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PARLIAMENTARY.

LEGISLATIVE COUNCIL.

Friday, September 9.

The Connell mot at 2.30 p.m. The Hon. W. Robinson was granted a week’s leave on urgent private affairs. The Harbors Act, 1878, Amendment Bill was road a second time. . The Geraldine Racecourse Reserve Bill, Wnirnato and Temuka Public School Sites Bill, Roxburgh Recreation Ground Management Bill, and Chatham Islands Bill were read a third time, and passed. The Gold Duty Abolition Bill and Protection of Crops Bill were read a first time. A message from the Lower House stated that the Council’s amendments in the Pension Bill were not agreed to, on the ground that the amendments in the Bill were a breach of the privileges of the Lower House. The subject was ordered to bo considered on Monday. The Lower House amendments in the Adoption of Children Bill and the Lower House disagreement with the Council’s amendments in the Licensing Bill are to be considered on Monday. The debate on the second reading of the Representation Bill was resumed. The Hon. G. Johnson said it was a great mistake to increase the number of members. Representation was so adjusted as to keep up local jealousies. He blamed the Government for not bringing in a self-adjusting system similar to that existing in other colonies and in America.

The Hon. Dr. Grace said the representation in both islands was now ns nearly fair as it was possible to make it. The Maoris should be included in the general population. The present representation was the happiest compromise between the different bases of population and revenue. Ho predicted that the results of the Bill would be most deplorable and permanent. The Hon. H. Scotland spoke against some portions of the Bill.

The Hon. W. H. Reynolds supported the Bill.

The Hon. J. Williamson was not prepared to vote agsinst the Bill, because some change was required, and it being so late in the session there was no time to bring in another measure. The Hon. H. Lahman and the Hon. G. Mantell spoke against the bill. The Hon. F. Whitaker replied. The second reading was carried by 14 to 8. Divi-ion list:

Ayes—Hons. Acland, Brett, Fraser, Holmes, J. Johnston, Ngatata, Nurse, Peacock, Peter. Reynolds, Robinson, Whitaker, Wigley, and Wood. Noes —Hons. P. A. Buckley, Chamberlain, Dignan, Lahman, Mantel, Richmond, and Scotland. The Council adjourned from 5 to 7.30. EVENING- SITTING. The Council resumed at 7.30. The Mastcrton and Greytown Lands Management Act, 1871, Amendment Bill. Prisons Act Amendment Bill, Post Office Bill, Dog Registration Bill, Timarn Harbor Act Amendment Bill, Southland Agricultural and Pastoral Association Reserve Bill, and Akaroa High School Bill were read a second time. The Waimate Course Reserve Bill was read a third time. The Fencing Bill, Rabbit Nuisance Bill, Gold Duties Act Amendment Bill, and Timaru Water-race Reserve Bill were road a first time. The amendments made by the Lower House in the Parliamentary Privileges Bill were not agreed to, and managers wore appointed. The Council rose at 9.5. HOUSE OF REPRESENTATIVES, Friday, September 9. The House met at 2.30 p.m. NOTICE OP MOTION. Sir G. Grey gave notice that he would ask if the Government would be prepared to place on the estimates a sum providing a bonus for the first fifty ostriches landed in the colony, as an encouragement of ostrich farming in New Zealand. THE GOVERNOR’S DEPARTURE.

On the motion that the House on rising adjourn to 11 o’clock on Monday, Mr Gisborne desired to raise two questions as to the effect of the Governor’s departure from the colony on a visit to the South Sea Islands. The first was that by the Constitution Act the General Assembly was constituted as consisting of the Governor, the Legislative Council and House of Representatives. It was also provided that the General Assembly, that was the three estates named, should meet for business at a place to be appointed by proclamation. Now, Wellington was the place so named, and the first point, therefore, was whether the absence from Wellington of one of the estates did not terminate the sitting of the General Assembly. The second point was that the letters patent constituting the office of Governor of New Zealand provided that in the event of the death, incapacity or departure of the Governor, the dormant commission of the Chief Justice should come into operation, and remain in force until her Majesty’s pleasure was'otherwise sisnified. The word departure was evidently not synonymous with temporaiy absence. Other clauses provided for temporary absence not exceeding one month with leave, and during snob temporary absence the dormmfc commission was not to come into force, bat tho Governor was to appoint a deputy or Lieut.-Governor with such powers as are necessary. In the present case the Governor’s absence would exceed a month, and therefore the provisions as to temporary absence did not apply; but if once the Chief Justice’s dormant commission came into force, he would hold office until tho signification of tho Queen’s pleasure, and the Governor could not on his return resume office.

Mr Fyke urged that it was highly inconvenient for the Governor to leave during the sitting of Parliament, which went to show that the present arrangement of combining the Governorship and the High Commisaionership in the one person was most inconvenient. To his mind it suggested one or two things—either that they could dispense with the Chief Justice, who would thus bo kept from hia legitimate duties at least a quarter of the year, or else they could dispense with the Governor, if ho could thus remain away three or four months in the year from his duties and the scene of the duties in Now Zealand. He also pointed ont that documents which had cost .£■looo for printing had been printed in New Zealand on business connected with the office of High Commissioner. To his mind, that fact suggested the idea that bis Excellency could have devoted very little time to the business of this colony. The fact went to show that they could very well afford to dispense with the high salary, or at least a groat portion thereof, at present provided for the Governor. They deducted 10 per cent, off every paltry salary, but this was a direction in which a material saving might well be effected. Sir W. Fox could not see that the presence of the Governor at the place where he bad convened the Legislature was necessary. He thought that too fine a distinction hod been attempted to be drawn between the words “ departure from” and “absence from the colony.” The one phrase included the other, as the absence must involve departure, and the departure the absence. Mr Macandkew said the real Governor sat on these benches, and it mattered very little whether the nominal Governor was here or in Fiji. The Hon, J. Hall said he did not attach ranch importance to the points so ingeniously raised by Mr Gisborne. The effect of the Governor’s absence had[been carefully considered by the Ministry, with the assistance of the Attorney-General, and they had decided that they might consent to it without causing inconvenience. The Governor was quite willing to remain had their conclusion been different. The special points raised had not, of course, been considered, bnt they would bo, and, if necessary, tho Governor could be telegraphed to before he left Auckland. He referred at some length to the letters patent and instructions, and contended that there were precedents for the Governor leaving Wellington during the session. Regarding Mr Fyke’s remarks, he did not concur in them, and ha might say that his Excellency had intimated to him that if the 10 per cent, reduction was to be continued this year, he desired that it might bo applied to his own salary. The discussion then dropped, and tho motion to meet on Monday at 11 a.m. was agreed to. QUESTIONS. Replying to a question put by Mr Driver, without notice, The Hon. J. Hall stated that h« expected to be able to explain, on Monday, the order of business and what measures it was intended to drop. Replying to Mr Shanks, Tho Hon. W. Rolleston said that in tho matter of tho petition of McKinnon and others, as tho law now stood it would bo impossible to extend their leases as recommended by the waste lands committee. Replying to Mr Andrews, The Hon. J. Hall said it was incorrect to attribute the reduction of engineers, permanent way, and other railway Lands to the 10 percent, redaction. It had been made so as to read just in conformity with the rates paid for similar work in the ontside labor market. Replying to Mr Murray, The Hon J. Hall said tho Governor drew half salary during his absence, and tho ActingGovernor the other half, as well as half his own salary. Replying to Mr Levestam, The Hon. J. Hall said that, except when tho services required were insignificant, repairs to Government buildings were always lot by public tender. Replying to Mr Pyko, The Hon. J. Hall said that the subject of reducing the salaries of all future Governors was under consideration, bnt bo did not think any

definite conclusion would be arrived at before the close of the session.

miscellaneous. Mr Bunny called attention to a return laid on the table, purporting to bo details of the expenditure upon Royal Commissions. He complained that the details wore manifestly incomplete; for example, Mr Pbarazyn, a member of the Civil Service Commission, had been paid honorarium £338, besides travelling expenses, while the whole amount paid to the whole of the commissioners was only £619. There was a note appended to Mr Pharazyn’a item—" Special allowance.” Ho desired particulars of what that special allowance meant. He further explained that he had communicated with the chairman of the Commission, as also with Mr Kelly, as a member of the Commission, but they knew of no special allowance having been made to Mr Pbarazyn, The Hon. Major Atkinson said the particulars would be furnished, Mr Hall moved the second reading of the Railway Authorization Bill.

The House divided—Ayes, 43 ; noes, 11. The Bill was read a second time, and ordered to bo committed on Monday. The following Bills were also read a second time :—Thermal Springs District; Westland and Nelson Coalfields Administration; Special Powers and Contracts; Public Health Act, 1876, Amendment.

The Town District Public Domains Bill was read a third time and passed. The following passed through committee and were read a third time and passed :—Timarn Water Race Reserves and Rabbit Nuisance Act Amendment Bill. The Honso adjourned at .30. EVENING SITTING. The House resumed at 7.30. TOWNS DISTRICT BILL. On the question for committal of the Towns District Bill for Monday, Mr Seddon moved that it bo that day week. Mr Pyke moved that it bo committed that day six months, contending that the encouraging of those small districts to appropriate their own rates would operate ai an injustice to the counties. The question was put, that the Bill be committed on Monday—Ayes, 45 ; noos, 15. RAILWAY CONSTRUCTION BILL. On the motion (for going into committee on the Railway Construction and Land Bill, Mr Murray took exception to the Bill, expatiating at length on the danger of allowing these works to bo constructed by companies, and submitted an elaborate scheme of his own. Mr Macandrew would not oppose the Bill, but at the same time he expressed an opinion that the railways should be undertaken by the Government and net left to the operations of private companies. Mr Oliver adopted an opposite view, thinking that a good workable measure could be made of it.

The motion for going into committee was then put and carried. Clauses 11 and 12—powers to exact security. The Hon. J. Hall raid, in deference to the opinions of members well versed in these matters, he proposed to omit these clauses. After discussion, clause 11 was allowed to stand ; danse 12 remained as printed, on a division.

The clauses to 46 agreed to. Clause 47—The following addition was made: —“ And upon or after such inspection may require that such additions, alterations, or repairs shall be made by the company in each manner as the Governor shall be advised as necessary or desirable for the utility or safety of the line.”

Clause 48 was struck out by 28 to 21. Clause 54, was made to read, “ debentures payable in twenty-five years.” Clause 65—Interest was reduced from 7 per cent., as printed, to 6 per cent. Clause 71 was postponed. Clause 92 was'made to read, “ earning a clear profit of 7 per centum.” To clause 96 was added : — “ Provided no such agreement shall|be for more than one year,” Clause 103 was amended by the addition : “That no legalcontract be entered into until the agreement bo endorsed by Parliament.” The remaining clauses passed without amendment. The following was proposed as a new clause: “Notwithstanding anything hereinbefore contained, the Governor may contract, under the provisions of the Act, with companies formed for the construction of lines of railway mentioned in the schedule, and contracts so made shall be valid and effectual to all intents and purposes, and shall not be avoidable by any resolutions passed as aforesaid, unless such contract shall be repugnant to any other provisions ef the Act, and the company contracted with shall, immediately after making such contract, be entitled to proceed with the construction of the line to be constructed by it ; provided that in case any contract so entered into shsll be lawfully avoided by reason of such repugnancy as aforesaid, such company shall not be entitled to claim for compensation against or from her Majesty the Queen or the Government of the colony by reason of such avoidance or by reason of anything done by the company under the provisions thereof, or under the provisions of the Act in respect thereof.” In the course of the debate Mr Skddon said that the member for Grey Va'ley had been appointed solicitor for the Amberley-Greymouth line. Mr Weston denied the statement. Mr Seddon went on to say that in that case the Canterbury Press was a liar, as he had read it in the paper referred to. Mr Seddon was called to order by the Chairman, and, on persisting, was peremptorily ordered to desist. He then went on to contend that the power proposed was one which should not be left in the hands of the Government of the day. A largo number of amendments, as proposed by the Government, were made in the other clauses, and certain new clauses were added. On consideration of the schedules, Mr Jones moved to include a line from Komori to Newcastle. —Lost by 17 to 12. Mr London proposed to include a line from Kawakawa to Hokianga.—Ayes, 12 ; noea, 17. Mr Pyke moved to include a line from Kelso to Roxburgh.—Ayes, 10 ; noes, 21. Mr London moved to include a line from Pnkekoho to Wainkn.—Ayes, 11 ; noes, 19. Mr Seddon, after some altercation with the Chairman about having to confine himself to speaking on the schedule, moved to include the Hokitika and Greymouth line.—Ayes, 10; nces, 22. Mr Pyke called attention to _Mr Seddon having voted after he had paired with the Hon. W. Kolleaton.

The Chairman said he could not take notice of the fact, as pairs were only a matter of honour between members.

Subsequently Mr Ptke complained that Mr Seddon had ca'led him a “ liar.”

Tho Chairman declined to take notice of anything said privately. Mr Ptke then said it would have to be settled in the lobby, to which Mr Seddon replied he was “ agreeable.” Tho schedules having passed the Bill was reported, when Mr Thompson moved that clause 15 be not agreed to. Mr Murray moved the adjournment of the debate till Monday, which was lost by 21 to 8. Mr Thompson’s amendment was lost by 21 to 8 also.

On the motion that the Bill be read a third ;ime,

Mr Shrimski moved it be read that day six months.

After some remarks from Mr London, Mr Shrimski’s amendment was negatived and the Bill was read a third time and passed. The House rose at 4.25.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/GLOBE18810910.2.11

Bibliographic details

Globe, Volume XXIII, Issue 2320, 10 September 1881, Page 3

Word Count
2,702

PARLIAMENTARY. Globe, Volume XXIII, Issue 2320, 10 September 1881, Page 3

PARLIAMENTARY. Globe, Volume XXIII, Issue 2320, 10 September 1881, Page 3

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