GENERAL ASSEMBLY.

Globe, Volume XX, Issue 1466, 28 October 1878, Page 3

GENERAL ASSEMBLY.

[SPECIAL WIRE FROM PRESS AGENCY.]

LEGISLATIVE COUNCIL, Saturday, October 26.

In the Council to-day, various reports on local Bills wore brought up and agreed to. A message was received from the Speaker saying that he was areally improved in health, at wh cli the Council expressed itself by resolution as much pleased. Messages were received from the House of Representatives on tho subject of points of difference between the two Chambers in various Bills. A conference was appointed on the Disqualification Act. S veral measures were brought up from the other Chamber and road a first time. The Cemeteries Management Bill (an Auckland measure), was moved by Colonel Whitmore, and tho debate adjourned. Ihe following Bills were then read a second time—Native licensing, Ashburton High School, and Camara Market Reserve. A. free conference was appointed on the Electoral Bill.

The following Bills were then committed— Native Licensing, Ashburton High School, and Oamaru Market hesorve. The Bills were then reported.

HOUSE OP REPRESENTATIVES.

Friday, October 25. RAILWAY CONSTRUCTION BILL.

Clause 4 passed without amendment. On claused, Mr Stout said there would not be a separate fund for each railway, but money would pe appropriated from time to time. The remaining clauses passed. A new clause in lieu of clause 5 passed as already given. Another clause was inserted, transferring the money voted for Lakes KUcsmere and Forsyth railway to the public account, and the proposed railway was included in the schedule. Mr Macandrew moved that all tho amounts in the schedule bo struck out. Sir R. Douglas denounced the Bill as placing too much political leverage in the hands of the. Ministry. He made a, strong appeal to tho House on behalf his district. Mr Macandrew said a sum would be placed on the '• st mates.

Mr Wakefield said the Government should now 14 the House know what railways they intended to ask appropriations for. Mr Macandrew- For all of them. Mr Wakefield wanted to know whether an appropriation would be made for the Amborlcy to Cook’s htraits line. Mr Macandrew —Yes. An amount to he expended on the railway would appear in the schedule.

After some discussion, tho House wont into committee on the Bill, when the amendments abovementioned were asrreed to, the numerals in the schedule being struck out. On tho motion for the third reading of the Railways Construction Bi 1, Dr. Hodgkinsov opposed it on the grounds that it would involve the colony in liabilities beyond its resource-.. The House divided. Ayes. 55; noss. 9. The Bill was road o. tier 1 time, and pas-.c-l. ELECTORAL BILL.

The House went i"to Committee for the further consido-ation of tho amendment made by the Legislative Council on tho .electoral Bill. _ • Mr Stout said there were amendments which the House would agree t.», but others they would disagree with, and some which were more suitable for the Representation Bid. Tho House then disagreed on the voices with the amendments made by the Council in tho subsection of section 14, “qualification of electors” as follows :—“ If ho is a leas -holder owning a lease of land having three or more ye ir • to run yielding a net profit annual of more than JUO.” Mr Ntout also proposed that the House disagree i with the nmc .dmentsin section 18. which struck out miners’ rights and loudness lie-use qualification, an 1 also sub-section A and B, which gavea qualification onfreeholds of thevalue of JHS a- ratepayers. The a ■ endment made by the Legislative Council confers a vote upon every na le Maori of the age of twenty-one years if his name is enrolled upon a ratepayers’ roll in force within the district in respect to which he claims to vote.

The Native Minister made a strong appeal to the House to do justice to the Maoris at this juncture, when the solution of the’ (Native difficulty was about to be accomplished. bir ft. Douglas denounced the clause in its original form as an attempt to swamp the European vote. Mr Moss appealed to the House to continue the Maoris in the possession of the same political rights as they hitherto possessed under the residential franchise. Had the management of Native affairs been left to North Island members there would have been no war. Mr Morris characterised the reference to danger in refusing the Maori franchise as the fee-fum policy, and challenged the .Southern members to walk out of t e douse and observe the result of leaving this question to be fought out between Northern members. Mr J. E. Brown denounced the dual Maori vote as being dangerous to the rights and liberties of European settlors. Mr Kolleston supported the amendment of the Council.

Mr K A RMTiANA opposed the amendment. Mr Moorhouse opposed the amendment on the ground of expediency as opposed to mere abstract principle, by adherence to which in the form of insisting on the Queen’s writ running the country had wasted millions of momy. Taiaroa opposed the amendment.

Jr. farther discussion, TW'Premieb said ho did not believe In the dual vote to Maoris, because it perpetuated differences between the t’.o races Let the Native race bo consulted. Let some meeting like the Kohimarama meeting be held, and let the Natives themselves decide whether they would come in with Europeans, and enjoy the name privileges. It would be impossible to t ike from the Maoris privileges which they already enjoyed, without endangering all tlr.ir feelings. He bogged the House not to tale a-va.y the rights conferred by treaty and by Act of u . llll . i ment. _He regretted that- +l aess a endments had coma f. r OK*. a, number which did not represent tao people nor the Maoris. It was not wise of the Council to force the llon,e into ifs present position. Ho would remind the House of what Edmund Burke said, “ The powers excrci-v d by the right of ‘ representation are inestimable. Ho referred the hon. members to Wales. Let them recollect that the haidy turbulent mountaineers could in no way be dealt with, hut the moment representation was giveu them, equal to that of their fellow subjects in England, that moment they began to change their manners towards them. Mr Fox contended that if the Natives enjoyed equal political privileges, they should also be subject to the same political responsibilities. The Premier said his own views exactly coincided with that view of the case. Major Atkinson said Europeans would not object to placing the Maoris on an equality if they were subject to the same burdens. At present the Natives were a privileged class, find the problem to be solved v as the extent of privilege to be granted. Ho feared the vote would bo used to corruptly influence elections.. He supported the amendments, Mr Turnbull urged the House to deal liberally with the Native race. The House divided on the question, “ That the House disagree with the amendments of the Council.” Ayes, 3G ; noes, 2G. aveu Messrs Paigcnt Messrs, Nabe piidanco O’ Eorke Parff Pyko Bart n Peeves Brown, J. C. Kichmond Dcd/iCour flows Feldwiek Seaton Fisher Sheehan (teller) Gooigo ghrimski Sir G. Grey Stout Messrs Idi-lop Swanson Joyce Taiaroa Kelly Tokamoana Maondrew ! Tawiti Macfarlane Thomson 1 Mandcrs Tole i Moorhouse Turnbull ■ Moss (teller) Wood

iraeivriCg’arr-.Taßgcw-^aiaawM—-NOES. Major Atkinson Messrs McMiun (toller) Montgomery Messrs Bowen Morris Brandon Murray Aynsley Bryce Oliver ( n ti‘* .Richmond Sir E. Doug la: Rollestm Messrs Pitzroy Bussell Fox Saunders Gibbs (t Her) Stevens Gisborne Sutton Green Wallis Henry Woolcock Kenny BAIRS. For. Messrs Bees Messrs Murray Ormond Carrington Dignan Seymour Williams j Cutten Hamlin ' Against. Messrs Wakefield Messrs Bunny Hodgkir-von Teschemakcr Beetham Hunter Sharp t Johnston Brown, J. E. I The House also disagreed with the Council’s amendment in clause 7, limiting the number of votes to be given by each voter to one vote, and disagreed with the form of claim by leaseholders. The following Committee were appointed to draw up reasons ; —Messrs Fyke, Sheehan, Sir G. Grey, and Mr Stout. ADJOURNMENT. Mr Stout moved that the House go into Committee on t e following Bills : Native Law Suits, Government Native Lands’ Purchase Amendment;, Special Powers and Contracts, Public Works Act, 1876, Amendment, Temporary Powers, Municipal Corporations Amendment. Major Atkinson moved the adjournment, urging that members were fatigued by the long sit'ings. Sirß. Douglas and Mr Morris urged the i adjournment, the former th catcning to obstruct by dividing the House at every stage if the adjournment was not granted. Mr Moss urged the House to proceed with business, contending that half-past two was too early for adjournment. 1 The House divided. Ayes, _25 ; noes, 37. 1 The adjournment wasneeatived. NATIVE LAW SUITS BILL. The House went into Committee on the Native Law Suits Bill. ; Mr Stout moved that the following names be ■ inserted ts Judges under the Act: Judge " Mansford.a d Messrs Cook and Higginbotham. 1 Mr Russell moved that the chairman report ! progress, which was agreed to on lhe voices, and the House resumed. _ 1 The Premier said that in consequence of the 1 debate on the Broomhall Settlement, the Government telegraphed to Loudon, and received a reply from Hr Julius Vogel that Mr Broomhall, on receipt of a sum of =83500, will forego all c airns to the block. [Cheers.J The Home then adjourned. Saturday, October 26. BAT OB ISLANDS ELECTORAL ROLL. Mr Williams asked the Native Minister if it is the intention of the Government ,to ap- , point a commission in accordance with the report of the Na ive Affairs Committee on the , petition of Heremai Teari and others relative to the Moiigonui and Bay of Islands electoral roll, | and if so when. ( Mr Sheehan said it was the intention of the ( Government to appoint a commission during the ■ recess. RAILWAY basses. Mr Pyke asked the Government whether they will cancel the whole of the free railway passes now in circulation, with a view of re- , issuing such free passes only as may appear to ( the Government to be necessary. Ho said 3000 free passes were in circulation. Mr Macandrew sad directions had been given that all free passes now in circulation shall cease at the end of the year, witn the view of issuing only surli as may bo deemed necessary. TAPI BATUKI’S PETITION. Mr Taiaboa asked the Government whether they will, during the recess, give effect to the decision of the Na ive Affairs Committee on petition of John Tapi Patuki. Mr Sheehan said the n alter would receive consideration during the recess. FINE ARTS COPYRIGHT. Mr Barton asked the Government whether it is their intention to proceed with the Fine Jrt Copyright Act, 1877, Amendment Bill this pro cut so Hon, and if not, whether they will undertake to bring the Bill in again sufficiently early next session to give the House a reasonable opportunity to discuss its merits. Mr SHKKMiN said he would brieg forward a Bill for tin purpose next year. GAOLS COMMITTEE. Mr Murray-Aynsley asked tbe Minister of Justice what steps the Government intend takieg to carry out the recommendation in the report of the gaol committee as to the rate of pay of officers in various gaols throughout the colony. Mr SHEEHAN said he would not like to give an answer without more consideration. Possibly he would reply in the evening. PUBLIC DOMAINS. Mr Bowen asked the Minister of Lands what provision the Government propose to make for the maintenance of public domains in the colony. Mr Stout said the Government had decided that in the vicinity of towns they would place domains under the local bodies, who could manage them easily. The amount placed on the estimates this year was .£3OOO, but no appropriations would be made in future. Mr Bowen complained that no intimation had been given to the local bodies, and a common understanding had existed that provision would be made. LAND ACT AMENDMENT. Mr Hodgkinson asked the Government if they intend to amend the Land Act of 1877 so as to reduce the price of deferred payments land from <£3 an acre to 30s, and if they will also amend the Land Act so that where there arc several applications tor township land the matter shall be determined by ballot instead of by auction. Mr Stout said the question would be answered in discussion on the motion of the member for Invercargill. THE ELECTORAL BILL. Mr Stout, brought up the report of the committee appointed to draw up reasons on the rejection of tbe amendments by tbe Legislative Council in the Electoral Bill. The report stated that a leasehold franchise was not neces-ary; that miners’ rights already entitled the holders to registration on the county rolls, and therefore there was no reason for debarring them lathe Bill. Since the Constitution Act passed Maoris were entitled to enjoy equal privileges with [ Europeans, and had done nothing to deserve degradation, and therefore the Legislature could not take away their privileges. PUBLIC WORKS ACT. Tin House went into committee on the Public Works Act, 1876, Amendment Sill, which was reported without amendment, H'-E'TaL POWERS AND CONTRACTS. In committee on the Special Powers and Contracts Bill, , Mr Fox: denounced the BropmhaU contract and comm'omisc as a sw'irulle. Sir R. ‘Douglas wanted to put in 400 acres to satisfy the claim. Mr Stout opposed the proposed addition, on the ground that the Bill was frarm d merely to fulfil promises made by the Government. Tbe Bill was reported with verbal amendments. GOVERNMENT NATIVE LAND PURCHASE BILL. In committee, Major Atkinson objected to tbe powers granted under clause two as excessive and arbitrary. Mr Sheehan said the clause was framed to meet cases which occurred since last year. Mr Russell objected that persons in bona fide occupation of Native lands might be ejected when the. land did not pass through the Court until subsequent to the passing of the Act, Mr Sheehan said the Act only applied to proclaimed lauds. It would not disturb any person until tbe laud was proclaimed and the Act put in force. Hr Sutton condemned the clause and the powers exercised by the Land Purcha.-e nopai c-

meat. Mr Sheehan said the object was io prevent titles being complicated by private dealings with laud under negotiation. He proposed to increase tin number of judges of the Court, who should sit continuously until these cases were finally settled. Mv Swanson instanced the case ot a sctilcr whose cattle might be driven oft. Would compensation ho given in such cases ? Mr Sheehan would promise that Government won'ti not use their power except in extreme cases. . , Mr McFablank said if the Government would order tbc Courts iu all cases ot disputed blocks no difficulty could nrifo. At the same time, he doprexitod such arbitrary powers being entrusted to any Gcv< rnment. MrMoiuus thought the Government should have certain powers, but feared they nugl t be. used oppressively Sir K. Lb uuilas ccntcnacd that the Government, T'.rulci clause, would have the power of exoreisibg‘authority to injure enemies or favour friends. Mr Stout—We have no enemies,

An amendment wag inserted, making the clause applicable to lands of aboriginal occupiers as well as owners Tbe following proviso was also added at the end of the clause : —“ Provided tint this section shad not apply to any person in occupation of lands prior to the passing of the said Act.”

In clause 3, two months was substituted for thirty days as the period within which the Crown’s relinquishment of any negotiation shall take effect.

The following new clause was inserted “When the claim of the Government to any piece or parcel of land shall be beard under the provisions of the 107th section of the Native Land Act, 1873, or the 6th section of the Native Land Act Amendment Act, 1877, it shall be lawful for the Court to award all or any portion of such land to the Government, and if any agreement shall have been entered into for reserving for the use and occupation of any person of the Native race any lands comprised within any such block, it shall be lawful for the Government to execute a Crown grant or other instrument vesting such reserve or reserves in the persons interested therein, provided that it shall be lawful for Governor to insert in such Crown grant or other instrument such restrictions as ho shall deem fit as to the alienability of such reserves, either by sale, leaso, or otherwise. The Bill was reported with amendments. PUBLIC WORKS BILL. The Public Works Act Amendment Bill passed. DISQUALIFICATION BILL. A message was received from tbe Legislative Council stating that the Council _ insisted on its amendments in the Disqualification Bill. The House appointed managers. EVENING SITTING. THE BROOMHALL AGREEMENT. When the House resumed at 7.30, Mr Fox, referring to the statement of the “ New Zealander,” that he was mixed up with the “ Broomhall swindle,” denounced the attack as mean, cowardly, and contemptible. For years when in office bo held the strings of the whole Native lands administration in his hands, and was afterwards Waste lands Commissioner. During the whole time ho could have made millions of money. Yet he never purchased a single acre of land. He would explain his share in the Broomhall contracts. It was his good fortune to meet a member of Parliament in England, who was a leader in the temperance cause. Through him he became acquainted with Mr Broomhall, who informed hi at that on behalf of a number of gentlemen, who were much interested in New_ Zealand, and had invested in our bonds, he desired to establish a special settlement in tbe colony. He (Mr Fox) distinctly refused to give any advice on tbe subject, unless it were distinctly undars'ood that he was to have no part in the transaction, Afterwams he saw Mr Benjamin Whitworth, who might have been the means of introducing into the country almost an unlimited amount of capital. Whitworth and Co. employed forty thousand laborers, and paid four millions a year in wages. He was struck with the advantage of connecting such a firm with Now Zealand. He traced the negotiations between Mr BroomhaU, Sir Julius Vogel, and the Waste Lands Board of Auckland! Mr Broomhall when ho got homo was prepared to pay down the .£26,000 for the land if the Board were ready to baud over the land. There could be no question about tbe Native title, because the Board led Mr Broomhall to understand that the title was extinguished. When the colony desired to got out of its bargain, Mr Broomhall did not come down upon the colony with an exorbitant claim, but accepted a. sum which merely paid his expenses. The colony, by breaking faith with Mr Broomhall, had lost great skill and thousands cf ounds. Mr Barer suggested that Mr Fox would have saved the time of the House by putting his speech in the “ Eangitikei Advocate.” Mr Sheehan said Mr Broomhall’s settlers always appeared like Mrs Harris. Re would say, ' “ i here were niver no such persons.” Mr Broomhall had always talked of bringing settlers out; but when the Laid was ready for him he went homo and endeavored to float a company, in order to make a profit He read Mr Mackay’s report of July 21st, 1877. Mr Mackay stated that at the outset he informed Mr Broomhall that the Native title was not extinguished, and that he had better keep his intentions secret. But instead of this Mr Broomhall went to Auckland, and made an offer to the Waste Lands B ard. He was himself to blame if his negotiations had failed, When ho iMr Sheehan) looked into the affair, he found that the Crown had not extinguished the Native title. Mr Fox had seated that there were people in the homo country who understood nothing of affairs in this country. He (Mr f- licehan) when the Vesey Stewart Settlement hung in the b Is nee, went to the spot and succeeded in clearing away the difficulties which might otherwLe have produced failure. He had also gone to Te Aroha and smoothed the way fur an inquiry in order to enable Mr Broomhall to obtain his land. Hoani Naha had acted rightly in defending his rights. Mr Broomhall was a mere speculator, who knew that the land would he worth double the money in a year, and as a matter of fact =£2 an acre could be got for the land. No doubt when Mr Broomhall left the room with an offer of .£3,500 to forego Ids bargain, ho smiled all over his face. The Thames Valley would have been settled by miner , who had heeu for years saving money for that very purpose, and that very block was promised to the Thames people by Sir D. McLean. He believed the people of Auckland would survive this great calamity of losing Mr Broomhall as a special settler. The discussion then dropped.

SPECIAL POWERS AND CONTRACTS BILL,

in Committee on the Special Powers and Contracts Bill, the following- new clauses were added: — . , 4. When under the authority c t law any land acquired, heal by, or conveyed to the superintendent of a province has heretofore been sold or contracted to be alienated in foe, the Government may issue under the public seal of the colony such Crown grants as the circumstances of each case may require to give effect to such sale or contract. The provisions of the Crown Grants Act, 18(56, and all Acts amending the same, relating to the anti-vesting of the legal estate in grantees, and every other provision of the said Act, ayd Amending Acts shall apply to Crown grants so issued. 5. Notwithstanding anything in the Land Transfer Ace, 1870, or any Act amending the sarqe, any grant now or hereafter issued ol an edu ation reserve containing trusts may be registered under the said Act, and the provisions of section fifteen of the Public Reserves Act, 1877, sha 1 applv. It is hereby declared that the reservation in the several Crown grants issued under the Poverty Bay Grants Act 1 8G9 of the right to take roads through tec lands thereby granted within ten years from the date of the said grants, shall he and ho deemed to have been, as from, the issue of such grants, valid to all intents and purposes, and the provisions oT sections nine, ten, and eleven a? the said Crown Grants Act, 18(56, shall apply to such grants except that those provisions, so far as the grant* aforesaid are . concerned, shall be consumed, a* if “ ten years had been inserted in lien_ of “ five years” in the 10th sectioa of the said Crown Grants Act, 1866, The flitl was reported as amended. TEMPORARY POWERS BILL. The Temporary Powers -bill was reported without amendment. „ NATIVE LAWSUITS. In Committee on the Nat At Lawsuits Bill, Mr Stout moved the insertion of the names of Messrs Mansford, Cook, and Higinbothara to act as judges, and that, in the event of any of them dying, resigning, or becoming incapable of acting, the Governor shall have power to appoint a successor, Captain Russell objected to any power of appointment being given to the Governor, as Mr Higiubotham had stated that ho could not possibly remain in New Zealand more .ban throe months. Mr Stout said he would be willing to introduce a clause that no judge who succeeded ' should con:inue to ho! d his appointment beyond next ses.-rm. CONFERENCE BETWEEN THE HOUSES. The Si’EAKEH intimated that it was necessary to report progress at half-past nine, in order that the free conference between the managers and both Homes might proceed. Progress was reported accordingly. BILLS PASSED. The following Bills were then passed Government Native Land Purchases, Bpedal Powers and Contracts, Temporary Powers, Public Works Act Amendment. ibe House adjourned at 9.30 till 2.30 on Monday.