PARLIAMENT.

Evening Star, Issue 4247, 6 October 1876, Page 3

PARLIAMENT.

[Bt Telegraph.] HOUSE OF KEPRESENTATIYES. October 6. LEGAL OPINION ON THE ABOLITION ACT.

In replying to a question by Sir George Grey for the production of copies of correspondence, opinions, or advice from the law officers of the Crown in London t© the effect that the action taken by the General Assembly in regard to the Abolition Act was not, and is not, ultra vires, The Premier said that the Government were not in possession of any such correspondence, opinions, or advice. The process gone through was that any Colonial Act SOnt Home to the Secretary of State for the Colonies was submitted by him to the law adviser of his department, and if he found no fault with it he returned it. It was then sent to the President of the Privy Council, and by him to the law officers of the Crown —the Attorney-General and Solicitor-Gene-ral. Her Majesty then assented to it or not, as she might be advised, or disallowed it, or left it to its operation. He had no doubt this was the course adopted in regard to the Abolition Act, and as the Act was left to itsoperation he assumed that it was not ultra vires.

Sir George Grey was not satisfied with' the reply. In their memorandum in reply to the Superintendent of Otago’s telegram to Jde Governor Ministers wilfully misled the House and country in using‘language that implied that the Government were in possession of an opinion of the law officers of the Crown in London in relation to the Abolition Act.

Mr Stout condemned the action of the Government as anything but creditable. Mr Rees believed from the way things were shaping themselves that Her Majesty would be very strongly advised to withdraw her assent from the Act. The Hon. Mr Whitaker said a great deal was being made out of nothing. He denied there was any incorrect statement in the *** nTl al memorandum, Mr Sheehan contended that the Government owed it to the people of the Colony to snow that their action was not ultra vires. Ail S Ministerial memo, was one-sided and unfair : it led everyone to suppose that the Government absolutely had a distinct apEroval from the Crown law officers. The [on. Whitaker was most careful to avoid giving an opinion as to whether the Abolition Act was ultra vires. The Hon. Mr Whitaker, since he was challenged, would say that after the meat careful consideration he could possibly give the question, he held that the Abolition Act was not ultra vires.

bir Georoe Grey, in the course of his reply, said the Governor had not made a candid statement; hut being called to Order, put it that his Excellency had not been advised to give such a candid and full statement as the importance of the subject demanded. The subject then dropped. PRESS TELEGRAMS. Mr Joyce, in moving that the charges for Press telegrams should be made uniform, signed against the unfairness with which evening papers were treated. The low rate of charges for night messages was practically a bonus to the morning papers; and it would be just as reasonable for the Government to say to the public—lf you pay your Customs charges at night, we will allow you a 50 per cent reduction. The Hon. Mr Whitaker pointed out that the evening and morning papers enjoyed exactly, the same privileges. During the day each paid daily rates, and each could avail itself of sending telegrams between 5 and 8 p.m. A return compiled by the Department showed that the Press of New Zealand was more favored in the way of telegraphy than the Press in any of the other Colonies.

Mr Hess said if the granting of what was asked would interfere with the interests of the public as stated, the department’s power _ messages should he increased. Mr Baeff remarked that all proprietors of evening felt themselves deeply aggrieved at r.ot being placed in the same position as. the morning papers. It had been stated, when the change was made in peas t/eiegraphic charges, the Government aad oarefully considered the politics of the Corning and evening papers, and as the majority of the evening papers were hostile to the then Minislay, their charges were increased as a punishment. Mr Stout considered all newspapers should be placed upon the same footing. The Hon. Mr Reynolds deprecated members out for retrenchment, and at the same time demanding concessions for one thing and another. It was unreasonable to ask for these concessions, especially when the department was not paying expenses. The motion was carried by 26 to 14. NAVIGATION OF THE CLUTHA. Mr Pyke withdrew his motion for a vote of L2OO to defray the expense of a flying survey of the Clutha River, with a view of ascertaining the practicability of the naviga tion thereof to Wanaba Lake or any intermediate point, ©n the Minister for Public Works undertaking to have the survey carried out. - THE ORTLL-SRED RESERVE. On the second reading of the Dunedin Drill-shed Keserve Bill being moved by Mr -TvClu^ The Hon, G. McLean said the Government would sanction the passage of the Bill if it were intended by it to provide tlafc a drill-shed be erected upon it, and that if the numerical strength of the Volunteers were not kept up the reserve would be taken away. Mi Stout protested against the Government giving away a piece of ground worth between LIO.OOO and L 15.000. They surely could not know the value of the land. He ventured to say there would never be a drill-shed or gun-shed erected upon it, but it would be leased at a high rental. He ■•'moved that the Bill he read a second time that day six months. Mr Fyke strongly condemned what he called repudiation by refusing to give the Volunteers what bad been, freely granted to them five years ago by the local Legislature. Sir R- Douglas thought the Government should keep possession of the land for military purposes, allowing the Volunteers to have the free use of it, but no more. Mr Stout divided the House, and the Bill was read a second time by 33 against 17. Mr Bowen then said that the remarks of the member for Marsden were very sound. The land ought to be devoted solely for military purposes, and if the Volunteers failed in their duty in this respect, the Governor should assume possession of it for the military. He objected to it being banded over to the University in case Volunteers failed in their duty. J he Bill was ordered to be committed that day week. THE FORESTS BILL. On the motion for the committal of the Forests Act Repeal Bill, the Minister for Justice explained that they wanted to make it an amending Act, merely repealing the clauses that prov : ded for putting away L 10,000 annually, and appointing forest conservators. Mi Reid moved that the whole Forest Act be repealed, and that the pro-

visions of the Act of 1874 sought to be Iretanned should be introduced into the Waste Lands Act, which he considered the proper Act for them to appear in. Mr Macfarlane said he was willing to take the mind of the House upon it, and if it decided upon it he would aocept the amendments of the Minister for Justice. Eventually the Bill was carried as a Eepeal Bill by 36 against 18. The New Zealand University Bill was read a second time, and the Babbit Nuisance Bill passed.

ABOUT THE LOBBIES. (From our own Correspondents). September 6. The Treasurer’s statement shows a clear gain to Otago by Abolition of LIB,OOO. The Dunedin Volunteer Reserves Bill was vehemently opposed by Mr Stout. On the division, there voted for the Bill, Messrs Bums, Hislop, Joyce, Larnach, Murray, Pyke, Reid, Thomson, and Wood. Against: Messrs Brown, De Lautour, Lumsden, and Stout. Mr Reynolds did not vote. The second reading was carried, Mr Pyke dressed down Mr Stout twice, saying “ military purposes ” included keeping in check rebels led by Mr Stout to resist eonstitutional authority. Mr Joyce’s motion re Press telegrams, was supported by Messrs Brown, Bums, De Lautour, Hodgkinson, Joyce, Lamach, Lumsden, Manders, Pyke, Stout, and Thomson; against—Messrs G. M’Lean, Murray, and Reynolds, The Government opposed the measure on economical grounds, were willing to take the voices and not to divide. Mr Reynold.* forced on a division against the wish of the Government, and did his level best to prevent the evening papers being placed on an equal footing with the morning papers. Mr Reynolds is become obstructive.