PROVINCIAL COUNCIL.

Evening Star, Issue 2887, 21 May 1872, Page 2

PROVINCIAL COUNCIL.

Yesterday. WARDENS AND GOLD RECEIVERS, Mr Shepherd moved—“ That the report, on the petition of the Mayor and Councillors of Alexandra, praying that the Warden and Gold Receiver attend more frequently at Alexandra, from the 1 oldfielda Committee, brought up on the 17th instant, be referred to the Executive for the purpose of same being given effect to.” Mr Reynolds moved—“ That all the words after the word ‘ Executive ’ be struck out ” —which was affirmed on a division by 15 against 13; and the motion being put as amended, it was negatived. CLUTHA RIVER BRIDGE. On the motion of Mr Bastings, the petition in reference to the construction of a bridge across the Clutha River, on the main central road, was ordered to be referred to the Goldfields Committee for examination and report. AKATORE DISTRICT. On motion of Mr Mollison, it was ordered “That an Address be presented to his Honor the Superintendent, requesting that ke will be pleased to place on the Supplementary Estimates the sum of three hundred pounds (L 300) for the pm pose of roads and bridges, Akatore district; payment for such works to be made in land, under clause 51 of the Otago Waste Lands Act.” EDUCATION ORDINANCE, 1864. Mr Mervyn’s motion for leave to bring in a Bill to amend the Education Ordinance, 1864, was carried on a division of fifteen against nine. The Bill having been brought lip for first reading, the Speaker objected to its being read, on the ground of an informality. It contained a provision to repeal the 40th clause of the Ordinance, a proposition which had already been negatived when brought forward by Mr Browne during the early part of the sitting. The first reading was therefore deferred. An alteration was subsequently made, and the Bill was read. JUDGE WARD’S APPOINTMENT. Mr Macassey, in moving “That this Council views with regret the recent appointment of C.D.R. Ward, Esq., as a District Judge of the Province, more especially as the Provincial authorities were not communicated with upon the subject previous to such appointment being made. That a copy of the foregoing resolution be transmitted to his Honor the Superintendent, with a request that he will, in the name and on behalf of this Council, forward it to the Hon. the Colonial Secretary,” said he did not desire to approach the question from a personal point of view, biij; simply on the ground of expediency. He' hoped, before concluding, to convince hon. members that the appointment was not only unnecessary, because Mr Ju dice Chapman and Judge Gray were fully competent to overtake the judicial business of the Province, but mischievous, because it would dislocate the system under which the administration of justice had been conducted in the Province for some time past. He intended to produce some statistics to show 'that the appointment was unnecessary. He knew a great mqny members were disinclined to countenance any resolution referring to a matter of which the Council could not properly take cognisance j but he could not agree with that. Members should express their opinions in regard to the appointment in order to strengthen the hj ands of members of the Assembly when challenging it in that place. The Supreme Court held four quarterly sittings in Dunedin, and half-yearly sittings at Invercargill, while it had been proposed to extend the sittings to Lawrence; but the appointment of Ward would have the effect of defeating that idea, and would render necessary the relegation of Invercargill cases to Dunedin for trial, as was the case up to 1863. The statistics he produced were not so exhaustive as he could have desired. He found that in 1868, in Otago proper, 28 civil causes were tried; in 1869, 14 ; in 1870, 14 ; and in 1871, 15. In 1870 there were 49 prisoners for trial, and 34 convictions; in 1871, 22 committals, and 10 convictions. Those figures showed, at all events, that the business in the Supreme Court was diminishing. What was the effect of the change effected by the appointment to which he desired to invite attention. Judge Gray presided at Tokomairiro, Mr Ward now sat there in his place ; Mr Gray presided at Oamarn ; Mr Ward now took his place. Mr Ward would algo proceed to Invercargill, and the natural

result weald be Ho withdraw from Southland sitting* oftbe Supreme Court held there. He could not help thinking that if a desire had been expressed that Mr Gray’s powers should be enlarged, such an enlargement would hare given entire satisfaction He ventured to think no one man in this Province enjoyed to such a large degree the confidence of the people as Mr Gray, and he said so from a lengthened personal and professional knowledge of that gentlemen ; and as he said before if there bad been a desire to have courts of higher jurisdic ion, either at Tokomairiro, Oatcaru, or Invercargill, the prop;rr emedy would have been to have extended Mr Gray’s powers. That the appointment should have been made without consultiug the Provincial authorities resulted either from accident or design. It was quite true that it was a matter upon which the Provincial Government could exercise no control; and he believed he was stating a fact in saying that it had always been usual in mahiug appointments of high standing to consult the Provincial authorities. At all events the Provincial authorities were charged with the dnty of seeing that the various departments were conducted as efficiently as possible, and he believed it was fair to protest against au appointment which in his opinion would tend very seriously to derange the judicial system existing in the Province, which had worked so satisfactorily. Mr Bastings aud Mr Armstrong rose at the same time to second the motion. Mr Bathgate said the resolutions were of serious import; they reflected not only upon au individual, but upon the General Governmeut. There might, for all he knew, be good grounds for them; but he was not prepared upon the statement of a single member to join in a vote of censures on an individual who was not there to answer for himself or upon the General Government, until he knew the reasons which bad induced them to make the appointment. The hon. mover, from a remark he had made, allowed it te be inferred that the services of Mr Ward would be inefficient, He (Mr Bathgate) could nqt concur in that, as he believed Hr' Ward was as competent as person. If pressed he should say no to the motionj and at that stage felt called upon to oppose it. Mr M'Glaahan opposed the motion, because sufficient reasons had not been given for it. He, however, agreed that, in making such appointments, the Provincial authorities should he consulted, seeing that they had to pay the expense. iMr Reid could see no objection to the motion, as it was courteously worded. It was quite true that the Provincial authorities had not been communicated with in regard to the appointment. Various feelers bad been thrown out; but the Government had always objected to an additional appointment being made for the Province. Pevhapi it was convenient not to consult the Provincial authorities, because the result would have been to throw a damper on the matter As to the necessity for the appointment, the member for Waikari had clearly and temperately shown that the business of the Courts, instead of increasing, was diminishing; and they had the further assurance of Mr Justice Chapman that he was prepared to extend his circuit to Lawrence aud to Clyde if necessary. That being so, he failed to see the necessity for the appointment. To his mind the matter resolved itself into this—Mr Ward had to be provided for. The expenditure of the country was daily growing beyond its income ; and members should not hesitate to express their opinions. It could not be done more temperately than by the motion. Mr Bastings reminded the Council that Judge Chapnran had consented to hold a circuit at Lawrence, and that Judge Gray had written to the General Government that unless more work was found for him he should feel bound to throw up his situation. He thought the General Government ought to have taken Mr Gray’s claims into consideration before making the appointment of Mr Ward, which savored of throwing Judge Gray overboard altogether. The Hon. Mr M'Lean asked how it was possible toregard the motion bnt as a personal matter as regarded Judge Ward, and warned the Council against viewing it in such a light. Mr Ward had foregone a lucrative appointment in the North Island to fill the vacancy created by Mr Justice Chapman’s going home on leave ; and so far as he (Mr M'Lean) knew, there had never been a word of complaint that he was upfit to hold the position of Judge. By passing the motion, the Council would be placing itself on a thoroughly- false position. They would be protesting against an appointment over which they had not the slightest control, and were censuring the General Government for supplying Courts throughout the Province. He knew that iq Ou&ara such an office was wanted—not Judge Ward exactly —for he lost sight of him—but an officer with extended jurisdiction. Is was the old story over again, “Let us centre the whole of the legal"business of the Province in Dunedin.” There was no use disguising the fact. He would divide the House upon the motion rather than let it pass as a purely personal censure upon a gentleman who had occupied the position of a Judge of the Supreme Court at Dunedin, and against whom no word could be said as such Judge. He begged the Council not to consider the matter as one of professional jealousy, but to look at it impartially. Mr Mervyn would vote for the motion, because it condemned the conduct of the General Government in making an appointment without consulting the community, and as a protest against its appointments generally, which were unnecessary, and which provided for certain persons who were prepared to give them their support. „ Mr Hutcheson and the Hon. Dr. Menzies spoke in favor of the motion. Mr Macassey, to meet an objection raised by Dr Menzies, substituted the word “ unnecessary” for “recent,” and the resolutions, as amended, were carried on the voices. FENCING ORDINANCE. Mr Bathgate introduced the Fencing Ordinance, 1872, which was read a first time. THE ESTIMATES. At the evening sitting the House went in to committee of supply, when considerable progress was made with the estimate?. A discussion took place on the item “ Superintendent and Executive Provincial Solicitor, ’ Mr Maccassey asking for information as to the arrangements made for. the supplying the places of those members of the Executive who went to Wellington for the session of the Assembly, and obtaining from Mr Reid the reply that their offices were filled without expense to the Province. On Hie item “ Clerical assistance, Provincial Solicitor,” Mr Reynolds opened a somewhat acrimonious discussion by stating be thought a clerk in the Government Building

should do the work ; and he was followed by Mr Macassey, who wanted to know whether, when the Provincial Solicitor appeared in Court with other c auisel, or when his partner appeared with other c >unsel, his ownfeesorthefees of his partner were charged inaddition to his salary as Provincial Solicitor. Mr Bathgate was explicit in his answer. He charged no fees except when specially allowed ; he held that in any case where the Superintendent of the Province was connected, he was bound to attend the Court, and the duties of his office without fee, but he had been asked by the Executive to undertake duty not falling within the line of his duty as Provincial Solicitor. During twelve months there were only three such instances. Mr Reid also said tnat the solicitor’s bills were always submitted to the Executive and approved of before payment. The item then passed. On the item Dunedin gaol, Mr Reid explained that the Auckland Government paid the full amount for the support of the eight prisoner! brought down by the Rangatira; while this Province received any advantage that might be gained from their other items were discussed with the following results Oamaru Harbour Master’s salary increased from LSO to LIOO. Dr Webster’s proposition that the Kakanui Assistant Harbor master’s salary should he increased LSO ; and Mr Henderson, that that of the Assistant Har hour Master at the Bluff should be reduced L 75 were lost. Dr Menzies’s motion to reduce the Crown lands rangers’ salaries by L3OO was negatived by 13 to 21. The police estimates were postponed till Wednesday, Mr Daniel living notice of his intention to move the following increases sioner, L 430 to LSOO ; clerk, to L 231 ssi; sub-inspectors, to D 693 Iss ; and sergeants and constables by Is a day. This Day. The Speaker took the chair at 2 p.ra. PETITIONS. A petition was presented from 41 miners n the Waikouaiti district praying for permission to purchase 2000 acres of land, or that the land he bought under the agricultural lease system. The petition was referred to the Goldfields Committee. Mr Reynolds presented a petition from Mrs Muir, relative to certain matters connected with land at Bell Hill. MOTIONS. A great number of motions were given notice of, principally in reference to sums being placed on the estimates. PETITIONS. The rep»rt of the Private Petitions Committee reported that Thomas White had no claim on the Government ; that L2OO should be paid to the family of the late James Reid for damage aud ill-health induced through the error in proclamation of the sale of Fulton’s Run, and that in the case of John Campbell the Council should introduce a Bill to carry out the resolution of last session in his case. NEW BILL. The Municipal Corporations Ordinance Amendment Ordinance was read a first time. ANSWERS TO QUESTIONS. The Government, in reply to Mr Bastings, said : The Government expected to be in a position to threw open land for sale in the district of Tuapeka as soon as the d spute with the runholder was settled. It might be postponed by appeal to Wellington ; but if the new Bill became law, the difficulty would be obviated. To Mr F. P. C. Browne : The sum of L2OOO was placed on the Estimates for forming the road between Tokomai,riro and M ‘Glashan The Government did not contemplate putting a sum on the Estimates for forming the road between Port Chalmers and Hayward’s Point. To Mr M‘Glashan : Two or three months ago instructions were given to the factor to form the portion of the Great North Road, near the head of North tasfc Valley. To Mr Mervyn for Mr Macassey: The Government, in the event of the 40th section of the Education Ordinance not being repealed, instructions would be given to the Inspector and teachers of schools that the Bible should be read in schools withoutjnote or comment. MOTIONS. On the motion of the Provincial Secretary, the thanks of the Council were voted to the subscribers of the portrait of the late Captain Cargill, presented by them to the Council. • education. Mr M‘Dermid, in a few appropriate remarks, moved “Thatthis Council, while recognising it to be a duty of the Colonial Government to make provision for education in those Provinces in which it has been neglected, is of opinion that it is not advisable to interfere with those Provinces which have established a system of education satisfactory to the majority of the inhabitants.” The motion was seconded by Mr Reynolds, opposed by Mr Macassey, and carried on a division of 18 to 11. [Left sitting.]