PARLIAMENT.

Dominion, Volume 5, Issue 1263, 19 October 1911, Page 6

PARLIAMENT.

THE COUNCIL. . GUARDIAN TRUSTS BILL. JUDICIARY BILL SHELVED. The Legislative Council mot at 2.30 yosteitlay afternoon. Tho Elingaraito Rohearing Bill, Dunodin Technical School Sito Bill, Old Age Pensions Amendment Bill, Widows Pensions Bill, Now Zealand Stato Guaranteed Advances Amendment Bill, Auckland Grammar School Sito Bill, Education Roeorves Amendment \ Bill, and Tramways Amendment Bill were rewired from the House of Representatives, and read a first time. GUARDIAN TRUST AMD EXECUTORS CO. BILL. Tho third reading of tho Guardian Trust and Executors Co. Amendment Bill was moved by tho Hon. J. B. Callan. The Hon. 0. SAMUEL entered a strong protest against the Bill being passed. He urged that it was apparently «an attempt to revivo a defunct company. Mr. Samuel proceeded to quote lengthy extracts from the evidence talcon beforo tho Committco which heard ovidenco on tho Bill. Ho appealed to the Counoil not to allow the Bill to go through. If tho company had merits, lot it bo formed as a new company, and come through under o new Act. The ATTORNEY-GENERAL said he found it difficult to place exactly Jlr. Soninol's objection to this measure. The hon. gentleman wanted to stojid with one foot on principle and one foot on the Bill, and ho would probably find himself on tho floor if he caiue into contaot with any logic whilst ho was in this position. Tho Bill was really a roundabout, way of restarting an old company. There was moro safeguard in the Bill before the Council than in tho Bill which created tho two similar _ companies in Dnnedin which had worked for thirty years without any oppression. Tho Hon. J. M''GOWAN (Auckland) said the company might ltavo reputable men connected with it, but what w«g tho company formed for? It was for tho .purpose of malting money. Tho Public Trusteo was limited in his charges, but whero was the limit on these pooplo? From tho evidence taken before tlio Committee, ho thought tho Counoil would'not bo 'doing right in allowing tho Bill to. pa.«s. It should never have been in existence. Someone ought to bo hauled over the coals for allowing this company to remain in a quiescent state. ; It should liavo been struck oit tho' register. The company had existed for. twenty, or thirty years without doing any business, and now a few respectable men came in to give it,a standing, and place a halo of respectability about it. To his mind the Bill was imprudent. Ho would abolish any private company over which there was no control of tho charges made. In the face of the knowledge lie had; none of theso private trusts should bo allowed to carry on tha business as thoy had done.

The Hon. J. BIGG/(Wellington) thought the Council should have some information as to the transactions which took place between tho time of- the old company and the taking up of tho new company. Transactions of tho kind had not "been seen much of in New Zealand, but they were well known in America. If special rights wor.o given to privato individuals or companies to mak>! nrofit out of the public they were on the downward track, and giving encouragement to "boodling." Ho hoped that tho Bill would not pass. Tho Hons. W. C. Cameron, A. Baldey, It. A. Loughna-n, C. Louisson, J.' Barr, nnd G. Jones opposed tho motion, and the Hon. C. M. Luke supported it. The, Hon. J. B. CALLAN, who was in charge of the Bill, said tho transaction was a perfectly business-like transaction, nnd he could see no reason for tho opposition. On a division tho motion was carried by 15 votes to 11. Tho voting was:— ■ For—Sir John Findlay, Sir Maurice O'Rorke. Hon. Captain Baillio, Hon. Dr. Collins, Hon. Major Harris, Hons. J. B. (lalian, C. M. Luke, W. Beehan, G. J. Smith, J. D. Ormond, W. W. M'Cardle, T. ICelly, J. Anstey, T. Thompson, and H. F. Wigram. j Against—Hons. S. T. George. J. Bigg,. J. T. Paul. J. Barr, J. E. Jenkinson, G. Jones, Captain Tucker, W. C. Carncross, A. Baldey, B. A. Loughnan, C. Louisson, 'J. M'Govan, 'J. E. Sinclair, and 0. Samuel. JUDICIARY BILL WITHDRAWN. Tho ATTORNEY-GENERAL, in moving that tho Judiciary Bill bo discharged from the Order Paper, remarked that ho had found it impossible to proceed further with the Bill this session. The Bill had been before the Council two. years ago, but in a sliapo that did not commend itself to tho majority of the Judges and to certain branches of the Law Society. Recently. considerable pressure had been brought to bear on him by the legal profession to appoint another Supreme Court Judge. That application had I>een made in Auckland, Wellington, and clseu'here. At present thero were seven Judges of tho Court, and tho present practice was for them to gather in Wellington every four months to sit on the Court of Appeal, and it had occurred to him that such a practice was wholly unreasonable and unnecessary' and absurdly expensive. In certain cases, it was true, "the whole of tho Bench might bo required in Wellington, but what lie proposed was to have a Court of Appwil reasonably limited in point of number;;, consisting of the most competent Judges for the work, and that it should bo peripatetic, and, instead of tho Court sitting iji Wellington alone, he would suggest that three Judges should sit in Auckland, Wellington, Christchnrch, and Eunedin in rotation, and hear appeals. This would be less expensive than the prosent system. If 'had the approval of the Auckland Law Society, and he beilievctl it would have tho approval of tho other District Law Societies. Beforo the House met next fusion, he hoped to obtain the approval; or reasons for disapproval, of the members of the Supremo Court Bench, and if tho latter were not sufficient, whoever represented tho Government next vear would, he believed, do his best to fiave the matter mnde law. Such ci proposal would, ho thought, obviate the appoint nient of another Judge. : Tho Bill was discharged from the Order Paper.

SECOND READINGS. Tho:' Christchurch, District Drainago Amendment Bill, The Death Duties Amendment Bill, Land Tax and Incomo Tax Bill, Rating, Amendment Bill, Shipping and Seamen 'Amendment Bill, Methodist' Chnrcli of New Zealand Bill,' University. of Otago Council Bii). Public Works Amendment Bill, and the Auckland Tin i varsity College Amendment .Bill were.all read a second time.Speaking on the Public Works Amendment Bill, The.'Hon. ,T. E. JENKIKSON pointed out;that, in his opinion, the proviso following, the first section of Clause 2, which provides that eiectric lines shall only bo laid under wvlaiii conditions, should follo.fi', the' .bnsiiin" sub-clauses. Otherwise, lie urged, altogether too much power was given) tho - Minister to make regulations In-Order-in-Council, providing for the removal, of Mines, etc. Ho thought this power should not be given. The ATTORNEY-GENERAL said ho did.'.not think there was any need for the clause in question, but he would make infjiiiry into the point raised before'the Bill-was-'Committed. The .Cliristchurch District , Drainage Bill, The Death Duties Amendment Bill, The"Land Tax and Income Tax Bill, Tho Rating Amendment' Bill, the Shipping and.■ Sea/nor- Articii/dniont Bill,- Methodist Church ?f. Nov Zealand Bill, University of Otago dwanc:! ■ Bill .ivere,'witli the oxcaption" of the WofhodLst CHinrcli Bill, which was wi down for third reading today, put. ihroogh Committee, with minor amrjidmento (in_..soino -eases), and subsequently passed. : The Council .-■cso at 11.15 p.;».