PROVINCIAL COUNCIL

Hawke's Bay Times, Volume 14, Issue 725, 11 October 1869, Page 3

PROVINCIAL COUNCIL

"""'''FRIDAY, OCTOBER 1, 1869.

Jflß Speaker,took the chair at 3 pl n. Presen —Mr Parsons, At 10 minutes past 3, there being jj o quorum, the Speaker adjourned e Council to the usual sitting-hour nt»t day. SATURDAY, OCTOBER 2, 1869. jflE Speaker took the chair at 3 p,n. Present—Messrs A'Deane, jjnciianan, Carlyon, Ferard, Kenedy, Lambert., Parsons., Rhodes, gutton, Tanner, Weston, Wood. NUHAKA PERRY. Mr Ferard asked tlje ment^Whether the Nuhalca Ferry Reserve has taen j ea lt with in accordance with the resolution of the Council last session. Mr Rhodes said that, nothing had been done in the matter since last The use of the reserve was given to a man named Bell on the condition that he attended to the f e ny. He had several times applied for a leaxe, but this it was out of the power of the Superintendent to want MESSAGES. Two messages from the iendent were read, and on the motion of Mr Buchanan, were ordered to be printed.

EESIGNATIOtf OFTHE PROVINCIAL SOLICITOR

Mr Carlyon moved — ?hat the Superintendent shall lay on the table of the Council a copy of the written resignation gany) of the Provincial Solicitor. -This question was one of more importance than might appear at first view, for if the Provincial Solictor had really resigned, all that the Council had done this session, through one of their standing orders, wild be invalid. This question H been so evaded that he found the tnlv way to bring it to an issue was iy this motion. He could understand that the Provincial Solicitor—in a huff, like other gentlemen — light resign his office, and afterwi'd* wish to resume it, or he could mderstand his being re-appointed; kit if what they were told was true that the Superintendent had created jnew office—that of Acting Provintial Solictor —and had placed the late Provincial Solicitor in that office—hen the Superintendent had done m utterly illegal thing, which would invalidate every act passed this session. He had no personal objection to the late Provincial Solicitor, but le had a great objection to the creation of a new office for his benefit. there were now something over 200 sections of land offered for sale, which, he supposed would be someling like .£4OO in the Acting Prokial Solicitor's pocket. Now, he maintained that any document signed ty that gentleman since his resignation—either as Provincial Solicitor I Acting Provincial Solicitor was illegal and invalid. Mr Tanner said there was a point

lis colleague had not mentioned. Last session the Council voted a salary for a Provincial Solicitor, but lid not make any provision for an icting Provincial Solicitor. Therebe, if the Government had been Jajing this labver gentleman any satoy, it must appear ay unauthorized expenditure. Mr Ferard objected to the disttpectful form of the motion, These iinga were generally put in the tra of a request. Mr Carlyon explained that he BDsidered he had made the request fen enough, and no notice had ten taken by the Government. by had compelled him to bring Ward a motion, which he hoped « Council would pass. Mr Rhodes confessed his total nihility to tell what purpose could be fted by this motion. He could 't say whether the Superintendent ,0 «ld lay the papers on the table or | ot J beyond the fact that audi a "foment existed, he knew nothing *°'»t it. As for the legal opinion "foe member for Te Aute, he did any very high value to it; 5r he believed that any legal gentle"H whom his honor the Superin;!ent might consult—though it that member himself —would J Acting Provincial Solicitor for 'tone being. Mr Sutton said it was not a fit. that an Acting Provincial So-!

licitor should be drawing the provincial pay -without taking his due responsibilities. Last session the Superintendent was aiithoiiaed by the Council to instinct the Provincial Solicitor to take legal proceedings to collect a large amount of owing to the Province. On meeting together again the Council found that out of £5,000 or £6,000 that officer had collected nothing. [Hear, hear.] One poor unfortunate victim had been locked up in Napier jail for a month, and as far as he [Mr S.] could see, it was not the Provincial Solicitor who took proceedings against him. It seemed that that gentleman still held his former powers, and drew his former pav and perquisites, but that he was quite excused from all responsibility. It would l>e much more satisfactory, to the Province if he was reappointed, or another gentleman placed in his former position. Mr Carlyon hoped the Council would not submit to the indignity sought to be put upon them by the member for Ciive, whose speech was the most complete evasion of a fair question that he had ever heard. The Council should not allow itself to be dictated to by any one member as to what documents or instruments it was to call for. What right had any member to say to the Council, ''Rex ego sum"? The member for Ciive said he could not see the use of thi« document. If he could not it was from wilful inability to comprehend it. The resolution was agreed to. Mr Rhodes objected to the very offensive way in which the member for Te Aute was in the habit of speaking of him. REPRESENTATION OP PORANGAHAU. The Speaker informed the Council that the Returning Officer had returned the Writ for Porangahau and had notified that John Davies Ormond, Esq., had been duly elected to represent that district in the Provincial Council.

Mr Ormond soon after took his seat. PORT AHURini MOORINGS. Mr Buchanan moved— That the Superintendent be requested to submit to this Council a sufficient appropriation for a set of screw or other suitable moorings for the Ahuriri roadstead. —lf the mooring* which were some time ago lost, were not recovered or replaced by others, our harbor would be avoided by vessels of large tonnage, and our trade greatly damaged. Under these circumstances the Ge neral Government might put down moorings, and charge them against the Province. He did not think the Council would like to be placed in that position. Thefewhundred pounds which efficient moorings would cost was a trivial matter compared with the loss of character the port would sustain without them Of course it was too late this year to do anything in the matter but if funds were not provided this session it might be difficult to do it in 1870.

Mr Kennedy was happy to second the motion. He hoped, however, that the Sturt would .succeed in her next attempt to recoxerthe old moorings, in which case, of course, there would be no positive necessity for this vote. Agreed to. LIABILITIES OF THE XATE STJPEBINTENDENT. Mr A'Deane moved— Whereas the "Provincial Audit Act, 1866," provides that unless an address to the Superintendent, to send to the Council a recommendation to grant a sum of money sufficient to meet the unauthorized expenditure, shall be passed by an absolute majority of the entire number of the members of the Provincial Council, the Provincial Auditor sh ill commence suits in the Supreme Court to recover the penalties recoverable, under the said Act, for signing and issuing special orders for the issue of money without appropriation; and whereas it is necessary to release the Superintendent from the penalties to which he is liable for such over and unauthorized expenditure, for the period ending 30th June 1868, the Council requests the Superintendent to submit to the Council a recommendation to grant a sum of money sufficient to meet the said unauthorized expenditure. Mr Rhodes seconded the moLion. Agreed to. PBIVIIiEGE. * Mr Ferard brought under the notice of the Superintendent a question of privilege. Long ago a notification appeared in t/>e Gazette that the member for Wairoa had resigned his seat, but no writ had been issued, and though questions had arisen in which the-

northern portion of the Province was interested, yet it had been without a representative. Hi* Honor said that when he came into office a few days ago and found th? seat vacant, he immediately diet his duty and issued a new writ.

Mr Buchanan said the matter had been fully entered into a day or two when it was shown that the vacancy wad owing to the neglect of the late Superintendent. WATPAWA ROAD. Colonel Lambert moved^ That an address be presented to his Honor the Superintendent, that he will be pleased to recommend a sum of money, sufficient for the repair of a part of the road between Waipawa and W;upawamate Stockade, which at the present time, is in a dangerous state, and will be impassable should rain come on. —He had passed along this road the other day, and it was in the state described in the resolution. One side was a precipice, and the road was only about six or seven inches wider than the breadth of a dray. Mr A'Deane seconded the motion. The road was in a very dangerous state, and communication by drays would soon be cut off if nothing was done, Agreed to. COMMITTEE ON UNAUTHORISED EXPENDITURE. Mr Ferard moved— That the items of excessive and unauthorized expenditure referred to in the communication from the Provincial Auditor, dated September 27,18G9, be considered in committee of the whole House. Colonel Lambert seconded the motion. Mr Carlyon would support the motion. So long as the Council was treated as it had been by the member for Olive —-o long as he threw such obstacles in the way of-business —so long as he used such arrogant language Mr .Rhodes submitted that this had nothing to do with the subject before the Council. He hoped they would not allow their time to be taken up by such frivolous personal attacks.

Mr Carlyon said he had a perfect right to give his rea-sons for support ing the motion. He did not understand why the member for Clive should at every moment attempt to govern the House. The only control the members of the Council had over the Government was by the power of the purse, and if items of excessive and unauthorised expenditure were not consideied in Committee the Council lost that control. We had seen the consequences of want of control in the creation of a new office by the Superintendent, with no one knew how much salary; There was thi« large over expenditure, incurred no doubt on the ipse dixit of the member for Clive; there was the illegal arrangement with the Bank all owing to the Executive of which the member for Clive was the leading member, and for which he was of course mainly responsible. As long as that gentleman attempted to substitute his tyrannical will for the acts of the Council, so long would he [Mr C] oppose the Government in every way he could. Mr Ormond said it wa<? not possible to pass a resolution of indemnification, as the accounts were not made up, threfore the course now proposed was the correct one. Agreed to. PURCHASE OF I,AND.

Mr Ormond obtained the suspension of the necessary standing order to bring on two resolutions without notice. The first was to authorise the Superintendent to complete the purchase of a block of land in treaty from the natives, part of the purchase money of which had been paid; and the second was to ask the Council for a grant to give effect to the resolution mo\ed that day by the member for Hampden, and passed by the Council. Mr Ormond said the late Superintendent took the preliminary steps to purchase from the native owners a valuable piece of land, including the mud flats surrounding the harbor, but vhich -was not among the blocks described in the loan act. The purchase money was £BOO and the expenses of deeds, -&c, would be about £2O more. He did not wish to complete this purchase without the authority of the Council. The natives had pail for the surveys.

The motion was agreed to. APPROPRIATION BILL. This bill was introduced by Mr A'Deane, and passed its first reading. The necessary standing order being suspended, it was read a second time and ordered to be committed presently. RATIFICATION BLLL. This bill was read a second time, and ordered to be committed pre sently. SUPPLY. The Council then went into committee of supply and passed the fol lowing items : £7 for repair of portion of road between Waipawa and Waipawaraate. A sum not exceeding £SOO from the loan fund for new moorings (conditionally on the old ones not being recovered.) The items were reported as passed to the Speaker. SHEEP ACT. On the motion of Mr Carlyon this act was read a second time and ordered to be printed. APPROPRIATION AND RATIFICATION ACTS. These acts were severally committed, reported to the Speaker, read a third time, and passed. PROROUATTON. His Honor said tha' the business of the session being now completed, it remained only for him to thank the members for their attendance. He then declared the Council prorogued.