striven to do his duty, and, especially in the first few years, had been an instructive helper of the people. These turns of public opinion among Western Australians were as the wind; it was when their pockets were affected that they cried out loudest.
To digress still more, it is fair to say that the new men were not exempt from condemnation. Though colonists had no direct representation in the primitive Parliament, they knew well how to show disapprobation of administrative acts. In 1851 a bill was introduced providing for the increase of salaries of Government officials, from the Governor down. A wild cry of indignation arose from certain colonists, while the press condemned the proposal as wicked and unwarranted. With the accession of convicts the duties of the administration had greatly increased, and the Executive conceived that officers merited higher remuneration. The magistrates received additions which were paid out of convict funds. The rise took place, but not without bitter and undignified language being thrown about with astonishing liberality. In May, Governor Fitzgerald asserted that he had "never felt in a more trying position," and that he would not accept the proposed increase "until it was fully demonstrated to him to be the wish of the public." Then, with withering sarcasm, he said he "had done with the press; it was beneath contempt." The Independent Journal, going to almost the extreme limit of independence, replied— "The Legislative Council have put the finishing stroke to one of the most flagrant deeds of spoliation of public funds which even a despotic Government like that of this colony ever perpetrated or ever attempted." Then, obviously arraigning Governor Fitzgerald, the writer continued, "The ill-judged and contemptible abuse of the press which the members thought fit to make use of during this extraordinary sitting of the Council, is a striking proof of how utterly unfitted they are for the position they occupy as legislators; to attempt to browbeat and put down any public comment upon their doings surely betrays a consciousness that they will not bear the test of examination, and the assertions of His Excellency that the papers are continually misrepresenting the intentions and acts of the Government are too puerile almost for contempt."
The principal salaries paid in the Civil Service in 1852 were:-
| Governor ... | £1,300 | Customs Department ... | £1,202 |
| Private Secretary ... | 150 | Harbourmaster's Department ... | 302 |
| Clerk ... | 100 | Postmaster-General ... | 200 |
| Colonial Secretary ... | 600 | Do. do. (clerks, &c.) ... | 273 |
| Clerks (3) ... | 330 | Aborigines Department ... | 859 |
| Clerk of Council ... | 200 | Medical Department ... | 560 |
| Treasurer and Deputy ... | 90 | Military Department ... | 182 |
| Auditor ... | 300 | Schools ... | 300 |
| Registrar-General ... | 50 | Judge ... | 500 |
| Surveyor-General ... | 500 | Advocate-General ... | 400 |
| Surveyors (8) ... | 1,575 | Judicial Department ... | 760 |
| Works Department ... | 260 | Resident Magistrates (11) ... | 925 |
But, returning to the land proposals, the Council, convinced that the committee's proposals would not be supported by colonists, shelved them for awhile. A bill was submitted in 1850, despatches were interchanged with Earl Grey, and in December, 1850, it was proclaimed that for 1851 rental of 10s. per 1,000 acres would be charged for depasturing licenses. The Government retained the right to build roads, to take away any indigenous product, rock, or soil, to cut timber, sandalwood, or other woods, to pasture Government horses or cattle working upon the land, and to the right of way through leased lands for persons passing from one part of the country to another, with or without stock or teams, on all necessary occasions. Restrictions as to land contiguous to rivers were enforced. Up to April, 1851, depasturing leases to the extent of nearly 1,500,000 acres were issued under these regulations.
The Governor suggested to the Secretary for the Colonies that tillage leases should be issued without harsh restrictions as to positions, and that a rental of 1s. per acre be charged. Earl Grey, says one writer, "dashed his pen through the figure" without consideration of the circumstances, and required that the rental be 2s an acre. In August, 1851, new regulations were proclaimed by Governor Fitzgerald. They provided that tillage leases would be charged at 2s. an acre, and should not contain less than 100 acres. Each lease would comprise 320 acres, in blocks as nearly square as possible, with no more than one-fourth of the external boundary line on any river or open water, and no selection to include both banks of the same. All applications were subject to the approval of the Governor. Where two or more parties applied for the same land the lease was to be put up at auction, when only the applicants were allowed to bid; the full price was required to be paid down on the day of sale. Survey charges were paid by applicants. Should a lessee purchase any part of his holding during the currency of his lease an abatement of rent was made until its expiration, provided that the annual rent was not reduced below £10. A rental of 2s. an acre was almost prohibitive; it was hopelessly unsuited to the circumstances.
At the same time new regulations for pastoral leases were issued. Lands in Class A were to be let at not less than 2s per 100 acres in sections of 1,000 acres and upwards; the yearly rental must not be less than £1. Pastoral leases were limited to 20,000 acres, and carried the exclusive right of occupancy for pastoral purposes only. Indeed, a pastoral run was made liable to forfeiture if any land not covered by a tillage lease were cultivated. No compensation would be given for improvements upon the expiration of the lease. Transfers were subject to the Governor's approval. The lessee was generously allowed to cut timber for domestic purposes, buildings, fences, stockyards, &c., but was not permitted to sell or remove such timber from his land. Leases dated from 1st January to 31st December. The reservations of Crown rights were the same as in those regulations issued in December, 1850.
Any ordinary student of land laws will recognise how impolitic were many of the restrictions in these leases. In the light of subsequent experience, and of the excellent examples and results of liberal land laws in America, it will at once be conceded that these regulations were not calculated to encourage cultivation. The great need of Western Australia then (as it is now) was to encourage the utilisation of the land, and to attract a large population. The pastoral lessee might well feel that he was dishonest if he presented a bundle of sticks to his neighbour, or planted cabbages in a few feet of ground at the rear of his premises. Indeed, it would seem that the regulations were wishing to define the position of one living on the land of a rich friend by a too generous suffrage. He would be anxious to erect by constant exertion substantial improvements, which would revert to his friend, but almost ashamed to receive any profits from his work for fear of robbing him. The restrictions were foolish. The Imperial officers had not yet recognised certain essentials of colonisation. Colonists remained satisfied with these regulations for a few years.
Two more items of interest must be mentioned. In June, 1850, the Government Gazette proclaimed that the minimum prices
