GENERAL ASSEMBLY.

Globe, Volume XXII, Issue 1966, 12 June 1880, Page 3

GENERAL ASSEMBLY.

[PEE PBEBS ASSOCIATION SPECIAL WIBE.J LEGISLATIVE COUNCIL, Feiday, June 11. After the formal business The Hon. F. Whitakee said, in replying to the Hon. Mr Wilson, that the Government had carefully considered the question of purging the roll of Justices of the Peace, but found that to do so would be too retrospective, but in future all insolvents, &a., would be called upon to resign. After a very long discussion, in which the Hon. P. Buckley pointed out the great carelessness in draughtsmanship, and crudities which were likely to lead to future litigation, the five new Native Lands Bills, viz., Native Reserves Bill, Native Lands Fraud Prevention Bill, Native Land Act Repeal Bill, Native Succession Bill, and Native Land Court Bill were read a second time, and referred to the Native Lands Committee. The Land Transfer Act Amendment Bill was read a second time, after a brief debate, and referred to a special committee of seven members. The Fisheries Bill was read a third time and passed. This was all the business and the Council adjourned at 4.15 p.m. HOUSE OF REPRESENTATIVES. Feiday, June 11, The House met at 2.30 p.m. The Hon. W. Rollbston laid upon the table a copy of the correspondence re the death of John Wilson, a prisoner in the Invercargill gaol. The Hon. Major Atkinson laid upon the table a copy of the instructions given to assessors under the property tax. He also stated that a modification of the forms of the schedules would bo made and that, in all probability, the time for collection would be extended. questions. Replying to Mr Hirst, The Hon. Mr Olxveb said that he had received a report on the subject, and in a day or so he would be able to state the intentions of the Government as to the erection of protective works at a place known as the Double Cabbage Tree, on Jacob’s River. Replying to Mr MoCaughan’s question if it was Mr Woodward, as Public Trustee, whose name was subscribed to an advertisement as manager of a Trust Company, and such being the case, could his time not be fully employed in the Government service, or his office discharged by some other functionary of the Civil Service, The Hon. Major Atkinson said he believed the two names were the same, but Mr Woodward had practically ceased being in the Government service on Ist of May lust; but, as a favor to the Government, he had continued to discharge the duties in the meantime without salary. Replying to Mr McOaughan, The Hon. J. Hall said that the San Francisco Mail Service contract did not terminate until 1883, and that it could not be terminated sooner unless a breach of contract should occur.

Mr Db Lautoub asked whether officers or other persons in the employment of the Q-o----yernment who have been and are now with the defence force on the West Coast have received permission to act as correspondents for the Press Association or for any newspaper. 2. Whether any such officer or persons are now acting as such correspondents with the consent of the Q-overnment.

The Hon. J. Beycb answered both questions in the negative. Replying to Mr J. B. Fisher, The Hon. Major Atkinson said that the Government had not and would not for a period of three months receive Sir John Goode’s report upon the Buller Harbor. Replying to Mr Hirst, The Hon. W. Rollebton said that the Government had no information that a run in Otago had been leased by the Waste Lands Board of Otago for the sole purpose of breeding rabbits, and thereby not complying with the Act which provides that lessees shall stock with either sheep or cattle, according to the carrying capacity of the country. Mr Bain asked the quantity and value of the Newcastle coal used on the Invercargill section of New Zealand railways during the financial period ending March 3ist last. The Hon, B. Oliver replied 2515 tons, the cost being £3751. As soon as the engines were adapted for the purpose, native coal would be substituted, the same as on the other lines.

Mr Allweight asked if the Railway department collect the freight of the Union Steam Shipping Company at Dunedin and Canterbury, and if so the amount of commission charged for such collection. The Hon, R. Oliver replied that an arrangement of the kind had existed since May, 1878, and it was found to be a public convenience. No commission was charged. Mr George asked at whose cost the pamphlet entitled “ A Guide for the Property Assessment Act, 1879,” by Charles M. Orombie, Deputy Land Tax Commissioner, was printed, by whom it is being sold, and who derives the advantage, if any, from the sale thereof.

The Hon. Major Atkinson replied that it was a strictly private matter, and the Govern • ment had nothing to do with either the cost of publication or the profits arising from the sale.

Replying to Mr Pitt, The Hon. Major Atkinson said that lights had arrived from England, and the Government were completing the necessary arrangements for establishing the leading lights for steamers in Tory Channel,

Mr DeLaijtour asked how many Natives were detained in prison at the present time awaiting trial for alleged disturbances on the West Coast of the North Island ; how long have they or each of them been so detained in prison ; how many, if any, have died during the term of their imprisonment; what is the cost per week of their maintenance and safe custody. The Hon. J. Bryce replied that 130 were detained for seven months ; one prisoner had died, the maintenance cost per week being £75.

Replying to Mr Bowen, The Hon. R. Oliver said that the cost during tho quarter ending Slat March last, of working the Christchurch passenger station, was £1221; that of Dunedin, £971. The passenger traffic of the one was 45,070, and the other 45,072. SELECT COMMITTEE. Mr Seymour moved that a Select Committee be appointed, consisting of ten members, to whom all local Bills shall stand referred after their first reading, the committee to consist of Messrs Ballanoe, Bowen, J. B. Fisher, Fulton, Ormond, Shephard, Stewart, Tole, McOaughan, and tho mover. Mr McOaughan objected to his name being placed on any committee in this way, having been studiously kept off committees by the Government when appointing committees in tho ordinary way. The Hon. J. Hall denied that the Government had done so. His Jname had been omitted, as they understood that ho objected to committee work. On the question for expunging Mr McOaughan from tho committee being put to the House, it was carried on the voices. NEW BILLS. The Evidence Amendment Bill was introduced by Mr Stewart, and read a first time, SECOND READINGS. Tho Hon. T. Dick moved the second reading of the Pharmacy Bill. Dr. Wallis said that the proposal was premature. The Government should have in the first instance made an effort to secure a combination on the part of the medical profession, and then a subsidiary movement of this kind might follow. Ho also complained that no opportunity had been allowed for circulation among those who were more immediately interested in it. He suggested that the measure should be postponed. Mr Bowen said that the Bill was very urgently demanded, and no one acquainted with tho position of affairs in connection with the trade at present could doubt its importance. There was something in the objection that they had no information as to where the examinations provided for in tho Bill should be held. That, however, could be got over by those examinations being held at different places throughout the colony. Mr Macandrew did not see that there was any pressing necessity for the Bill. Why did they not seek to establish Boards to examine into and report upon the competency of the brewers or bakers. If this thing went on they would very soon be unable to move without first being judicially examined as to their competency to do so, Mr J. B. Fisher supported tho Bill and supported a proposal made by previous speakers to the effect that the examination should not be confined to men, but that women should be also competent for tho qualification. The Hon. T. Dice replied. It would be competent for tho Board to provide examiners throughout the colony. It would not be necessary that a candidate should go to Wellington as some speakers appeared to apprehend. If for instance Otago had the largest number of registered members, they might have the Board to sit in Dunedin. The objection that women were not provided for by the Bill was a good one, and he would be prepared to admit an amendment in that direction readily. If bakers and brewers were in tho habit of mixing poison with articles they supplied, then it would be as necessary to see that they were duly qualified, as they proposed to do with’ the druggist. The motion was put and carried. The Hon. J. Hall moved the second reading of the Election Petitions Bill. It was identical with the Bill of last session, and the speaker detailed its provisions at length.

Dr. Wallis denounced the Bill as most unconstitutional. The proposal to remit petitions to the Judges was an adaptation of the English law on the point. He contended, however, that the conditions in this colony were different from those existing at Home. Here the majority of the Judges were politicians of very recent date. Mr Justice Gillies, for example, had had a seat in that House, and at that time ho was known as one of the most violent partisans in the House. Then, again, the petition may be presented at any time, and at a place coterminous to the place where the offence is alleged to have been committed. That state of things placed members in a very unfair position. Members present at Wellington might be called upon to defend a petition of this kind at a time when it might be highly inconvenient for them to leave their legislative duties. The defect of the Bill was that while they weie the legislators for the people, the Judges were to be their legislators without any appeal whatever.

Mr Tole was of opinion that it would be well to relegate questions of this kind to a tribunal outside of and altogether independent of the House. The defect of the Act, however, was that both questions of fact as well as of law were left to the decision of the Judges. What he would suggest was that questions of fact should be left for the decision of the jury. Then, again, he would suggest that an appeal on points of law should be reserved for the Court of Appeal. Mr TtrENßUl.il thought that the corrupt practices provided against by the Bill should be defined by the Act itself, and not left for the interpretation by another statute. The debate was interrupted by the 5 30 adjournment. EVENING SITTING. The House resumed at 7.30. SECOND HEADINGS. The Hon. J. Ham. replied on the debate on the second reading of the Election Petitions Bill. He maintained that in questions of this kind trial by jury would not be as safe as that by a Judge of the Supreme Oonrt. Before the Bill passed into law he would consult with the Judicial authorities as to tho propriety of getting those cases tried by two Judges instead of one. The motion for the second reading was passed. The Hon. J. Hail moved tho second reading of the Corrupt Practices Prevention Bill. He read and commented upon the provisions of the Bill. Dr. Wallis blamed the Government for introducing important measures similar to the present without affording proper information as to tho principles of such measures. This was not a new Bill, it was only to his mind an effort to perfect the law as it stood. He criticised the provisions of the Bill, maintaining that there were no means for defining the various practices at which the penalties of the Bill were directed. He then went on to criticise the omissions of the Bill, in connection with which he read the following, of which he had given notice that he intended to move as an amendment on the second reading of the Bill, although he would not do so :—“ That no Corrupt Practices Prevention Bill will be satisfactory to this House which sanctions payment for the conveyance of voters to the poll, which does not give a definition of ‘ agency ’ in connection with elections, and which does not recognise distinction between necessary expenses of elections and those other expenses which, though not necessary, are at present legal, and which does not propose to enact that the aforesaid necessary expenses must be paid through the Returning Officer.” Sir W. Fox said that the great aim of a measure of this kind was that it should be made as inexpensive and also as pure as possible. Ha was afraid that this Bill was defective in at least one of these respects. The first point he alluded to was that broached by the previous speaker, namely, tho question on conveyances. That was a very serious item in election costs. If an elector would not travel a mile or so to exorcise his vote, then he was not worthy of the franchise at all. If tho want of a conveyance prevented a man attending, he was better away. It was not loss or annoyance on his part that make him speak in that way. They had got in other respects purely democratic institutions. They had got all but manhood suffrage, and he would ask them not to stultify themselves by making an election so expensive that it would practically exclude the poorer classes from aspiring to Parliament. He knew of one case in which it cost a candidate as much as £9O to convey a few electors over a hill to tho poll. A thing like that was ridiculous, and practically ex- ' eluded anything but the wealthier classes

engaging in an electoral contest. He hoped that the Government would see its way to make some better provision in that respect. The closing of public houses on election days was another matter to which he would direct attention. In San Francisco they found no difficulty in doing this. He witnessed an election in that city conducted under these circumstances, and although it contains a population of 350,000, he did not witness a single case of intoxication. It was a sad sight to see men about to exercise one of the most sacred privileges with their brains muddled with intoxicating liquor. The Bill, as it stood, was inconsistent. If one gave a man a sandwich and a glass of water, that was corruption, and would invalidate the election, whereas if they spent £SOO for cab hire, that was perfectly legitimate. Again, it was wrong in principle to put a candidate to heavy expenses. Mr Moss could not see how the necessary work of an election was to be done unless a candidate was allowed to pay certain reasonable and necessary expenses, such as canvassers, &e. Mr Thomson supported the proposal for closing public houses on the day of the poll. He said that at a general election all elections should bo fixed for one and the same day. Mr Speight thought the Bill went in a very good direction. A great deal depended upon the character of the electoral districts about to be constituted. As to the propriety or otherwise of employing conveyance", working men, whoso time was limited, could not afford to waste time travelling to a polling booth at a great distance. They must either be prepared to facilitate that man’s movement, or else his vote will be lost. Altogether he agreed that they ought to reduce to the lowest possible figure the expense attending these elections. Again, the law gave one man a right to vote in different districts. Now how was he to get from one district to another 'if conveyances were prohibited. He advocated the closing of publichouses on the day of election. The keeping open of these houses absolutely interfered with the business of the day. Half drunken men came about and occasioned a lot of obstruction. If these houses were ah closed it would give all parties a chance of starting fair. The law as it stood recognised that publichouses may become an obstruction, and power was given under certain circumstances to close them on an election day. The great object was to got a vote uninfluenced by outside influences. Ho then reviewed the proviso about agents. In some cases it was absolutely necessary that candidates should have committees to gather around them as many friends as they could to forward their candidature. These men were agents, but it would bo absurd to class their agency as a corrupt practice. Mr Montgomery agreed with the proposal to close public-houses, and he disagreed with legalising the hire of conveyances as this Bill would do. Mr Seddon contended that the electors of New Zealand were practically insulted by much that had been said that night. The AngloSaxon race invariably looked forward to an election day as a day of pleasure, and they would have some difficulty in rubbing that feeling out. The digging constituencies, with which ho was more particularly acquainted, would look upon the day as they proposed to make it a most doleful affair, and he questioned if they would take the trouble of knocking off work and recording their votes at all. He did not see the necessity for interfering so far with the liberty of the subject as to prohibit the hiring of cabs. He did not look upon the closing of public houses during the taking of the poll as wrong, provided they were allowed to bo open so soon as it was over. Ho would support the Bill. Mr Tons thought that the Bill was premature, and might very properly be delayed until after the Bill for the Redistribution of Seats. He did not think it was possible to define with specific accuracy the term agent in all oases that might arise. Bach case must be judged on its own merits. He did not agree with the proposal to close public houses, and he thought that paid canvassers should not be allowed. Oabs he looked upon as necessary. In country districts, at all events, their absence would place the poor man at a disadvantage. His opponent would be able to command the carriages of himself and friends, and if the other had not cabs to fall back upon, he would be placed at a great disadvantage. Mr Reid was not in favor of the proposal to close the public houses. The prohibition against agents and committees was rather too extreme.

Sir G. Geey agreed with the suggestions made by Sir W. Fox, and thought he deserved great credit for his moderation. The Bill under the care of Sir W. Eox and Dr. Wallis, as representing the two extreme sides of tho House, would, he thought, be made into a very fair measure indeed. The Hon. J. Hall, in reply, said that he would be glad if it could be arranged that no drink should be sold during the taking of the poll. It would be out of the question to think that the question of agency could be defined within the f:ur corners of the Bill. That must be, therefore, left to the discretion of the Court. The motion was carried, and the Bill read a second time. THE AQENT-GENEBAL. Mr Geoegb asked, without notice, if a rumor was true that the Government had received a cablegram from England announcing the resignation of the Agent General. The Hon. J. Hall said that there was no foundation for the rumor whatever. miscellaneous. The House then went into Committee on the Taonai Ahauturanga Bill, which was passed and reported with amendments. The Regulation of Elections Bill was further considered in Committee. Amendments to substitute “ person ” for “ registered elector ” in clause 11, were negatived on a division, as was also a proposal to strike out the words requiring the written assent of candidates. Several verbal amendments were made. A proposal to extend the hours of polling to 7 p.m, was lost on a division by 38 to 21. Progress was reported, and leave obtained to sit again. The House rose at 12.40.