GENERAL ASSEMBLY.

Globe, Volume XXII, Issue 1964, 10 June 1880, Page 3

GENERAL ASSEMBLY.

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LEGISLATIVE COUNCIL.

Wednesday, June 9. In the Legislative Council, after a very large amount of routine and small business had been disposed of, the Deceased Wife’s Sister Marriage Bill was brought in by the Hon. Mr Mautell, and read a first time. On the adjourned debate on the second reading of the Native Reserves Bill (the first of five new Native Land Bills on the paper), there was a long discussion as to postponing the second reading until after the Native Land Act, now in the Lower House, was sent up. Ultimately the second reading was deferred till Friday, with the option of further adjournment then it found necessary. The Fisheries Bill was passed through committee, several amendments being made, one being the excision of exceptional privileges as to fishing given to Natives. Hon. F. Whitakbb gave notice to introduce a Gaming and Lotteries Bill. The Council adjourned ot 4,30 p.m.

HOUSE OF REPRESENTATIVES.

Wednesday, June 9. The House mst at 2.30 p.m. NOTICES OF MOTION.

Sit W. Fox gave notice that he would, on consideration of tho Licensing Act, move the insertion of a clause giving relatives the right of action against anyone supplying persons to their injury. A report from the Local Industries Commission relative to the sale of New Zealand wines was produced by the Hon. T. Dick. Mr Sutton gave notice of motion to the effect that subsidies be payable to local bodies as before during the next six months, pending the change proposed by the financial statement being carried into effect. Replying to Mr Bain, ■ The Hon. Major Atkinson said that there was no difference between building societies and other companies as to the basis upon which the former are to pay the tax under the Property Assessment Act, 1879. The charge is provided for by section 13 of the Act. Dr. Wallis asked if the Government intend during the present session to introduce a Bill to prevent theatrical representations of an indecent or immoral kind, or to extend the provisions of the Otago Ordinance to the whole colony. The Hon. T. Dick replied that the provisions of the Otago Act were found incomplete for the purpose aimed at. The Government recognised the importance of the subject, but had not time to prepare a Bill of the kind. If the hon. member would undertake the work, he could rely upon every possible assistance being given him by the Government.

Replying to Sir G. Grey, The Hon. J. Bbtoe said that if any good reasons were shown, the sale of the Hannah Mokau, advertised for the 17th inst., would be postponed foranqther month. Replying to Mr Reid, The Hon. T. Dick said that a sum amounting to £SO would be placed on the Estimates with a view to fulfilling a promise made by the late Government to the Literary Society and Fire Brigade of Hokitika, to hand over the rent which was received from Government House in that town as a subsidy to the above bodies.

Replying to Mr Thomson, . The Hon. R. Oliver said that a report had been prepared, and would shortly be pro* duced from the River Commissioners regarding the floods on the Incbclutha.

Replying to Mr Turnbull, The Hon. E. Outeb said that plane were being prepared for improvements at the Timaru railway station. Mr Babbon ashed whether in view of the repeal or modification of the Property Assessment Act 1879 the Government will, in accordance with the 92nd section, grant an extension of time for furnishing statements required by that Act. The Hon. Major Atkinson replied that Government would make no modification whatever as to anticipating the repeal of the Act. He had the question of extension of time, however, under consideration, and if they thought that the circumstances of the case required it they would exercise the authority given .them by the section of the Act. Replying to Mr Montgomery, The Hon. J. Bbycb said that Government had not the information required by the question-—“ If before the second reading of the Native Lands Contracts Act Yalidation Bill, 1879, they will lay before the House a return showing the number of blocks of land which will be affected by this Bill, the area of each block, the amount paid and to be paid to the Native owners of each block, with the names of the Europeans who have entered into such alleged agreements.” Replying to Mr Montgomery, The Hon. J. Hall said that in a day or two he would lay before this House all correspondence between the Government and the Agent-General, and between the Government and the loan agents, relating to the raising of the £5,000,000 loan, and the conversion of loans. Mr Finn asked if the Government intended making any provision towards continuing the granting of land scrip to volunteers for long service, and if not, did not they consider volunteers entitled to any remuneration for their services.

The Hon. j. Betcb replied that the grants of land had long been discontinued. That was done with the consent of Parliament. Speaking for himself he thought it was more likely that reductions would be made instead of an increase, by way of remuneration. Mr Stewart asked whether the Government intend to introduce a Bill for the purpose of validating all probate and letters of administration granted by District Courts. He explained that, acting under misapprehension, probate has been granted by a qpmber of District Courts within districts where district Judges of the Supreme Court resided. >■ The Hon, W. Eolleston said that a Bill would be introduced to remedy the defect in the Act, and the whole matter would be brought before Parliament at an early date. Replying to Mr Finn, The Hon. W. Emission said that he understood that tenders had been called for the erection.of a Court-house at Arrowtown, and the erection of a gaol at Queenstown would be proceeded with shortly. NEW BILLS. The following new Bills were introduced and read a first time:—East Coast Native Lands Settlement Bill (Mr McDonald). To Perpetuate the Recognition of the Public Services of W. S. Moorhouse, Esq., in the late Province of Canterbury (Sir G. Grey). To amend The Crown Grants Amendment Act, 1870 (Hon. W, Rolleston). THE SPEAKER KNIGHTED. The Hon. J. Hall laid upon the table a message from the Governor, containing a despatch from the Secretary of State for the Colonies, forwarding an intimation that her Majesty the Queen had conferred the honor of Knighthood on the Hon. the Speaker of the House of Representatives, G. M. O’Rorke, Esq. In moving that the despatch be entered on the journals of the House, Mr Hall congratulated the Speaker on the honour conferred on him, which to a great extent reflected to the credit of the House. Mr Hall made a few eulogistic remarks upon the conduct and dealings of the Speaker, and concluded by expressing a hope that he would long be spared to enjoy the honor conferred on him. Mr Macandbew, in a few complimentary words, seconded the motion, which was put and carried. The Speaker briefly acknowledged the compliment. NATIVE PRISONERS. On the motion of Sir G. Grey it was agreed that a return of the names of all Natives discharged from Mount Eden Gaol during the months of April and May last, showing the dates of their committal to prison, the offences for which they were committed, the periods for which they were sentenced to imprisonment, and the date of their release, should bo laid upon the table. THE AGENT-GENERAL. The Hon. W. Gisborne moved for copies of correspondence, telegraphic and otherwise, with the Agent-General of the colony, on the subject of his being a candidate for a seat in the House of Commons, and also on the subject of his being a director of the New Zealand Agricultural Company. He commented on the fact that the late as well as the present Government had expressed strong opinions that the positions referred to were incompatible with has duties as Agent-General, but still Sir J. Vogel seemed to do as he liked, to act in the most contumacious manner, and to treat the Government and the House as nothing compared

with hia own strong will. He hoped that the papers might show that neither Sir Julius nor the Government were as much to blame as both certainly appeared to be. Sir W. Fox seconded the motion. He said both he and the mover had been colleagues ot Sir Julius Vogel, and it was in no hostile spirit that this matter was brought up. The position taken up by Sir J, Vogel had been a good deal commented on, and he hoped that the Government would give a full explanation of all the facto of the case. The Hon. J. Hall said that the papers would bo in print and laid on the table in a few days. It would be seen from these papers that it was a mistake to suppose that Sir Julius had in s,ny way attempted to act in defiance of the Government^ The motion was put and carried. MIBCaLLANBOUB. Mr Spbight moved for a return showing (1) the total number of licenses for the sale of intoxicating liquors issued during the last complete licensing year, distinguishing between the various kinds of licenses. (2.) The amount of revenue received by way of license fees, setting out the separate amounts received on account of each class of license. The motion was agreed to. Dr. Warns moved— “ That there belaid before this House a return of the amounts for advertisements, and for printing to newspapers severally, from the Ist October, 1879, to’ the 31st March, 1880, the return to be similar to the return 89, appendix to the journals of the House of Representatives, 1879 session II.” '' The Hon. John Hall promised that the return would be forthcoming, qnd denied an insinuation made by the mover that complaints had been made about favoritism in the distribution of their advertisements.

The motion was put and carried, v» i : i Mr Ballanob moved “That there be laid before this House all papers and corresliondance and the copy of any contract re* ating to land at Murimotu.” The motion was agreed to. Mr McCauqhan movedT-“ That there be laid before this House all correspondence relating to the treatment and tjleath and the inquest held on the body of I ' John Wilson, who was found dead in H.M. gaol at Invercargill.” In doing so be entered at some length into the history of the case. The motion was seconded by Mr Stewaet, and supported by Messrs Tubnbw,l and Tole. The Hon. W. Rollbston said that he agreed in the remarks that it was necessary that care should be exercised to see that no cruelty was done to persona deprived of their liberty. On the facts being known to him he called for the depositions, taken by the Coroner, and they had been sent to him. The objection to the constitution of tho jury was that it was composed one-half of prisoners and the other of free men, and this objection was a valid one. Such a jury was certainly contrary to law. The first question the Government had to consider was as to whether another inquest was likely to lead to further results or a different decision. The depositions were examined by the Government and referred to medical gentlemen in Wellington for their opinion, and they were asked to report as to the cause of death, and as to whether or not the death had been accelerated from neglect. The reply was that they were quite agreed as to the cause ot death, which was that found by the coroner’s jury, end that death had not been hastened by neglect. The Government had determined that a further enquiry should be made by a Royal Commission as to the conduct of officers on this occasion. They had decided upon that course so that the officers whose conduct was under suspicion .might have an opportunity of being fairly judged in the circumstances. Mr Bain said that he had made inquiries into the facts of this case, and he found that the visiting justices were very much to blame. They had not visited the prison for at least three months. He hoped that the Commissioners to be appointed would be free from all local influence and bias.

Mr MoOaughan, in reply, contended that it was possible to discover the presence of disease .in the deceased had proper care been taken by the medical officer. He charged these men with cruelty, and it was absurd for the; Minister of Justice to have called upon these very men for an explanation. Was it at all likely that these men would criminate themselves ? At the inquest the coroner discountenanced the evidence adduced as to the treatment that the deceased had received at the hands of the officers. He complained that the Government had neglected their duty in the matter. He hoped that the Commission would be composed of men who would give a fearless verdict on the whole case. The motion was put and carried. The House adjourned at 6.30. EVENING SITTING. The House resumed at 7.30. MUNICIPAL COBPOEATIONB BILL.

Mr Hutchison moved the second reading of the Municipal Corporations Act Amend* ment Bill. This was the third amendment made upon the Corporations Act, or in other words, an amendment has been made every year since the_ passing of the Bill. He took that to be an evidence of the deep interest taken in the question of municipal government, The Bill made provision for special funds being paid into a special bank account, which could only be drawn for disbursement for the purpose for which the fund had been created. Where a loan was raised for a particular purpose, and it turned out that the amount was too small for the purpose, the Bill enabled corporations to borrow such additional sums as might be required. At present a special Bill would be required for the purpose, as had been shown last year in the case of Oamaru. It also gave power for private streets being proclaimed public streets, and thereby doing away with the difficulties hitherto experienced in dealing with the former. It • also proposed to do away with the plurality of votes at borough elections. Mr Bbandon directed attention to what he Considered to be a number of arbitrary clauses in the Bill. The Bill largely dealt with the provisions for enabling Corporations to alter the level of streets without making the slightest compensation to adjoining proprietors. What he contended for was that owners so situated should be entitled to reasonable compensation for the damage occasioned thereby to their properties. There were many other objectionable clauses, and although he would not oppose the motion, he would hope in Committee to see the Bill materially altered in the direction he had indicated. Mr Andrews asked that the Bill might be postponed to enable suggestions to be got from Christchurch and other corporations on the subject, Mr Sheiks*! objected to further borrowing powers being given to local bodies. Mr Pitt contended that the powers sought for as against owners of private property, were not so arbitrary as they had been represented. In the case of property belonging to absentees it was absolutely necessary for sanitary purposes that some such powers should be given. Mr Speight said that in view of the extraordinary proposals made by the Colonial Treasurer, giving almost unlimited powers to these bodies to impose taxation, he had altered his opinion on the subject, and thought that persons liable to high taxation should have a corresponding voice in the administration. On that account he was compelled to vote against the proposal to do away with the plurality of votes. The Hon. T, Dick said that Government would allow the Bill to be read a second time, but that the various corporations should have an opportunity of fully considering its provisions before it was passed further. Mr Baeeon concurred in the views expressed by the previous speaker. He suggested that three weeks should be allowed for municipalities to express their views on the point. Mr Hutchison said he had no objection to follow the suggestion about the delay. The motion was put and carried, and the Bill ordered to be committed for that day three weeks. DBAINAGE BILL. Mr Murray moved the second reading of the Drainage Bill. The Bill aimed at empowering persons entering into schemes for drainage of their properties to do so free from the interference of other parties. It would do a great deal towards promoting the agricultural interest, besides increasing labor at a period of the year when seasonal pursuits were at a standstill. Mr Shephard agreed to the expediency of the Bill, but it was not a lime to enter into future engagements as contemplated by the Bill, and for contracting fresh burdens of borrowed money. Every shilling they had or would get for gome time would be required to complete engagements already entered upon. Then it proposed to create a new Government department, and this was not a time when it was prudent to do so. He moved that it be read a second time this day six months.

Mr Bain spoke in support of the practical purposes of the Bill ; at the same time,_ he thought the machinery provided for carrying out the Bill was not the wisest that could be adopted. In Southland they had large tracts of country which would be greatly benefited by the Act. He suggested that the Bill should go into Committee, with a view of seeing if better machinery could hot be adopted. The Hon. Major Atkinson said he had no objection to the motion, but, in Committee, he would endeavor to get the machinery of the Bill, as suggested by the previous speaker, altered.

Mr Mtjebay said he would accept the suggestion of Mr Bain. On a division the ayes were 40, and the noes 15. The Bill was read a second time and referred to the committee of agriculture. The House then want into committee on the Proclamation Validation Bill, and on resuming the Bill was reported without further amendments, read a third time, and passed. LICENSING BILL. The adjourned debate on the second reading of the Licensing Bill was resumed by Mr SraiGHT, who said he objected to the proposal for Native licenses. , The Natives were sharp enough to see that while the Europeans brought a high state of civilisation, they also brought along with them an advanced species of vice, and strong drink was one of the most potent for evil. He knew of Native districts where, if polled, they would say to a man that they did not desire to have drink amongst them. It was proposed to make tbe| quorum two/ a number less than one-half of the bench. He next reviewed the proposal for a billiard license. The position there should be reversed. They allowed a man who had a ‘public house license to go free, and the man who had not such a license was charged. If the publican wanted a billiard-license theyi should make him pay for it, and allow others wanting to establish billiard tables to go free. He likewise objected to the proposal that clubs should not be subjected to police -supervision. What was aimed at by police supervision was to prevent illegal practices being engaged in at these premises. Now he would ask if such practices were not carried on in clubs. Had they never heard of gentlemen being disgraced and expelled from their clubs because they had cheated at cards. That in itself showed that these places demanded strict supervision. He strongly advocated that wherever a license was required police supervision should be carried along with it. The family hotel licensing proposal would secure a highly respectable house if honestly carried out, and there the difficulty arose. It was not at all likely to bo carried out strictly. Regarding clause 160, prohibiting the supply of liquor to children under sixteen years of age, he asked how was it possible for the publican to ascertain what was the age of a person so applying. Then, again, there was no prohibition against children carrying liquor off the premises; that was a mistake on the part of the framer of the Bill, and he advised that a provision of that kind should bo made. The prohibition against supplying liquor to drunkards was next reviewed. The wives and children of drunkards would rather do anything than go into Court and convict their husbands and fathers, and yet they are asked to do so. Do qwajfith thepublicity of the proceedings, and a gf*' boon would be conferred upon many a sorely tried and deserving wife and family afflicted with a drunken husband or father.

Mr Bowbn agreed with the general provisions of the Bill, but thought they might be materially amended in commit tee. Local Option was very generally acquiesced in by the House. He agreed with the objection to the Native district licenses. He would object altogether to family hotel licenses. It was a fact that they could sell liquors to lodgers, which meant that when men were put out of other houses they would go to these places for further supplies. He also objected to the bottle licenses, and was glad to see the proposal to do away with them. It was another means for evading the law, and it put temptation in the way of persons who were not in the habit of going to public bouses. The club question was surrounded by many difficulties. The fault of the Bill was that it did not define what a club was. Anyone might call their house a club, and by the Bill as it stands they could not be objected to. He would abolish the lona fide traveller altogether. Let lodgers be served after the prohibited hours, but the iona fide traveller was a fraud and an absurdity. He was a nuisance to the public as well as the altog He did not think there was any neceiyLnor the sale of spirits at railway stationß."*?t was a pity not to stop this before it became a vested interest in the place. He believed in discouraging the holding of more than one license by one person, and the owner of a house should be subject to some inconvenience arising from misconduct of his tenant. It would be enough were the house closed between the one sitting of the Court and that of the other in such cases as this. There were other matters of detail demanding attention, which could be dealt with in committee.

Major Tk Whkobo said that n committee he would give reasons for objecting to certain clauses.

Mr Fulton agreed in the proposal to abolish bottle licenses. It had been objected to that this abolition would affect respectable dealers. What guarantee, however, had they that these licenses would in all cases be entrusted to respectable persons. Ho knew of a person who once held one of these licenses, and who was now a licensing. commissioner. That gentleman had told him that his men were constantly applied to by the females of the district to supply them with bottles of liquor in exchange for eggs, butter, and other produce, or else to have them put down in their bills as groceries. Some provision ought to be insisted upon for publicans providing against an outbreak of fire. Sir W. Fox moved the adjournment of the debate till to-morrow evening. Mr Sheimsei moved, as an amendment* that it be adiourned till Friday night. On a division, the ayes were 3f and noes 11. The motion for adjournment till to-mor-row evening was carried. XV CTIONEEBS BILL. The Hon. T. Dick moved the second reading of the Auctioneers’ Licensing Bill. The object was to bring the law on the subject under one general law. Hitherto, those licenses applied exclusively to provincial dig-, tricts. ' . Mr Levin said he was aware that the auctioneers in this city were desirous of suggesting amendments, and he asked that that day fortnight should be named for taking the Bill into Committee. Dr. Wallis took objection to the Bill. The fees were too high, which would throw the business wholly into the hands of the large firms, and the trade would consequently be restricted. Instead of £4O he would suggest £lO. Again, the penalties were too high. Mr TtrBNBXJLL supported the Bill. Mr Shbisiski suggested that the fees should be increased to £IOO. Mr Seddon spoke as to the allocation of the fees amongst the different local governing bodies within whose districts the license would be exercised.

The Horn. T. Dick replied, and said that he had no wish to hurry the Bill on. The motion was put and carried, and at 12.30 the House adjourned.