PARLIAMENTARY.

Ashburton Guardian, Volume IV, Issue 980, 27 June 1883, Page 2

PARLIAMENTARY.

LEGISLATIVE COUNCIL. Tuesday, June 26. THE ANNEXATION QUESTION. The Premier moved resolutions affirming the approval of the Council in the Government co-operating with the Governments of other colonies in the establishment of British rule in the New Hebrides and other islands, and in New Zealand paying a portion of the expense. In a debate which ensued, Sir G. Whitmore approved of the course proposed, but moved —“ That it be extended to all islands that are not under the control of foreign powers.” The Hon Mr Holmes supported the resolutions, as did the Hon Mr Richmond. The Hon Dr Grace spoke against them, and ultimately the debate was adjourned. EXTENSION OF PAYMENTS. A message was received from the Lower House, notifying the power of the Troasui er to pay money to three months after the close of the financial year. PARLIAMENTARY PRIVILEGES. The Parliamentary Privileges Bill was read a second time. The Council adjourned at 5. HOUSE OP REPRESENTATIVES. Tuesday, June 26. The House met at 2.30 p.m. NATIVE LANDS. The Native Minister presented a petition from Wahanui, Taoni Manga, and other principal chiefs of, the Waikato, praying for a less expensive mode of ascertaining the native title to land, and a simplification of the dealing with these lands after the title has been ascertained. The petition was read and ordered to be printed. APOLOGY. Mr M. W. Green, as a personal matter, asked to be permitted to withdraw statements re the administration of justice made by him during the debate on Friday. Ho had made further enquiries into these allegations, and found they were wholly incorrect. As a matter of duty, therefore, he wished to withdraw them. PUBLIC RESERVES ACT The Colonial Treasurer gave notice that he would move that the Public Revenues Act should bo referred to the Public Accounts Committee to consider whether any alteration was required in the law. QUESTIONS Replying to questions, Ministers said : —That the nominated system had been taken advantage of for bringing out parties from the North of Scotland, and the Government would give very reasonable facility to fishermen from that quarter to come out to New Zealand in their own vessels, with the view of following their own calling in these waters. —That further enquiries would be made as to the necessity for a change in the place of payment of deferred - payment settlers in the Waitaki County, and the Government would be guided accordingly.—That, so far as was known at present, there was no objection to the recommendation from the Education Board of South Canterbury, that an area of Crown land within the town of Waimate be dedicated as a street Une, giving access to the new public school buildings, and the recommendation will be given effect to, unless something turned up at present not expected.—That the Government was not aware that further legislation was required in respect of riparianjrights ; at the same time strict regard would be had to the protection of river bank rights. —That it was not the intention of the Government to introduce a Bill to repeal the Contagious Diseases Act this session.—That there was no necessity for the establishment of Reformatories, as the Act of last session gave all necessary provision in the matter by classification in industrial Schools.—That the Government did not at present intend connecting the pilot station at Kaipara Heads, by telephone, with the telegraph station at Tekopuru.—That the Government, before the close of the session, would ask Parliament to renew the Coast Peace Preservation Act till after next session. That the Government had taken steps to prevent solicitors’ fees in summonses issued in Auckland being inserted as a legal charge. Since then, however, the Magistrate had insisted on charging those fees, on the ground that such was his interpretation of the Act of Parliament. Such, however, was not his (Mr Conolly’s) reading of the clause ; still, as it wai a question of the interpretation of an Act, the Government could not interfere Care was taken, in the Local Courts Bill now in preparation, to clear up this point and put an end to this charge.—That the land fronting the railway reserve in Bast street, Ashburton, had been leased, and consequently the Government could not interfere with it, but they would see that the conditions of the leases were strictly enforced. To remove the buildings would cause great inconvenience.—That the Government saw no good remit likely to arise from the Press being allowed to be represented at all enquiries into the causa of railway accidents and charges made against railway employees. —That if the local bodies were prepared to provide for the repairs of the Tamaki bridge, it would be handed over to.thera, and they would be allowed to free the same from tolls, as had been doae at Hamilton and Wanganui.—That the Government could not recognise the necessity for establishing a post and telegraph office at Pukekohe. —That the Government had not yet determined to

adopt any of the schemas proposed for draining Lake Ellesmere, and in the meantime the land would not be fold. — That a few bales of brown paper had to be imported, as the quality could not be got from the colonial manufacturer, even although they paid a higher rate. They would prefer the colonial article, but in this case it could not be had in New Zealand. The local paper was top brittle.

BILLS. The following Bills wore introduced and read a first time : —Pi Edition of Frauds against Insurance Companies (Mr Ivess) ; to amend the Masterton and Greytown Lands Management Act, 1871, and Acts amending the same (Mr Beetham) ; Abolition of Education Districts and Educa-. tion Boards of the Westland Education. Districts Sub-division (Mr Seddon). THE CONSTITUTION AOT. Before "calling on Sir George Grey to move for leave to introduce a Bill to repeal, in so far as it relates to the colony of New Zealand, an Act of the Imperial Parliament (20 and 21, Vic. Cap. 53), intituled an Act to . amend the Act for granting a representative Constitution to the colony of New Zealand, the Speaker said that the Bill appeared to soma extent to clash with their position as a Colonial Parliament. He must, however, leave it with the House to say whether or not such a Bill should be introduced. It appeared to be a Bill to declare ourselves independent of the control of the Imperial Parliament, and the House would have to consider whether it was consistent with its dignity to assume powers which the Imperial Parliament had expressly prohibited their exercising. As a matter of fact any Act passed by the General Assembly of New Zealand, which was inconsistent w»th or contrary to the law of England, as applicable to thejcolony, would be null and void. Having said as much he would leave the matter to the decision of the House.

Sir George Grey said that he was, he believed, acting as a good citizen and a lojal subject in bringing this important matter forward. The position of aff.ira was this : The Imperial Parliament in passing the Constitution Act had given them full power to legislate for the peace, order, and good government of the colony. In 1856 someone, he did not know who, had got the Imperial Parliament to alter this, and the amending Act was passed in 1857, and it gave the Colonial Legislature power to alter any part of the constitution, with the exception of twenty clauses indicated by their numbers, and of which members of the Imperial Parliament probably knew nothing. That Act was not drawn by either a lawyer or a statesman. Among the twenty restricted clauses was the thirty-second, which declared that the General Assembly should consist of the Governor, the House of Representatives, and the Legislative Council. This they were forbidden to alter, but all the following clauses as to the Constitution of the colony they could alter as they liked. In 1865, however, a further Imperial Act was passed which bestowed on all colonial Legislatures full powers to alter their Constitutions as they found necessary or desirable, and this, he contended, practically and bv fair implication removed the restriction imposed by the previous Act of 1857. If in ignorance any Act passed the Imperial Parliament inapplicable or injurious to them they were given, he held, full power to set it aside. They could pass such an Act as he proposed, and send it Home for the Queen’s assent. Until it received that it would have no force or effect. Before Her Majesty would be advised to assent to it the opinion of those members of the Imperial Parliament forming her Cabinet would be taken upon it. If they approved, but deemed an Im perial Act necessary to enable the Royal Assent to be gi/en, they would no doubt obtain such an Act. If they disapproved they would send back the Bill, with their objections or amendments, for the Colonial Legislature to consider. Thus that Legislature would practically be placed in a position of a coordinate Legislature with the Imperial Parliament, although not directly represented there. They would really be exercising co-ordinate powers in legislation, and the feeling that this was so must tend to draw closer the bonds of union and promote the federation of the empire. He asked the House to boldly exercise its power, and thus test the -question as to what their powers really were. The Colonial Treasurer had hoped after the Speaker’s expression of opinion that the motion would be withdrawn. There were constitutional precedents to follow if they wanted the objectionable clause in the Act of 1865 repealed, but they had no power to adopt such a course as was proposed by the Bill. They had power to alter the Constitution of the Legislative Council, but they had no power under any Act to abolish it altogether. If Parliament desired that power then they would have to pass a resolution to that effect, and represent their wish to; the Imperial Parliament, For them to attempt to repeal the Act of the Imperial Legislature would make them look ridiculous. The Queen could not assent to such a Bill. Only the Imperial Parliament itself could repeal its own act. He hoped Sir George Grey would withdraw the Bill, and if it was deemed requisite to possess these powers, then he would move an address to her Majesty, and the Imperial Parliament could deal with the subject in a constitutional manner. An Act of Parliament by a private member would not have much weight with the Home authorities If the motion for the introduction was insisted upon the Government would divide the House on the point. Mr Montgomery said this Bill could have no force until the Queen gave her assent, and as that could not be done without the advice of the Ministers, then it would be the duty of the Imperial Parliament to pass such a measure as would enable her assent to be given. In that case he could see no objection to the Bill. It would have more force than a mere resolution of the House as proposed by the Government. He would therefore support the motion for the introduction. Mr Shephard supported the motion with a view of testing their rights in <ha matter.

Sir Geokge Guey urged, in reply, that to adopt a resolution would simply aggravate any complications that may exist with the Imperial Parliament. If a mere resolution of the House was given effeci to by the Imperial Parliament, it would offend the Legislative Council, and if it was not given effect, then it would give offence to this branch of rhe Legislature. It was their duty in the first place to agree amongst themselves, and, having done so, to get the Imperial Parliament to give effect to their decision. A resolution would only tend to raise disputes, and involve the question in further complication. He would, therefore, out of regard to the dignity and position of the colony, insist upon his motion. The House divided—

Ayes, 38—Messrs Barron, Bathgate, Bracken, J. 0. Brown, J. Buchanan, Cadman, Daniel, Dargaville, DoLautour, Duncan, Feldwick, Fish, Ge rge, M. W. Green, Grey, Harris, Hutchison, Ivess, Joyce, Kelly, Levestam, Macahdrew, F. W. McKenzie, McDonald, J. McKenzie, Montgomery, Moss, O’Callaghan, Pyke, Seddon, Shephard, Shrimski, Smith, Steward, Swanson, J. W. Thomson, Tolo, W. White.

Noes, 34—Messrs All wright, Atkinson, Beetham, Bryce, W. 0. Buchanan, Oonolly, Dick, Dodson, Fergus, FitzGerald, Fulton, J. Green, Hurst, Hursthouse, Lee, Mason, Mpllraith, McMillan, Mitchelson, Miinro, Peacock, Petrie, Postlethwaite, RoKestou, Shaw, Stevens, Sutter, Sutton, Tawhai, H. Thomson, Trimble, Watt, I. Wilson, Wynn-Wil-liams.

The Bill was read a first time and the second reading ordered for July 18. BANKRUPTCY Bill. The Hon Mr Conolly moved the seoond reading of the Bankruptcy Bill. It was substantially based on the recommendations of the Committee appointed to deal with the subject last session. Its whole tendency was to place the debtor and his estate in the hands of an official assignee. Amongst other alterations from the Act at present in force was a summary power in the hands of the Judge to punish the fraudulent debtor instead of the formality and trouble of an indictment and committal as at present. Under the existing law it often happ ned through some technical objection the fraudulent debtor escaped. Deeds of arrangement were done away with .until the debtor had become a bankrupt. The debate was interrupted by the 6.30 adjournment.

EVENING SITTING. The House resumed at 7-30. Mr Wynn-Williams continued the debate on the second reading of the Bankruptcy Bill. He suggested that it should be remitted to a Committee, to be reported upon. After a lengthy discussion the debate was adjourned on the motion of the Colonial Treasurer, who said he wished to give the House an opportunity for considering the following amendment, moved by Mr Hursthouse :—“ That the Bill lie referred back to the Government, instructing them to provide for the repefd of all bankruptcy laws, and to make the legal recovery of debts impossible beyond five years after such debts had been con tracted.” FISHERIES BILL. The Hon Mr Dick moved the seqotid reading of the Fisheries Bill. !It was a reprint of the Bill of last session. A lengthy debate followed, daring which the House divided on a motion for adjournment—Ayes, 3 ; Now, 37. The Bill was read a second time, and ordered to be committed. I THE NEW ZEALAND UNIVERSITIES AOT.~ The Hon Mr Dick moved the second reading of the New Zealand Universities Act, 1874, Amendment Bill, the object of which was to enable degrees in science to be granted. Mr Shaw and Col. Tibmblb pointed oat a technical objection. , ~ Mr Hutchison and Mr Hubsihousb spoke against the Bill. , The Bill was read a second time. The House adjourned at 12.35.