PROVINCIAL COUNCIL.

Evening Star, Issue 3526, 11 June 1874, Page 2

PROVINCIAL COUNCIL.

Wednesday, June 10. The debate on Mr Fish’s motion re railway tenders and the Provincial Secretary’s amendmeut thereto was resumed by the Provincial Solicitor, who said the question was purely a constitutional o e, and could be divested of its personal character by the Council adopting the ammendment, Mr De Lautour clLrgtd the Government not only with exceeding the votes of the Council, but with having appropriated themselves L 73,394 without having any authority from the Council. If it was right for the Government to exceed the votes of the Council, and fot the Council to affirm their action, as the amendment asked them to do, the honorable member for Waihemo would be justified in bringing down a motion approving of the action of the late Government for having one day after the Council adjourned agreed to sell privately certain lands in the Palmerston district, thereby causing a loss to the country of L 3,000 That would be quite a consistent course of action. The motion, which was not a party question, was more deserving -of support than the amendment, for the reason that it was a little stronger. The • amendment was simply framed for the purpose of screening members of the Government whose conduct was indefensible Mr M ‘Lean cited instances of the General Government having exceeded appropriations without having votes of censure passed upon them for so doing. A certain amount of discretion must be allowed the Government unless it was intended to reduce them to a mere collection ot clerks. So long as the Government carried out in spirit the instructions of the Council, the Council were bound m honor to endorse their actions.—(“No no - ) Those hon. members who cried “no* no spoke like women. Such a motion as that before the Council should not be passed as no possible good could oome of it. Mr M'Glashan, with a view of throwing oil ©n the troubled waters, moved as a further amendment “ That in the opinion of this Council, it is to be regretted that the tenders for light railways m Southland and the Waiareka Willey should have bean accepted being so far in excess of the sum voted by this Council, and after theexpiration of the financial year, further, that the principle is wrung, and such a practice be ng subversive of responsible Government, should be avoided in the future by any Executive who may be in power.” Mr Lumsden accused Mr Fish of offering factious opp sition to the Government. The late Government snould not be censured for not postponing the acceptance of the tenders until the Gouncil met j and as for the construction of the railways by paying for them in land, re-!

membering their former experience in Southland, the Executive were deserving of praise for coming to the decision that the works should not be paid for in land. The accepted tenders for these works were very reasonable. The amendment of Mr M Glashan was a very fair one. Mr Haooitt would have voted for the Government if he could have conscientiously done so. Three principles were involved in this question. The first was that the Government had expended no less than L 142,00) of Provincial revenue without any appropriation whatever by the Council. The second was that, supposing the Executive’s own view of the matter was right, and that they might have constructed those works out of revenue instead of land, even then they had exceeded the votes of the Council by over LBO.OOO. The third was that, having allowed those contracts to remain unaccepted until the expiration of the financial year, they, without waiting for the Council to meet—without consulting it as to the change of feeling that had come over the Execut ve themselves—on their own responsibility altered the principle of payment brought down to the Council, and which the Council solemnly affirmed after due consideration. There must be some larking sarcasm in the amendment of the Provincial Secretary. If they were to approve tbs action of the late Executive in treating with contempt the resolutions of the Council, they would be degrading their own deliberations to a solemn—or rather ridiculous—farce. They would not be doing their duty if they did not take this opportunity of placing on record such an expression of censure as would deter any future Executive from acting in the same way as the late Executive. Mr Sumpter did not approve of the Provincial Secretary’s amendment because last year the honorable gentleman stated one great object of paying for the construction of rail ways in land was to obtain the settlement of the land; and his amendment now approved of the action ■of the Executive in not paying in land for the works. He condemned the unconstitutional ac ion of the late Government in exceeding the votes of the Council. A. vote was then taken, with the following result:— Ayes, 11: Messrs H. Clark, R. Clarke, De Lautour (teller), Fish (teller), Green, Haggitt, M’Kenzie, Oliver, Sumpter, Turton, and Wood. Noes, 14: Messrs Allen, Gumming, Henderson, Ireland, Lumsden, Mollison, M'Lean, M Neill, Reid (teller), Stout (teller), Teschemaker, Turnbull, Webster, and Wilson. Pairs: Ayes—Messrs Reeves, Hazlett, G. F. C. Browne, M'Dermid, M'Glashan, J. 0, Brown, and Bastings. Noes—Messrs M'Kellar, T. Daniel, Hallenstein, Davie, Roberts, Meuzies, and Shand. In intimating that he would accept Mr M'Giashan’s amendment, the Provincial Secretary said if the whole question were gone into, much could be said in condonation of the action of the Government in delaying the acceptance of the tenders. He had just received a memo, from the Provincial Bnginear to the effect that the reason why the date for receiving the tenders was postponed to the 3rd of April, was on account of a request made by Captain Audley Coote, representing a Tasmanian firm, to the effect hat further time might be allowed him to send in a tender. 1 £ that had been brought forward at au earlier period it would have been regarded as a very good reason for the postponment. Leave to withdraw having been refused (there being one dissentient voice), the Provincial Secretary’s amend* meat was put and negatived. That proposed by Mr M’Glashan was then agreed to on the voices. In Committee of Supply a motion by Mr Fish that the salary of the Commissioner of Police should be increased by LIOO, and a sum of (.164 6a voted as an allowance for uniform to three inspectors, two sub-inspec-tors, and a sergeant major of police, was withdrawn j on the Government pr miiing to place a sum on the upplementary Estimates increasing the salaries of the officers mentioned to the extent of 10 per cent. L2OO was voted for the purpose of bridging the 'tepiri and Upper Makerewa rivers ; L 75 to erect snow-poles along the track between the Upper .Nevis and Gibbs town ; and iSO to improve the road from Gibbstown to the coalpits on the south side of the Kawar&u. rhe following were negatived L 5.000 to form such tracks and roads through such portions of the goldfields as are not under the operation of Road Boards ; L 75 as a subsidy to the Moke Creek Public Library; and for a sufficient sum to construct an additional pier, I,oooft in length, at Port Chalmers.

Thursday, June 11.

The Waste Lands and Immigration Committee reported as follows ;—The committee having the return before them asked for by the hon. member for Mataura, showing the fees charged on land applications from May I, 1872, to May I, 1874, which appear to be grossly unjust upon the holders of small areas, are of opinion that the old system now reintroduced throughout the goldfields, of Government surveyors, should be reverted to in every district of the Province, as soon as possible, as suggested by the Government. The committee are further of opinion that the charges under the Government regulations require considerable modification, and would suggest an inquiry into the subject. The Private Petitious Committee reported on the petition of George Hepburn and other members of the Halfway Bush District Road Board, who prayed that steps might be taken to secure to the inhabitants of said district the benefit contemplated by the Council in voting the sum of LSOOjfor the opening up of the Water of Leith road—r-that the Committee find certain arrangements haye been entered into between the Government and Mr E. M'Glaahap in regard to the roads referred to by the petitioners, and are of opinion that tho whole matter rests in the hands of the Government to fulfil in equity the agreements entered into. Provincial Treasurer moved—--1 That an Address be presented to his Honor the Superintendent, requesting him to forward to this Council a recommendation to grant a sum of money sufficient to meet the una :thorised expenditure referred to in the letter from the Provincial Auditor laid upon the table by Mr Speaker on the 12th day of May, 1874.?’ Mr M'Dermid moved the following addition by way of amendment“ At the same time expressing regret that the Treasury department should be in such an unsatisfactory state as to render it necessary that the public accounts for the past financial year should be laid on the table of the Council uncertified by the Auditor as required by the Audit Act; and, further, that it is desirable in future that a detailed account of all unauthorised expenditure be laid on the table instead of merely a summary of the special orders issued. ” He,thought thae was tbeproper time for the Council to express its opinion upon the unsatisfactory state in which the affairs of the Treasury were. The Provincial Secretary, as a point of order, asked whether it was competent to propose an addition to a motion before that motion was put to the House, and either affirmed or rejected. The Speaker; Perhaps, while I am looking up tuo ma ter, the hon member will explain how, if the motion has been carried as a substantive m .tion, any amendment could be i?° n by way of addition ? I hj e Provincial Secretary : I think it 18 £° mpeteat to move the addition. ~ Provincial Solicitor pointed out that the proper way for the hon, member for

Port Chalmers would be to move the motion plus his addition, with “ that the words proposed to be left out stand part of the questionßesides tire amendment was out of order, because it had no relevancy to the subject matter of the motion. The Speaker: If a motion hasbsen carried there is no power to move an amendment. —-(Hear.) The rule on that point is laid dow d clearly in May The Provincial Solicitor : If the amendment is carried, then in strict compliance with the Act the A uditor will have to sue the Superintendent for penalties under the Act. The Speaker ruled that the amendment was perfectly in order. After further discussion as to the points of order raised, The Provincial Secretary said the member for Port Chalmers taking advantage of the forms of the House to move such an amendment was a most unfair proceeding. Such an amendment should have been on the order paper for two or three days. The Government cared not whether the motion was carried or not. They would not take notice of such a motion ; it was very easy to estimate it at its proper worth, which he took to be very little, even were it discussed by the full strength of the Council. But they were not going to be taken by surprise in that way. A division was then called for, and taken with the following result. Ayes, 12: Messrs J. C. Brown, G. F C Browne. H. Clark, R. Clarke, De Fish (teller), M‘Dermxd (teller), M‘Kenzie, Reeves, Sumpter, Turton, and Wilson. Noes, 9 : Messrs Gumming, Daniel, Henderson, Ireland, Kinross, Lumsden, Reid (teller). Turnbull, Wood (teller).

The Provincial Secretary really thought, under the circumstances, the proper thing for the Government to do. was to consider their position. They were not prepared to carry on the business in that way. Ihe Government had fairly submitted to the House •very question worthy to be taken up, and they were prepared still to give any hon member every opportunity of bringing in questions against the Government But they were not prepared to be subject to such surpdses as this. It was im portant for the business of the \ ouncil and to the country, that subjects of this import—and more especially - after the decision come to only sixteen hours before—when nearly every member w- a in his place, shonld be brought forward in this way. If the resolution was carried, he would just have to move the adjournment of the House to consider the matter.—(Hear.) The Provincial Treasurer agreed with what had fallen from the head of the Government. For himself, he declined to occup> a position on the Government benches, if such action as they had been subjected to during the past few days was to be continued. He could explain why account!-, were not down sooner and in a better stat . but he declined to shelter himself behmo persons who had no means of defen in fe themselves in the Council. He cared no for the vindictive feelings tried to be heaped upon nim by one or two members; the smallest coin of the realm represented his estimate of that feeling. He was prepared to appeal to bis constituents or any other tribunal as to his conduct, but he declined to submit to the unjustifiable and unprecedentedly vindictive conduct of the member for Dunedin (Mr Fish), whose opinion he did not value a single straw. If that hon. member wished to test his position as 'against his (Mr Turn bull’s), he made him this challenge : that at the close of the session both should resign and appeal.—(Cries of “ Question ”) The Speaker said the hon. membei was out -f order. Mr Fisa had not spoken. The Provincial Treasurer was referring to the hon. member’s notice on the order paper— The Speaker : That question is not before the Council. The Provincial Treasurer : Then I will say no more. Mr Kish, after explaining that he was taken by smprise by the amendment: lam really at a loss to think why the Treasurer should have made the attack upon myself. I don’t think I deserved it. 1 don’t know that anything I have said in the House upon this or any other ocea ion justified such an attack, which I am very sorry the hon. member should have made. I don’t intend to reply to it. I leave the Honse to form any conclusions from what the hon. member has said. After ten minutes’ adjournment, The Provincial Secretary moved the adjournment of the debate till seven o’clock this evening. The Government did not look upon the motion as carried as representing the feeling of the House. If it was decided by a majority that it should remain on the minutes, in its present shape, the Government would have to take the usual action in snob cases. Debate adjourned till 7 p.m. Mr M ‘Dermid’a motion for reducing the fares and freight rates on the Port line was negatived. [Left sitting.]