HOUSE OF REPRESENTATIVES.

Globe, Volume VI, Issue 697, 13 September 1876, Page 3

HOUSE OF REPRESENTATIVES.

Monday, September 11. GOLDFIELDS CHARGES, Mr Woolcock asked if the Government would introduce a Bill to adjust the gold fields charges, and place gold miners on the same footing as regards taxation as other industries and persons in the colony. Hon Major Atkinson said that the Government would consider the subject during recess. CIVIL SERVICE ACT, A Bill was introduced and read a first time to remedy certain defects in the Civil Service Act, and to remove certain doubts as to the position of certain members of the Executive. DISQUALIFICATION. The Premier then moved the suspension of the standing orders in order to carry the Bill through all its stages, so as to remove all technical difficulties in connection with the matter, and in so doing said that he felt bound to say that there was nothing more than a technical difficulty. If the House thought the hitch was one that came within the true meaning of the Disqualification Act, he would not ask to proceed with the Bill, but if they did not, he would ask that the Bill be read a second time that evening. Sir G. Grey said that, over and over again he had pointed out that certain members of the Government were not entitled to sit upon the Government benches, and he had announced his intention to contest their position before the courts of the colony, and he now appealed to the House not to intervene between himself and the members of the Government. The Attorney-General ought to have known that he had no right to have occupied the position he did any more than he had to get the Piako Swamp transaction legalised ; |a [transaction which his Excellency should have withstood and should not have allowed to have been allowed to be legalised. He insisted that the members of the Ministry ought not to sit upon the Ministerial benches until the courts of the country declared that they had a right to sit there, and he ventured to inform the House that, if any of those members went again before their constituents, they would never again have a seat in that House. The hou member then went on to pointoutthatthepresentoccupants of the Government benches had destroyed the Government of the country in the true sense of the word, and that they were corrupting the spirit of the people, rendering them servile and money-grubbing. The hon gentleman referred to the Piako Swamp transaction as an instance of what Government had been in the habit of doing. He asked them now, if they had a proper feeling, to resign their and allow the law to take its course. They had been advised wrongfully by the Attorney-General, and he wanted them to stand up manfully to their position, and abide by it. The hon gentleman announced that he would avail himself of all the forms of the House to resist the passing of the Bill introduced by the Premier. Mr Rees protested against the Standing Orders being suspended. In the meantime the majority of the Opposition members withdrew, leaving the House with less than two-thirds present, which should prevent the Premier’s motion being carried. Mr Montgomery suggested that the Ministry should allow the debate to be adjourned till to-morrow, so as to give them an opportunity of considering the exact position of affairs, and enable the report of the select committee to be brought up and allow them to tell how much wrong had been done. He therefore moved, as an independent member—“ That the debate be adjourned.” Mr T, Kelly could see no reason why the debate should be adjourned. Mr Wakefield said that this was no mere technicality, but a deliberate attempt to set aside the law of 1872, which limited the number of Ministers to seven. This was made perfectly clear by the announcement of the Ministry the other day, when it was stated they intended to bring down an Act to legalise the increased number of Ministers. He opposed the suspension of the standing orders, though he was prepared to make any sacrifice in order to get the business of the House forwarded. He could not allow such a vicious precedent to be established without protest. The Ministry thought they had achieved a great triumph when they dropped the member for Waikato into the Ministerial ranks: but their triumph was lil'e that of the Trojans when they dragged the wooden horse inside the walls of Troy. It appeared to him they would do anything to preserve their seats. He would oppose the Bill to the very utmost. Mr Whitaker proceeded to explain that if there was any doubt at all about the point it was very little. He asked the House to negative the motion for adjournment, and he would make the motion for introducing the Bill an order of the day for to morrow. Mr B. Wood said the Ministry bad distinctly broken the law. The spirit and intention of the Act was that _ the members of the Ministry should be limited to seven, that was why the two clauses were inserted, and for nothing else. He hoped the House would not allow the measure to be burr Led through that night, and prevent the Ministry facing the question now raised by the member for the Thames in the Courts of law. Mr Stevens thought it inexpedient to push the measure on that evening. The Premier pointed that there was no desire on the part of the Goverumeut to hurry on the Bill. They were prepared to allow the House to deal with the matter then if it thought that course was expedient, but they had an objection to allow the House to consider the matter in committee. The motion for the suspension of the standing orders was then withdrawn, and the Bill made an order of the day for to-morrow. committee of supply. At 7 30, on the motion for going into committee of supply, MrMußßAvmoved an amendment of whim he had previously given notice, namely, “ That on a change of Ministry the members of the new Cabinet should go before their constituents for re-election before beii g appointed to a seat in the Executive.” Mr Eeid supported the resolution on constitutional grounds. The Premier pointed out the danger that would arise from carrying such a motion 1 y preventing the business of the country beii g carried on, if the gentleman who happened to command a majority of the House was temporarily unpopular to his constituents. He therefore hoped the House would reject the motion of the hon member for Bruce. Mr Rees enlarged upon the necessity of I members going before their constituents before taking office as Ministers when there

was a change of Government. The hon member went on to show that throughout the colony there was great dissatisfaction at the position of affairs, and that the feeling was daily becoming stronger and stronger. They had been told that last year the country was appealed to, and that it responded in favor of Ministers ; but ho appealed to the House to say if the country did not return twice as many against the Ministry as there were last year. After considerable discussion the amendment was lost by 26 against 22. The House then went into committee of supply, and after a vote for the Customs department was put, progress was reported, and the House adjourned at 2.15 a.m. Tuesday, September 12, LEAVE OF ABSENCE. Leave of absence was granted to Mr Teschemaker for ten days. THE LATE COLONEL ST JOHN. Mr Henry asked whether the Government would consent, without the intervention of an address to the Governor, to place upon the additional estimates such a sum as would bestow on the widow of the late Colonel St John, the same scale of gratuity as allowed to other widows, namely, two years’ pay. The Premier said the Government did not intend to do what was required. PROVINCIAL OPTIONAL ABOLITION BILL. Sir G. Grey gave notice to introduce a Bill to make abolition permissive in each province. BILLS PASSED, The following Ribs passed : —Juries Act Amendment Bill, Debtors and Creditors Bill, Stamp Act Amendment Bill, SECOND READING. The Treasury Bills Extended Currency Bill was read a second time. DISQUALIFICATION. The interim report of the Select Committee to enquire into the position of the Ministry, was brought up and read. It was to the effect that the Disqualification Act, 1870, had been infringed by the present Ministry. The Attorney-General introduced a Civil Lists Act Amendment Bill, and moved the second reading, and went into a lengthy explanation to show that in the English House of Commons a similar mistake had been made in the case of the Marquis of Hartington. The hon gentleman then quoted from the English Hansard to show that the practice of the English Parliament was to remedy in the speediest way possible any mistake made by Ministers in regard to the composition of the Ministry. In any case, he felt bound to say that he had given the matter a good deal of consideration, and although opinion was against him, he could not but say that he thought the Disqualification Act was not infringed. The hon member went on to state the position of the case, and asked how they were going to decide which of the Ministry were disqualified. It all rested on the fourth section of the Disqualification Act of 1873. The hon gentleman went on to argue at considerable length to show that the Ministry were not disqualified in any way ; that anything opposed to the Act was only inferential, not specific, as in such a case all objections ought to be. Mr STOUT argued at considerable length to show that the position of the Ministry was bad. The debate was interrupted by the 5.30 adjournment. When the House resumed last night, the debate on the Civil Lists Acta Amendment Bill was continued for a couple of hours, without any result being arrived at, until Mr Ballancb pointed out that under the circumstances the best; course would be for the Ministers to meet and settle which two of them would resign, which would bring the number of members of the Executive within the limit of the Act, and then to aak the House to pass an Indemnity Act condoning the past. In order to give Ministers an opportunity of considering this, he moved the adjournment of the debate. The suggestion was accepted by the Government, and the debate adjourned till 7.30 next day. Sir G. Grey then moved the adjournment of the House, and no objection being taken by the Government, the House adjourned till 2,30 next day. POLITICAL NEWS. (From a correspondent of the Press ) Wellington, September 12. The already notorious writs were served on at least four Ministers to-day. Due care was taken to make the service as officious and stagey as possible. They were probably held back till the Disqualification Committee had reported. At any rate, as soon as their report got abroad, and as the members gathered in the lobbies at the opening hour, a bailiff was prominently placed so as to intercept Ministers asthey entered their room. Thus four Ministers, Hons Major Atkinson, E. Richardson, G. M‘Lean, and J. D. Ormond were served with writs. The writs are in the ordinary form of Supreme Court process. Eight days are allowed for pleading, and the plaintiff claims ten guineas costs. The plaintiff is Sir George Grey, and his solicitor Mr Rees. The declaration is as follows: 1, “ That on the Ist day of September, 1876. his Excellency the Governor of New Zealand was pleased to appoint the following persons to the following offices. [The names of the several Ministers and the offices they hold are here recited,] 2. That none of the persons hereinbefore mentioned were of the Maori race or half-castes. 3, “That on the said Ist day of September, and at the time of such appointment being made as aforesaid, all the said persons appointed as aforesaid were members of the Bxeculive Council and were also members of the House of Representatives or the Legislative Council. 4. “ That since the said appointment of the said several persons to the offices set opposite their respective names as aforesaid, and while holding the said offices, alljthe said persons, including the defendant, have in contravention of the Disqualification Act, 1870, and the Civil List Act, 1863, Amendment Act, 1873, sat as members in the House of Representatives on the days following : that is to say—lst, 2nd, sth, 6th, 7th, and Bth days of September instant; and the said Daniel Pollen in the Legislative Council, as a member, on the same days. 5. The plaintiff sues the defendants under and by virtue of the 12th section of the Disqualification Act, 1870, for the sum of £IOO for each and every of the days on which he so sat as aforesaid. Wherefore the plaintiff claims the sum of £600,” It is said that other writs are in preparation, but have not yet been served, at least, this evening Sir Julius Yogel had not received his. The following is, however, published on the authority of Mr Rees. The declaration against Mr Whitaker claims

£SOOO on four counts. 1. That he has sat in the House while interested in the Piako Swamp contract. 2, That he has been con cerned in the contract while sitting. 3. That he has sat while Attorney-General. 4. That he has sat while holding office with eight others. The writ against Dr Pollen is not yet served, the amount claimed from him not having yet been accurately computed. It is in round numbers £17,000, the contention being that he has violated the law since he first sat in the Council. The writ against Sir D, McLean is also not yet served. It will be for penalties for seven years’ sittingfin the Housejjwhile an officer of the Civil Service. The amount will be upwards of £IO,OOO. A writ has also issued against Sir J. Vogel for £4400, because ho was interested in a contract with the Executive Council to go home to settle certain business. Shortly after the House met Hon Mr Whitaker moved the second reading of the short Bill, by which ho meant to remove the technical disqualifications of Ministers. He was followed by Mr Stout, who positively perpetrated a joke, but forgot to say it was his own, with much solemnity. He proposed, as an amendment to a particular clause of the Bill, the following—- “ Notwithstanding anything in the Civil List Act to the contrary, it is hereby declared that the Hon J, Hall and the Hon George M'Lean shall be and are deemed to be half-castes within the meaning of the said Act,” There is an evident determination to cause the Ministry ajl possible trouble over this technical difficulty, even to their disruption. On the motion for suspension of the standing orders last night, the Opposition members evacuated the House so as to prevent a quorum for that purpose being present, and Sir George Grey threatened he would oppose the Bill to the utmost of his power.

{Per Press Agency

Writs were formally served to-day on all the Ministers at the instance of Sir G. Grey by his solicitor, Mr Rees, Sir Donald McLean and Dr Pollen alone excepted, but it is understood that against the former the amount will be about £12,000, and against the latter £17,000. The plaintiff (Sir G. Grey) sues the defendants under section 12 of the Disqualification Act, for £IOO per day, in all £6OO. Eight days are allowed for pleading. The declaration against the Hon Mr Whitaker has four counts, and claims £SOOO. First, that he has sat in the House while interested in the Piako Swamp contract; second, that he has been concerned in the contract while sitting ; third, that he has sat while Attorney-General ; and fourth, that he has sat while holding the office with eight others. A writ has also been issued against Sir for £4400, because he was interested in a contract with the Executive to go home for certain purposes, from which he would derive emolument, although at that time having a seat in thej Legisture.