PARLIAMENT

Dominion, Volume 10, Issue 3177, 30 August 1917, Page 6

PARLIAMENT

TEE JURY SYSTEM I AMENDMENTS IN LEGISLATIVE , COUNCIL IMPREST SUPPLY BILL The Legislative Council met at 2.30 p.m. yesterday. JURIES ACT AMENDMENT. Tho Hon. T. MACGBEGOR moved that the Juries Act should be committed. Ho read a communication from Mr. Justice- Dennislon, approving of the proposal that tho verdict of n substantia] majority of a jury should bo accepted in the event of disagreement. Tho Hon. 0. SAMUEL said the «sen. tial fact was that an accused person was entitled to the benefit of any l-easonablo doubt that might exist, in the mind of the jury. Yet it was proposed noiv that a conviction should be recorded on the verdict of nine jurymen, in spite of tho fact that three jurymen did not desi'-e to convict. Tho country was not ready for a change ot\ that kind. Experiencehad shown that a jury could make a mistake even when it was unanimous. The position would bo perilous indeed "if a divided jury could convict. It was idle for tho Council to go into Committee, on the Bill, since Mr. MacGregor had undertaken not to push tho measure beyond the committee stage. 31 r. Samuel moved that the debate should bo adjourned. SIR FRANCIS BELL paid ho had stated in the Council that he would vote for the second reading, but the Governluent would not support the Bill in tho Lower House, since it wojikl r aise controversy there and block business. Ho bad suggested that the Bill slioultl go into Committee in order that tho proposals actually approved by the Council might go on record. Mr. MacGregor had placed an amendment on tho Order Popes- for the purpose of assisting members to put tho impress of their views on tho Bill. Mr. Snmuel withdrew his motion for adjournment. Amendment Accepted. The Bill was committed, and tbo Hon. T. MacGrogor moved the following; now olauses, in substitution for the original proposals: (1) If nine of the jurors empanelled to try a criminal case other than a capital case shall, after the jury has retired to consider its verdict for a period of at least three hours, intimate to the Judge that tho jury has considered its verdict and that there is no probability of _ such jury being unanimous, the verdict of nine of the jurors shall be accepted as a verdict of tho whole jury. (i) In capital cases the verdict of eleven, of the jurors shall bo accepted as the verdict of tho wholo jury, and shall have tho eanio consequences in similar circumstances. (3) In case of the death, illness, or default of attendance of any member of the jury daring the trial of any case, civil or criminal, tho Judge shall have power to direct that the trial shall proceed with eleven jurors. Sir Francis Bell moved that "ten" should be substituted for "nine" in paragraph (1). This amendment was adopted without debate. Sir Francis Bell moved also that the acceptance of a majority verdict should ba at the discretion of the Judge. He said that there might be cases where the Judge would foel a reasonable doubt, and would consider that a majority verdict should not be accepted. This amendment was approved. Sir Francis Bell asked 'he Council to strike out paragraph (2). The Government did not approve of any verdict short of a unanimous verdict being accepted in capital cases: He had consulted other members of the Ministry on this point. After debate the paragraph was deleted by nine votee to five. The Bill was reported from Committee with amendments, and set down for third reading on a day to be named by the Council. Sir Francis Bell said the Bill as amended had his support, also of his colleagues in the Government. The Council adjourned at 4.15 p.m. THE HOUSE 6 The House of Representatives met at 2.30 p.m. The Whangarei Harbour Board Vesting Bill (Mr. Mnnder), the Whakatano Harbour Amendment Bill (tho Hon. W. D. S. Mac Donald), and the Hutt Road Bill (Mr. Wright) were introduced and read a first time. LATE MR. A. KIDD. The Prime Minietcr moved that the House should place on record its high appreciation of the faithful services rendered to New Zealand by tho late Mr. Alfred Kidd, a former member of the House, and should tender to the widow and family an assurance of sincere sym. pathy in their bereavement. Mr. Kidd had "been ono of the most popular and useful members of the House, and hie death was keenly regretted by his friends in political circles. Sir Joseph Ward (Minister of Finance) seconded the motion. The motion was supported by Mr. W. T. Jennings (Tauraarunui), the Hon. A. M. Myers, and Mr. A. Harris (Waitcniata), and carried. LATE MR. JAMES GORE. The Prime Minister moved a similar motion relating to tho late Mr. James Gore, who represented Dunedin South in the Houso of' Representatives from 1884 to 1867. The motion was seconded by Sir Joseph Ward, and carried. Tho Houso adjourned at 5.8 p.m. as a mark of respect to the late members, until 7.30 p.m. IMPREST SUPPLY BILL BLACK-LISTED MINERS. , An Imprest Supply Bill was introduced at 7.30 p.m. Mr. H. POLAND (Ohinemuri) asked tho Government to take action in the interests of men who had been black-list-ed at Waihi after the 1013 strike. Hβ said that some of these men had their homes and their families in Waihi, but they had been unable to get work there since 1913 owing to the concerted action of the employers. It was time the old quarrel was forgotten. Election Wanted. Mr! W. A. VEITCH (Wangamii) said that there was real need of a general election. It would bo a disadvantage t« be a 6itting member when f he election came, such was the contempt felt by tho electors for the weakness and supine, ness of tho present Parliament. It appeared that members could ::ot stand.up for themselves. The House had passed by a huge majority a Bill which had been condemned almost unanimously by members. The government of tho country had been practically handed over to private citizens. Tho Ministers would not trust members of Parliament. They wcro disregarding the principles of government by the people nnd were banding over authority to boards and commis. sioners. Members of the Houso had only themselves to blame for that position. They allowed tho National Government to follow a deliberate policy of sidetracking the representatives of tho people, Private members' Bills had been set aside in a most unfair fashion during the lflHi session, and it seemed to him that Hie principles of responsible government were being forgotten altogether. The Government had arrogated to itself power that it was not entitled to tnko. Ministers regavdeJ it as a piece of gross importiuoncc for a private member to assert any of his rights. Personally, ho would rather bo out of the House than be forced into a position of helpless humiliation. Mr. Veiiph mentioned some Bills ho had placed on the Order Paper during the present session, nnd insisted that Ministers had no right to prevent his proposals receiving tho consideratio.n of Parliament. H? had no animosity towards the Ministers, but ho

felt that the people of the Dominion were intensely dissatisfied with tho Government. The- domestic affairs of New Zealand had been very seriously neglected since the National Government entered office. Tho Ministers had failed miserably to prevent the public being exploited by people who seemed to havo no patriotism ajid no sense of decency. Profiteering had been allowed to proceed almost unchecked, and no effort worth sneaking; of had been made to deal with toe problems arising from war conditions. Carriage of Fruit, Mr. B. P. HUDSON urged the Government to make provision for the through oarriage of fruit and other porishabio produce between tho South Island and tho North Island. An Irish fruit-grower could consign his produce to any part of the United Kingdom, although the railways were privately owned. But Alotueka fruit-growers were told that they must make their own arrangements for the conveyance of consignments from the steamers to the railways at Wellington. Surely tho Government Railways could do better than this. War Work For Members. SIR JAMES ALLEN (Minister of Defence) said Ihero had beon good reasons for not niacins members oi Parliament on boards and commissions concerned with war work, since members had to attend to their Parliamentary duties and could not give their whole time to other work. He appreciated tho assistance that members had given the Government in many directions. Mr. Veitch anil other members had written to him more than once offering their services, and lie had been glad to avail himself of their assistance at the timo when tho Military Service Act was coming into operation. The Government required the co-opera-tion of all the niembers of Parliament in guiding public opinion. There was more important work for members to do than could be done on commissions.

. The second reading of tho Bill was agreed to nt 10.50 p.m. The Bill was put through all its stages and the House rose at 11.12 p.m.