The Ashburton Guardian. Magna est Veritas et Prævalebit. SATURDAY, NOVEMBER 19, 1887. THE CASE OF PRIVILGE.

Ashburton Guardian, Volume VII, Issue 1715, 19 November 1887, Page 2

The Ashburton Guardian. Magna est Veritas et Prævalebit. SATURDAY, NOVEMBER 19, 1887. THE CASE OF PRIVILGE.

cedents id such cases, be invented a procedure of his own, which has no sanction m either the Standing Orders or m precedent. He had adopted the novel course of "naming" the offender, applying to the offence of using unparliamentary words a punishment which can only really be applied to disorderly conduct. The words for which Sir Julius Yogel was named were so very clear and precise as to leave no possible doubt that he was named, not because of anything he had done, but m consequence of what he had said. The Speaker had altogether erred m the procedure which he had adopted, and consequently the motion first tabled by the Premier was found inapplicable to the case. The Speaker also, we think, committed a serious error of judgment m clearing the galleries when he did. So much for the first night's performance. Yesterday the Premier realised the difficulty of the position, caused by mistakes tha had been made, -and after much cogitation tried to extricate himself, the Speaker, and the House from the mess they were m by framing an entirely new charge against Sir Julius Yogel, abandoning the objectionable words and m vague, general terms accusing him of improper conduct. We venture to think that the Speaker, m accepting such an alteration, lost a fine opportunity of retrieving his former errors and ending a painful scene. He might well have admitted that iv " naming " Sir Julius Yogel lor using unparliamentary words he had inadvertently exceeded his power, have agreed to be a party to altering the charge by way of afterthought, and have asked the House to take no more notice of the wretched affair. That would have been the best course to have adopted, and it would have greatly redounded to the honor of Sir Maurice O'Rorke. Another opportunity for getting well out of the mess was afforded by the statements made by Mr W. P, Reeves and others, and confirmed m a most chivalrous manner by Sir George Grey, as to the apology which Sir Julius Yogel had offered before the previous night. Had the Speaker expressed himself I satisfied with this, and stated he had not rightly understood the words when they were used, the matter would have dropped. Major Atkinson would probably have suggested such a course had it not been that his combative instincts had by this time been aroused, and the matter had really assumed the aspect of a party fight— an aspect which endured to the end. It was extremely unfair, as several members pointed out, to judge Sir J. Yogel m his absence, on a totally different charge to that on which he had m the first instance been arraigned, of which he knew nothing, and regarding which he had not been afforded any opportunity of defence, explanation or apology. It was a species of Jedburgh justice, which, we think, the Speaker should have been one of the first to express his disapproval of, and disallowed. The Premier by no means showed to such advantage m the latter part of the performance as he did m the first act. There was a distinct tinge of party feeling m his tone and action, which suggested an eager desire to score a triumph over a political opponent. The contention of Messrs Barron, Fulton, and Bruce, none of whom love Sir J. Yogel, that the Speaker can do no wrong, and what he does must be upheld, whether right or not, was simply a dangerous absurdity."

All the surrounding circumstances | conspire to render the late " scene " m the House of Representatives the most regrettable of ali that have occurred since the colony was endowed with responsible government. In this we have an ex-Minister of the Crown, than whom none of the Statesmen New Zealand has produced has worked harder for, or done more to advance, the colony, insulted and his physical infirmity made the ground of a gross personal attack, under the guise of a question which a new member was strangely permitted to ask. In the course of a personal explanation, after the question had been replied to, Sir Julius Yogel make a remark for which he was sharply pulled up by the Speaker. Sir Julius substituted another expression for the one to which exception had been taken, but the Speaker again called the member for Christchurch North to order, who, smarting under a sense of wrong and injustice, was betrayed into using, what m the House, is deemed unparliamentary language, and then ensued a scene which, for the credit of the colony, we trust, will neveroccur again — with the details of which our readers are already familiar. Of course, the newspapers of the colony have been busy over the subject, but none of them, m our opinion, deal so ably with it as the " Evening Post " of Thursday, from whose article the following extracts — which we cordially endorse — were wired by its Wellington correspondent to the " Lytttclton Times " : — " To the Speaker's error of judgment m his interruption of Sir J. Yogel much of what unfortunately followed roust undoubedtly be attributed. Sir J, Yogel, under a sense of injustice and strong excitement, undoubtedly went ou to use language which required the Speaker's prompt interference, demand for retraction and censure ; but here, again, ioe Speaker west wrong. Ir> Head of folfowiPJf/Sh'b established prcf