municipal against my inclination. institutions. As hon. members know, out of The Hon. W. J. TRICKETT : The hon. 310,000 square miles, only 2,000 square miles of and learned member might have let me our territory are under any form of municipal say what I had to say first! government. The residents of the other 308,000 The Hon. Dr. CULLEN : I think that square miles have all their local works for their own individual convenience constructed at the possibly it would be better for the hon. expense of the state. The persons within munimember to hear what I have to say. I am cipal areas h~tve, therefore, not only to construct so heartily sick of this eternal taxation their own local works, but they have also, as squabble, I so utterly resent the unreasoncontributors to a national treasury, to pay for able preponderance which it has assumed the works of those who have not taken upon in our political controversaries for ye::trs themselves their own local individual burdens. past, and the wretched uneasiness and M1·, A. Chapman: In those places the popuunrest of mind which it has created, that lation is very small ! I would be glad to gi\'e a silent vote for llf ?', Reid: No. There are a number of imany reasonable compromise which would portant places, such as Corowa ; that is a very [The Hon. A. II. Jacob. Land and I nco me [17 OcT., 1895.] see the thing decently buried. Bnt in spite of what seems tl1e very justifiable attitude taken by many hon. members, and the desire displayed to deal with the matter amicably, and in a spirit of compromise, there are hon. gentlemen who even now--I say nothing about motives, because I have always protested against asking about men's motives-would make confusion worse confounded, and leave this thing further off settleme~t than ever. I want to protest against this ; I want to guard against some of the mistakes which I may possibly be betrayed into, through want of proper information, and against being misunderstood by those who might suppose that I subscribed to all the opinions expressed by those in favour of the bill. I welcome the attitude of mind of those who, in spite of their own convictions, acknowledge that the voters of this country have the right to express a final voice upon questions of taxation, and who, in spite of their belief that a mistaken policy is going to be entered upon, are willing to have the matter clearly discussed. I protest, however, against the ungracious attitude which most of ~hose sa.me gentlemen have shown in entering on the spirit of compromise, the fulsome, not to say almost offensive praise that is lavished upon the members of this Chamber for everything which they do, and the constant suspicion of the motives of everyone who has uttered a word of criticism upon what this Chamber and its members happen to do. With all the admiration I have of some of the hon. gentlemen who have spoken in this debate, for their great ability and true criticism, it is offensive and childish to eternally drag in the name of the Premier, to accuse him of everything dishonest and insincere, to repeat ad nauseam in every debate and every speech every foolish word he happens to utter and every mistake he makes. If the the House is going into a spirit of compromise and amicable settlement, let us leave personalities alone. The Hon. H. C. DAN GAR : \V ell, let the Premier stop it ! The Hon. Dr. CULLEN: They are none the less personalities because they are put in the shape of criticism of a high political personage. The man has his fault~, but, surely, matters can be discussed here Assessment Bill. 1805 without thrusting in his motives, his insincerity, and everything that is bad about him. He has become a sort of bogy. It is impossible for him to imagine anything that is sound or sensible. I£ the people of the country have made up their minds on the question of substituting direct for indirect taxation, let the thiiJg be dealt with on its merits, and let the Premier alone. Abuse him as much as he deserves when the proper time and place comes ; but surely it is not conciliatory to be eternally raking up questions .of motiVf~s. Yet this is what has been done in speech after speech in this debate. The motives of the Premier, of the Government, and of the members of the Assembly, have all been dragged in. Even the hon. member, Mr. Jacob, for whose great abilities and information I have the highest respect, could not let that fighting spirit which is so strong within him be quiet for a .moment, and leave the members of the Legislative Assembly alone. What justification is there for saying that these men vote salaries to themselves 1 That statement can only have one meaning-that they do it corruptly, in spite of the interests of the country. The Hon. A. H. JACOB : What does the Premier say with regard to us 1 The Hon. Dr. CULLEN : The Premier again ! I pass by the Premier now. I am speaking about the unjustifiable charges which have been made by the hon. member and others with regard to the motives of the members of theLegislativeAssembly. What right has anyone to charge against a body of men-who, good or bad, arethe choice of the people-that, in introducing an exemption to a certain amount in this direct taxation scheme, they had the motive of saving their own pockets,. and leaving their own salaries untouched 'I' This eternal question of motives is the· disease of politics in this country. There is not a man who is free from it. It is. time that the fact was pointed out, and, if anyone else had pointed it out I would not have risen. Motives ! Sincerity ! What earthly use is there in raking up· questions of sincerity in public discussions 1 We may have our own reasons, and good reasons, for believing that politicians do corrupt things perhaps every day ; but if every questio~ propose~ is to be discussed upon the basis of motiVes- Fourth night. 1806 Land and Income [COUNCIL.] which no man on earth can fathom, because no man can read another man's mind-no successful decision in politics can ever be arrived at. This House, with all its good services, has set a very bad example to the people in eternally raking up and suggesting the vilest and most corrupt motives. vVhat right has anyone to suggest that the voters were bribed into accepting this scheme because certain exemptions were introduced into it, by which they were led to believe they would escape and~ have the pleasure of putting their hands into other men's pockets 1 Supposing it is true, are we likely to cure it by allowing all our decisions on political questions to be coloured by these vile suspicions 7 I say, No ! I cannot get up any enthusiasm over questions of taxation; hut this is a question which has come to be settled, and, in spite. of every effort to make it impossible for this or any government to arrive at a final settlement of it, it is every day more in need of being settled, and will be settled whether we like it or not. The question is whether we shall keep the country in suspense any longer than we can help. I welcome the attitude of those who say tlmt the . way is now clear for arriving at a compromise. It is true that there was a long discussion about the nature of the bill ; but the Government, by acquiescing in both houses in the ruling that it is not one of those bills which cannot be altered by the Council-which was practically the question which was decided in the Assembly--have taken a stand which makes it reasonable, if this House thinks fit, to propose and carry amendments in the bill. The Ron. A. H. JACOB : That could not possibly have been Mr. Speaker's ruling. He had no power to say anything with regard to our action ! The Ron. Dr. CULLEN : I did not say that that was his ruling. I explained that the effect of his ruling was to show that the bill belonged to a class which was not exempt from amendment by this House. He was asked to say whether it was a taxation bill. I know that the hon. member, Mr. Jacob, made a distinction when the matter was under discussion the other night, which perhaps had not sufficient justice done to it, in saying that the question was not whether [The Hon. Dr. Cullen. Assessment Bill. · this was a taxation bill, but whether the amendment would have the effect of adding to the taxation of the country. The mistake which the hon. member made was in not recognising that, if the bill did 1wt introduce taxation, the amendment suggested by the hon. member, 1\fr. R. E. O'Connor, could not increase it, and that when you answered the question about the bill, you answered the question about the amendment. We have had the ruling in both houses that this bill does not belong to a class which is exempt ft·om amendment by the Council. That being so, whatever blame n1ay have been thrown on the Council previously for interfering with the bill, I do not think that it can have the same weight now. The acquiescence of the Government in both rulings has taken the sting out of a good deal that might otherwise have· been said about the action of this House if they amended the bill. The question, is it wise and politic to make the amendment, and whether we should not under the circumstatices abstain from making it, is another matter altogether. The question of amendment by this House is one which may very well be taken into consideration by the Government, and wisely and temperately considered by them ; but it is a very bad arrangement, in view of that possibility, to throw suspicion on' every action of the Government and of the Legislative Assembly, without the support of which the Government could not hold powerforaday. I beseech hon. members not to make it more difficult for the Government and the Legislative Assembly to come to a compromise, if they should see fit, or be persuaded by the reasons offered here to do so. With regard to a great deal of the criticism that has passed on the bill, I regard it as completely unanswerable. I am not now referring to the question of exemptions, which I shall deal with later on. With regard to the details of the bill, in connection with which the hon. and learned member, Dr. MacLaurin, showed that the question of mortgages was dealt with in an improper and unworkable, and, possibly, unjust way, it seems to me that that criticism is absolutely unanswerable, and th~t the. Government is under an obligation to those who made it. I have not the slightest doubt that, on being fairly considered, amendments which Lana and Income [17 OcT., 1895.] would get rid of the mischiefs pointed out in that criticism would be accepted by the Government. There are other matters of detail which I do not propose to con-· sider now; but I want to say something about the question of exemptions. I cannot for the life of me understand the attitude of many of those who admit that an income-tax may fairly contain an exemption, but who say that a land-tax should not-that there is absolutely no justification for it in a land-tax. I do not care whether they are supporters of the bill or opponents of it, I cannot see the logic of their contention. The confusion Df mind which those hon. gentlemen get into arises in this way : This is a doublebarrelled bill, providing for both a landtax and an income-tax, and it is assumed that the moment you withdraw .£300 or £150 from the taxable amount of income you therefore exempt every man who is subject to a tax. But you do no such thing. An enormous number of landholders have no income except that derived from their land, and there are thousands of menplanters of orchards, or men occupied in growing small crops or raising a few cattle -who, having bought land from the Government·, have sunk in it every penny they could borrow, and will not get sufficient income from it for the next five years to keep a cat. If you do not make an exemption in favour of this man, and you do make an exemption in favour of every whippersnapper who hangs about town and carries on a trade, where is your justice 1 If you make exemptions from the tax on income in order to leave everyone the means of subsistence, or because you do not want to go so low that it would not pay to collect the money, the same applies to the man on the land. It is said that Henry George is at the bottom of a great deal of this taxation, but I think that Henry George is at the bottom of some of the criticisms on the bill. Some hon. members say that if· you tax land at all, you must tax every landowner even if he has only half an acre. Anyone who looks at the statistics of the Government Statistician will see that there is a large number of owners who have only very small areas, and if you do not make exemptions you will make it impossible for some of the most valuable settlers in the country to get a living. An hon. member asked what benefit it would be to Assessment Bill. 1807 the country if men went out of Sydney. I say that the men who go into the country and do pioneering work, working longer hours than anyone else, exposed to all weathers, who have ·absolutely no encouragement., who are raising produce and have no road over which to carry it., and who cannot with all the labour· of themselves and their families make as much as a decent bootmaker in the city, who has the comforts of civilised life around him--those men who go out and undertake those hardships are of greater service to the country than those who remain in the town. \Vhere is the justice if you allow exemptions from the income-tax of not allowing exemptions from. the landtax~ You will not do justice if you sweep away the exemptions. vVhat shall be the amount of the exemptions is another question. I think the exemption at present is a ridiculously small amount. By being exempt to the amount of £475, the landowner gets .£2 knocked off the tax; but a shoemaker who makes.£300 a year saves£7 lOs., which would have to be paid in taxation but for the exemption undertheincome-tax. Both the friends and the opponents of the bill seem to think that there is less to say about exemptions from· a land-tax than there is about exempti~:ms from an incometax. Another thing which is quietly assumed, though it is totally'-:vithout foundation, is this : It is said that -if the bill passes a very large part of the population of the country will escape taxation altogether, and it is said that those who escape will make use of their power to filch money from the pockets of those who are better off than themselves. Yet on looking at the estimates of ways and means I find that there will be over .£1,000,000 of permanent taxation through the Customs, notwithstanding the passing of this bill. I do not think it is a very sensible thing to say that unless a man smokes or drinks he will escape taxation. It is not correct to say that those who do not pay the land or income tax will escape taxation, and that they will make use of their political power to spend the money of other people. The tariff bill does not propose to take away the taxation all at once on articles at the Customs. For many years there ·will be customs taxes still imposed. Until those taxes are swept away the whole people will pay taxation through the Customs, Fourth night. 1808 Land and Income [COUNCIL.] and there will be time enough then for the question to arise-whether it is necessary to prevent those who are paying no taxes from having a voice in spending money raised by taxes on other people. I wish to say one other thing with regard to the amendment to be proposed by the hon. member, Mr. Trickett. I am very much struck by the case made out by the municipalities. They l1avehadill-natured things said about them, and they have been tempted over and over again by the selfishness of residents outside their boundaries who do not contribute anything towards local revenue and who get grants of public money from the Treasury. I know that the governments for years past have been giving subsidies to the municipalities-and it is one of the few decent things which the governments of this country can take credit for-for the last twenty years. Although every government was blamable for not introducing a general local government scheme, it was better to afford even moderate encouragement to towns to incorporate themselves than to let all the Government expenditure on public works be given to those who contribute nothing out of their own pockets towards it. But what claim have these municipalities shown themselves to be entitled to 1 The injustice which they complain of is one which they have been suffering from for the last twenty-five years, or as long as they have been in existence. They have been contributing taxation to be spent at the whim of residents in parts of the country where nothing is specially paid towards local works. That injustice has been going on for years, and the remedy which should have been applied in previous years should now be applied. It is the solemn duty of the Government to 'bring in a local government bill without the smallest delay, and to see it passed. But the municipalities do not establish a claim to escape from national taxation. The national taxation which the bill proposes to impose upon all residents is not such as to cause injustice to residents in municipalities. It is taxation which only bears upon them equally with the rest, and if the money is properly expended the residents in the municipalities have no more right to complain than anyone else. If a general local government system were established then all would be on an equality. That is the only way to make them [The Hon. lJr. Cullen. .Assessment Bill. equal. Look at the anomaly that we should have if certain persons had the right to pay their own land-taxes and spend the money themselves, whilst the residents in other parts of the country hact to pay their taxes to the central government, the money to be expended by the central government. The residents in municipalities would be the first to see the injustice of such an arrangement. The land-tax will form a very small portion of the revenue of the country. Those whO< paid their money directly into the Treasury would consider that they were entitled to have it out of the Treasury to be spent in making roads and other works, but the Government would say to residents in municipalities: You have chosen to collect your own taxes, you can live on those t:J.xes. It would be found to be an unworkable condition of things. The real remedy for the injustice if a national system of taxation is introduced is to pass a general scheme of local government. How on earth men can get up such enthusiasm about protection, about single tax, and other taxation questions, and at the same time find the people of the country living in a barbarous condition of things which degrades political life into something below the vestry system of the old country and causes a general scramble for public money-how they can do this shows a species of mania in which the relative importance of things: fails to be recognised. The Hon. W. J. TRICKETT: Could the hon. and learned member name one country where there is partial local government and a land-tax 1 The Hon. Dr. CULLEN : I am afraid I am not well enough informed. The Hon. J. H. ·WANT: Does the hon. member blame the Government for not accepting that amendment in the Local Government Bill1 HoN. MEMBERS : No ! The Hon. Dr. CULLEN : The total national taxation is not proposed to be increased to the amount of ld. by this bill. The only question for those who like myself cannot get up any enthusiasm about rival taxation schemes is this: if £500,000 is taken off customs taxation and we have to get it by direct taxation, will it cause a greater injustice than is produced by the present system 1 HoN. ME~IBERS : Yes ! Land and Income [17 OcT., 1895.] The Hon. Dr. CULLEN : It is easy to answer "yes," but much harder to find reasons. One hon. member trotted out this argument, that because rich people pay on carriages, lace, and jewelry, and the poor do not, therefore rich people are more heavily taxed in proportion to their means than are poor people. But it has been pointed out over and over again that the present system of taxation does press more hardly on the poor than on the rich. Anyone ought to be convinced from the remarks of the hon. member, Mr. Puisford, and the calculations which he made with regard to the incomes of the rich and the poor, showing what would be required for subsistence and showing what they contribute in taxation. No one can deny that the incidence of taxation does press inequitably on the poor. The Hon. J. HosKINS: That is the state of things in England ! The Ron. Dr. CULLEN: It is the state of things here because the same condition in an ,aggravated form exists here under our present fiscal system. The Hon. J. H. WANT: It is more so here because the poorer classes pay more through the Custom-house ! The Hon. Dr. CULLEN: I shall not waste time in detailing the facts. It is so much easier to fall back on mere general statements than to carry the facts in mind. If hon. members have not heard Moses and the prophets they will not be persuaded though one rose from the dead. This has been proclaimed by every thinker on the subject for many years. I do not think that any one who has learned the a b c of political science can deny it. Admitting that there is an inequality at the expense of the poor; and admitting that there will be an inequality later on at the expense of the rich, will the inequality produce greater hardship or do more injustice than does the present system 1 I believe that if that question is investigated it will be found that th(l inequality and the injustice will be very much less, because it must be remembered that the bill does not single out the rich and leave them without any exemption at all. It applies the same rule to both poor and rich; they all start level. Another remark which thehon. and learned member, Mr. C. G. Heydon, made-and which I think is of equal rank Assessment Bill. 1809 to his remark about carriages and lacewas that most of the small owners have improvements on their land and do their own work, in fact he considered them rather lucky individuals, because neither their labour nor their improvements are taxed. Leaving the improvements Rlone, poor devils, why should their labour be taxed more than anyone else's 1 The men who go out from the towns and face all the hardships of pioneer life for years, and who are not able to earn as much as a mere labourer in town, are to be congratulated because their labour and their improvements are not taxed. There is no escaping from this: that not merely does this exemption, whatever amount it may be, apply to both rich and poor, but these improvements which the rich are able to do very much better than the poor can do are wholly exempt from taxation. The Hon. Dr. MAcLAURIN : That is the unfairness of the bill ! TheHon.Dr.CULLEN: Possiblyso. I know the hon., gentleman attaches a good deal o£ importance to this idea that the increment of value is being ta.xed and that it is not a property-tax. I cannot see-and I do not say that because I do not see it there is nothing in i_t, because I never hear the hon. and learned member say anything· which is not worthy of grave consideration-how if you impose any property-ta,x unless you are going to fix the first valuation and keep that for ever, if you are going to have periodical valuations, the increment or t.he decrement can fail to form an element in the taxable amount_ What earthly reason can there be in the assertion that this tax is objectionable because it is an increment tax 1 The mere fact of your deducting the value of the improvements does not make it a more objectionable tax. It has been suggested to-night that that unfortunate will-o'-the wisp, HenryGeorgA, is responsible for even that ; that because he came here and was run after by a certain section of the people this proposal to exempt improvements was introduced in this bill. The objection to the taxation of improvement& was well understood before Henry George's father was born. It is one of the evils of our present municipal system that it does a palpable injustice to those who improve their lands. The moment a man is enterprising enough to improve his land, up go his rates. It Fourth nigltt. 1810 Land and I nco me [COUNCIL.] discourages improvements. I do not suppose that any system of taxation can be made to kill two birds with one stone, that either protective duties can be made to make everyone rich, happy, and comfortable, or that a single-tax on land can do the same. Bnt although I do not think you have any right to expect that any great and wonderful benefit will arise in some other way than from raising revenue, I do recognise that you are bound to choose the least of all the evils which are incident to all systems ?f taxation. Surely that is the proper test. In estimating the sum at which every man is to be taxed, if you find .that that avoids the evil of discouraging improvements on land, then I think you are acting wisely when you fix your assessment on that principle. It seems to me that if one could only dissociate this question from the personal element which always creeps in, from the idea that some labour party is trying to subvert the Constitution, or that some George or Bellamy is trying to revolutionise the world, and deal with the thing practically, a great number of the difficulties would vanish. I do not say that if I had been free to choose I would have thought it worth while to go to all this trouble to substitute direct for indirect taxation, but I do recognise that those who are in favour of direct taxation have an enormous amount of reason on their side, and they have pointed out certain evils which will be avoided if the change is made. The nation having made up its mind on that, as has been recognised by most of the thoughtful speakers in this debate, the proper attitude fot· this House is the most conciliatory and amicable one it can assume. Hon. members, in spite of all the provocation they have got, are not to make it more difficult for the other Honse to accept any suggestion which they may have to make. They are not to make it impossible for the Government to give impartial and friendly consideration to their proposals. I do not want hon. gentlemen to think that I do them any injustice, or that I say for a moment that they have not received provocation. Not one of us is perfect, and hon. gentlemen will confess, I have no doubt, that they may have fallen into errors just as others have done, and they have not had the most friendly construction put on the [The Han. Dr. Cullen. Assessment Bill. judgments which they have formed from time to time. But surely if anyone can aftord to rise above these considerations, and to do what is right for right's sake, this Chamber can. This country has a great many lessons to learn, and this House has it in its power to set an example to the people. I think, and have always thought-and it is one of the things which reconciled me to the question of direct taxation-that the moment men had it forced upon- them, especially the more comfortable classes, that they were responsible, that they spoke with the mouth of the members of the Legislative Assembly, the sooner there would come some reform, the sooner there would come some change of the evils which every young country is in danger of drifting into ; but of all the men in the country, I believe the comfortable classes have, of late years at any rate, the least record to show in their efforts to influence men's judgments at election time, and to see that their minds and voices shall be heard in the halls of the Legislative Assembly. There has been too much of a desireand ib has received too much encouragement-to look npon this House as the special representative of the comfortable classes. That cannot be, and it never will be. The Legislative Assembly is the spokesman of both those who are well off and those who are poorly off; and if they wish justice to be done, then they must see that their voice, and not ihe voice which they profess to look down upon and be ashamed of-and very little credit it is to themselves-shall speak for them in that House. This House has it in its power-and, if I know anything about it, a time will come before very long when it will be fully recognised-to let the Assembly see that the Council at any rate recognise that that House is the representative voice of the nation. I care nothing for this expression, " The mandate of the people." It is a new-fangled term which until recently was never heard of in English constitutional history. It is only appropriate in the mouths of those who believe that a member of Parliament is a mere agent with every detail of his work put into his mouth, and that he only comes to the House and speaks the words of others who are outside. Surely the position of a member of Parliament is that Land and Income Assessment. [17 OcT., 1895. J of a representative, not that of an agent or a delegate 1 Therefore, when the Assembly speaks the people speak. If any ·people in this country think that the people's voice is not rightly reported by that Assembly, they themsel 1·es are to blame unless they are ,quite certain that they have made every effort in their power to avoid it. This question arises here, and it is a question for us to consider very gravely and temperately; and while I give every credit to those who temperately wish to see this question settled, I hope their suggestions will be wisely and temperately considered. I do not believe in doing away with the amount of the exemption from the landtax. I think it is a matter which may fairly be considered whether the amount could not b'y way of compromise be reduced, and whether the exemption from the in{)Ome-tax could not be reduced, and not, by way of amendment on the second reading of the bill, to make it impos~ible for its suggestion to receive any consideration if the Government is going to retain any selfrespect. The Ron. \V. J. TRICKETT : Are the Government willin~r to adjourn the debate 1 The Hon. J. H. WANT : My hon. friend intends to propose a very important amendment in regard to municipal lands, and I want to hear what he has to say in favour of it before I address the House. The Ron. vV. J. TRICKETT : I am not prepared to speak to-night! The Hon. J. H. WANT: I think it would be hardly fair to ask me to address the House until I have heard what my hon. friend has to say on this question. I am quite willing if lie does not desire to speak to-night to adjourn the debate. I certainly think it would be much fairer to me to hear what he has to say before I speak, as it is rather an important amendment which he proposes to move. The Hon. W. J. TRICKETT : I am much obliged to the hon. and learned member for his courtesy. I am not prepared to say what I wish to say to-night, and as it is apparently the wish of hon. members, I move: That the debate be adjourned until Tuesday next. Motion agreed to; debate adjourned. House adjourned at 8 ·58 p.m. Alleged Poisoning. 1811 ~zzembll!,. Thursday, 17 October, 1895. 11eyiziatibe Gold Leases-Alleg-ed Poisoning at Canally Station-ExMember's Pass in Pawnshop-Mr. E. H. Wilshire: Crown Law Offices-Bradley's Head Leases-Referee in Fight: Placke and Barker-Clubs supplying- Liquor 'Vithout n. License-Captain Murray, Newington Asy~ lmn-Fisheries Bill-Capcrtee TramwayBill-Redfern Electric Lighting Bill-1\facleay River Entrance-Selections by ~Iartin Tully-Yentilation of .:i\Iines-Gold· fields: Mining Conference-Prisoner Johnson-Pay~ m.entof Salaries from Loa.nVotes-PatentsLaw Atnend~ ment Bill-Adjournment (Travelling- Stock Routes)Elections and Qualifications Committee-Consolidated lte,·cnue Fund Bill (Suspension of Standing Orders)Federation Enabling Bill-Order of Business-Committee of Elections and Qualifications-Public Service Bill-New :i\Iember-Consolidated Revenue Fund Bill -Ways and ~leans. Mr. SPEAKER took the chair. GOLD LEASES. M.r. HURLEY askf~d the SECRETARY FOR MINEs,-(1.) What is the number of gold leases in existence in New South Wales~ (2.) What is the'numherof gold leases in existence in New South '\Vales with the rent paid up 1 (3.) What is the number of gold leases in existence in New South \Vales in arrears of rent 7 Mr. S. SMITH answered,-(1.) 928. (2.) 746. (3.) 182; of these 123 are in course of cancellation ; the others are only just due, or, in a few cases, time has been allowed for payment.. ALLEGED POISONING AT CANALLY STATION. Mr. FEGAN (for Mr. SLEATII) asked the ~£INISTER OF JUSTICE,-Is it a fact, as reported, that Brown, who was tried a_nd acquitted at Deniliquin for poisoning at Canally Station, haR confessed to the crime1 Mr. GOULD answered,-I am informed that there is no truth in the statement that Brown confessed to the crime. A report was circulated in D~niliquin the night of the trial by a discharged prisoner, who was drunk at the time, that Brown told him he had pnt poison in a flour tin; but next morning, when sober, he denied the statement, and ·positively stated Brown had never spoken to him i~ gaol. Th~ gaol officials state that the discharged ~;m soner could not have had any conversatiOn with Brown when in gaol.