PROVINCIAL COUNCIL.

Evening Star, Issue 3196, 19 May 1873, Page 2

PROVINCIAL COUNCIL.

Monday, Mat 19.

PRIVATE PETITIONS.

Mr G. F. C. Browne presented interim report No. 5 of the Private Petitions Committee, on the petition of George Bailey, who prayed for the favorable consideration of the House fovlosa alleged to have been sustained by him as the holder of a mortgage over a Government mining claim on Acton’s flat, in consequence of the sale of fifty acres to one Allan M‘Donald, the said claim being included in that area. The Committee reported that after investigation of the matters appertaining to the claim of the petitioner, they deemed it advisable that the report >f the Commission appointed by the Superintendent, in consequence of a recommendation by che Goldfields Committee of the House of Re-n-esentatives, to inquire into the sale of the said ifty acres, be printed. PETITIONS. From land owners and residents in the Kacanui district, requesting the employment of a police coQßtabk~(Ry Dr Mewies.) tfa?

Inhabitants of fiyde, Westing that 5,000 acres might be thrown open on run 200 for the purposes of settlement.— (By Mr Mervyn.) From residents in the Lakes district, praying that thr construction of the bridge over Franklin Falb be stopped ; and plans called for the construction of a bridge over tho Morven Ferry.-(By Mr Innes.)

NOTICES. Among the notices given were the following:— (1.) That in regard to his Honor’s Message?, Nos. 3 and 5, the Council is of opinion that if his Honor would consent to carry out constitutional precedent in accepting an Executive from tho majority of this Council, there need be no interruption to public business. (2.) That the Council will be prepared, as soon as the business absolutely necessary for the welfare and progress of tho Province is disposed or—especially in the matter of initiating the system of selling lands on deferred payments—too long delayed—and providing for the better encouragement of settlement; and also determining the best steps to be taken for the immediate construction of the Clutha and Mataura, and Dunedin and Moeraki railways, and tor deepening the harbor, so th.it vessels of ho largest tonnage visiting our port may come up to Dunedin—to take into consideration the Question of dissolution of the That if his Honor will join issue mth the Council in asking that an alteration of the Constitution Act should be effected, determining whether his position is to be that of a Dictator or simply that of an Executive officer, t.ns Council will agree to recommend a dissolution immediately after the' rising of tho Assembly. (4.) That Mr Speaker be requested to forward a copy of these resolutions to his Honor, and also telegraph the same to his Excellency the Governor.—(Mr Clark for Thursday.)

GOVERNMENT EXPLANATION.

The Provincial Secretary said that, before proceeding to other business, he wished to reply to the question put by the hon. member for the Mataura. Arrangements had been made for making the track from the Holy ford river to Martin’s Bay, sanctioned by the last session of Council. The track was being formed by Mr Clark, and at the present time it had been formed some twelve miles into the bush. With regard to the position now arrived at, they were aware that on Friday last he had moved for an adjournment of the House. That motion had led to a lengthened discussion, the motion for adjournment being eventually given effect to. What he was now about to do was to state to the House the position in which matters now stood. When he last addressed the House he stated to tho Council tluvt negotiations had been entered upon which, he hoped, would bring about a union of the discordant dements, and solve the difficulty. He was very sorry to say that those negotiations had failed. After due deliberation, the Government recommended to the Superintendent that the member for Oamaru Country (Dr Webster) should be sent for. He (Dr Webster) had taken no very prominent part in the late proceedings. Tho part he had punned was that of a middle course ; and as it was upon his resolution that the Government had gone out, they thought he was the most likely person to bring tho conflicting elements together, and form a coalition Government. Unfortunately these negotiations had failed, for reasons which it was unnecessary to explain. That morning Dr Webster had reported tho complete failure of his mission. The quet,tlon at issue were difficult to make out. He (Mr Tolmie) made it this: certain powers had been conferred by constitutional authority upon h’s Honor. Mr Reid rose to a point of order. The hon. member was not justified in entering upon debatable matter, unless he was prepared to bring forward a motion; and he (Mr Reid) judged, by what had been said about adjournments, that such was not his intention. Mr Tolmie, in continuation, said that, although not prepared to make a motion, he had other ideas to bring forward besides those of an adjournment. After further intemiption, he added that he would simply refer to the circumstances which led the Government to give his Honor tho advice that they had given to him. Consequent upon the negotiations that had taken Jflace, the Government found that the contendng elements of the House were of such a nature that it would be quite impossible to unite. The position of parties was this. Government had a compact body of seventeen supporters. About twelve members were staunch supporters of the hon. member for the Taieri. (Laughter.) About fifteen members in the House recognised no political head at all.—(Continued laughter.) Mr Reid contended that these allusions introduced debateable matter, and while the point waa being discussed, the Speaker announced a

MESSAGE.

“It in 'with the utmost reluctance that the Superintendent is compelled to convey to the Provincial Council his regret that the Council has not seen fit to reply to Iris former messages —an act of courtesy which he had hoped would have been deemed due to the office which he holds, apart altogether from personal considerations. The Provincial Council will have been in session a fortnight to-morrow, without making the slightest progross in the practical business for which it was convened —and, for ought that the Superintendent can see to the contrary, this state of things is as likely as not to continue for an indefinite period. There appears, therefore, to be no alternative but to prorogue the Council—(hear, bear) —and appeal to the people, a course which, after his ineffectual attempts to form an Executive, the Superintendent, with the advice fthd consent of the Executive Council, has resolved to : adopt,' It is hoped that under the circumstances his Excellency the ActingGovernor will not refuse his assent to a dissolution, seeing that otherwise the affairs of the Province will speedily arrive at a deadlock.—(Opposition cries of “Oh! oh!”) ' ’The Superintendent need scarcely say that the step which he has now adopted is a painful one —(near)—to himself, and has been taken under a very grave sense of responsibility.—(Hear.) Elected by and responsible to the whole body of the people, he should be betraying the trust reposed in him were he quietly to submit to the office being trampled upon, and to the business of the Province being brought to a standstill. The Superintendent would lespectfully point out to the majority of the Provincial Council that if the somewhat anomalous political machinery in the shape of responsible Government, with an elective head, which the Province lias seen fit to tack on to the Constitution, is to work at all beneficially, there must needs be in the choosing an Executive mutual concessions, and that the feelings and views of the Superintendent have at least as much right to be consulted as have those of the Provincial Council. The Superintendent has been chosen by the majority of the people to administer the affairs of the Province, and has been pledged to a policy of progress. —(Cheers from the Government side). It is manifest, therefore. |hat majority pf the ppuncU, by seeking fibeiftus wceptanW 1 idyisers who;' it ihay’be 1 , ppjjfoufa Superintendent, are seeking to place hffti 'iu $ fa|se position —a position whigh he refuse* tp mm\. The Superintendent camp down to thp Cpupcif at its opening with very important proposals bearing upon the advancement of the Province —proposals which it was intended to have fob lowed up by others equally important. Instead of entertaining any oi these, however, the time has been occupied in discussing matteis which have little or no practical bearing upon the public interests : circumstances which tho Superintendent trusts will amply justify in the eyes of the people the action which, in the interest of the country, he has been compelled to take.-(Loud cheers.) “ James Macandeew.

We must hold over the full Jrenort of what subsequently transpired; but the following outline will convey an idea of the scene that occurred. Mr Tolraie having been interrupted by Mr Reid, who called attention to debateable matter being introduced by the Provincial Secretary, was afterwards allowed to proceed, and concluded by stating that the Government had advised the Superintendent to prorogue the Council Mr Reid was about to move the adjournment to enable him to reply to Mr Tolmie, when the Speaker announced the receipt of a second message, but at once corrected himself, saying “It is not a message; it is simply a letter.” Mr Keid spoke a few words, when the hop, Mr Reynolds spoke from the table and insisted that there was no Council. He was ruled out of order, and declined to be put down; whereupon Mr Mervyu called attention to the presence of strangers, but on being pressed on all sides not to insist upon it. withdrew his notice, Several members—(amid loud opposition and cries of “ Chair”)—called attention to his Honor’s message, but the Speaker refused fcj acknowledge It, saying it had i(ot reached him as a message. Mp Bastings afterwards refused to recognise Mr Speaker or his authority, saying that the latter was at an end, as the Council Ixaid been prorogued. He -was ordered by Mr Speaker to resume Ids seat, but refused to do so. Loud cries of “ Chair, chair,” came from the Opposition side, completely drowning Mr Baiting’s voice, but -the Secretary fortbto Goldfield* itill stood or

feet, with the Superintendent’s proclamation In his hand, and above the din was heard Mr Duncan’s voice ! ** Scud for tho Sergeant * atVrms ” When something like silence was restored, the Speaker said he could not take notice of the prorogation unless informed of it by message; and Mr Reid proceeded to explain his own action since the Council last met He was interrupted by questions of order put by Mr Fish ; and Mr Gotten rose to move that the proper steps should be taken to enforce older; Mr Duncan again demanding the presence of the Sorgeant-at-Arms. When Mr Reid finished, a third Message was announced ; the Gazette notice of the prorogation was read by Mr Speaker; and, amid loud cheering from the Government side, in which the galleries joined, and a e+orm of hisses from the Opposition, the Speaker retreated from his chair, and the thirty-second session of the Provincial Council ended. ‘‘ Three cheers for the Superintendent,” at the call of Mr M'Glashan, being given as the general uprising took place. The proclamation of prorogation .lead as follows “Whereas by an Act of the Imperial Parliament of Great Britain and Ireland, passed in the session thereof holden in the fifteenth and sixteenth years of the reign of her present Majesty Queen Victoria, intituled “An Act to grant a Representative Constitution to the Colony of New Zealand,” it was amongst other things enacted that for each of the Provinces established in the said Colony by the said Act, there should be a Superintendent and a Provincial Council, to be elected and constituted under and subject to the pmnsions in that behalf therein contained, and that it shall be lawful for the Snpcriutendentof any of the said Provinces to prorogue the Provincial Council thereof, from time to tme, whenever he should deem it expedient so to do : now therefore I, the Superintendent of the Province of Otago (one of tho Provinces aforesaid) do proclaim and de lare that I do hereby, in pursuance of the power vested in me in that behalf by the said Act, prorogue the Provincial Council of the Province of Otago, and that the said Provincial Council is prorogued accordingly.”