GENERAL ASSEMBLY.

Globe, Volume IV, Issue 395, 17 September 1875, Page 3

GENERAL ASSEMBLY.

[By Electric Telegraph .] (From a correspondent of the Press.) HOUSE OF REPRESENTATIVES. Wednesday, September 15. The House resumed at half-past seven. CHRISTCHURCH DISTRICT DRAINAGE. The Christchurch District Drainage Bill was read a third time and passed. HIGHWAY BOARDS EMPOWERING BILL. The House went into committee ou the Highway Boards Empowering Act Amendment Bill (No 2), which was amended, reported, and the amendment ordered to be considered on Wednesday next. MUNICIPAL CORPORATIONS BILL. In committee ou the Municipal Corporations Bill, the clause requiring the bye-laws to be submitted to the Governor in Council for confirmation gave rise to considerable discussion. Mr STOUT moved —“ That it be struck out with the view to the insertion of a clause that the bye-laws should be forwarded to the Colonial Secretary, and after publication in the New Zealand Gazette, they should become law. Ultimately the further consideration of the clause was postponed to enable the Minister of Public Works, who was in charge of the Bill, to see how the alteration proposed would affect the object sought to be attained by the City Council of Christchurch, at whose instance the clause was introduced. Clause 11, relating to the election of mayors was made general in its application, and on Mr Stout’s motion clause 13 was also altered by 25 to 19 votes, so as to give ratepayers only one vote in the election of mayor. ■ > . MUNICIPAL CORPORATIONS LOANS BILL. The second reading of Municipal Corporations Loans Bill was moved by Mr Ballance in an excellent speech. ,He explained that it was intended to supersede small measures of a kind that had now become periodical throughout the colony. The only question that could be raised, if the principle was admitted that municipalities should have borrowing powers, was that sufficient security should be provided, not only to the ratepayers and to the creditors, but also to the colonial creditors. By the Bill it was provided that a bare majority of the ratepayers, after a poll for the purpose had been taken, could authorise the raising of any municipal loan, but it might be thought that two-thirds would offer greater security. However, that was a matter of detail, which could be dealt with in committee. He would be content with the affirmation of the principle of the Bill, and would endeavor to have it brought into effect next session.

The Colonial Treasures said it would be the duty of the Government next session to prepare a Bill to consolidate the various laws relating to municipalities. With the general principle of this Bill they entirely agreed. It seemed to the Government that it was quite time these bodies were allowed freedom of borrowing. [Hear.] He had never been able to understand the principle upon which the Legislature had imposed restrictions, which appeared to him to have rendered the power they pretended to give almost useless. The only thing required was that the people should thoroughly understand what they imposed upon themselves. In consolidating the various municipal laws, the Government would be prepaied to give this Bill favorable consideration. Mr Shephard heard the Treasurer’s remarks with regret, and protested against the proposed introduction of a principle at variance with that existing at home, where municipalities were obliged to obtain the sanction of Parliament to borrowing.

The Bill was strongly supported by Messrs Macandrew, Beid, and Sheehan, who strongly urged the member for Kangitikei to

allow his Bill to stand by itself, and to proceed with it this session, and by Mr Wales, Mr Shepherd, and Mr Andrew. In reply, Mr Ballance said if it was the desire of the House he would press on the Bill. [Hear, hear.] The Bill was then read a second time, and ordered to be committed on Wednesday next.

Thursday, September 16. The Speaker took the chair at 2.30. QUESTIONS. In answer to questions, Ministers said—(l.) That they would not consent so to alter the second clause of the Abolition of Provinces Bill, that it shall not come into operation until a resolution has been passed bythe new Parliament, asking the Governor to give effect to it. (2.) The Government would in due time take into their serious consideration the advisableness of giving representation to the New Zealand University, but they doubted whether the University was yet established on such a basis as to justify it in having a representative in Parliament. FIRST READINGS. The following Bills were read a first time: —A Bill to amend the Coroner’s Act, 1867; Anatomy Bill ; Neglected Childrens’ Act, 1873 Amendment; Friendly Societies’ Act Amendment Bill; Riddle’s Land Grant Bill; Davide’s Succession Bill; Piako Land Exchange Bill (No 1); and Piako Land Exchange Bill (No 2). LICENSING ACT. Mr Pearce has introduced a short Bill to ameud the Licensing [Act, by allowing the licensing benches to grant new licenses at the quarterly meetings instead of at the annual meetings only. ABOLITION BILL. Shortly after three o’clock the House went into committee on the Abolition Bill, On the short title, Mr Stout, in order to test the feeling of the House, moved the omission of the words “ abolition of the provinces ” in line four, with the view of inserting “the Two Provinces Act, 1875.” The effect of the measure would be to cause the separation of the two Islands, He wished to ascertain the feeling of the House.

Mr Wood entirely sympathised with the member for Caveraham. His belief was, that the direction in which this legislation was tending was towards separation, and the sooner separation begun the better. Hon Major Atkinson said it was perfectly clear that the Bill, whatever might be its ultimate result, made no provision for a division of the colony into two parts. Therefore, he submitted, it was entirely out of character with the Bill.

Sir G. Grey hoped the member for Caversham would withdraw the amendment. The amendment was negatived on the voices.

On clause 2, Hon Major Atkinson promised to circulate the proposed substitution before the House was called upon to adopt it, which would be at the end of the Act. The clause was then struck out.

In clause 3, in the sth line, after the word “ 1867,” and in the 20th line, and in the 15th line on page 2, the Hon MAJOR Atkinson moved the insertion of the additional words, “or the persons, or body, having the control or Government of the local affairs of any city, town, or place.” In line 21 page 2, Mr STOUT moved that *,ll the words from “ public buildings for the use of ” down to “ Government of the colony ” should be struck out. He objected to the land fund being charged with the expenses of the erection of Government buildings. Hon Major Atkinson would have preferred to see “ Shire Council or Road Boards” inserted after “General Government,” because provision would have to be made for buildings for the use of such bodies, but he had no objection to striking out the words, which were struck out accordingly.

On c l ause 4, Hon Major ATKINSON moved the striking out of the first three lines, with the view of inserting the following words—“ The second section of the Constitution Act is hereby repealed, and the provinces of Auckland, Hawke’s Bay, Taranaki, Wellington, Nelson, Marlborough, Westland, Canterbury, and Otago, shall be and are hereby abolished.” Mr Reid could not see any necessity for repealing the second clause of the Constitution Act. Mr Rolleston thought there could be abolition without reference to the Constitution Act.

Hon Major Atkinson said Government were advised that the House had full power to abolish the provinces, but as he had already announced in moving the second reading of the Bill, it was the wish of the Government to set at rest doubts in some members’ minds. They were quite prepared to repeal the second clause of the Constitution Act.

Sir G. Geey submitted that in point of fact the second clause of the Constitution Act had been inoperative for upwards of twenty years past,“so to his mind it made little or no difference whether the clause was repealed or not. He moved as an amendment that the word Auckland should be struck out; being no consenting party to the arrangement that had been made, he reserved to himself the absolute right at any time of testing the legality of the proceeding, which the House was now taking. For aught he knew Government might at the present moment be in possession of information from Great Britain to the effect that the course they were now taking was not legal. Some time ago the Minister for Justice stated in distinct terms that the committee might expect some opinion from a source of great authority, and sufficient time must have elapsed since then for Government to have obtained that information. As Superintendent of Auckland, he reserved to himself the power of testing the legality of the course now being pursued, whenever |the proper time _ for so doing came In order not to deceive any one, he wished to intimate he would defend every right to which he believed he was entitled.

Mr Reid moved the striking out of the words “ not later than ninety days,” and the addition to the end of the clause of “ provided no such proclamation shall be issued or take effect before one day after the close of the next session of Parliament.” He believed the understanding was the Bill might then come into operation. [Loud cries of “ Shall.”] He presumed a proclamation would be issued letting the people know when the change would come into operation. Mr Stout contended that the House was pretending to repeal an Act of the House of Commons, which the House could not do. Mr Ward contended as the 4th clause of the Constitution Act could not be repealed, Superintendents and Provincial Councils could not be abolished.

Sir G. Grey’s amendment was negatived on the voices. The bells were rung, but no division was called for. Mr Stout then moved that “and Otago” stand part of the question. On a division there voted against him 53, with him 11, The minority comprised Messrs Stout Thomson, Reid, J. C. Brown, Swanson, Sir G. Grey, Messrs Sheehan, Macandrew, Higiian, Murray, Brandon. On clause 5, Mr Wood moved that it should be expunged. It was quite idle to talk of abolition, or of a united colony, while provincial districts were retained. Hon Major Atkinson pointed out that it must be retained until provincial legislation was consolidated, and the land fund localised, Mr O’Connor moved the amendment of which he had given notice, for creating new provincial districts, which the Hon Major Atkinson intimated the Government could not possibly accept. Mr O’Conor withdrew his amendment. Mr CUTHBERTSON moved as a further amendment—“ That Southland, as existing as a province, with Queenstown thrown in, should be declared a separate provincial district.” A regular Otago free fight followed, Mr Cuthbertson and Sir D. Bell contending that Southland had lost much by reunion with Otago, while Mr Macandrew and Mr Stout said the boot had been altogether on the other foot. Mr Reid expressed his willingness to support the amendment, if the mover was content with the original boundaries of Southland. Mr Stout gave notice of a further amendment, to carry out Mr Reid’s suggestion. The discussion was interrupted by the dinner hour. The Maori members of the House of Representatives had a caucus of their own today, Mr Taiaroa in the chair. The subject of Maori representation was one discussed, and it was determined to bring in a Bill to increase the number of native representatives to seven, three more than' the present number. Mr Taiaroa gave notice of the Bill to-day.