THE GENERAL ASSEMBLY.

Globe, Volume I, Issue 43, 20 July 1874, Page 3

THE GENERAL ASSEMBLY.

(From a corresjwndent of the Press.) Wellington, Friday. The question of the session (aa Mr Sheehan rightly terms it) is to be the measure for the conservation of our forests, which was introduced by Mr Vogel at the evening sitting, on Tuesday. Notice of his intention to do so was given in the afternoon, and some little objection was made to the course he proposed, because the Bill had not been circulated, but on the Premier intimating that his desire was merely to explain the provisions of the Bill, and make some necessary observations on the subject it proposed to deal with, postponing: consideration of the measure till a future day, the House immediately fell ia with his suggestion. Accordingly at half-past seven Mr Vogel moved the second reading of the Bill, in about one of the worst delivered but prepared speeches I have heard him deliver. If, as he said, he has only turned his attention to the subject since his last visit to Otago, there can be no question that he has brought to bear upon it immense thought and research. That he well understands it and is equally well posted up in all that is being done in other parts of the world will at once strike the reader by his speech, which in justice to the hon gentleman, should be read as it appears in " Hansard ; " for the report in the daily local papers, though good, is only a bare outline of it. The House was not a full one, nor can I compliment the majority of members on evincing much attention to what was being said. Some were to be seen fast asleep in their places, and others thought it becoming to make occasional visits to Bellamy's while the Premier was speaking. The speech, which I daresay you will reproduce in some shape or form, occupied about two hours in its delivery ; and at its conclusion the House was favored with one of those strings of fine words with which Mr Vogel considers it necessary to bring to a fitting conclusion a speech on any more than ordinary subjects. The second reading of the Bill is fixed for Friday, but I doubt if the House will be so soon prepared to deal with such an importaut matter, particularly as the Budget is annouueed for Tuesday evening. The Ward-Chapman correspondence, as presented to Parliament, occupied fifteen pages of closely written matter, and was wholly conducted through the telegraph. It appears in the " New Zealand Times" of the 15 th, but had been thoroughly read by members before it got into print. Beyond saying that hon members were at once struck with the extraordinary difference between them and those published by the " Daily Times" —a difference so wide as to cause Mr Fox the next day to endorse Judge Ward's statement that the latter were "impudent forgeries." and for Mr J. L. Gillies to admit that they were not at all copies—l shall not refer to the correspondence, as I anticipate that it will be dealt with in your columns. The next day Mr Gillies, without any preface, moved for a select committee to enquire into the whole matter, and to ascertain by what means the .messages came into the possession of the " Daily Times," and the composition of that committee you have had by wire. Mr Vogel at once rose, and put the question whether or not it was desirable that the committee should be appointed. Two points, he said, were intended to be examined. First, how the "Daily Times" procured certain telegrams; the second, as to the conduct of the Judges. And he continued to say : There was some sort of apprehension that the inquiry would also comprehend the right to make accusations against a Judge ; that was to say that some penalty should attach to any person for making such a chaTge against a Judge, which he was not able to prove. But that point might be at once dismissed. The charge was made by Judge Ward as a private citizen, who complained of a certain line of action which affected him personally. It had nothing to do with his official position as District Juage ; therefore he (Mr Vogel) did not think official cognizance could be taken of the fact of such charge having been made, even supposing that it was altogether without foundation. They could not possibly shut up a person

holding an official position from exercising his rights and privileges as a private citizen, and no punishment could be imposed for action of that kind. With respect to the aspect which was the most important one as bearing upon Judge Chapman—did the House seriously wish this investigation to be made ? He thought it would be a great mistake. The Government had considered the matter very carefully, and came to the conclusion that the charge was so vague that there was no need for any action being taken upon it. If the House determined otherwise, it would be a sort of reflection on the course taken by the Government. He could not see, although the whole matter was a very sad one, aud as was abundantly proved by the telegrams a very great mistake, any ground whatever for an enquiry. The matter should be allowed to rest where it was, because even if an enquiry was made nothing more could be elicited by the Select Committee. The House knew the charges that were made, that an order was issued by Judge Chapman ; that Judge Chapman had a son who practised in Dunedin ; and that he was godfather to a child. These were the things got out, and was it desirable that a Select Committee should form an opinion upon them. The House could do so for itself at once ; therefore, in his opinion, an examination of that part of the matter was unnecessary. He would also ask the House to pause, in respect to inquiring into the manner in which the " Daily Times" became possessed of these telegrams. He ridiculed the idea of blame being attachable to the Telegraph Department for the telegrams getting into the possession of the " Times," and observed that there could be no doubt that primarily the information came from Judge Ward himself. Subsequently it was telegraphed to Judge Chapman, and to a number of Ministers, the matter being the subject of a considerable amount of telegraphic communication. In fact, there were many ways in which the information could have leaked out without blame being attachable to the Telegraph Department. Was it justifiable for the House to appoint a Select Comittee with the extreme power of bringing the editor or some other person connected with the paper to Wellington to appear before it, and saying to him that it was insisted that ho should say who furnished the information to the paper ? It might be justifiable in some cases, but it was not in this. He would sooner let this public scandal, which every hon. member must regret, drop : any ulterior action could notpossibly makethe matter better, but might make it much worse. After the Premier came Mr Luckie, who almost dared the House to wage war with the Press; and then rose Major Atkinson, who, although he spoke very strongly, evidently gave expression to the feelings of a large section of the House. He said, in reply to what had fallen from Mr Vogel, that if he had been a member of the Government, he would have taken a very different course to what had been pursued ; he would have at once instituted an enquiry, and taken such action upon what was the result of the enquiry as the circumstances required. Some member had the temerity to question the propriety of such an extreme step as the member for Egmont was hinting at, and drew upon himself the sharp retort that in the part of the world he (Major Atkinson) came from, the purity of the judicial administration was the most important consideration. He continued to say that to [his mind the matter resolved itself into this—were the charges true or false * if true, Judge Chapman must leave the Bench: if false, Judge Ward must retire. Judge Ward had made his accusations, knowing full well the value of words and of evidence and prepared for the consequences. A Royal commission of Judges if possible, and if those in New Zealand would not act, we should ask the assistance of Australia and of England if necessary —would have been the proper method ; but after the action of the Government that course could- not be pursued, and the House should insist on the appointment of the committee. This reference to commission again brought up Mr Vogel, and he pointed out that none of the Judges would undertake such a duty. Ministers would not undertake such a duty unless in the last extremity, and there were no other persons in the colony whose position entitled them, or who had the right to do so. The subsequent speakers were Messrs T. B. Gillies, Steward, T. L. Shepherd, Sheehan and Fox. Mr Gillies and Mr Sheehan both argued that the House had ample power to deal with the matter. And thus also said Mr Gillies:— To the House, and to it only, was relegated the power of removing judges for misconduct. The question was not one of whether Judge Chapman was right or wrong in authorising the production of telegrams ; it was a question as to the imputations made against Judge Chapman by a judge of the District Court, and the charges became much greater coming from such a quarter. Judge Ward had said the charges were made officially, that Judge Chapman should be suspended until the meeting of the General Assembly. He thought highly of Judge Chapman as a barrister, and Judge Ward had shown himself to be a man of large knowledge. This made the ground for inquiry all the stronger. If Judge Ward's charges could not be proved, he was not fit to hold the judicial balance. There was nothing to show that the Government had made any inquiry into the matter. If such charges were not cleared up, suitors would have no confidence in the administration of justice. Mr Steward wanted the question asked of the Government if any pressure had been brought to bear on the telegraph department to find out how the telegrams got abroad. Mr Fox eulogised both Judges, and repeated the opinion he had once before expressed, that it would be better if the affair as between the Judges were allowed to sink into oblivion. The telegraph part of the question was, in his opinion, the most important. As he had to a certain extent pledged himself to the member for Waikouaiti, he would support the motion ; but he did so unwillingly. He urged, on the authority of Todd, that unless a prima facie case were made out, Parliament had no power to interfere ; and he invited the Speaker's ruling on the point. Thus appealed to, Sir Francis carried out his known peculiarity of " speaking on both sides and voting in the middle," and ruled that, while it was competenc for the motion to be put, the telegrams were not of such a charcter as to call for an address to the Crown for the removal of Judge Chapman : hence the motion was unnecessary. Mr J. L. Gillies then replied. He told the House that the one cause that had induced him to take such a decided stand, was the reference made to Judge Chapman's private character. The people of Otago—nay more, the people of the colony—would not be satisfied with the Government for endeavoring to shelter any man, be he a Judge of the District Court or

a Judge of the Supreme Court, from the consequences of making accusations such as Judge Ward had made against Judge Chapman. He regretted to hear the Premier Bay that, but for the circumstances of the telegrams appearing in the "Daily Times," nothing would have been heard of the matter. From that point of view, it was a very fortunate circumstance for the colony that the telegrams had appeared in the " Daily Timep," because it would be the means of preventing private accusations being entertained by the Government. It would never do for Judge Ward to be left in the position of being able to travel throughout the length and breadth of the land, saying that he had made grave charges against another Judge, which the Government were afraid to investigate, and which remained uncontradicted. Then the question was put, and there being such a certain sound given by the ayes that the Government saw the folly of pressing for a division, and the motion passed. The Government have not come out of this Ward-Chapman matter with clean hands. The candour with which the Premier met Mr Gillies in the preliminary stages was highly creditable to him; and gave the House reason to think that the Government were as anxious as any one that this very discreditable affair should be thoroughly sifted, and such ulterior action taken as the circumstances would then warrant. But their shuffling attitude on Wednesday shows unmistakeably that some strong pressure to bear on the Premier, which, it is to be regretted, he was not firm enough to resist. But the good sense of the House prevailed ; and there is now probabilty of this dirty matter being thoroughly sifted. The committee held its first meeting yesterday. Two points in the debate have hitherto escaped attention, but they are worth a passing notice. Whether Mr T. L. Shepherd had any authority for his statement is matter for conjecture ; but it seemed strange that he should jump up immediately after Major Atkinson and tell the House that it had no ground for supposing that the matter had been finally dealt with, while he would not beat all surprised to learn that Judge Ward had been called upon to resign his position. Still stranger and weightier was the fact brought to light by Mr Fox. In proof of his assertion that the published copies of the telegrams had been righteously called impudent forgeries, he called attention to the fact that one of the published telegrams contained a sentence to the effect that Judge Ward was going to Wellington soon and would see the Premier. Now the originals contained no such words ; but it was a fact that Judge Ward had the same day telegraphed to a private friend in Wellington, that he was going to Wellington soon. This tends to complicate the matter considerably, and would seem to favor the idea that there has been some tampering with the wires. How else could the contents of the private message be known? Had it not been for this additional circumstance, people might have been disposed to agree with Mr Vogel, that there were plenty of ways, outside the telegraph, by which the information could have been conveyed to the newspaper. Marriage with a deceased wife's sister has already been the subject of one debate in the Upper House, and is to be put before the Lower House in a definite shape by Mr Steward. Mr Waterhouse, in introducing the Bill to the notice of the Lords, pointed out that New Zealand was the only one of the Australian colonies in which marriage with a deceased wife's sister was not legalised, and it was very inconvenient that there Bhould be a want of uniformity in the law on the subject. Further it was only in harmony with the Imperial sentiment that marriages valid in one part of her Majesty's dominions should be so in all others. If a man married in one colony, could by coming to this colony ignore his former marriage and marry again, and be uncompromised, it was not unlikely if this system prevailed that great social scandal would frequently arise. On that ground he brought forward the Bill, the aim of which he wished to be regarded as of an Imperial nature. With reference to the objections of members of religious denominations, he could not believe anyone holding the catholicity of the Churches, could say that priests and members were prepared to ignore marriages duly performed in other countries in accordance with the laws of the country by priests of their own denomination. A man should not be allowed practically to commit bigamy without punishment. The measure was supported by Colonel Brett, who said is would removeany former unfavorable impression, dictated as it was by moral spirit and not to be discountenanced, and by Capt Fraser, who recommended that the Samoan law which made man and wife persons who had lived together for a year and a day, might be introduced here ; and opposed by Mr Stokes, who thought it but a stepping stone to legalising marriage with a deceased wife's sister, which was not required until England changed her law in that respect; and by Dr Pollen, who complained that the terms of the Bill were not precise enough,. The second clause said that all marriages " performed" in any one part of Her Majesty's dominions should be legal within the colony of New Zealand. The performance of a marriage, as there stated, might be held to be the ceremonial act, and that would not validate the marriage here. The Bill would provide a law for the rich of which the poor could not avail themselves. He did not desire to see such a law in operation here. If passed, the Act would encourage parties desirous of making such a marriage to go to another colony and evade the law of New Zealand. Even in the colony where such a marriage was consummated, it might be considered invalid on the ground that the parties were not properly domiciled. It should be remarked that Dr Pollen, who was very anxious to know whether there were any particular scandals in view, a question which received Mr Waterhouse's indignant denial, spoke as a private member, and not in his official capacity. Two amendments were proposed—one, that the Bill be read a second time that day six menths; and the other, that the date be fourteen days. On a division the numbers were equal—ten on each side ; and the hon the Speaker gave his casting vote so that the Bill will again come up for discussion, and that at a time when a call of the Council will have been made, so that the measure may then be considered and dealt with by a full House. The local papers are enjoying a quiet fling at your province, and one asserts if that province's representatives in the Upper House are to be believed, Canterbury must be " The most distressful country That ever yet was seen" in New Zealand, as regards the prevalence of a particular unpleasant species of crime—that of indecent assaults upon women and children. It appears when the Offences

against the Person Act was before tha Council, Captain Fraser moYed the substitution of the word " shall" for " may," to make it compulsory upon Judges when pass* ing sentence upon offenders of that description, to order flogging in Bddition to imprisonment. I was not in the House, but it is reported that a Canterbury member admitted that in Canterbury indecent assaults were of much too frequent occurrence It was stated that fellows were in the habit of haunting the neighborhood of isolated houses in the country for weeks and months together, taking advantage of the absence of the men, whose departure they watched, to insult the female inmates. In one case bo loug had this sort of persecution endured, and so powerless the authorities seemed to put a stop to it, that at last the family were driven from their home to avoid the insults to which the ladies were exposed. Other hon members protested that in this matter New Zealand was no exception, and that hereeven in the remotest parts of the countrywomen were as safe from insult as they were in any other country under the sun. The impression (remarks the "Times" writer) was left on the minds of the few people who heard the discussion, that more protection for women was needed in the outlying portions of most of the provinces, and most of all in rich and prosperous Canterbury; and yesterday, when Mr Cuthbertson moved the second reading of his Registration of Births Amendment Bill, the object of which is to extend the period for registration to fourteen years, Mr J. E. Brown said it was within his knowledge that a great many persons in Canterbury had not registered, it being impossible to induce them to coma forward owing to the way in which the Act was was carried by some registrars in the province. He instanced cases where registrars had held that if application to register was made six months after birth the person so applying must pay a penalty of 10s, and after this money had been paid to the registrars the latter said they had no power to register, yet retained the money, which was leading persons into a trap. The Supreme Court Judges' Bill is a measure necessitated by the contemplated retirement of the Chief Justice, and will place on a definite footing the retiring allowances of judges. In introducing it on Tuesday, Mr Vogel referred to the practice in other colonies. Ceylou, after fifteen years' service not exceeding one-half ; after seven and less than fifteen, on medical certificate, not exceeding one-fourth ; less than seven years, none. Canada, after fifteen years' service, or on becoming afflicted with permanent infirmity, two-thirds. Victoria, after fifteen years' service, if 60 years old, onehalf. New South Wales, the proportion is seven-tenths out of the salaries before tha increases, the Chief Justice there would have £IOSO ; Tasmania, two-thirds ; Queensland same as New South Wales. All have a fixed and not a progressive amount, and similar pension is given where there is permanent uniformity. In Victoria, County Court Judges who have acted in other judicial capacities count such service ; bo in Sydney, Supreme Court Judges who have acted in other judical capacities, are allowed to count their service. According to the present Act, if Chief Justice were to retire now he would get a pension of one-third only of his present salary ; that was to say £566 instead of £BSO as under proposed Bill. A puisne Judge would get after fifteen years' service, £SOO instead of £750 as under the proposed Bill. A few days afterwards, Mr Vogel brought down a proposal to increase the pension of the late Chief Justice Sir William Martin to £SOO, but as the House was much divided as to the necessity for increasing the pension of a Judge who had many years retired from the Bench, the proposal was withdrawn. Mr Reeves on Wednesday moved the second reading of the Canterbury Domains Amendment Bill, and at the same sitting a petition was presented,' signed by 25 residents of Christchurch, protesting against the proposed alienation. Yesterday Mr Buckland objected to the Bill being proceeded with in the face of the petition, but Mr Reeves' explanations were deemed satisfactory, and the third reading was agreed to. On Wednesday the House had an evening sitting for the first time this session, and tha principal matters considered—rather put down for consideration —were Mr Reynolds' pet measures, the Qualification of Electors Bill, and proposals in reference to altering tha duties on colonially-distilled spirits. There was an "at home" at Government House, which drew there the Premier and that portion of the House which delights to call itself fashionable. Consequently Mr Reynolds was left to i( flounder and blunder," and succeeded admirably in so doing. His explanation of the first-mentioned measure was given while members were engaged in general conversation ; and so much notice was taken of his observations that Mr T. B. Gillies, seeing that it was an opportunity too good to be lost, recommended that the discussion should be adjourned to |give members the opportunity of reading in print the " lucid, clear, and eloquent" explanation with which the Bill was introduced, and it is almost needless to say the House enjoyed Mr Reynolds' discomfiture. But it was still greater when he proposed his resolutions re colonially disdistilled spirits. The House was like a lot of schoolboys in the absence of the master, and with no fear of the birch before their eyes,and consequently in an excellent disposition for banter. The Commissioner of Customs was so fairly bothered by questions of procedure, and amendments, that he, and at last the House itself, was unable to tell what was going on ; and, in sheer desperation of of being able to make himself understood, ha withdrew his resolutions, in order to introduce them in another shape. Since then Mr Macandrew has givea notice that when the House was in committee of ways and means to consider the Commissioner of Customs' resolutions for increasing the duty on colouially distilled spirits, he would move amendments to the effect, that in order to protect the revenue from further loss, no fresh licenses for distillation should be issued before 1878. That in order to keep faith with the holdeis of existing licenses, the duty on all spirits colonially distilled prior to the 31st December, 1877, should be as at present; that on all distilled during 1878 there should be an increased duty of Is a gallon, with a further increase of 6d per gallon during 1879, and a similar increase during 1880, after which there should be no further disturbance of the proportion between the import and excise duties. From what I can learn, the question of duties on colonially distilled spirits is practically shelved for this session. The other day Mr Murray, the member for Bruce, endeavored to get the telegraph thrown open to members of Parliament for

■'- us<3 " on public business " at press rates, but •«. withdrew his proposition on the Government objecting to it, as likely to lead to abuse. •The. discussion served to elicit from the ...Premier the expression of opinion that the honorarium question stood on a -very unsatisfactory footing at present ; and ■; he added that if so requested, the Government would come down with a proposal on • the subject. This announcement was received ' with so many responsive " hear hears " that •it is highly probable Mr Vogcl will at once ■ carry out his suggestion. Several other matters of interest have escaped my attention until it is now too late to notice them and to catch the mail, but I will do so in a second letter, which will reach you by the Claud Hamilton. I may i remark in conclusion that the House of Be- ■ presentatives seems to me to be in a very disorganised condition. There is only order preserved when Mr Vogel is in the House, • and he cannot be in his place and attend to his multifarious official duties. There is apparent a restless disposition on the part • «f some hon members, and if the man could • be found I have little doubt a party would be soon formed of men and numbers enough to cause disquietude in the Ministerial camp. The attitude of the Government on the Ward-Chapman business and Mr Reynold's ■ blundering, are the sources of much political unrest. As to what it may result nous verrons. It may interest your Timaru readers to know what was the -opinion of the gentleman who lately visited that port to ascertain • the desirability of fixing a lighthouse there. It is as follows :—The port of Timaru is a roadstead lying in a deep bight, quite out of the ordinary track of shippiug, and never approached by any vessels excepting such as • are dbectly bound there. There is therefore no necessity for a coasted light there, for no vessel has any business to be so close in unless bound for the port, when a mere harbor light would satisfy all requirements, even should a vessel, when working to windward, stand close in before tacking. The soundings are so regular, and the water shoals so gradually, that by a reasonably careful use of the lead chere would be no difficulty in ascertaining the distance from shore. I therefore recommend that there should be no light placed there for coastal purposes, but that instead there should be a light of small power erected for a harbor guide. This of course i 3 a matter for the Provincial authorities.