NOTES IN THE NELSON PROVINCIAL COUNCIL.

Grey River Argus, Volume IX, Issue 677, 21 May 1870, Page 4

NOTES IN THE NELSON PROVINCIAL COUNCIL.

With regard to the vacancy for the Grey District, consequent upon the resignation of Mr Franklyn, the following is the case which was submitted to the Attorney - General, and his opinion thereon : — " The Select Committee appointed to prepare a telegram to be sent to the Colonial Secretary, beg to recommend the following : — "A member of Provincial Council sent in his 'resignation by post to the Superintendent, bearing date at Westport, 12th March ; Superintendent received it 18th March. A member of the Executive received same day, a letter from resigning member, stating that resignation was made in order that Executive member might take seat so resigned. A reply from the member of Executive was sent by telegraph in these words : — 'March 18. ' I shall not become candidate. Do you now wish to withdraw application 1 If so telegraph direct to Superintendent.' " The resigning member then sent the following telegram to the Superintendent, ■who received it same day : — 'March 18. .'His Honor the Superintendent,- — If not too late, I beg to Avithdraw my resignation dated 12th inst,' "About three hours elapsed between the receipt of letter of resignation, and the lost copied telegram. '* The Superintendent permitted the withdrawal, and the member has taken his seat. " The opinion of the Attorney-General is requested. "I. Did the seat of the resigning member become vacant when the Superintendent received letter of resignation 1 (See Clause 9, Constitution Act.) 2. Had Superintendent power to permit withdrawal of resignation? 3. Does Clause 11 Empower Superintendent to refer case to Provincial Council, the member having takenhis seat ? oV.i>.0 V.i>. M.Luckie, Chairman. "Proviacial Council Chamber, "Nelson, May 12, 1870." Colonial Secretary to the Superen- '■"■' ' if TENDENTi " Wellington, May 14, 1870. '* Re your telegram of 12th inst., I send you opiuion of Attorney-General, but as the matter is not one for action of General Government, it does not hold itself responsible for opinion, and you must receive it as given to yourself. OPINION. ' 1 think it clear that immediately Upon the receipt of the letter of resignation, ■without any recording thereof, or other act done by the Superintendent, or any other person, the seat of the member became vacant. I think the 9th section of the Constitution Act clear and express to this effect.- (Signed) J. PrenderOAST.' "(Signed) W. Gisbokne." TJNAOTHOKISED EXPENDITURE. ■Mr Gibbs moved, "That the amount be reduced by L 62 10s, that being the sum paid to Mr Dent in excess of last year's vote. He said the Council could not permit the Superintendent to set them at defiance as he had done. Mr Rutherford seconded the motion, and said if the Council was to be defied in that manner, it was high time for it to show that it could do something more than bark. Carried by 13 to 5, the Government being defeated. ADDITIONAL REPRESENTATION OF WEST 'COAST. On the motion of Mr Donne, it was resolved, " That it was desirable that additional representation should be afforded in the General Assembly for the Gold Fields in the district of Westland North ;" and the Speaker was requested to transmit a copy of this resolution to the Colonial Secretary. PROSPECTING FOR GOLD. Mr O'Conor moved, "That a committee be appointed to consider and report'upon the best means that can be adopted to encourage persons desirous of prospecting in search of gold, such committee to consist of Messrs Donne, Shephard, Mackley, Reid, Gibbs, and the mover." SALE OF PROVINCIAL LANDS. Ifo^'o'CJONok ■ moved— " That Provincial lands, when sold by audtipn, should, in the opinion of this Council, when practicable, 1 be offered for sale at the nearest township 1 in the locality in which such lands are situated." The Provincial Secretary said the Commissioner of Crown Lands had no objections to the proposal ; and it was agreed to. • . COAL FIELD BONUS. On the motion of Mr Gibbs, amended, by Mr Wastney, it was resolved — " That the time for claiming the bonus recommended! in the' report of the select comiffitfee,tb4he Ballerlaud ottiejivcoal fields, adopted by the Council on the 26th July, 1

386?, be extended to the Ist of June, 1871. J1 VOTE OF CENSURE ON THE SUPERINTENDENT. On the motion of Mr Shepherd, a motion was carried to the effect that the proceedings of His Honor tho Superintendent and Mr T. A. S. Kynnersley, a member of the Executive, in connection with the resignation of Mr Franklyn, as one of the members fur the Grey District, were highly unconstitutional, and merit the gravest censure of the Council,