GENERAL ASSEMBLY

Globe, Volume XXII, Issue 2029, 25 August 1880, Page 3

GENERAL ASSEMBLY

LEGISLATIVE COUNCIL. Fbxday, AUSUBT 20. The Speaker took the ohair at 2 30. Several papers and formal Committee report* were presented, and some notices of motion given. Among tho latter was | one by Mr Habt, to move on Monday— That the Counoil should take the West Coast Oommislion's three reports into consideration. The Hon. Mr Ohambbblain moved— In the opinion of this Council it is desirable, in the interests of the future welfare of the •colony, that the Government should declare ita policy either as Freetrade or Protectionist The mover spoke at some length on the motion, whioh The Hon. Mr Wood briefly supported. The Hon. Mr Whitakbb pointed out that if desirable at all, the present was a most inopportune time to bri D g forward such a motion. It was then negativod on the voices. The Portobello Road Board Enabling Bill (Captain Fraser) was read a first time. The Hon. Mr Eobihson was given leave for the rest of the session on urgent private affairs.

The Hon. Oobnel Bbbtt moved—" Whenever any member of the Legislative Counoil, who shall have attended the Council during any part of a session, shall absent himself durrog the said session for more than one week at a time, without express leave of absence from the Council, it Bhall be the duty of the Clerk of the Council to call the attention of the Hon. the Speaker to the absence of any such member ; and any member so absenting himself without leave may be dealt with by the Council in terms of Standing Orders No. 96 and 327." The mover spoke at considerable length, and with much vehemence, in support of his motion, and on the little value some members plaoed upon the honor of a seat in the Council, as shown by the perfunctory manner in whioh they attended. There was a short debate on the motion, which, on a division, was carried by 15 to 13 votes.

The Hon. Mr Milleb moved—" That the Council should resolve itself into a committee to consider the Ashburton County Counoil Waterworks Bill." To this Sir F. Bell moved an amendment —" It is inexpedient to allow the establishment of a precedent that the county fund of a county should be involved in liability for any public work undertaken, not for the benefit of the county, but only for part thoreof, without the assent of the ratepayers of the whole county." On this there was some discussion relative to the need of passing the Bill, and the noncompliance with the Standing Orders by its promoters, but at four o'clock the debate was adjourned, and the motion lapsed for the day, as did four others.

The Nelson Gas and Waterworks Sale Act, 1877, Amendment Bill was read a second time. The Oamarn Harbor Board Bill was thrown out on the motion of the Hon. Mr Watebhouse by 14 votos to 11. On the motion for the seoond reading of the Taranaki Iron Bmelting Works Land Act, 1874, Amendment Bill, there was considerable discussion. The Council adjourned from 5 to 7.30. EVENING SITTING. On the suggestion of the Hon. Mr Whitaxbb the debate was adjourned to the next sitting. It was ordered, on the motion of the Hon. Mr Whttakeb, that the Counoil should meet on Monday at 2 30. The Imprest Supply, Port Chalmers Drill Shed, Caversham Boroughs Incorporation, and Law Practitioners Act Amendment Bilis (from the Lower House) were read a first time. The High School Beserves, Oanterbnry Bivere Aot, 1870, Amendment, Auckland College and Grammar Bchool, Wanganui Harbor Board and Biver Conservators Grant, and New Zealand University Beserves Bills were passed through Committee. The lastnamed was read a third time. The Counties Aot Amendment Bill was prtially passed through Committee, with numerous amendments. The Council rose at 10.35. HOUSE OP EEPBESENTATIVES. Fbidat, Avqvbt 20.

MOKNING SITTING. \ The Speaker took the chair at 11 o'clook. The House went into committee on the ; Wellington Eacing Club Bill. , Mr Mason hoped the Bill would be dropped, i and no more time wasted over it; and to bring matters to an issue would move that the Chairman leave the chair. Mr Lbvin said, so far as he was concerned, , he should stick to the Bill to the last. Mr Whitakbb supported Mr Lavin. Mr Hutchison subsequently wished to withdraw his opposition, but the Houso j would not allow this course to be adopted. After a few more observations from Mr levin, the motion for the Chairman leaving tho chair was put and carried. The Bill was consequently shelved. On the order for committing the Law Practitioners Act Amendment Bill, Mr Sutton moved that it be read that day six months. The motion was lost, |the Bill was committed and reported with amendments, read a third time, and passed. The Caversham Boroughs Incorporation Bill was read a third time, passed through committee, read a third time, and passed. The Port Chalmers Drill Shed Bill was also read a third time and pissed. The House then adjourned. AFTERNOON SIITING. The House resumed at 3 o'clock. Mr Bain gave notice to ask the Government what policy they intended to adopt in regard to those railway lines which had had ample reserves set apart for them. QUESTIONS. In answer to Mr Wbight, who aßked the Colonial Secretary whether he is aware that he is paying a colonial insurance office 263 3d per £IOO for the insurance of Government House, while a foreign office offered to undertake the risk for 12i 6:1 per £IOO, The Hon. the Minister op Public Wobks replied in the negative, and stated that the information of the hon. gentleman was altogether incorrect. They would not «ncourage local industries at such a loss to the colony. Replying to Mr Fulton, The Hon. the Pbbmibb stated that the question of an improvement in the law of divorce would be considered by the Law Commission, and probably a Bill introduced into the House on the subject next session. In reply to a question by Mr Pykb as to the condition of the piles whioh were being driven into the river at the Rangitata Bridge in 1878, The Hon. the Ministbb of Public Wobks Btated that he had found a memorandum from his predecessor in office (the hon. member for Port Chalmers) to the effect that there was no reason to suppose that the conditions of the contract had not been thoroughly carried put. Mr Wbight, as the contractor in question, would like to eay a few words. _ He had built bridges in the aggregate averaging some seven -miles in length. The bridges at Rangitata South and Rangitata North were'eaoh 2000 feet long, and ovary bit of the work had been scrutinised oarefuliy before it was passed. The piles, however, had been scoured away during the heavy floods of 1878, pervading over the whole of the upper portion of the provinoe of ■Canterbury. In reply to the Hon. Mr Richardson, The Hon. the Ministbb of Public Wobks stated there was no reason for not placing the departmental reports with the Pubiio Works Statement, except the fact that they were so very volnminou?. They would, however, be laid upon the table of the House iE required. Replying to the Hon. Mr Richardson, The Hon. the Ministbb of Public Wobks read the correct returns of the working of the Dunedin and Christchnrch stations, the former being £I2OO and the latter £9OO. The Hon. Mr Richabdson said this was practically a reversal of the first figures given. In answer to Mr Reeves, The Hon. the Pbbhibb said the Government did not at present think of establishing a Royal Mint in Now Zealand. In reply to Mr Gibbs, The Hon. Mujor Atkinson said that it was intended to make a survey of the Collingwood Harbor at an early date. In answer to a question pat by Mr B jllanoa,

who asked whether written instructions were given to Captain Mair and Major Kemp relative to a survey, " which instructions were diverse, and in consequence this land surrey ed clandestinely," The Hon. the Native Ministeb stated tbat no such instructions had been given. Mr Habbis asked, in the absence of Mr Bheehan, whether the report of the Middlo Island Commission had been reoeived ? The Hon. the Ministbb fob Public Wobks replied in the affirmative, and said it would be laid upon the table of the House in two or three days. . Mr Bbstham asked the Minister for Public Works,—lf, in the event of a company being formed to complete the Wellington and Foxton line to Porirua, the Government will be prepared to lease on equitable terms the railway formation from Kaiwarra to Johnsonville ? The Hon. the Ministbb fob Public Wobk replied that, in the event of such a company being formed the Government would treat with them most liberally. They would even go further than was suggested, and hand over the land and the line on certain terms. Mr PrsE asked the Government, —(1) Whether they are aware that the railway line from Oxford to Malvern (Sheffield), recommended by the Railway Commissioners, is a mere pretext, oommi'ting the oolony to building a line from Oxford to Temuka : (2) whether such railway will be of any public benefit, and to what extant ; (3) whether the proposed lino of railway passes through the estates of tho Hon. John Hall, the Premier, and of Mr Wright, a member of tho Railway Commission ? In asking the question, Mr Pyke said he was not quite sure what it was that had vexed the Premier on the previous day, but if it was the form of the question he would slightly alter it and leave out the word " pretext " in the first part of the question. He would ask whether the construction of the line from Oxford to Malvern would result in the making of the line from Oxford to Temuka. He would ask tho question in that way, to remove any feeling thero might be on the subjeot. ■ He put the other questions as they stood upon the paper. The Hon. the Ministeb op Public Wobks said the first part of the question would opon up debatoablo matter. With regard to the second part of the question, he would answer in the negative. The Government was not aware it was a mere pretext, that would commit the colony to tho line from Oxford to Temuka. The section from Oxford to Malvern would be a most useful ono, and had been recommended by the Commission. No person on the Commission had property on the line of that railway. The third part of the question was put in such a way as to make it very doubtful whioh.of the lines it meant. The line waß commenced some years before tho present Ministry took office, and abandoned since they came into office, and he could assure the hon. gentleman that neither of the gentlemen interested had property in the neighborhood of the line at present under consideration.

The following new Bills were introduced and read a first time :—Hon. Major Atkinion: The Stamp Fee Bill; A Bill to alter the duties of Customp. (In Committee) : The Stamp Act Amendment Bill. (In Committee) —Hon. Mr BolleBton: The Special Powers and Contracts Bill. (In Committee). An Imprest Supply Bill for £200,000 was brought down, and passed through all its stages. The House then went into Committee on the Native Lands Sales Bill, which was being considered at 5.30, when the House adjourned. EVENING- SITTING. The House resumed at 7.30, when progress was reported, and leave given to sit again. The dobate was then resumed on the West Coast Bill, adjourned from the previous evening. Colonel Tbimbie would content himself with saying he entirely agreed with the Bill as it stood, and he thought it was only right for him, on behalf of the people he represented, to thank the gentlemen who had formed the Commission for the great pains and trouble they had taken in preparing their report. Mr Whitakbe reported to the House that it would be quite impossible for Mr Sheehan to attend that ovoning, for ho was suffering from a very bad cold, a*jd even if he were able to get down to the House he would not be able to mate himself heard. Mr Tomoana said if ho could form a clear idea as to what was in the reports of the Koyal Commission, but they had never been translated—and he had no means of being made fully acquainted with their contents. He had not agreed with the Maoris being taken into custody, and had protested against it. He objected to the present Bill mixing up the report of the Native Commission. With regard to the prisoners in custody, he was strongly of opinion that they ought to be released. The wives and families of these people were left at home wholly unoared for, wbioh conld not but lead to very evil results. He did not wish to speak in favor of Te Whiti, on the contrary, he condemned his conduct and that of bis following. Mr Gisbobnb thought the Commissioners had made one mistake. They should themselves have gone to Parihaka, and personally have interviewed Te Whiti. Suoh a course would have been of the utmost benefit to the oountry. He bolieved the Commissioners themselves wore.willing to do so, but that the Government used their influence to prevent it. With regard to the Bill under disousßioD, the hen. gentleman spoke in favor of its necessity, and of the necessity of giving the Government at the present time some special powers. At the same time he hoped the Government would bo exceedingly cautious, so that they I would not precipitate a war with the Natives, which would be of a most disastrous oharacter.

Sir William Fox begged to express the pleasure which he and his brother Commissioner felt at the manner in which their report had been received. They also felt thankfulto the Government for the great confidence which they had placed in them, and which had enabled thorn to bring their labors to a successful close. Ho likewise desired to express his thanks to the hon. member for the Thames for the manner in which he had spoken of the Commission ; and also to the press throughout the country, which had recognised the value of their work when it was done. He sincerely trusted the Government would carry out the recommendation of the report, and he_ felt sure they would do so to a successful issue. Ho was desirous to say a word on a remark which had fallen from their colleague, Mr Mohi Tawhai. Ho seemed to think the Europeans had no right to confiscate at the present time, or indeed after 1865. The Government had power to confiscate the land by nroclamation. This they had done, and it belonged to us for all time, whether we took possession of it or not, but as a matter of fact they had taken possession of portions of the land, which was equivalent to taking possession of the whole. On this subjeot Mr Tawhai had a misunderstanding, which seemed to be shared by the Natives of the West Coast. The Commissioners, in one or two quarters, had been charged with exoeeding their powers, and had placed the Government of the coun: ry in a predicament by letting the public know what their decision was by the publication of their report. But _if the I Governor's commission were examined, it would bo found that they had in no way exceeded their instructions. By their commission- they wero especially asked to give their opinion on the wholo subject, based on the f ulleat enquiry. There was not an opinion they had formed which was not based on absolute facts, after tho most careful consideration. In the words of their greatest English poet, they had determined when they entered upon the commission, to " tell a plain unvarnished tale, nothing extenuate, nor set down aught in malice." [Applause.] The Hon. Mr Bbycb said it was a matter of gratification to him that so much commendation had been thrown upon the Commission, and to a certain extent upon the Government, for the selection they had made. [Applause, and cries of " No, no."] He did not know whether Sir George Grey had intended to praise the Government, but he had undoubtedly done so in the course of his remarks. Tho hon. gentleman at some length proceeded to criticise tho speeches whioh had been made adversely to the Bill. Te Whiti wa9 not doing this thing to test the question before our Courts of Law—it was to try and show New Zealand that he held himself above the Parliament and the people both —that he was above all men. The motion for tho second reading was then agreed to on the voices. Tho Speaker then loft the chair, and the Houae went into Committee on the Bill. On the third clause being read, Sir Geoboe Gbey proposed to insert after the word " fit," in tho eecond line, the following words :—"To cause to be carried out the various recommendations contained in the third report of the Commissioners."

The Natite Ministkb said the insertion of such words would show a want of confl ience in the Gjvernmenr, and he hoped the House would not aocept the words, whatever might be the feeling on the subjeot of a section of the House. The amendment was lost on the voices, and the clause as printed agreed to. Clause 4 was passed without discussion, but a good deal of debate took place on the sth clause, in the oourse of whioh Mr Johnston said ho did not see the necessity for the clause at all in the Bill. The clause in question wbb in referenoe to Taranaki and Wellington land districts altered, and now land distriots constituted—powers to be ves'ad in a Commissioner. Sir William Fox said unless this West Coast question was settled, there would be no lands tor tho Taranaki Haibor Board to get at all.

Ultimately the clause was agreed to. In reply to a question by Mr George, The Hon. the Native Ministbb stated that the clauses of the Bill were not retrospective. In tho fifth line of the 6th clause the words "on conviction thereof shall be " were introduced after the word " and," Mr Mohi Tawhai moved that the words " with hard labor " be struck out.

The motion, however, was negatived. The Commit! ee then proceeded to consider the sub'Sections of the clause.

Mr Pske protested against tho Act again. He heli it to be entirely opposed to every feeling of freedom with which an Englishman ought to be imbued. Members opposed to the Bill, and who had any regard for their own character, ought to walk out of the House and allow Ministers to carry out their wickedness without contradiction. If they did that they would do what would be considered right and just by future generations. Mr Moss Bftid Te Whiti was a remarkably clever man, and seleoted his young men for fencing purposes from all parts of the colony, so that the Natives of New Zealand from one end to the other would lose every feeling of faith or justice in the English people. The following are th? sub-sections which caused the main discussion of the evening : "Any person who wilfully and unlawfully obstructs any person authoiised by the Governor to do or perform any act or thing in , pursuance of • this Act, or for the purpose of carrying out the provisions thereof." •' Any person who wilfully and unlawfully cuts down, breaks, removes, or destroys any building, bridge, fence, survey pegs, or stations, or other erection whereby the public peace may be endangered." "Any person who wilfully and unlawfully digs up, ploughs, breaks, or disturbs the surface of any land, whereby the lawful occupation thereof is obstructed or impeded." "Any person who unlawfully erects any fence or building on any land, or commits thereon any other act whereby the lawful occupation of such land may be obstructed or impeded." " Any person who wilfully and unlawfully digs up, breaks, removes, or destroys the surface of any road whioh the Governor, by notice in the " Gazette," has declared to be a highway, or places or causes to be placed thereon any obstruction, with a view of hindering or impeding the free use of such road or highway wholly or in part by Her Majesty's subjeots." " Any persona who assemble together, armed or unarmed, or with or without tools or implements, for any of the purposes or objeots aforesaid, or are present at the commission of any such offences or acta as aforesaid for the purpose of aiding, assisting, or countenancing the commission of any such acts or offences as aforesaid, or may reasonably bo suspected to be present for all or any of such purposes or objeots." Mr Montgomery said the Act as it stood gave power to imprison a Maori for two years simply if he was suspected, whioh he held was altogether unconstitutional. Mr Mohi Tawhai moved that in the 6th subsection the words "or unarmed" be struck out.

The motion was negatived. Considerable discussion took place on this sub-section, it being moved that the words "or may reasonably be suspected to be present," and to the end of the sentence, be omitted. The motion was lost on a division by 37 to 26. In clause 7 the words, "whe commits," were inserted in lieu of the words, " who has committed." Clause 8 was passed without amendment. Mr Ballanoe moved an additional clause as follows :—" Clauses 6 and 7of this .Aot shall continue in force for five years after the expiration of the present Parliament, and no longer." On the motion of Major Tb Wheobo, the word " three " was substituted for the woid "five."

The Bill was then reported, with slight amendments, which, on the motion of the Native Ministbb, were agreed to. . . On the motion for the third reading, several members expressed their strong disapprobation of the measure.

Mr Montgombht spoko a few words in favor of military settlements, and giving such settlers small farms, on condition that they occupied them for a certain number of years. Ultimately the Bill was read a third time and passed, and the House adjourned at 1.15 a.m.