Provincial Council.

Lyttelton Times, Volume V, Issue 257, 18 April 1855, Page 3

Provincial Council.

Thursday, April 12. Present, Messrs. Hall, J. and S. Bealey, Hamilton, Tailored, Sewell, Thomson, Ollivier, | Rhodes, and Bowen. [Mr. Bowen in the chair.] Mr. Hall rose to propose the election of a Speaker in the place of Captain Simeon, who had resigned. Hon. members would agree with him, that upon the qualification of the gentleman they should select for this office the dignity and character of the house might often be involved. It was desirable that their choice should rest upon one who possessed not only experience in the forms and usages of the house, but the necessary firmness and decision to enforce compliance with them. Under some circumstances they might have had considerable difficulty in making their selection, but fortunately there was one among their number whose fitness for the office would, he believed, be generally agreed in. He had bean long a resident among them, and had won the confidence and esteem of his fellow settlers; he had filled, too, a position analagous in its character to that of Speaker, the duties of which he had discharged with considerable ability,—he alluded to the hon. gentleman who had almost invariably acted as their Chairman of Committees, whose demeanour in that capacity had always been marked with courtesy and impartiality. It was with great pleasure he proposed Mr. Chas. Bowen for the office of Speaker. Mr. Tancrbd seconded the nomination, and, in a few words, bore testimony to the fitness of Mr. Bowen for the office. The motion having been put and carried, Mr. Bowen said he begged to thank the house for this further mark of its confidence ; he had, whilst acting as Chairman of Committees, endeavoured to discharge his duty to the best of his ability, and he trusted that, in the higher position of Speaker, he should receive the support of hon. gentlemen around him in his endeavour to maintain the dignity of the office. Mr. Hall said they had now to proceed to the election of a Chairman of Committees. Among the new members of the house there was a gentleman peculiarly fitted for the office ; he was resident on the spot,had considerable experience in the routine of public business, and was known to all for his business habits; he thought lie could not propose to the house a gentlemau better fitted for the office than Mr. Fooks. Mr. S. Bealei seconded the nomination. Mr. Hamilton said, before the motiou was put from the chair, lie would venture to ask the Provincial Secretary to defer the election until a later day. Such appointments ought only to be made with the concurrence of all the members of the Council, or at best with the sanction of a much fuller house. He believed there was but one opinion in reference to the qualifications of the gentleman they had elected Speaker, nevertheless he had intended, for the same reason, to propose delaying that appointment, but the opportunity hud escaped him. The gentleman who had been proposed to fill the office of Chairman of Committees, was an untried man ; it had been said that he possessed considerable experience in public business, but the house had no evidence of the fact, while in so important a matter the unanimous feeling of hon. .nembers ought to be ascertained. The Jhouse ought to have entire confidence in the person it selected. It was an inviduous task to appear to object to the appointment of any gentlemau to such an office, and he thought that the practice which usually prevailed elsewhere of first endeavouring to ascertain the opinion out of doors, was the course which should have been pursued. The developement of party spirit within the house was inconsistent with the appoiutment. He should move that the house proceed to the consideration of the orders of the day. Mr. Thomson seconded the amendment. Mr. Tancred thought the public duties of the hon. gentleman would hardly harmonise with those of the chairman of committees. They ought to know whether Mr. Fooks had consent- / ed to accept the office. wv Mr. Sjswkll said he agreed in what had fallen from Mr. Hamilton. Mr. Hall said he had heard no reason to justify delay. He heard that night for the first time that these matter' ought to be settled out of doors. The house was an average one; there was a larger proportionate attendance than they had been accustomed to, notwithstanding the inclemency of the weather. Mi. Bealey stated that Mr. Fooks had long been accustomed to the sort of business likely to come before him ; he was informed that he had

considerable experience- in public life in England. (A member: "In what capacity?") Mr. Bealey believed in Corporation business. But Mr. Fooks was not unknown to them ; he possessed some claim to the confidence of the house by reason of the office he now held, and moreover, he would be found as good a man as any in it. Mr. Olmvier thought the house ought not to proceed to this election until they were assured that the office would be acceptable. The fact of the him. gentleman holding a public office might virtually vitiate the appointment. The duties of his office might prevent his attendance in that house, and they would often find themselves in the position of having to elect a Chairman from their own body. They might thus have an officer enjoying the honor, and others discharging the duty. Mr. J. Bealey said the fact of Mr. Fooks being the representative of an important constituency was ii sufficient answer to the objection. Mr. Hamilton rose to say a few words in reply, when the amendment was put and carried. Mr. Hali* moved the appointment of a Committee to investigate and report upon the supplementary accounts of the Canterbury Association. The Committee to consist of Messrs. Packer, Tancred, S. Bealey, Brittan, and Blakiston, Mr. SeweliL suggested that the Committee should have power to consider the report of the last session, with the view to adopting all or any part thereof; and also to examine into and report upon the Association's title. The Council needed all the facts, and tbe present Committee would have the power of arriving at that result, and so to be enabled to lay the whole before the Council, in an intelligible form. Mr. HaliL could not adopt the suggestion. Two sessions ago, a committee was appointed to investigate these accounts, and the report of that Committee had been laid on the table. For want of time it had not investigated the supplementary accounts now under consideration, and which was an account entirely distinct from those which had formed the subject of the import. The hon gentleman now proposes to reopen the whole question, that in fact the labours of eight months shall be swept away, and that work began again. Could anyone doubt that it would produce any other result than delaying the settlement of these affairs, for an indefinite time. The adoption of the suggestion would imply a censure upon the late committee, as though they had neglected or imperfectly discharged the duty intrusted to them. The Speaker said the motion had uot been seconded. Mr. Sewell would do so pro forma. The hon. gentleman implied that the previous business of committees stood over from session to session, but it was not so, and the course pursued was irregular. The practice elsewhere was, for the report of a committee to be brought up and adopted; but as that course had not been pursued, the labours of that committee were virtually dead and gone. The adoption of a report upon the supplementary accounts alone by a new committee would be a mere form without substance. His object was not to delay but to facilitate the settlement uf these affairs. He could make no bargain upon that statement of the accounts. There was an error somewhere, where he could not say of some £4,000, a few minutes conference with tbe accountant would probably set the matter right, and he desired to say that of Mr. Marsh man he thought very highly. He believed him to be a most able accountant. He had sought au interview, but had not met with him. Mr. Tancred saw no reasonable objection to the suggestion. The proposed committee would hare to consult the report, and he would ask why they should be debarred from reporting thereon, if occasion demanded it. Mr. Hall said one of the suggestions of the hon. gentlemen required an investigation into the Association's title. (Mr. Tancred saw no objection to it.) Mr. Hall. No objection ! he thought there was very grave objection, so much so that he should decline to serve on any committee that should be called upon to do so. All it ougbt to do, was to take up the accounts where the lust committee had left them, and complete the investigation. He hoped the house would not be misled by the statements of the hon. gentleman (Mr. Sewell). It was altogether visionary to suppose that the proceeding? of the committee were dead and gone. If such a state of things

really prevailed, tbey might as well say that their records were valueless. He had no objection to refer the report to the committee for their information, hut he could not consent to its being reported upon. The hon. gentleman has said that no satisfactory result could be arrived at unless the suggestion was adopted, and certainly it was within his power to bring about such an issue. It was a statement that he had heard with deep regret. Mr. Sewell begged to say a few words in explanation, he had been charged with a desire to obstruct the settlement of these affairs. He was sure the Council did not participate in that feeling. If an amicable adjustment was to be brought about, it would be far better that they should not impute motives to each other. Mr. J. Bealey believed the house was in possession of the report of the past committee ; all it now stood in need of was a report upon the supplementary accounts; the information which the Council required would then be complete. If, because the report had not been brought up and adopted, there was any real objection to the proceedings of the committee of last session, he would suggest that the report be now adopted, and then proceed with the supplementary accounts. The Speaker then read the original motion, when Mr. Ollivier rose, and said, there was a new element in the committee. Two hon. members at least were for the first time called upon to investigate these accounts, and although only supplementary, it was not impossible that matters would arise which would lead them to seek information from the past, and thus the business of the late committee would of necessity come before them. If circumstances occurred to throw light upon the supposed deficiciency, he thought the new committee ought not to be prevented reporting upon the report. He would therefore move an amendment " that the report of the committee appointed last session be referred to the proposed committee with liberty to consider and report thereon." Mr. Hamilton seconded the amendment. Mr. Thomson said, the statement of thehon. gentleman (Mr. Sewell), that he could not agree to the report which has been submitted to the house, until the data upon which it had been founded had been fairly placed before him, was reasonable aud consistent. He concurred in the opinion that new- members of the committee might take new and very different views, and thus possibly unravel the matter. Mr. Tancbed suggested that the Committee should be instructed to investigate the difference said to exist in the two statements of accounts. After a few words from Mr. Hamilton, Mr. Hall said the proposition made by Mr. Tancred differed very widely from those made before, and he had 110 objection to adopt the suggestion. The amendment was then withdrawn. The original motion as altered was then put by the Speaker and carried. CENSUS BILL. On the motion of" Mr. Haxl leave was given to bring in a Census Bill, which at a later period of the evening was read a first time. Mr. Ollivier moved for a return coutaining, Ist, A list of all runs within the Province, togewith the names of the licensees. 2nd, The acreage of each run. 3rd, The date of the issue of each license. 4th, The amount payable on each license for the year couiinsr Ist of April, ISoo, tn the 31st of March, 1856, both inclusive : and the day on which such amount becomes due iv each case. sth, The amount of stock upon each run. 6th, The extent of pre-emptive rights which may have been laid down upon each run. He said, the house would shortly be called upon to consider the proposed measure for the appropriation of the waste lands, and as in that measure there was probably nothing more important than the pasturage "regulations, it wus, he thought, essential that they should be furnished with"every information upon the subject. He trusted the hon. sientlenian, the Provincial Secretary, woulfl use his influence to obtain the return he had moved for from the office of the Commissioner of Crown Lands. Mr.vHALi. said he was anxious to afford the fullest information in his power, and would forward the notice paper to the Commissioner who he entertained no doubt would furnish therequired returns. Mr. Tanceed moved for copies of covrespon-

dencc having reference to :t grant of land upon the town Reserves to the Scotch Church, he said that it would be recollected the subject had been spoken of last session. The Council was then told that there had been no correspondence with the Government respecting Town Reserves but there had been about Towu Land, and the Superintendent had advised the grant of 4 acres of Town Land, but it was now rumoured that the Governor had made a grant of 4 acres of Town Reserves. This was a very important matter for the house to consider. If the Grown hud the power to alienate 4 acres, they could equally alienate 400, and'hence their negotiation with the agent of the Canterbury Association would uecessarily be impeded. Mr. Sewell would second the motion, because he needed information as much as any other member of the house ; he was quite at a loss to understand the matter. The' Canterbury Association had bought and paid for these lands. The Crown had been satisfied and so had the New Zealand Company ; the Association held the deeds in trust for the Province subject to the liquidation of their claim. He had heard of the grant having been made, but endeavoured to pievent expense to the Trustees, which would have been the result of their taking possession. Mr. Hall said as in the former case the Provincial Government would transmit the application to the Commissioner of Crown Lands, and no doubt the information would be supplied. Mr. T.vscred, Mr. Hamilton, and Mr. Thomson severally asked for information respecting the grants of money which had been made last session towards the construction and repairs of public roads. Mr. Hall explained that the delay was occasioned in some measure by the desire of the government, cot to employ on public works such an amount of labour as would interfere with agricultural operations, but principally by the great demand upon the time of the Provincial Engineer. Those works had not been lost sight of, but would receive his earliest attention. Mr. Hamilton rose to ask what steps had been taken in reference to the construction of the new Oouncil Chamber. Mr. Hall said the Government had obtained an excellent design for a building to contain Council Chamber and Government offices, and of which building, a portion suited to the present wants, could be constructed at a cost of £2,000. No liabilities beyond some very trifling matters had as yet been incurred. Mr. Hamilton would therefore move that a select Coininiitee be appointed to report upon the best means of forthwith providing for the accommodation of the members of this Council. At present their deliberations were'carried on under the greatest possible discomfort. They were literally living under a sieve and compelled to wrap themselves up from the inclemency of the weather. Since no liabilities had been incurved, he hoped the Government would abstain from contracting any, for a time at least. He believed that admirably adapted premises were now to be obtained, convenient in locality, and in their arrangement, and that they could be rendered fully sufficiently commodious for their purpose by an outlay of less than £500. He alluded to the premises belonging lo Mr. Guise ISrittan, facing the land office. The'rental he was informed was £120 per annum, anJ he believed they could have purchasing clauses. He should more fur the appointment of a Committee t<> consist of Messrs. Hall, Sewell, Tancred, Thi»mson, Dr. Barker, and the mover. Mr. Hall consented to the appointment of the Committee, but guarded himself against being understood to concur in all that had fallen fro.v the hon. gentleman. Several notices of motion were then given and the house adjourned. Friday, April 15. Presrnt —Mr. Bo.yen in the chair, Messrs. Hail, Tancred, Sewell, Westenra, Hamilton, Datnpier, Brittan, Thomson, Ollivier, Blakistoii, Pucker, J. and S. Bealev, Rhodes, and Bray. Mr. Se-vbll gave notice that he would move »a an amendment to the Land Hate bill, "that it \i desirable that the whole subject of the Waste L:mds should be considered together, and not in detacbed measures." Mr. Hamilton* ask?d if there was any intention to adjourn the House during the sitting of the Supreme. .Court. Mr. Hall said as the arrival of the Judge was uncertain, there was no intention to adjourn, at present.

Mr. Hamilton gave notice of his intention to ask the Provincial Secretary if he proposed to introduce a bill for the payment of the expenses of members residing at a distance from Christchurch, and contingent upon his reply he should move for the appointment of a committee to consist of Messrs. Hamilton, Thomson, Brittan, and Ollivier. Mr. Bhutan renewed his motion for the production of papers having reference to the appointment of the Provincial Treasurer, and also stated his intentiou to ask certain questions of the Provincial Secretary relating to that appointment. Mr. Fooks said that he would on Thursday ask the Government if there was an intention to take any steps in reference to the police of the Province, with a view to "place it upon a more efficient footing. Mr. Hall obtained leave to bring in an amended Empowering Ordinance, which at a subsequent period was read a first time. Mr. Hall desired to postpone the reply to the address until Tuesday, in order to afford time to the House to obtain Sprinted copies of His Honor's speech. Mr. Tancred thought the delay unnecessary and suggested that the House should at once proceed with the discussion. The Clerk having read the reply to the address, the house then went into Committee, Mr. Rhodes in the chair. A discussion ensued upon the several clauses of the address, which having been ultimately agreed to, the Chairman reported progress,and the house resumed. A deputation was afterwards appointed to wait upon His Honor with the following reply :— " To His Honor James Edward Fitz Gerald, Superintendent of the Province of Canterbury. "Sir, —The Provincial Council thank your Honor for the Address with which you have opened their Session. " They concur in the feelings of satisfaction expressed by your Honor at the generally prosperous condition of the Province. "The increase in their numbers will enable them to approach with confidence many important questions, in dealing with which a less numerous body might have failed to ensure the confidence of the people. ''The Council desire to express their sense of the obligation under which the Province is placed to John Robert vxodley, Esq. and Selfe Selfe, Esq., for the personal sacrifices by which they have averted the entire postponement of the emigration from England to this Province. "They are glad to learn that arrangements have been made for the immediate repayments of the advances. " The Council will enter upon the consideration of the laws to be proposed to them for the disposal of the Waste Lands impressed with a deep sense of the important influence which those laws must exercise upon the futurewelfare and progress of the Province. Thpy entirely agree with your Hunor as to the general objects to be aimed at in any legislation upon this subject. " They are glad to find that measures will be submitted to them for placing die construction and repair of roads upon an efficient footing. " Deeply sensible of the importance for the future character of the people of Canterbury, that a well-devised system of education should be established without delay, the Council will concur in any practicable measures which may be submitted to them upon the subject. " They will give to the above and to all other measures which may come before them, the most careful and attentive consideration, and they earnestly hone that, under the Divine Blessing, the result of their deliberations will tend to the well-being and the happiness of the inhabitants of the Province. 5 ' * Mr. Hall then rose to move the thanks of the House toCapt. Simeon, the late speaker, for his impartial conduct in the chair. He briefly eulogised the services of that lion, 'gentleman, and concluded by proposing that— "The best thanks of this Council are due to C. Simeon, Esq., for the manner in which he has filled the odice of Speaker during the three first sessions of this Council." Mr. Dampikr seconded the motion, which was carried unaniin'msly. Mr. Hamilton proposed, and Mr. Tancred seconded, that Mr. Thomson be added to tiie Committee for investigating the supplementary accounts of the Canterbury Association, which

having.been agreed to, the House adjourned till Tuesday. [In consequence of the arrival of the Judge, and the consequent sitting of -the Supreme Court, we understood that the meeting of the Council was agreed to be deferred till Thursday next.] ' ; i