Provincial Council.

Lyttelton Times, Volume IV, Issue 211, 8 November 1854, Page 5

Provincial Council.

Thursday, Nov. 2. Present—The Speaker, Messrs. Hall, Bealey, Packer, Bowen, Hamilton, Darapier, Cass. The following Message from His Honor the Superintendent was read by the Clerk :— " The Superintendent transmits to the Provincial Council the enclosed supplementary estimate of the unappropriated revenue of the Province for the current year, and of certain services-for whichhe recommends the Council to provide. J. E. Fitz Gerald. Supplementary Estimate of the Revenue of the Province of Canterbury for the year ending 3ls< March, 1855. £ s. d. Account of revenue as previously estimated..... 26,540 0 0 Keceipt from Crown Land department in repayment of advances formerly made out of the Provincial Chest 3,026 5 9 Beceipts from Land Fund in excess of estimate 1,643 15 4 Additional receipts from Land Fund estimated to the end of financial year 3,000 Q 0 £34,210 1 1 Amount voted for service of year ending 3lst March, 55. 18,999 1 3 Balance unappropriated £15,210 19 10 Supplementary estimate of Expenditure, for the year ending 31 March, 1855. Salaries, Cleric to Committee of Provincial Council.., 50 For building lock-up at Kaiapoi 70 For building a Council Chamber and Offices... 2,000 TheLytteltonandChristchurch road. 10,000 Promoting steam communication... 1,000 Other Public Works... 1,500 £14,620 The House resolved itself into Committee, Mr. Bowen in the chair. Mr. Hall moved the answer to the address which will be found in its amended shape below. This answer had been framed with a view to prevent exciting topics. There existed no difference of opinion that His Honor was influenced by a desire to promote the interest of the Province. Every body will admit that we were chiefly indebted to "His Honor for the bill upon the Waste Lands. It gives only a partial concession to the Provinces, it is true, but whatever amount we have we owe it principally to His Honor, Mr. Bealey seconded the adoption of the address. Mr. Hamilton could not concur. It com-

mitted the house to a course of action which he was unprepared to admit. There is a suggestion in reference to the office of Provincial Secretary which he entirely objected to. Mr. Hall said he had no objection-to withdraw that paragraph. Mr. Hamilton also objected to the next paragraph. It was unbecoming the dignity of the council. The reference to the Waste Lands' Bill pledges the house to immediate action on the subject, but having passed a bill for the enlargement of the Council, adding to this council 12 members, and as His Excellency's answer to that bill would shortly be received, it was premature. He should feel disposed to say in answer to this address that it is the opinion of this house, that we ought not for these reasons to take into consideration the subject of the Waste Lands. The answer is one of a very meagre character, and touches but slightly on the subjects contained in the address—many points are indeed altogether passed over. The first half of His Honor's address is not very consistent with the other half. There is a considerable amount of irony in the address which induced him to think it was not framed at all by the hon. gentleman opposite.

Mr. Halii ; The Executive Council are not responsible for the first part of it, as the hon. member will see if he reads attentively. Mr. Hamilton : The address then is a curious document, for the first part of which His Honor is alone responsible ; he therefore'could not deal with it, but he hoped that it was not to be established as a precedent for future guidance. He was pleased to find that the system of legislation pursued by the late Government was satisfactory to the hon. gentleman : nevertheless, he hoped that nothing in the way of legislation will be allowed to proceed until the Council is enlarged. He thought the propounding of these measures hasty and premature, and altogether ill-judged, pending the change in the house, and he trusted the house would demand a material guarantee from the Government that there should not be this precipitancy in their proceedings. He observed also that they were about to have introduced a measure for the extension of the Council proposed by the late Government. The House should have been in possession of the speech before the Government proposed their reply to it, and not leave members to have recourse to newspapers for it. He moved that the last sentence from the word " but in the third paragraph be expunged. He did not think it dignified that this house should compromise its independence by attempting to justify itself in its proceedings. Apart from this, his private opinion was that the late proceedings could not be justified. He concurred with what had been said in reference to the great services of His Honor as a member of the General Assembly, and became more and more convinced of the evils that would attach to his absence from the House of Representatives.

Mr. Hall said they had heard a speech of a curious and novel character, and that was the address of the lion, member for Lyttelton. The lion, gentleman realizes the truth of his own saying, that there is a pleasure in picking holes. He complains that the answer to the address is meagre, and that may not be a serious objection if it prevents his picking more holes. He (Mr.H.) desired to vindicate the Government from the charge of hasty and premature legislation as well as of inconsistency in bringing forward their bill for the extension of the council. A full explanation was gone into upon this question when the lion, gentleman was absent, and he thought the hon. gentleman had no right to require a resuscitation of argument upon the subject. They were charged with undue haste in not having the printed address before the house. The hon. gentleman, when in office, proposed an answer to the address the day after its delivery, and they had waited until the second day. He had regretted he could not bring home to the hon. 'genibraan the fact of. this address alluding to matters over which they had no control. The usual course is for gentlemen who resign, to retain office until their successors arc appointed, but the hon. gentlemen left office with such haste and precipitancy that His Honor was actually without responsible advisers. As regards the other measures in the speech, the erection ofa council chamber and the prevention of disease in sheep, are matters which the house is fully prepared to go into, and need no further allusion to on his part for the present. Capt. Simeon was surprised at the result of

the speech of the hon. member the Collector of Customs. He wondered that he did not propose an amendment to expunge the answer to the address from the word " Sir," to the end. There had been a fair desire expressed by the hon. gentleman at the head of the Executive to meet the hon. member with a view to produce unanimity, and that should be met in the same spirit. Mr. Dampier did not desire to see the clause omitted. He objected to the word "justify," since there was nothing which this house was required to justify. He would propose in substitu.ion, the words " to call for."

Mr. Hamilton withdrew his objection. Mr. Packer said, It was desirable that unanimimity should be arrived at, and he should be sorry if this was not the case; he wished to draw attention to some points, and possibly he might sit down contented. He desired to enquire if the new bill for the extension of the Council and reconstruction of electoral districts was to be sent to the Governor to accompany the bill they had passed.

Mr, Haxl : The second bill was only to come into force in the event of a dissolution, so that a general election should take place upon the new electoral divisions. If his Excellency did not dissolve the council, and approved of the Ist bill, the elections would take place for such new members upon the existing electoral districts. But supposing the Governor to assent to both bills, and afterwards dissolve, a dissolution of the House would effectually destroy the Provincial Council Extension Bill, when the second bill only comes into force.

Mr. Packer. These bills may be clear and satisfactory, but they seemed to him to be suggestive to the Governor of a dissolution, and he would rather see the two bills embodied in one, than that they should be sent together, and possibly peril the whole object the house had in view. Mr. Hall. The Government will take the suggestion into consideration, and, if it can, avail itself of it. Mr. Hamilton suggested that the draft of the bill might be sent to the Governor, and that the Superintendent should request his opinion thereon, and if his Excellency approved of the measure, the bill might be brought in with, the understanding that he would allow it if passed. Mr. Dampiek thought the bill intended was hasty, and they could not work it out. He was of opinion that such a bill should emanate from an enlarged house rather than from the house as at present constituted. He was desirous of seeing an alteration in the last paragraph of the answer to the address, and would be glad of the omission of the words "with as little delay as possible." In all other respects he must say that the answer to the address was a peculiarly happy one. He came prepared to object, but he was glad to add that" his teeth had been drawn-1' Mr. Hali. was glad to hear the remarks which fell from the learned member for Lyttelton. He would propose that the words objected to should be altered to " with as little delay as is consistent with the due consideration of the matter."

The following address was then put from the chair and adopted.

" To His Honor J. E. Fitz Gerald, Superintendent of the Province of Canterbury, New Zealand.

Sir, —The Provincial Counci2 desire to thank your Honor for the message received by this Council on the 10th ultimo, and for the speech which you addressed to them on Tuesday last.

The Council regret to learn that the Government should have experienced any embarrassment from the fact of their having proceeded to important business at an earlier period of the Session than was anticipated by your Honor, but the urgency of the measure which was brought under their consideration appeared to them to call for such a proceeding.

The Council fully appreciate the motives which induced your Honor to return for their consideration the Provincial Council Extension Ordinance, but regret that after full consideration, they have been unable to agree to all the amendments which you submitted to them.

The Council take this opportunity of recording the satisfaction with which they have learned that the principle of the management of the waste lands by the provincial authorities has been even partially conceded by the General Assembly, and they cordially join in the hope expressed by yoiiv IJojior that it may he found

practicable to effect a settlement of that all-im-portant question in a manner satisfactory to all classes and interests in the Province, with as little delay as is consistent with the due consideration of the matter. The Council will give the most careful attention to any measures which may be submitted to them by the Government." The Speaker having resumed, Mr. Hamilton rose to ask what steps the Government was disposed to take in reference to the case of lunatics. He had understood that there was an asylum at Wellington, in which patients were properly looked after, and under the superintendence of duly qualified officers. He believed all the cases in this Province were i those of paupers without friends, and the charge devolving upon the colonial surgeon was a severe one, seeing that he had no means at his disposal to provide with propriety.for the care or cure of these poor creatures. He thought some arrangement might be made with the establishment at Wellington to receive the cases which it was desirable to remove. Mr. Hall said he was happy to say that arrangements had been entered into with the Wellington institution to receive the patients, and they would proceed there by the next steamer. Mr. Hall gave notice of a bill for altering the electoral districts, a bill for amending the Scab Ordinance, and of a bill tor the erection of a new chamber. Mr. Hasiilton moved for returns of the state of the Schools in the Province, the number of children in each, and the amount of fees received therein. He was proud to add this was the only Province in which 'considerable efforts by the Legislature had been made in the way of education. Mr. Hamilton asked what had been done in reference to the Rakaia Ferry. Mr. Hall. As soon as any thing has been done in reference to the ferry, he would give ihe house full information, and as regards schools, he would do his best to get the information he needed. Mr. Dampieb asked when the House was likely to adjourji. He asked the question because of the meeting of the Supreme Court. Also, when the hon. member would propose the 2nd reading of the Bill for altering the Council. Mr. Hall said he would name Tuesday. Fkiday, Nov. 3. Present, —The Speaker, Messrs. Hall, Bealey, Tancred, Cass. The Bill entitled the. Provincial Council Extension Ordinance, having been read by the Clerk, on the motiou of Mr. Hall, the Bill was read a first time, the second reading to take place on Tuesday next. Mr. Hall then moved that it is desirable tliata building to contain a Provincial Council Chamber and Government Offices should be erected without delay; that the cost should not exceed £2,000 ; that it is desirable the building should be.erected by contract; and that the contract as well as the design should be submitted to public coin petition. Mr. Taxceed asked if there were finances to meet the outlay. Mr. Hall replied there was at present a surplus in the Provincial Chest of £15,000. Mr. Bealey seconded the motion. Mr. Hall said that all would agree in the necessity of the building in question ; their tenancy of the present house would soon cease, and the Government offices were scattered about in a very inconvenient manner. It was only at present intended to invite tenders and plans; they did not mean to go into the questiou of site. Leave was given to Mr. Hall to bring in an amended Scab and Catarrh Ordinance: the present Ordinance was insufficient for the purpose, and it was necessary that some alteration sboul.l be made. The Council then adjourned till Tuesday. Papkbs laid before the Proviscial Council on Friday. English Agent—(in continuation of last Session) Correspondence between the Provincial Secretary and English Agent. Canterbury Association—Correspondence between His Honor tlie Superintendent and His Excellency the Officer administering the Government. Pi>n Office—Letter from the Post-master to the Provincial Secretary. Letter from the Superintendent to the Officer administering the Government.