GENERAL ASSEMBLY.

Globe, Volume XX, Issue 1429, 13 September 1878, Page 3

GENERAL ASSEMBLY.

[TER TRESS AGtSKOT.] LEGISLATIVE COUNCIL.

Thursday, September 12. RETORT OF COMMITTEE. In the Council to-day the report of the committee on tho Repeal Bill was brought up. It recommended that the precedent afforded by the English Act of a like character should be followed. CALL OF COUNCIL. Captain Eraser gave notice that ho would move for a call of the Council for the 25th inst. MUNICIPAL CORPORATIONS BILL. The second reading of the Municipal Corporations Act Amendment Bill was fixed for Tuesday next. ADMINISTRATION BILL, The Council then went into committee on tho Administration Bill, which was proceeded with to the 37th clause, when progress was reported. REGISTRATION BILL. Tho Registration Bill was then considered for a short time, and progress reported. BILLS POSTPONED. The Counties Bill was further postponed, as was tho further consideration of several Bills in Committee, in tho absence of tho Colonial Secretary. SHEEP BILL. Tho Committee proceeded with the Sheep Bill. Clauses 20, 21, and 22 were postponed. The 43rd clause had been reached at 6 p.m, THE COLONIAL SECRETARY. Colonel Whitmore was not present during tho afternoon. He is unwell, and was unable to take hia seat, HOUSE OF REPRESENTATIVES. Thursday, September 12. Tho House met at 2,30. CATHOLIC PETITION. Mr Barton presented petitions from 306 Catholics of Wellington, and 109 of Wanganui, praying for Government aid to their schools. NOTICE OF MOTION. Mr Fox gave notice to move for a Select Commit l eo to inquire into the retirement of Messrs Searauke and Baird from the Govern-

ment service, and “the dismissal of Messrs C. O. Davis and Grindell, and tho cancelling of their licenses as interpreters. GOLDFIELDS REVENUE, Mr Barff gave notice to move that goldfields revenue be considered counties revenue, for the purposes of tho Financial Arrangements Act, 1876. LICENSING BILL. In reply to Mr Wakefield, Mr Sheehan said the Government did not intend to go on with tho Licensing Bill this session. statement on native affairs. In reply to Mr Sutton, Mr Sheehan said that if tho House would sit on Mondays, he would make his statement on Native affairs on Monday next, and would thereafter move tho second reading of the Native Lands Act. FIRST READINGS. Several Bills wore road a first time. MONDAY SITTINGS. The Premier moved—“ That tho House for tho remainder of the session will sit on Mondays at 7.30 for tho transaction of Government business only, and that on Thursdays Government business take precedence.” This was agreed to after some discussion. TAXKKt BRIDGE, Mr Green moved—“ That t he House will on Wednesday next resolve itself into committee of tho whole to consider a respectful address to the Governor, requesting him to be pleased to make tho necessary provisions for the construction of a bridge across tho Taieri River at Hyde.” Mr Macandrew could not support the motion. If the proposal wero agreed to, there would be, at least,, fifty applications, which would require about half a million of money.

Mr McLean pointed out that after the way in which certain districts had been favoured, he thought the Government ought to see their way to let tho motion pass.

Mr Sheehan said the Government dare not risk entertaining snob a proposal, as every member would then bo compelled by his constituents to bring forward such motions. A stand would have to be made or tho session would never bo over.

Considerable debate followed, in which Major Atkinson said that in consequence of the absence of any effort of the Government to provide for such cases as this, ho should bo compelled (o support all such motions, in order to drive the Government into dealing with tho question upon some sort of broad principle. Tho work to bo done would have to be faced, as it would keep coming up year after year until the inequality was removed. Ho thought when tho estimates came on tho House would bo startled at the amount of public works.

Mr Bunny trusted the Government would strongly oppose all applications of this kind. This was the natural result of abolishing the provinces, and he hoped all those who supported that change would bo made to feel the evils arising out of it. Mr Delatour wont into the whole history of the bridge to show that if tho Government agreed to any work of this kind, this particular work ought not to be overlooked.

The Pbemiek reviewed the position of parties last session, to show that any blame to be attached to anyone for the difficulties arising now out of this question of providing for special works, was solely due to the members of the late Ministry, who robbed the people of Auckland of their rights and for years neglected them. The hon. gentleman denounced the acta of the late Oovermnent in legislating for their friends belonging tojthe favored class. (As the hon, gentleman travelled over a wide field, a good deal of interruption ensued on question as to whether he was in order in so doing.) On resuming the thread of his argument, the hon. gentleman said that,until such time as the Government could devise some comprehensive measure by which they could deal as a whole with the evils loft them by the late Government, they would adhere to the principle they had already announced; but they absolutely declined to make any promises in regard to works of the kind under discussion in order to purchase votes. Mr Wason said that the hon. gentleman who had just sat down had heaped a good deal of abuse, justifiable or otherwise, on the member for Egmont, and talked of the members of that Ministry being practically in the piy of tbo privileged classes, but whether there was a privileged class or not, it was quite clear that there was at least one privileged person in the Rouse, who seemed f o enjoy the privilege of making all sorts of charges, which if made by anybody else, he would have caused the finger of scorn to be held up to him. Mr Thomson said that the Premier claimed the credit for localising the land revenue. Well, if he (Mr Thomson) had known that the hon. gentleman at the head of the Government was anxious to seize the land fund, he for one would not have supported him for a moment.

Mr Moss defended the Premier, and said he was astonished at the jibes and sneers with which that hon. gentleman was constantly assailed in the pursuit of the high and noble aims lie had set himself to achieve. After considerable further debate, Mr Green said he would have scarce dared bring his motion forward at all had he known that it would have been made a means of enabling the whole policy of t his Government and the previous one, if not the whole history of the colony, being gone into. A division was then taken, and the motion was lost by 48 against 9.

EVENING SITTING. The House resumed at 7 30. JUDICIAL COMMISSION BILL,

Mr Delautour moved tho second reading of the Judicial Commission Bill. Ho explained that its object was to ascertain by commission as to the authority of Judges of the Supremo Courts to commit persons to gaol, and especially as to authority by which Mr Barton was committed to gaol for one month. Though the Bill was drafted with every care, to avoid making any direct or indirect charges against any of the Judges of the colony, he argued that it was only proper the people of the colony should have the power, by means of their representative institutions, to remove any judge for misbehaviour by address to the Governor. Ho argued that there was no law in England investing judges with the power of committal. Any powers they possessed dated before Magna Charts, and the judges contended that Magna Charta confirmed that power, and Blsckstone argued that it was absolutely imperative that judges should possess such a power in order to maintain tho dignity of the Court. It appeared to him that the power arrogated by the judges was that tiio Court was the only judge as to what was or was not contempt of Court, and they claimed the power of indicting what punishment they might deem right. Ho contended that such an arbitrary stretch of authority was exceedingly unwise. It was, in fact, a greater power than was possessed by Parliament, and that brought them face to face with the fact that the lessor Court exercised greater power than Parliament, tho highest Court of the colony. Tho judges claimed to possess these powers by statute, though lie believed they obtained them only by usage ; and if one case was to bo made a precedent for another, they would be almost certain to reach, by a natural gradation of steps, tho grossest abuses. He then argued at considerable length on tho necessity for Parliament watching with the greatest vigilance tho powers exercised by judges. Ho failed co see how the restriction of the present powers claimed by the judges could in any way impair their independence. He read portions of tho correspondence between Chief Justice Arney and Judge Ward, and between the Chief Justice and Mr Fox, with regard to the admission of Mr Srnytides, to show that constitutional law and usage was against allowing a judge to exercise the power of suspending any barrister, unless for malfeasance. Ho then went over the whole circumstances which led to the disturbance between Mr Barton and the Judges, and the imprisonment for one month to which Mr Barton was subjected for contempt, in order to show that there was justification in asking for an inquiry into tho matter. The powers claimed by judges were exactly analogous to the royal prerogative claimed by royalty in times past. He spoke for nearly two hours.

MrSiiKEHAiT thanked the lion, 'gentleman for the calm and remarkably able manner in

which he had laid the whole case before the House, But, in consequence of the hon, gentleman’s speech being of so elaborate a nature, and abounding as it did in quotations, authorities, and references, he thought it would not be asking too much to ask an adjournment of the debate, to enable them to sec the whole speech in black and white, and have an opportunity to master the particulars of all the charges made. The question was far too important to be dealt with hurriedly. He therefore moved the adjournment of the debate till Tuesday next. This was agreed to, all correspondence and papers connected with the matter, in the meantime, to be laid on the table.

RAILWAY COMMUNICATION WITH NELSON AND MARLBOROUGH.

The following letter has boon addressed by the Bishop of Nelson to Sir George Grey : - Dear Sir George,—l trust to the importance of the interests involved to justify me in resorting to the rather unusual course of addressing you publicly with regard to a measure proposed by the Government of which you arc the head.

I do not take part in politics, nor do I wish to do so. It does not affect the discharge of my duties, so long us the Government of the country is honestly conducted, who is in the Ministry or who is in the Opposition ; but when any great wrong is being done, and when the temporal interests of those whoso welfare I try to seek are imperilled by action that can bo prevented, I consider that I should be unworthy of my post if I did not take every means, at all events, of exposing the wrong, and endeavoring to get it redressed. Such a wrong is, 1 conceive, on the ovo of being done, in tire departure, with regard to the Northern portion of this island, from the general scheme of railways which was promulgated and accepted by the Legislature as a scheme to bo carried out in its entirely before any further proposals were entertained. I cannot believe, sir, that you can bo aware of the distinctness of the undertakings and promises made to this partof the South Island, and especially as regards Nelson, prior to the Public Works policy of 1870-73 being adopted; made at a time when as yet you had not returned to political life. In the first place, nothing can bo more certain than that the lino from Nelson via Eoxhill to the West Coast was on the eve of being constructed, but was withheld from being floated on the sharemarket on the understanding that the wants it met would bo provided for by the general scheme. It was not an unreasonable request that the private line should be withdrawn, but it was a thoroughly understood condition of withdrawal that it should be replaced by an equivalent.

But even had there been nothing of the kind, the scheme of 1870-73 certainly contemplated the creation of great trunk lines ; opposition to other measures was silenced, and this was accepted as it was, because it formed an equitable and statesmanlike proposal to make a line from one end of the island to the other in both cases.

The particular route was not fixed, nor do we complain now of its being fixed in one place rather than another, but the various routes were plotted on the maps published by authority, so that by one way or another, by east or by central lines, it was unmistakably stated that the policy of trunk lines was proposed, and it was accepted by the country on the understanding that until tin's scheme was carried out it would bo an infringement of a public national compact to propose any fresh disposition of now lines of railway. I thinK, sir, I am justified in saying that every £1 spent in land and improvement of property in the provinces of Kelson and Marlborough since that time has been spent with a knowledge of that intention existing, and this in no speculating spirit, but by way of fair expectation and investment. Men thought they could trust Governments and successor’s to Governments for the maintenance of leading schemes, that they would not repudiate engagements upon the integrity and stability of which the very life of commerce and trade depends. The working man, the artisan who is able to enjoy the privilege of bis much coveted own house and land, however small, made his purchase quite as much as the man of ample moans on the faith of the policy laid down and agreed to being carried out, and there are not a few of this class in and about Nelson and Blenheim who will be seriously affected by the Government proposals. If tho scheme bo carried out, what must ensue ? Tire speedy departure and extinction of the West Coast trade, such; as it is, from Nelson, and that implies a great deal of suffering and privation, which it is the business, I should have thought, of a Government not to inflict, but to avert. There is no necessity to draw pathetic pictures of what will certainly be the case, as to the upsetting and destruct ion of the homes of, I may fairly say, some hundreds, if not far more, of working people, who I think deserved better consideration at tire hands of the Government; I cannot, however, forbear calling to mind the touching picture you yourself drew of the poor man’s family, whom you represented so graphically to irs at Nelson as suffering at tire hands of the squatter. At whoso hands is he now suffering? Nelson and Marlborough as a rule are not tho emporiums of capital or capitalists ; they are colonised by working people, for whom we were told so much w'as to be done; but instead thereof what do you present us with but the enforced destruction of trade and the arbitrary uncalled for departure from recognised engagements and well attested pronrse--. I fear the promises made to other locjhties are so unexpectedly great beyond their largest hopes that they have no care to consider such distant places as Nelson and Marlborough, and it is therefore only in appealing to your sense of honor that we have any hope. There must surely bo some measures which descend from Government to Government which are outside the pale of ordinary politics, and if any are such, surely this was one ! Wo admit thoroughly that such an arrangement was only confined to tho trunk line, and that all future and larger developments were to be matters lor discussion, and were not, as in the point at issue, matters of what we may call national agreement. A stranger looking at the map of New Zealand, with its railways marked thereon as your Government proposes to make them, would, when he secs the harbors, rivers, and general contour of the country of tho northern third part of the Southern Island, bo surprised at the abrupt termination of the railway system, and would say, this country must surely bo destitute of timber, or water, or coal, or copper, or slat e, or marble, or gold, or soil, or inhabitants, otherwise what can account for the profusion of railways elsewhere and their sudden stoppage here, if these things were in existence ? There would surely be at least as muph us one main line with plain roads feeding it, it must consist, a stranger would think to himself, of barren lulls, of an inclement climate, of worthless ground that can grow no crops, no wool, no fruit. You, Sir George, know from your own knowledge how far this conception would bo from tho truth, and yet it would bo no unfair inference from an inspection of a railway map of Now Zealand, delineated as MrMacandrew proposes, with two linos southward of Now Zealand to tho West Coast, and cutting off an area of nearly fifteen million acres from participation in tho privileges of the rest. So far from this being the case, I submit that considering the population of Dunedin and Christchurch, and we msy add Melbourne, of which Grey mouth is now called a suburb ; it might, perhaps, be worthy of a statesman to provide for such populations, access to and from a place like Nelson, for evidence is forthcoming that many desire to settle permanently in New Zealand, if such a placo as I Nelson is moderately accessible to tho centres of business.

Even if we were asking for a now line to a new country, sucli as this is, which required opening up, we should bo justified in doing so, for the climate of Nelson, which is a permanent and natural, notan artificial endowment, is more than a mere pleasing accident, it ij of marketable value. There are a come of places in England and T^alas— Scarborough, Rhyl, Bournemouth—which are nothing in themselves ; but the enjoyment of a few more elements of ozone or sunshine during the year has made all the difference in them, and they have become, simply from climate, centres of population, and 1 ‘hesitate mot to claim the

same for Nelson. I have lived here for the last ten years, but you, _ Sir G eorge, have known it longer, and it is needless now to insist upon what is almost a world-wide proverb, the beauty, pleasantness, and healthiness of the climate of Nelson, Tins is a commodity sought for; sought for by Victorians, Indians, and English, and it is a commodity which will bring, if fairly treated, a large capital into the count,ry, not only to Nelson and Marlborough, but to New Zealand. Indians will not settle in more southerly localities, but they come here with a certain capital, and they only need the inducement of a regular communication between the place where they reside and the places in which they very naturally wish to invest their capital. In common with many in Nelson, I cannot think that your Government wish unnecessarily to attach to their memory the record of what appears to the people of this part of the South Island in the light of a great political fraud. If you can show us that no promise or implied undertaking, direct or indirect, was made as to a trunk line, I will gladly withdraw my application, and the imputation which, if true, it involves. But the more I look into the matter the more I feel confident of the justness of the cause I am thus advocating, and also the more persuaded I am of the duty of making every protest against such wrongful dealing with such largo portions of the community which do not deserve such treatment.

If I interpret rightly the feeling of our people I may say we do not exaggerate the probable result to ourselves of your colleagues’ Bill. Wo know it will bo too late to lament whon the Bill is past, but we hope there exists in the Ministry and in the House enough men with a sense of honesty strong enough to prevent the passing of so unfair a distribution of taxation, and so unequal an expenditure of money, which will have to bo guaranteed if not raised, by a common widespread taxation. We do not envy others, we are not envious because they have a sop given them to hush their complaints, and wo only complain of broken promisee, violated compacts, and the disregarding of reasonable expectations. Surely, Sir George, it is worth while pausing before an Act is passed which will create a permanent feeling of wrong. It is my duty as a Christian minister to urge men to contentment and to moderation, but it is no duty of mine to encourage them to allow themselves to bo trodden on and despised. You may have the power, the actual number of votes to carry this or any other measure sacrificing the interests of minor portions of the country, but neither you nor your colleagues can expect that we shall for five years sit down in silence beneath a blow, which taken in connection with the previous circumstances and understanding, attains the proportion of a tyrannical action, and which must recoil ultimately on the heads of those who make it.

We do not grudge others, we do not wish to deprive them, we only ask for the carrying out of the original plan, which was certainly not drawn up regardless of the interests of the two (former) provincial districts, Christchurch and Otago, which now intend to absorb all that can be raised in the next fire years.

In a word it is so unjust that I cannot anticipate any other result than that as our members have already demanded, an alteration must bo made. Nevertheless as through pressure of business or the loud plaudits of those who are benefited by tho scheme, you may not be aware how deeply seated is the feeling, and how permanent will bo the sore if the blow falls, I have had recourse to this unusual means of addressing you publicly as Premier. At a recent visit, to Nelson, after you had received several public deputations, and made promises to attend to their wants, you did me the honor to ask if there was anything you could do for me. I declined wi h thanks; but little did I think that I should be urged by my own sense and fear of impending wrong to address this appeal to you, which, with all respect, I trust will not bo made in vain.— Your obedient servant, Andrew Been Settee, Bishop of Nelson. Nelson, Sept. sth, 1878