THE PROVINCIAL TREASURESHIP

Globe, Volume VI, Issue 612, 5 June 1876, Page 3

THE PROVINCIAL TREASURESHIP

We have been requested by the Provincial Executive to give publicity to the following telegrams relative to the late appointment of Mr Jameson as Treasurer : | Telegram.] “Christchurch, April 29th, 1876, “ To Hon Colonial Secretary, Wellington. “ Urgent. Provincial Secretary and Treasurer has suddenly with three dajs’ notice resigned his offices to take office under the University of New Zealand. I think the work of these departments should be continued under the permanent officers, who are efficient and trustworthy. Executive recommend a member of Provincial Council with no experience. I wish to fill Provincial Treasurer’s Office by appointment of the Assistant Treasurer. Will you obtain me advice of Solicitor General whether I can make the appointment without advice and consent. See section 7 Executive Government Ordinance, 1864, or whether, failing that, I can instruct the Bank to honor cheques signed by myself and the AssistantTreasurer upon duly certified and audited vouchers. Also, can I refuse to accept Treasurer's resignation. All departmental payments are waiting on Monday. (Signed) “W. Rollesxon. “ Government Buildings, 1-5-76. “To his Honor the Superintendent, “ Ghristchhurch. “No, 184. In reply to the questions asked in your telegram of the 29th uit., the Solicitor-Gtneral advises as fellows: —‘l find that the power given by section 7 of the Executive Government Ordinance, 1864, is that the Superintendent may by warrant under his hand appoint persons to hold the office mentioned in section 56 (Provincial Secretary, Secretary for Public Works, Provincial Solicitor, and Provincial Treasurer), and that the Superintendent may, wjth the advice and consent of the Executive Council, but not otherwise, by warrant under his hand remove such person, and may appoint others in their stead. It will be seen that the power to appoint these officers is distinct from that of removal and new appointment on such removal. The meaning of the Ordinance perhaps was that these officers should only hold office while they were members of the Executive, but this is not expressed. Section 56 says, ‘ there shall be the following offices of Government in the Province of Canterbury,’ and then proceeds to specify them. I think, therefore, that upon the words of section 7 the Superintendent alone can appoint the Provincial Treasurer without the consent of the Executive, bat I think it is by no means clear. I find that in 1876 (session 42) the Provincial Council passed an Ordinance reciting doubts as to the construction of section 6, and declaring that the Provincial Solicitor need not be a member of the Provincial Council, but that if a member of the Council he should be ex officio a member of the Executive.’ (2) ‘I d« not think the Superintendent could legally instruct the Bank to honour cheques as he suggests. The current Appropriation Ordinance requires the Provincial Treasurer to issue and pay the sums authorised as therein provided, and the Bank is bound to conform to this law as well as the Superintendent.’ (3) ‘As a member of the Executive the Treasurer can resign. Express authority is given by the Ordinance of 1868, and the Superintendent can appoint to fill the vacancy. But there is no power given to the Treasurer as such to resign, and this again brings in the question as to whether these officers only hold office while members of the Executive, or whether they may hold them without being such members. If the latter view be the correct one, then I think the Superintendent could refuse to accept the resignation of the Treasurer.’ ‘ln writing on these points I have only taken the Ordinances as they stand, and am not of course aware of any special circumstances, either in the appointment of the Treasurer, or in the regulations authorised to be made under the Ordinance which might affect the question.’ (Signed) " W. S. Reid. (Signed) “Edward Richardson, “ In absence of {Colonial Secretary.’’

[Copy.] $ “Christchurch, 4-5 76. “The Honourable Colonial Secretary, “ Wellington. “Urgent. Referring to my telegram of the 29th ultimo, asking for Solicitor-General’s advice as to appointment of Provincial Trea surer, I have to ask further advice under following circumstances. I rejected nomination of Mr Harper by Executive, and invited further proposals from them desiring to act with their concurrence if possible. They declined in writing to make any further proposals; as they refused to exercise their functions as advisers, I acted upon advice' of Solicitor-General and appointed Mr Jameson, the Assistant Treasurer, to the office. I have issued a number of warrants, and under such warrants there are cheques each signed by Mr Jameson, and countersigned by myself, ready for issue, but payment of which I have suspended in consequence of an opinion never communicated to me, but which appears in this morning’s papers, given by Provincial Solicitor to President of Executive, that my appointment of Mr Jameson was not authorised by law. Some Cheques were already issued before my suspensions issue. 1 desire to act entire ly legally and with adviceotherthan that I had declined as to Mr Harper, I could take no other course than that I have taken in order to prevent great public inconvenience. As Provincial Council cannot meet, I ask Government to support me in directing the issue of cheques signed as above to continue. I only propose to pay salaries and satisfy legally incurred expenditure. certified by Auditor, Great public inconvenience will ensue, unless payments are authorised. Bank agree to honor cheques. Please reply to-day. • (Signed) “W. Rolleston.” “ Wellington, 4-5-76, “ His Honor the Superintendent,

“ Christchurch. ‘f The appointment, either legal or illegal, if legal, there is no need for interference of Government; if illegal, the interference of Government will not mend the matter. They have no power to direct the issue of cheques. The Solicitor. General stated, iu his opinion, that the question was by no means clear. He added to the opinion forwarded to your Honor the following remarks : —* I must add that the questions are not matters upon which the Superintendent is entitled to ask the advice of the law officer of the Colonial Government; the Superintendent ought to be guided by the advice of his own Executive, and his and their legal adviser,’ (Signed) “ Ohas. 0. Bowen, -“ la the absence of the Colonial tecrotary.”

_ ~ [Copy.] “Wellington, 6th May, 1876. “ His Honor the Superintendent, “ Christchurch. “ The Cabinet have noticed in printed correspondence that the Provincial Solicitor has expressed his opinion that Mr Jameson’s appointment is not authorised by law. It is therefore considered necessary to inform your Honor that you must not consider the undecided opinion expressed by the Solicitor General as meant by the Government to be used by you in justification of any course you may adopt If you desire a formal expression of opinion by the Government, it will be given to you, as there is not a Provincial Council. I have to ask you to allow your Executive to see this and two previous telegrams, (Signed) “ Chas. C. Bowen.” T Copy.] “Christchurch, 7th May, 1876. “ Hon Colonial Secretary, Wellington. “ Telegram of yesterday received, in which you offer me formal expression of opinion if asked to do so. I see no need at present for further advice. My action has now been taken, I took no step without asking advice of you. In the first instance, I acted upon the opinion of the SolicitorGeneral as furnished by you in your telegram of the Ist instant. This did not contain the remarks which were subsequently forwarded by you in your telegram of the 4th instant. When I telegraphed to you on the 4th instant for further advice, 1 carefully informed you of the advice which appeared in the morning’s papers, as given by the Provincial Solicitor, and suspended action pending your reply. This advice you now say, the Cabinet have noticed in a printed paper. You replied the same day in terms that appeared to mean that the merits of the course taken must rest upon its legality. You said, ‘ the appointment was either legal or illegal. If legal, there was no need for interference of Government; if illegal, the interference of Government will not mend the matter.’ “ Understanding that Government declined to interfere, I then directed the issue of money to proceed. Having appointed the Treasurer and issued warrants, I could no longer withhold payment of the just claims of the public. “ I hare signed warrants, and the monthly payments have been made. I am at a loss to see how a question can now be raised. I entertain no doubt myself as to the legality or propriety of my action, and see no reason t» act otherwise than I am acting unless restrained by competent legal authority. “ Executive meets at noon to-morrow, when I will put your telegrams, as requested, before them. (Signed) “W, Rollesxon.” “ To Sir Cracroft Wilson. “I have received this telegram this morning, and forward it for your information. “ W. Rollesxon. “ 9-6-76.’’ [Telegram.] "Government Buildings, 8 5 76. “ To His Honor the Superintendent, Christchurch. “No 2120 —In telegram of Ist May the Government sent you Solicitor • General’s opinion, as you requested; It was so obviously undecided that we did not think it necessary to add his opinion that you were not entitled to ask for it, and that you should trust [to your own legal adviser. Subsequently, when you sought further advice, informing us that you had made the appointments, ‘acting on advice of SolicitorGeneral,’ we deemed it unnecessary to send the view of the Solicitor-General that you shoull be guided by the advice of your Executive and their and your legal advisers. We also intimated that you should not expect indemnity for illegality on receiving printed correspondence, to which you alluded in your telegram, we thought it necessary to send you the telegram on Saturday. We are quite content not to interfere if it be clearly understood you are acting on your own responsibility. (Signed) “ Chas 0. Bowen. “ la absence of Colonial Secretary.”