GENERAL ASSEMBLY.
[From a correspondent of “The Pms,”]
First Day’s Proceedings
The Houses of Representatives met on Tuesday for actual business, but so far work has been confined to the Lower Chamber, though Mr Waterhouse promises to provide the Lords with plenty of material for thought. The business of Tuesday in the House opened with the introduction to his seat of Mr Wales, who was led to the chair by his colleague for the city (the hou Mr Reynolds) and Mr J. L. Gillies. Mr Wales having taken his seat on the Ministerial cross bench, between Mr Gillies and Mr T, L. Shepherd, the latter gentleman rose and asked two questions on postal matters. To the first, as to making fixed arrangements at the chief post offices for the delivery of mails (arriving by sea too late for deliveryjon Saturdays or on Sundays) on Sundays, the Premier mentioned that up to the cud of May mails arriving on Sunday were immediately sorted, and in the case of English mails, the offices kept open for two hours for public delivery, but this compulsory attendance having been found to be a hardship on the postal officers, as head of the department, he issued on the Ist of January, 1873, a circular ordering that all post offices should be strictly closed on Sundays, following the practice adopted by other countries. Then came representations from some chief postmasters that it "would be impossible for them, in the event of English mails arriving on Sundays, to forward all the correspondence for the country offices by the Monday morning mails, unless such mails were sorted on Sunday ; whereupon he altered his previous decision so far as to decide that Sunday attendance should be optional with the officers themselves, and now officers attending on Sundays were paid overtime, but no postmaster could compel attendance on that day. English letters would be continued to be delivered to private box-holders and to the general public whenever English mails arrived on Sundays, but no necessity existed for delivering on Sundays mails arriving after office hours on Saturdays. Amid many sympathising "hear, bear’s,”, Mr Vogel continued to say, that in justice to a department, at once the hardest worked and worst paid in the public service, it was not desirable to make any alteration in the prevailing practice, which met the requirements of the public, and was satisfactory to the postal officers themselves. In reference to Mr Shepherd’s other question, a memorandum by the Secretary of the Post-office was read,to the effect that the rule in regard to insufficiently stamped letters (which the member for Dunstan wished forwarded to their destination, and delivered on payment of double the amount of postage the letters should have borne) was to detain them, and after advertising the addresses for seven days to send a notice to the writers, while the Australian and English practice was to detain all such letters. Unless with the concurrence of the countries interested in the exchange of the class of unpaid letters referred to, no arrangement would prove satisfactory to this colony, as it would not answer to forward letters to other countries on which no postage stamps or less than a single rate were fixed, while there would be no corresponding return in the collection of unpaid amounts on letters sent to this colony, While, therefore, it was undesirable to alter existing arrangements, there could be no objection to adopting the English practice of immediately returning the letters to the writers. ADDRESS IN REPLY. Though several important matters cropped up at this sitting, it did not last long, the final business being the address in reply, which was moved by Mr Wales, who, though new to political fame, has acquired a colonial reputation as a rifle shot, and seconded by Mr Gibbs, of Nelson, a Nelson representative, and, 1 believe, a very old colonist. Mr Wales, who is a deliberate speaker, though given to hesitating slightly, as if considering how best to shape his thoughts, is pleasant to listen to, and on the whole made a tolerably successful maiden effort. Intending to say a good deal, he wisely refrained from so doing, and was careful not to introduce much debateable matter. The points of his observations were that he cautioned the House against the possibility of pressure being brought to bear on Parliament to sanction as main lines the construction of railways which were to all intents and purposes branch lines, and as such should be supported by local contributions, much in the same way as were ordinary roads ; that he credited the Government with a desire to introduce immigrants of the right sort; and that he expressed himself strongly in crediting the prevailing prosperity to the measures introduced by the Premier. Mr Gibbs, on the other hand, is very fluent, but not a pleasant speaker. He really said nothing, beyond that he did not pledge himself so strongly as the mover of the address to support the Government ; though he gave a general adhesion to their measures. No other members spoke, and the address was carried non. con.
In the Upper House, the address in reply was moved by the Hon Mr Campbell, and seconded by the Hon Mr Miller, The debate was brief but decidedly interesting. Mr Waterhouse, who promises to be a thorn in the side of the Government, opened out upon them very strongly, and was particularly severe upon Mr Vogel. In place of commenting upon the incidents of the debate, it would be more interesting to give the features of the principal speeches, Thus sooke Mr Campbell : * The public works had been carried on very well during the current year, but there were a great many lines of railway uncompleted, and it would only require a little extra labor to get them into full working order, and he hoped the Government would see the advisability of doing so before plunging into new works, * * * Immigration should be increased rather than decreased. At Hie present moment, the more immigrants that
wore hi ought in, the higher seemed to be the rate of wages and the greater the difficulty to get men. The 16,000 immigrants introduced from July Ist, 1873, to the end of March last, cost per head £lO, while each returned from 30 to 40 per cent on the cost of introduction. With respect |to the population New Zealand could receive, he believed two or three years would see a million inhabitants on the land. * * As an instance of prosperity, he had been told that the customs revenue would be £300,000 over the estimate. * * With regard to the proposal about life assurances, he thought before any bonus was given the accounts should be sent home for inspection by a first-class actuary, and they would then be able to ascertain the real state of the department. Twenty-five years were required to test such a scheme as the Government Life Annuities scheme, while in fact it had only been three years in existence. It will be convenient to mention here, that this objection of Mr Campbell’s had been anticipated by the Government. In moving the second reading of the Life Assurance Bill on Friday, Mr Vogel rightly observed that it was undesirable that any misapprehension should get abroad as to the scope of the measure, and explained that no division of the profits was to take place until ten years from the date of the establishment of the institution, which would be in 1880 ; and that thereafter a division was to take place every five years. It was proposed as an initiatory step that a report should be made by an actuary, specially appointed for the purpose; and the divisions, whether in respect of the amount recommended or a lesser sum, would depend on a resolution by both Houses. Mr Campbell went on to say : —The proposal about the Polynesia trade met with his approval. He believed New Zealand would be a great manufacturing country, though it was premature to speak on the subject, and that the great future, which was in his opinion before the Polynesian Islands, should be linked to that of New Zealand by the establishment of trade and commerce between them and this colony. The last question touched upon in the speech was one relative to the constitution. Since he had had the honor of a seat in the Council, he was not aware of any serious difference having occurred between the two Houses. The Council had somciimcs thrown out Bills which had been passed by the House of Representatives, but they had always had good grounds for doing so. The chief difference had been that of last session with regard to the Provincial Loans Bills, and he was certain that the good sense of the country was in favor of the Council, for they had, by the firm position they took up, saved £1,100,000 to the colony, and for his own part he had never given any vote with so much pleasure as that which he gave in support of the motion that those Bills should be read a second time that day six months. They saw in other colonies, such as Victoria and New South Wales, dead locks occurring, but here they had got on very well, and he did not sec why they should not continue to do so. The Council occupied the position of one of the parties of the Constitution, and what they said should have due weight. New Zealand was too apt to take up the policy of Victoria in these matters. He thought the Government of New Zealand would compare favorably with the Governments of other countries, and might be able to teach them good Government. He himself believed that New Zealand would occupy the premier position amongst the Australasian colonies, Mr Miller followed in much the same strain. The country was looking anxiously to see some of the lines of railway completed in return for the large expenditure they had entailed. Questions of minor importance should bo left in abeyance, and the Government should give their whole attention to the important question of the administration of public works. He did not approve of Provincial Governments having anything to do with the railways. It would be much better to have them all under one central control. He believed that all the railways now being constructed would not only pay their working expenses, but also a portion of the interest on the loans. Our coal mines should be more developed, and coal for domestic purposes supplied from our own resources, instead of costing three or four hundred thousand pounds per year to obtain from Newcastle, Then these public works could not go on for ever, and it was of great importance that manufactures should be introduced and encouraged, in order that those who fell out of employment as the public works were completed, might be prevented from leaving us. New Zealand was perfectly justified in making an attempt to take advantage of her geographical position with regard to the Polynesian Islands, before the resources of which her own sank into insignificance. If she had gold and wool, and grain and timber, these islands had ricc’and sugar, and cotton and coffee, and the cocoanut. The establishment of commerce with them would create a trade in these articles to New Zealand, which could not but be productive of great benefit to the colony. The only other question was that of the difference of opinion between the two Houses. They had not the principles of the Bill before them, and could therefore only guess at its probable nature; but there seemed to be no generally expressed desire that their relations should be altered.
The rosy picture drawn by Messrs Campbell and Miller was too much for Mr Waterhouse, who came down heavily on the former, characterising his speech as a characteristic specimen of “ blowing,” which if delivered in the presence of Anthony Trollope would certainly have been awarded the prize by that novelist. And having slightly got rid of his bile the hon gentleman proceeded to make a very alarming speech. “ The speech of his Excellency himself was not at all satisfactory. The more it was looked into, the less one could detect in it. He had expected to see matters of great importance brought forward, and measures of great importance announced. The last recess had been in many respects a peculiar one. There had been a stream of ministerial feteing and ministerial speaking altogether unprecedented. The Premier had been making his tour throughout the length and breadth of the Colony, and indulging in public speaking and public eating to a large extent. The first entrance into this sphere was made at Otago. There had been many interviews there between the Superintendent and the Premier, which excited the curiosity of all politicians, and was believed to have resulted in the promise of a loan of half a million. Then the Premier went to Nelson, and effectually roused up its somnolency. More long interviews with the Provincial authorities followed ; public spirit rose ; £20,000 down was offered in aid of (be public works, but refused for the promise of getting £250,000
during the session if they persevered. Then the Premier went to Auckland, and there his former opponent, the Superintendent, buried the tomahawk, and was promised an advance of £40,000 to meet current expenses. The Premier could not go to Hawke’s Bay and Napier, but they each received some substantial recognition of his favor instead, in the shape of promises of money for harbor works and other undertakings. All these negotiations with the Provinces were of great interest, but no mention of them was made in the speech. Still they all knew there would be a great fight about provincial borrowing this session. The administration of public works was satisfactory, and he believed this was all owing to the gentleman at the head of the Department, than whom no better could possibly be found. He condemned the immigration management, as a breach of the constitutional principle and of public policy. The immigration policy originally sanctioned the introduction of 12,500 immigrants, at a cost of £250,000 for the whole of the year 1874, but instead of that 35,000 had been ordered within the first six months, at a cost of £700,000. He looked upon the present prosperity of the country as entirely deceptive, and before long there would come a great crash, and he quoted the bank returns, which showed the average indebtedness to be £lO per head as compared with£2 in Victoria. A great tightness of the money market was certain to ensue before long, and private enterprise would be unable to bear up against it. With Dr Pollen’s reply the debate virtually terminated. I have not seen a fair report of it, but was I believe a lengthy defence of the immigration policy ; he urging that the demand for labor had been so great that the Government felt themselves bound to go beyond the limit originally assigned by the immigration vote ; and that had they not done so, they would have laid themselves open to censure. The Colonial Secretary also pointed to the present condition of the money market as compared with what it was some years ago, as a refutation of the gloomy prophecies of the ex-Premier. THE TELEGRAM CASE. It needed no power of divination to have foretold that so grave a judicial scandal as the charges preferred against Judge Chapman by Judge Ward would early occupy the attention of Parliament, and be the subject of searching enquiry. On Tuesday the Government were asked in the Upper House by Mr Waterhouse, and in the Lower Chamber by Mr J. L. Gillies, to produce all telegrams and correspondence on the subject ; and in each case the answer was that the Government would not do so on their own motion, but as they recognised the right of Parliament to have the information desired, they would produce them if moved by the House. Mr Vogel was more explicit than his colleague, as Mr Gillies’s question involved the additional question whether the Government contemplated making any enquiry into the matter, to which the Premier replied ; —“The Government had taken no steps to investigate the charges made against Judge Chapman. The Government was of opinion that the charges did not call for any representations on their part to his Excellency the Governor, and Judge Chapman and Judge Ward had been informed to that effect. How the telegrams got into the papers he was unable to say. He had the assurance of Judge Chapman and of Judge Ward that they were not responsible for their appearance ; certainly he (Mr Voget) was not, and he did not believe they came through the Telegraph Department. The whole circumstance was one of those mysteries which must be placed in the same category as the writer of Junius’s letters and the identity of the Man with the Iron Mask. Whether time would unravel this mystery lie was unable to say. The telegrams as they appeared were net correct , although they mere nearly so , and shamed pretty well that the newspaper mas very largely in the knowledge of the actual telegrams .” The business was a Very sad one, and hou members, when they read the correspondence, would say it was very much to bo regretted. The readers of the “ Press ” should mark well the passage which I have put in italics. The Premier’s announcement was so utterly at variance with what members and the country had understood—the relation of the telegrams published by the “ Daily Times ” to the actual messages from Judge Ward to the Premier—that members could scarcely believe they hoard aright There was too recent in the minds of all Judge Ward’s first assertion, that the published telegrams were misstatements of the originals ; and then the emphatic declaration by his Honor that the former were “ impudent forgeries.” That some one had not spoken the truth was evident ; and enquiry was, in the altered condition of things, more necessary than ever. Accordingly on Thursday Mr Gillies followed up his previous action by moving for the production of the actual telegrams, which Mr Vogel promised to lay on the table as early as possible, at the same time expressing the hope that the time would come when this scandal—for he could call it nothing else—would be forgotten ; and, therefore, that there would be no necessity for publishing the papers in the House journals. It is proposed to lay the papers on the tabic on Tuesday or Wednesday, and Mr Gillies will then move for the appointment of a Select Committee to euauire into the whole matter. 'me. fox. Mr Fox is in hot water again. In the course of the debate on Mr Gillies’ motion just referred to, he put it to the House that the more serious question to be enquired into was how the telegrams reached the “Daily Times.” And then he launched oat upon that journal and its Wellington correspondent, who seems to be his hete noir. He thought it extremely desirable, if there had been a channel of communication between the telegraph and the newspaper—which should not have existed—that the House should take some steps to ascertain what that channel was. The head of the Government thought it impossible to discover it, and spoke of it being like the story of Junius’ letters or the history of the man with the iron mask ; but he (Mr Fox) was free to express his belief that if the right steps were taken they could tear the iron mask from the brazen face. The contents of telegrams were supposed to bo absolutely secret in the hands of the Government. The House would recollect an instance when he was in office of an erroneous copy of a telegram sent by him to one of the departments, ho being in Otago at the time, appearing in the Wellington correspondent's letter of an Otago paper. It was never absolutely ascertained how that telegram was allowed to escape. A crime was committed, and the terms lie nsed in condemnation of the person’s conduct, though made in the heat of the moment, he had never since regretted. The language he used iu describing the
conduct of the writer of the letter he referred to was certainly strong; and that individual threatened him (Mr Fox) with an action for libel. He (Mr Fox) at once defied him to bring his action ; because he was satisfied if he got the correspondent of the “ Daily Times’’into the witness box, it would not have been long in ascertaining from him, by means of an oath and cross-examination, how it was that telegraphic information escaped from the Government offices and reached the “ Daily Times.” But his lawyers saw, he (Mr Fox) supposed, that the case was a disreputable one, and threw it up. He was informed subsequently that the person consulted another lawyer, who, he had reason to believe, saw that it was almost impossible to carry it to a successful result; consequently the action was never brought, and he (Mr Fox) was never given the opportunity in the face of the Supreme Court of the country of ascertaining how that telegram leaked out. That it was obtained by surreptitious and disgraceful means there could not be a shadow of doubt, but who was the guilty party, or how many were the guilty parties, was not within the knowledge of the Government at this moment. The Government nearly broke up the department, scattering it in various places, but it was never discovered by what individual, and by what particular channel, the telegram was exposed. Through some gross complicity with some person outside the office, his telegram was surreptitiously and fraudulently communicated to a person, who was enabled to make use of it in the newspaper for his pecuniary reward, for newspaper correspondents were paid. He had called the person a “doubly dyed character,” for it involved first of all the act of deliberate breach of confidence with the Telegraph Department of what occurred there, or on the other hand was a deliberate fraud. Therefore he deliberately used the expressions he did use, and had never regretted having done so. They hardly represented the character of the transaction. The action then taken had had a very good effect, for it prevented the repetition of such a betrayal of the official confidence of the country from that to the present time. He was sorry another instance had occurred of the same paper apparently manifesting'.abreach of confidence of a similar character, which it was requisite should be enquired into by the Government or a committee of that House. What possible reason there was for Mr Fox to revive his almost forgotten quarrel with the “ Daily Times’ ” correspondent is beyond my comprehension ; but I am aware that it looks like as though he were himself guilty of what he so strongly and bitterly condemned, viz., a breach of faith, because the advice given to the correspondent by his legal advisers was never communicated by them to the member for Rangitikei. The person attacked thus defended himself in the columns of the “ Post,” of which I need hardly add he fills the editorial chair : “The whole of Mr Fox’s revelations yesterday were merely the product of a vivid imagination. His character is saved at the expense of his veracity. As he evidently knows nothing on the subject we will tell him why he was not made to answer in a court of law for his wretched slanders. It was because he spoke and did not write them. In actions for verbal slander it is necessary to prove special damage resulting therefrom. Mr Fox’s appeals to the press to refuse to employ, the correspondent were treated with the contempt they merited. The correspondent suffered no pecuniary injury from the attack made on him—probably in a pecuniary sense he benefitted. His lawyer, therefore, advised that as no damage could be proved it was useless going to law, and it was for this reason only that an action was not brought, and not from any disinclination to have the matter enquired into under oath in the Supreme Court. As a matter of fact we may repeat what the correspondent at the time asserted through our columns, that the information in question was not obtained in any dishonorable manner, through any breach of trust, or from any Government employee, but that the corrected figures were matters of notoriety in certain political circles here before the report of Mr Fox’s Dunedin speech was received; and the article winds up with this severe sentence: — “ It is a pity that even in his old age Mr Fox apparently has not learned the value of that most useful lesson taught to the youthful mind in the Church Catechism—to keep one’s tongue from evil-speaking, lying, and slandering—that he knows nothing of the beauty of charity, or how essential an element it is in the character of the Christian and the gentleman—that as he grows older the malice and vindictiveness, which have always been characteristic of him, seem to become intensified, and that he constantly forgets the lesson once read him by Mr J, C. Richmond, ‘ that it is not what enters into the mouth of a man which defiles him, but that which proceeds out of it.’ ” I wonder if this castigation had anything to do with the member for Rangitikei coming down yesterday with a proposal to add to the Telegraph Amendment Bill a clause to the effect that any person publishing or making known the contents of any telegram improperly divulged, contrary to the provisions of the 16th section of the Electric Telegraph Act 1865, such person not being employed in the Telegraph Department, should bo liable to the penalties there set down; and if it were done without the knowledge of the sender, that should be prima facie evidence against the operator. THE OPPOSITION. The air is thick with rumors of opposition moves to embarrass the Government; and the vivid imaginations of some ministerial supporters see dangers in every motion made by their opponents. On Tuesday Mr Gillies moved for nominal return of the persons employed during the past financial year in land purchase operations in the North Island ; the terms on which they were severally employed and the quantity, position, and price of land purchased by each such person ; but the Premier would only promise to give such information as it was thought desirable to give : a reply that did not at .all please the member for Auckland city, who complained of the tone assumed by the head of the Government, and said it was something new for a Ministry to take such a stand. Mr Murray and Mr Mervyn tried to get from the Government a declaration of the truth or otherwise of the statements that had appeared in the press, that agents em ployed by t he Government had purchased lands from the natives for private individuals ; but Mr Vogel was not to be drawn out. Then in the Upper House, in spite of the opposition of the Government, Mr Waterhouse succeeded in carrying his motion for regulating the disposal of land under the New Zealand Settlements Act by Act of Assembly instead of as at present by regulations made at the will of
the Government of the day. For Friday, Mr Waterhouse had on the order paper—- “ That this Council would see with regret any increase to the general indebtedness of the colony, except for the purpose of completing undertakings already authorised, until such time as the works now in progress are so far completed as to enable a reliable opinion to be formed as to the capability of the colony to meet the annual expenditure thereby required, without having recourse, to a degree of taxation which might injuriously affect the industrial resources of the colony.” But as the Council bad to wait on the Governor to present the address in reply, it was deemed advisable to postpone the consideration of the motion till Tuesday. LOAN BILLS. The first of the Provincial Loan Bills with which the House is threatened to be inundated, was introduced on Wednesday by the Superintendent of Nelson, who asks power for his province to borrow a quarter of a million on the security of 400,000 acres of land, He moved it in half-a-dozen words, and the Premier immediately rose and expressed the intention of the Government to come down with a full exposition of the course they intended to take in regard to provincial borrowing in the budget speech, (a statement which was received with applause), until which time they asked the House to support them in resisting the second reading of this or any similar Bill. Of course, Mr Curtis at once deferred to the Premier’s suggestion, and the first reading was agreed to. It is rumored that the Government will oppose the whole of the Loan Bills, and divide the surplus revenue among the poorer provinces, OTAGO LAND LAWS. On Wednesday also we bad the prelude to an Otago free fight. The irrepressible MrT. L. Shepherd (who you will have observed by the telegrams has fallen foul of the reporters) took upon himself the task of introducing a Bill to amend the Otago Waste Lands Act of last session by withdrawing the limit which is placed on the quantity of land that can be thrown open under deferred payments. For his presumption in taking up a measure which the Government of the Province, instructed by its Provincial Council, had in hand, the member for the Dunstan was rebuked by Mr J. L. Gillies, but Mr Shepherd was not to be put down. After explaining that he was acting with the concurrence of the Provincial Secretary of Otago, he went on to give Mr Gillies a Roland for his Oliver, saying that he did not require to be taught his position by that hon member, and inferentially that he was as competent as any Provincial Solicitor to prepare a short Bill to repeal six words in the existing Act, the latter observation calling forth a burst of laughter. Mr Shepherd almost attained the honor of obtaining the first division of the session. On the question for leave being put, the Speaker declared it to be for the nocs ; and a second time so declared it, but the opposition was not cairicd beyond that point. Mr Shepherd has also taken in hand the Goldfields Bill of last session, a step that is not favorably regarded by the other goldfields representatives. Should he succeed in carry ing it over a second reading, which appears problematical, though he will be supported by the Government, th? Bill will then be withdrawn. circulated during the recess, and be brought forward next session to be finally dealt with. BILLS INTRODUCED. Several Bills have been introduced, and among them are three of very great importance. Two of the number have been already advanced to a second reading. First is the Qualification of Elections Bill. It leaves the existing qualifications under the Constitution Act undisturbed, and provides as an additional one the admission of every male person, twenty-one years of age, not subject to any legal incapacity, and who is a natural born subject of the empire. The only condition is residence in New Zealand for six months before the last registration of electors, and in one electoral district for the same period, before registration. Naturalised or denizen subjects of her Majesty are, for the purposes of the Act, to be placed on an equality with natural-born subjects, when they have been naturalized or made denizen a certain number of years. The precise number is left a blank. No one is to be entitled to vote in the same district under two qualifications. When the electoral rolls for 1875 come into operation, the special miners’ franchise is to cease to exist, and the Miners’ Representation Acts are to be deemed repealed. Until then the electoral rights of miners under those Acts arc prescribed. The Act is not to apply to Maoris while the Maori Representation Act remains in force. I have reason to believe that when the Bill is in committee amendments will be moved substituting a three for a six month’s residence clause in an electoral district, and making provision for a half-yearly, instead of annual registration. These amendments, however, will not be pressed, if they would endanger the passage of the measure, which is generally approved, through the Upper House. Bill No 2 is that to abolish imprisonment for debt, which is introduced as a Government measure. Mr Vogel, in moving its second reading, said it went as far in the direction of abolishing imprisonment for debt as at present it was supposed to be safe and practicable to do so ; while the exceptions named in the third clause of the Bill were absolutely necessary. Mr T. B. Gillies, who, it will be remembered, moved in the same direction last session, while cordially supporting the Bill, found fault with it for complexity, and said it might be much simplified. Sir J. C, Wilson managed to elicit from the Premier that the Government did not intend to introduce an Insolvency Bill this session. Such a Bill, he admitted, was required by the country, but in view of the diversity of opinion on the subject in the different branches of the Legislative it would only be a waste of time to bring one forward in this Parliament. When the Imprisonment; fp? Debt Abolition Rill \yaa further considered on Friday, |t having been adjourned till that day, to enable the Premier to take the opinion of the Attorney-General on Mr Gillies’s suggested amendments, the member fpy Auckland city said he remained strong in the belief that the Bill could he greatly simplified, but as he could not expect the Government to prefer the advice of legal members of the House to that of the Attorney-Oooeral, it would bo wasting time to propose amendments, but he pointed out one or two matters to which he thought it desirable to call the AttorneyGeneral’s attention. In the second clause there was an exception from the operation of the Act of those who made “ default in payment of any sum recoverable summarily before a Resident Magistrate or Justice or
Justices of the Peace, or Court of Petty Sessions under the Justices of the Peace Act, 1866.” Under that Act of 1866 there was recoverable a great number of really civil debts, such as road and education rates, &c., which, together with what any Ordinance or Statute said might be recovered by summary procedure, could not be recovered under the provisions of this Bill. Therefore, this exemption freed persons owing road and education rates or sums recoverable in a summary manner from imprisonment for not paying those debts, which he thought was never intended : nor the effect perceived by the drafter of the Bill, Under Section 4, a very valuable provision in the Resident Magistrates Courts Act of 1868 was repealed. By the provision referred to, debtors could be brought before a Resident Magistrate, and enquiry be made as to whether he was evading payment by fraudulent and improper means; and in the event of his doing so could be imprisoned. This was a very just which the present Bill would repeal. Further points were submitted for consideration by Mr Brandon, who considered the fraudulent contraction of small debts should be equally punishable with large ones. In the latter case a debtor must go through the Insolvent Court; in the other he should be examined in the Resident Magistrate’s Court, and, if there convicted of fraud, be punished in the same way as he would be were he in the Insolvency Court. By Mr Sheehan, who complained of no distinction being drawn between debts dishonestly contracted and engagements honestly entered upon, and suggested that power should be left to a Court where the debt was contracted to determine whether it was contracted fraudulently or not, and to determine whether or not imprisonment should be imposed. And by Sir J. C. Wilson, who complained that what the colony most suffered from was an imperfect insolvency law, which was made much worse by the very loose way in which it was administered —a statement which was generally approved by the House. The member for Heathcote also brought under the Premier’s notice the fact that a debtor could prevent his creditor from getting anything out of him by going to a different province ; and Mr bheehan made the reasonable suggestion that writs should be issuable when a debtor left the Supreme Court district. With a view to consulting the Attorney-General on all these matters, the third reading was postponed for a week, but Mr Vogel declined to trouble the Attorney-General with Mr Sheehan’s highly imaginative suggestion, that if by the operation of the Act Ipersons who were now in custody were released the State might be called upon by the creditor to pay, if not his claim, his costs in respect of putting in force a legal remedy. The last and next important Bill is that to amend the Electric Telegraph Act in these respects ' To make offences against the Act more easily punishable ; to protect the officers of the department from being subject to actions for libel ; to enact that telegrams shall not be considered as libels because of anything they may contain ; and to meet the power now exercised by Courts of Justice of ordering the production, as evidence, or the inspection of telegrams with a view to the discovery of matter on which actions for damages might be founded. It was necessary under the existing Act when damage was done to a line of telegraph to prove that it was maliciously done. This, the Premier remarked, was always difficult to prove, and it was proposed to do away with that necessity. It conld scarcely have been thought, it was also remarked, the operator who merely forwarded a message could be proceeded against in actions for libel; but that opinion was entertained by lawyers, and it was therefore necessary to protcctjthe employes Of the department. Telegrams, it was held by the Government, should be treated as private letters, and no more subject to be regarded a publishing libels. The last object alluded to, but really the first and most important of the Bill, was that which related to the protection of telegrams from orders by the Court for unspecified telegrams between places named, which were merely roving or fishing commissions to lawyers to discover materials for legal proceedings. Mr Vogel moved the second reading in a very good speech; The points of the debate, as far as it has gone, were Major Atkinson’s suggestion, which has been received with considerable favor, that the principal difficulty the Bill was designed to meet might be got over by the operator, after having transmitted a message, placing the original in an envelope and forwarding it to the sender, as an ordinary post letter ; and Mr Fox’s announcement of his intention to introduce two new clauses, one to punish offenders against the inviolability of telegrams—that is, of persons who might become improperly acquainted with the contents of a telegram and circulated thorn, and the other to enable the Government to trace out secondary as well as primary offenders in this respect by enabling them to give immunity to offenders who might give evidence which inculpated themselves, and to impose a full penalty upon any person so situated who should refuse to give evidence. This Bill is to be further considered on Tuesday. SOUTH SEA SCHEME, &C. On Tuesday, the Premier will lay on the table the papers relating to Fiji. As far as I have been able to learn—and my authority is perfectly reliable—Mr Vogel’s scheme is in the nature of securing the trade of the Polynesian Group for New Zealand, with the ultimate intention of establishing a grand federation. If the proposal meets with favor the Government will at once bring down a scheme to bring it into operation; and if the majority of members is adverse to it, it will stand over for another Parliament. It is claimed for the proposal that in its results it will be more important to New Zealand than the public works scheme. In anticipation of the paper there has been issued from the Government printing offices a most elaborate and carefully prepared map of the Polynesian group. The Hon Colonel Brett has been “ .setting ” on the volunteers again : but is to be afforded an opportunity of testing their powers with the rifle, as the volunteers of the Lower House have challenged the military men of the Lords to fire a friendly rifle match. Considerable interest will centre in the match, which, once begun, is sure to become a sessional affair, The Budget is promised in about eight days from this. An Imprest Supply Bill for £250,000 was introduced the other day, and in moving its second reading Mr Vogel made a suggestion which is likely to be given practical effect to, viz , that the practice of other Legislative Assemblies in considering the estimates as soon as they are brought down should be adopted. There is little doubt such a course would greatly facilitate business,
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https://paperspast.natlib.govt.nz/newspapers/GLOBE18740714.2.15
Bibliographic details
Globe, Volume I, Issue 38, 14 July 1874, Page 3
Word Count
6,904GENERAL ASSEMBLY. Globe, Volume I, Issue 38, 14 July 1874, Page 3
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