GENERAL ASSEMBLY

Globe, Volume VII, Issue 717, 6 October 1876, Page 3

GENERAL ASSEMBLY

{Per Press Agency.') HOUSE OF KEPRESENTATIVES. Thursday, October 5. The House met at 2 30. LEAVE OP ABSENCE; Fourteen days' leave of absence was given to Captain Russell. ABOLITION. Sir G. Grey asked the Government if they would lay before the House copies of all correspondence, opinions, or advice from the law officers of the Crown in London, to the effect that the action taken by the General Assembly in regard to Abolition Act was not and is not ultra vires. The Premier said Government were not in possession of any correspondence, opinions, or advice from the law officers'of the Crown. The process gone through was, that any Colonial Act sent Home to the Colonial Secretary was submitted by him to the law adviser of his department, and if he found no fault with it, he returned it, and it was then sent to the President of the Privy Council, and by him to the law officers of the Crown, the Attorney-General and the bolici tor-General, and her Majesty then assented to it or not as she might be advised, or disallowed it, or left it to its operation, and he had no doubt this was the course adopted in regard to the Abolition Act, and that as the Act was left to its operation, he assumed it was not ultra vires. Sir G. Grey was not satisfied with the the reply, and went on to argue that in their memorandum they wilfully misled the House and country in using language in the reply to Mr Macandrew that implied that the Government were in possession of an opinion of the law officers of the Crown in London in relation to the Abolition Act. In consequence of the importance of the question, the hon member moved the adjournment of the debate. Mr Stout followed in a similar strain, saying the action of the Ministry in this matter was anything but creditable. Hon C. C. Bowen pointed out that an Act sent home was considered with the greatest care, and submitted to not one or two *aw officers, but to several, before an Act was disallowed or left to its operation. Mr Bees said that the Act could not be assented to by the Queen, inasmuch as two years had not elapsed since the Act had been sent home. As a matter of fact she should Rot assent to it yet. In the face of this they found a Ministry misleading the Governor by allowing him to believe that the Abolition Act was assented to by her Majesty. He believed that from the way things were shaping themselves, her Majesty would be very strongly advised to withhold her assent from that Act. He asked what confidence could be placed in a Government that could be guilty of such equivocation. Hon F. Whitaker said they were making a great deal out of nothing. The Governor was the delegate of her Majesty, and in that capacity he gave her Majesty's assent to the Act, and left it to its operation. He denied there was any incorrect statement in the memo referred to, ' and quoted a constitutional authority to show that the assumption and statements of the Government were correct.

Mr Shebhan pointed out that when the Abolition Act was about being passed, the Government were warned that they were

doing an illegal act, and yet they allowed about two years to go by without ascertaining definitely from the law officer at home whether they were jugMfied in taking the course they did. Knowing the deepfeelingthat existed in the colony over the question of abolition, Government owed it to the people of. the colony to show them plainly that their action was not ultra vires. The hon member then argued in the same direc tion as Mr Stout, that the Ministerial memo, replying to Mr Macanclfew, was a one-sided and unfair statement. It led everyone to suppose that the Government absolutely had a distinct approval from the Crown law officers. Mr Sheehan, in the course of hin remarks, pointed out that the Hon F. Whitaker was most careful in avoiding to give an opinion as to whether the Abolition Act was ultra vires.

Hon F. Whitaker replied that he had no desire to intrude his opinion, but since he was challenged to do so he would say that after the most careful consideration he could possibly give the question, he held that the Abolition Act was not ultra vires.

Sir G. Grey then pointed out the great injustice done to the Opposition, and the unfortunate position they were placed in, by the memo of the Government being sent to every hamlet in the colony, with a misleading effect, and they had not the same facility for sending telegrams as the Government. The hon gentleman went on to argue as before, that the Abolition Act was illegal, and in the course of his remarks said the Governor had not made a candid statement, but was called to order. He then put it, his Excellency had not been advised to give that candid and full statement which so important a subject demanded. The motion for adjournment was negatived. FIRST READING. A Bill was introduced and read a first time for securing the freedom of election and the independence of Parliament. PRESS TELEGRAMS. Mr Joyce moved that the charges for press telegrams should be uniform. The hon gentlemen argued against the unfairness with which evening papers were treated. He considered the low rate of charges for night messages was practically a bonus to morning papers. It would be just as reasonable for Government to say to the public, if you pay your Customs charges at night we shall allow you a 50 per cent reduction.

Hon F. Whitaker pointed out that the evening and morning papers eDJoyed exactly the same privileges. During the day each paid day rates, and each could avail themselves of sending telegrams between 5 and 8 p.m. The hon gentleman read a return to show that the press of New Zealand was more favored in the way of telegraphy than the press in any of the other colonies. After detailing what privileges were enjoyed by evening papers, he said that under the circumstances he must oppose the resolution. Mr Rees said if the granting of what was asked would interfere with the interests of the public, as was stated, then let them increase their operators. Mr Murkay opposed the motion, and drew attention to the large sum that Government telegrams cost. Mr Manders supported. Mr Barfp said all the proprietors of evening papers felt themselves deeply aggrieved at not being placed in the same position as morning papers. It had been stated that when the change was made in the press telegraphic charges, that the Government had carefully considered the politics of the morning and evening papers, and as the majority of evening papers were hostile to the then Ministry, tneir charges were increased as a punishment. Mr STOUT considered all newspapers should be placed upon the same footing Hon W. H. Reynolds deprecated members calling out for retrenchment, and at the same time demanding concessions for one thing and another. He pointed out how unreasonable it was to aak for these concessions, especially when the department was not paying expenses. The motion was carried by 26 to 14. SURVEY OF CLUTHA RIVER

Mr Pyke moved —" That the House tomorrow resolve'itself into committee of the whole to consider an address to the Governor, requesting that he would recommend to the House a appropriation of £2OO to defray the expenses of a survey of the Clutha river, with the view of ascertaining the practicability of the navigation thereof to the. Wanaka lake, or any intermediate point." The hou gentleman proceeded to show from data that the whole river could be made navigable at a very small cost, and enable that part of the country to do without railways for a century to come. It was Nature's highway into the interior.

Hon K. Richardson said if hon member would withdraw his motion he would undertake to make such a survey as seemed to be required, and if that survey bore out what the hon gentleman would make the Government believe, he thought there would be no difficulty in obtaining a vote to make the river navigable. Mr PYKE'withdrew the motion, but hoped care would be taken that a competent person would be appointed to perform the survey, MANAKAU HARBOR. Mr O'Borice moved for placing a sum of money upon the supplementary estimates to maintain a steam launch for the Manakau Harbor. He argued that on the score of economy and efficiency it was advisable a steam launch should be procured. Hou G. McLean thought this was a cage in which a steam launch could be very well dispensed with. They had a small steamer there that could always be obtained at a very small cost, as compared with the cost of maintaining one, The steam launch previously obtained had not turned out a success. The Stella, he explained, was intended to serve lighthouses, lifebuoys, and go on surveys. Mr Hamlin said the Commissioner of Ciißtoms was mistaken in supposing he could get the steamer at Mauakau when he choose. The people would grumble if she were taken off her trade. Mr Maceaklane and Mr Beynoldb opposed the motion strougly. The discussion was interrupted by the 5.30 p.m. adjournment. LAST NIGHT'S SITTING. The House resumed at 7.30. forest act repeal, Upon the motion for the committal of the Forests Act Kepeal Bill the Hon C. C. Bo wen explained that they wanted to make it an amending Act, merely repealing the clause that provided for putting away annually and appointing forest conservators,

Mr Reid moved—" That the whole Forest Act be repealed, and that the provisions of the Act of 1874 sought to be retained, should be introduced into the Waste Lands Act," which he considered the proper Act for them to appear in. Mr Macparlane was willing to take the mind of the House upon it, and if it decided so, he would accept the amendment of the Minister of Justice.

Eventually the Bill was carried as a Repeal Bill by 36 against 18. NEW ZEALAND UNIVERSITY BILL. The New Zealand University Bill was read a second time. BILL PASSED. The Rabbit Nuisance Bill was passed. The House adjourned at 1.20. POLITICAL NEWS. Sir G. Grey is credited with endeavouring to establish a division in the ranks of the Ministerial supporters. He telegraphs to Mr Lußk to return to Wellington immediately. Mr Lusk does not conceal this fact, rather lets it be known. The Auckland Ministerialists telegraph to Wellington to know what it is all about. The Wellington Ministerialists cannot tell ; they know of no other symptoms of a revolution than Mr Lusk's return, and aver that one swallow does not make a summer, but those more in the confidence of the Opposition than Ministers are, insinuate that another attempt will be made to construct a stone wall, and that the attempt will be made towards the close of the session, when the Ministerial members will have departed or become fatigued, The only sign confirmatory of this is Sir G. Grey's continued action on the subject of abolition, though he and his party are going through the Counties Bill with the apparent desire to fit the same to the condition and requirements of the country. There is always an anti-abolition ring about the speeches, and another tussle is evidently impending. The Financial Arrangements Bill will be much better comprehended to-morrow, when Major Atkinson's statement is made, than by any attempted telegraphic summary of its contents — ergo such has not been forwarded.

Sir G. Grey's Provincial Permissive Bill was the first order on the paper thia evening, but bas been postponed by the mover till this day week. There is evidently a desire to prolong the agony, but there is no chance of its being passed. The strength of the sides is sufficiently distinct, and the only hope of the Opposition is setting up, as is now suspected, a stone wall at the end of session. Meantime, the impression here is that Mr Macandrew has in his last manifesto retreated from his position, fhe business now proceeding consists of local Bills, which are being considered in committee.