THE MARRIAGE BILL

Dominion, Volume 14, Issue 36, 6 November 1920, Page 8

THE MARRIAGE BILL

COUNCIL'S CLAUSE ADOPTED WITH ONE ALTERATION 0 A LABOUR AMENDMENT DEFEATED ' "J'lie House of Representatives, at 1 30 yesterday morning, came to <i division on tlift motion to tiible the report of the special committee that had teen set. up to consider the amendments made by tho Legislative Council in the Marriages Bill. Mr. L. JI. Isitt (Christ-church ■Vorth) had,moved as an amendment that the Bill .should be referred back to the committee. The died: of the clause tlmt the Council inserted in the Bill must by this timo be fairly generally known. The clause reads: "Every person commits an offence against this Act, and is liable on summary conviction to imprisonment for one year, or a fine of .£IOO, who (a) alleges, expressly or by implication, that any persons lawfully married are not truly ond sufliciently married; or (b) alleges, expressly or by implication, Ulal: the issue of any lawful marriage is iilegiti--1 mate or born out of true wedlock " The special committee of the House recommended that the. House should not agree •lo the words "imprisonment for one year or,"' and, as staled above, the J louse, yesterday morning, After u lengthy debale, reached a. division. Mr. Isitt's amendment was defeated' by -fl votes to 25. The division list was as follows:— For tlio Amendment (25). Atmoro Parry Bartram Poland Edie Savage Forbes Seddon Eraser Sidey . Holland Smith, U. W Horn Smith, S. G. Howard , Sullivan Isitt Veitch •Teunings Wilford M'G'allitm Williams M'C'ombs Witty Masters Against the Amendment (U). Anderson Luke Bitciiener Lysnar Bollard M'Leod Burnett M'Nicol Coatcs Malcolm Craigie Massey Dickson, J. M'. Mitchell Dickson, J. S. Newman, A. K. Field Newman, li. Guthrie Nosworthy - Hamilton, A. Parr Hamilton, J. R Pomare ' Hanan Potter Harris i Powdrell Hawken Eeed Herrics ithodes, E. H. Hoclcly Ithodes, T. -W. Hudson Statham Hunter Stewart Jones . Sykes Kellett Wriglit , Lee .Xoung Pairs: Against: Isitt. _ lor: Thacker. After The Dominion had gone to press, the Hon, E. P. Lee, as Slinister-in-Chargo of the Bill, moved that the clause proposed by the Council should bo agreed to with the exception of the words that the committee recommended should be struck out. He explained that bv tlio deletion of the words in Question the right of the Court to inflict imprisonment in the first instance would bo, taken away, but that the' Court, in Che event of non-payment of the fine, would have power under the Justices of the Peace Act to imprison tho offender. 'Mr. 11. E. Holland (Buller) moved that the House disagree with tho words "truly and sufficiently" in paragraph (V), and the word "truly" in (b). so that; the paragraphs would read, respectively: "(a) Alleges, expressly or by implication, that any persons lawfully married are not married;" and. "(b) alleges expressly or by implication that the issue of any lawful marriage is illeborn out of wedlock." Mr. Holland's proposal was. defeated by 43 votes to 24. The House then carried, on the voices, the motion moved by the Minister, and appointed tho Minister and' Messrs.' J. Craigie and W. D. Stowart to draw up reasons foPthe disagreement. Tho message sent to the Council yesterday afternoon stated that the House did not think that the Court should be empowered to inflict imprisonment in tho first instance before imposing a. fine. When, tho message was delivered, Sir Francis Bell said that probably the Council would have no great objection to the deletion of tho words to which the House took exception. ,In order, however, that thevo should bo a conference between managers from tho two . Houses, he would move that the Council insist upon tho retention of tlio words. The motion was carried, and Sir Francis IJoll and Messrs. 0. Samuel and J. MncGregor were appointed to draw up reasons. Tho message to the House was drawn up in tho following form: "That Hie Council considers that the offence defined is such, that in some ca6es the infliction of imprisonment would not bo an excessive punishment." The managers appointed by tho Houso and the Council conferred at 5.30 p.m.. and during the evening reported that it had been agreed that tho words objected to bv the House should be omitted from tlio clause. The managers' reports were adopted by oacli Chamber.

AN INTERESTING SPEECH are. W. D. STEWART ON THE CLAUSE. An interesting contribution to the detail; on the clauso was a speech,delivered curly yesterday morning by Mr. W. 11. Stewart (Dunedin AVest), who was chairman of the special committee appointed by the House to consider the clause. „ . , Mr. Stewart said that the Legislative Council -committee that had dealt, with the matter was composed ol" somo of tho nblosb constitutional .lawyprs in 3ew /jealand. Evidenco had been placed betoro that committee that 'a certain mischief existed. The evidence on which they acted was largely documentary, nud did uot depend for its credibility on tho personal -Jrepultation of 'witnesses It appeared to him that the evidence must have been pretty forcible to convince a body of men so eminent as tlioso who were on that committee that legislation was required. Ho went on to show from resolutions passed that thero was some misapprehension in the minds of members as to the attitude of outeido churches and denominations- A very great number of them rccocuised that, tnoro was a mischief to ho remedied, and they asked the Legislature to remedy it. At tho same time they asked that their spiritual and religious privileges should ho protected, though none of - thorn suggested how Hint was to be done. J''or himself he hud never yet found anyone who could define the province of the State mid «t' tho Church in such a way that both would be satisfied. He went on to show that the proposed clause was. as milk and water compared with tho provisions of the Italian code. Under that codo a priest who. abusing tho moral power derived from his office, incited to the setting asido of the Institutions nud laws of tho State, or who disturbed tho peace of families, rondored 'himself liable to a fine, imprisonment, and, temporary or perpetual suspension from oliice or from the endowments of i his oliice. 110 also quoted from Dr. i liobertson's well-known work lo show I that the recent encyclicals of tho Popo j in regard to marriage, in common with the whole canon law of tho Church, were ' only dead lottors, counting for nothing, lin tho freo land of Italy. This clause | originated wjth members of tho other Chamber, and their voico should carry a ' great deal of weight because they were under no-obligation lo lie influenced by motives that might influence members Of tho House. This he said in answer to tho Leader of tho Opposition and other members on that side, and in answer also to (lie Labour members' claim that there had bocn no mandate from the people. It was not to he supposed t'liat members of tho Ministry would willingly enter on a matter that thee must have known was very controversial, without being much impressed with tlie necessity for it. Hb could not j conceive of any Minister's entering on a I ouestion that was even more controver- | sml than tho licensing or tho goraing 1 questions, unless ho had a pincero cqa-

viction that there was an ovil timt should bo remedied Koine of the arguments of members opposite destroyed themselves. Pur ln _ stance, the.v said there was no need for the clause because the mischief luul ceased. Jliit. if that was the ease, the clause was harmless, and no one would be hit by it. But if, on tho other hand, the mischief did exist, no member would deny timt protection ought to be aifordcd. Eventually they might have to solve the difficulty by ceasing to license ministers to perform the marriage cereimmv at nil, excepting in their own church as ft supplementary and independent function. of their own. Other countries had ■found themselves compelled l h> take that course. If tho clause proved hard in practice it could bo amended next session. "WASHIM*" BILL EIGHTY CLAUSES ADOPTED FORTY MORE TO COME Moving tho second reading of tho "Washing-Up" Hill in the House of Representatives Inst night, tho Minister of Lands (Mr. Guthrie) said the Bill admittedly, contained a number of clauses that ought to have been brought before tho House in local or private Bills; and iu future members and their constituents must not expect local needs to bo met in this way. The Bill, which contains about, eighty, clauses, was put through committee almost without debate. The Minister said that about forty more clauses were to be introduced later. He moved to report progress 011 the Bill. Several members objected to this method of legislating on important local matters. The Minister replied that lie was willing to drop any clause tlint was objected to by the House. Progress was reported on the Bill. COST-OF-LIVING BONUS ITS EFFECT UPON INDUSTRY. In the Legislative Council vesterdnj afternoon, Colonel G. .T. Smith asked, the following question of >he AttorneyGeneral: "Will the Government consider the effect of the recent award of increased cost-of-living bonus 011 the industries of the Dominion, and endeavour to find fomo way of assisting such Industries to piy the bonus and so save numbers of /iew from having to closp down ?" Sir- Francis Bell replied that the matler was receiving Clio earnest attention ol' file Government. ite could not say anymore than that. HOME SERVIOTPETITION • COMMITTEE ADHERER TO ORIGINAL DECISION. The Home Service League's net'tion, askjns the Government to i-rnnt Hom« Service men eei'tain nf the privileges and benefits enjoyed by New Zealand Expeditionary Force overseas men; vp.s recently r'forred. back to the Defence. Committee of the House for further consideration. The committee made its .second report on the matter yesterday. It adhpred t(, i'l> original veeommenc'.ntion. which was that until clnimp of the overseas men had been dealt with, those cf the Home Service men should not he ■ ent«rtained. As beforft. it Tocommenited that, 'the Home Service men should be given some niedsi or badge in recognition of their services. WORKERS' COMPENSATION BILL, NO. 2 SECOND READING CARRIED AND BILL DROPPED. The Hon. J. MacGregor yesterday moved in the Legislative Council the second reading of his Worker.?' Compensation Amendment Bill (No. 2). Tho Bill provides that tills amount of compensation recoverable in any proceedings taken in respect of tho death of a worker when death is duo to tho negligence of a fel-low-servant' of tho deceased shall bo limited! to .£750. Mr. MacGregor claimed that the measure would givo effect to what had been the intention of tho Legislatuie in 1911. . The Council divided at once, and carvied tho second reading by 20 votes to 4. Tho division list was as follows Ayes: Bell. Buchanan, Clark, Collins, Earnsliaw, Fisher, Fleming, Eraser, Garland, Geddis, Hawke, Mac Gibbon, MacGregor, Michel. Fatuki, Samuel, Scott, Simpson, Stewart. Tnki.no. Noes: Burr, llallJoiiGs, Ncrhcny, Smith. By moving that the committal be set down for Friday next, Mr. MacGregor indicated that he did not propose to.go on with the measure, but was content with the expression of opinion that tho Council had . given. The Bill would have no chance of passing during what remained of tho present session. COAL MINES BILL DISAGREEMENT ABOUT AN AMENDMENT. The House of Representatives decided yesterday, on the motion of tho Primo .Minister,, to disagree with an amendment nnulo by tho Legislative Council in the Coal Mine? Amendment Bill. A now clause added by tho Council, in substitution for clause .9. allowed a quartz miner to cntor a coal mino and mado 110 provision for tho quartz miner to gain experience before takiifg cliaVgo of a face. ' Mr. Massey stated that it had been intended by tho nouse tlmt a quartz miner should work with an experienced miner for six months beforo taking charge of a face. JTho Legislative Council' decided to infiTbit on its amendment, and tin? dispute becin referred to managers. receptionlFTmmigrants Asked by Mr. G. Mitchell (Wellington South), whether lie would have prepared for circulation in the Old Country a statement of what was being done for immigrants when they arrived in New Zealand, tho Minister of Immigration said yesterday that ho was taking steps fe«.havo a proper report made regarding £iio conditions in this country. That report would bo circulated at Home. Ho assured the House that tho arrangements for the reception cf immigrants l«Jpught_to this country were thoroughly satisfactory. pahiatuFendowment statement by minister of LANDS. 3 Whilo the "Washing-Up" Bill was under consideration, Mr. Frasor naked tho Hon. D. 11. Guthrie (Minister in charge of tho Bill) 'whether, in viow of tho threatened opposition of the _ Wellington members to a clause authorising the sale of the Pahiatua endowment of the Wellington City Council, tho Minister intended to bring tho clause down for inclusion in the Bill. Tho clause as first proposed would bo in the Bill, replied tho Minister. He understood that an arrangement had been inado among the members of the Wellington City Council • to the effect that they would accept the first clause and cut out tho second. The first clause dealt: with an extension of tho lease for ■ 0110 yeur, and the second with tho salo of the endowments. If there was any serious opposition to the first clause it would go out also. Mr. Eraser said that the City Council really did not enter into the question Ijccause it had agvood by a small majority to part with the Pahiatua endowment. As far as he knew, there had Iwyjii no agreement of any sort: on the matter, but if the clause was a reasonable one. simply suspending operations for a year, probably an agreement might be come to.