Provincial Council.

Lyttelton Times, Volume VII, Issue 462, 8 April 1857, Page 5

Provincial Council.

■ ■ Friday, Apeil 3. The Council met at 11 a.m. A petition was presented by Mr. Hall from T. White, praying for a 'suspension of standing orders to enable a bill to be introduced empowering "him ,to erect a bridge across the river Waimakariri. After considerable discussionj during which Mr. Moorhouse, the gentleman referred to in the petition, explained the course he intended to pursue, the ,petition was received. Several other petitions for private bills were also received. APPOINTMENT OF EESIDENT MAGISTBATE9. Mr. Packer moved the resolution on the subject of the Resident Magistracy in the province of which he had given notice. The reso-, lufciori was in substance a recommendation to the Superintendent to issue fresh commission to Resident Magistrates, and offered the guarantee of the Council to pay any^sum of money that might be expended in maintaining the authority of magistrates so appointed. ' An amendment was added to this resolution, -—"Until commissions' be obtained from his Excellency the Governor removing doubts as to the validity of existing appointments." The amendment was proposed by Mr. Tanceed, and seconded by Mr. Hall, and after some discussion was carried, and transmitted to his Honor the Superintendent. Before the Council adjourned,in the course of the afternoon,1 a Message was received from his Honor in reply to the above resolution, stating^ that on such a resolution, he would not feel justified in issuing commissions. It was then agreed that the question should be taken into consideration at the next meeting. LAND OFFICE. On the motion of Mr. Hall, copies of any report issued by Mes3rs. Ligar and Marshman, as to the claims of this province with respect to the maps and stock of the Land Office taken possession of by the General Government, were ordered to be furnished to the Council. THE EMPCCWEEIN& ORDINANCE.

Mi'.Tancebi), in movingfor leave to introduce a; Bill Jo repeal" tlie Empowering Ordinance, supported .his motion in, a speech of considerable length and humour. The Empowering Ordinance had been parsed when the General Government was torpid; in fact, there was no General Government; but now a different state of things existed. Provincial Governments had been tried and found wanting; our provincial legislation had made us ridiculous in the eyes of other i colonies. ,The expense of government : also would be much less if many of these .powers were done away with. The honourable gentle* man stated before he sat down that he would be satisfied if the House would: allow an amendment of the Empowering Ordinance, without pressing for its repeal. Mr. Ollitieb silently seconded the motion. Mr. Packer attacked Mr. Tancred in forcible terms'. He did not not know what to make of the unnatural alliance between the two honoura-. ble gentlemen, who had proposed and seconded the motion. They had become all of a sudden a sort" of Siamese twins. Mr. Tancred .had been to Auckland and come back quite changed ; He had also been created ." honourable;" he did not know whether he was a wiser, but he certainly was'not a better man for the change. Mr. Packer animadverted in very strong language on the Auckland prepossessions of.the honourable gentleman: he would' have everything settled in Auckland. For bis own part, he denied that the present General Government was one to which the interests of the province should be entrusted. ■. . ... -■■-■• • Mr. Ollivieb wenfe' carefully through the

schedule to the ordinance, and pointed out the powers which were thereby given to the Superintendent, distinguishing those which in his opinion ought to be given some to the General and some to the Provincial Government. Some of the powers granted in the ordinance had been overruled by further ordinances of ",the Council; that was done, he believed,-in order to confer more power on the Superintendent. Mr. Hall pointed . out some inaccuracies which he believed Mr. Ollivier had fallen into. In reply to Mr. Tancred, he would say that it was not true that our provincial legislation was ridiculous in the .eyes; of the neighbouring colonies, though he believed attempts had been made to render us ridiculous by certain parties inimical to our present constitution. Mistakes might have been made, but, considering the difficulties which had to be overcome, such mistakes were not to be wondered at; it was rather remarkable how few had been made. What was wanted, he thought, .with respect to the question under debate, was the adoption of a plan which formed part of the policy of the Fox ministry during the late session ,of the Assembly, viz., that a distinct line should be drawn between the powers of the General and the Provincial Governments, not by each province for itself, but by the General Government for all. As for the question of expense, he denied that a removal of powers from^ the,province would be economy; ■'he thought the transfer of departments to the General Government would have the effect of increasing instead of diminishing expenditure. Mr. S. Bealey felt that the result of all discussions on these questions was to convince him that if the Constitution were to be drawn up over again, only one General Government would be established, and it would be left to that body to delegate to the provinces such powers of local legislation as circumstances might require.

' Eh\.; Donald.had-.madea suggestion in the : earlier part • of : the'; discussion- which lie would ; rib^ formally.'"mq^e,;,as it seemed to have been ■ favourably .entertained by: several speakers. He ; shouldpropose..as an amendment that the subi ject be referred to a committee of the whole '■ house.-: He should do this without any antag-; : pnistic feeling to j tlie original proposition/but . rather to ensure its chances of success. He conj sidered the. present the most favourable bppor- \ trinity ever likely; to occur, to discuss the Super-, ; iiitetiderit's pbsitibn, now' that it was generally known that-the Council would not meet again .under ,the.ipresent Superintendent; and, also, ; that, the ; provincial Council had by the experience of some years become familiarized with !the routine of Government and the necessities ; of the Province. • The Empowering Ordinance had been framed in°a small House.by new men, :and, as the Council.had been told last Session ;by its introducer, entirely'without discussion. . The Amendment was finally adopted, and : before the close of the sitting notice ,was given of a motion, that the Committee should sit on ; Wednesday next, April 15. ; •. ■ ; INFORMAL ELECTIONS. . Mr. Olliveb moved for copies of the returned writ and other documents, bearing upon the election of Mr. sray for Christchui-ch Country 'Sistricty: It appeared that the Returning officer had held .the election at 11 a.m. instead of at noon, as directed by Sir (>eorge Grey's pro-, clamation. Mr. Bkay pointed out that previous electrons, that of Mr. Hall for instance, had been held at the same hour. The returns moved for were allowed, and Mr. Olliviergave notice that he would move for similar returns in the case of Mr. Hall's election. .. _ In reply to a question from Mr. Dampier, Mr Packer stated that the Acts of the General Assembly were on the table of the house, and hon. gentlemen could have access to them through the proper Channels. He would _ certainly not recommend that they should be' printed. ' .. NOTICES OF MOTION. JFor Tuesday, April 14th. ; Mr. PopKS : —For leave to bring in a to amend the Canterbury Association's. Beserves Ordinance. - Mr. Ollivier :—Fov leave to bring in In-: woqdVMiH:Bill. ' • '' MivS. Bealey:—To ask a question about the navigatibri of the river Avon. Mr. Beittan :—Epr 1 eaye to bring in 1 uller s Remission of Purchase BUI. ■ Mr. Hall :—For returns of Public Expendi-. ture on Education.

Mr. Bray :—Amendment of Standing Order No. 123. . - Mr. Dampier :—To ask a question about the Ferry Road drains. ■ Mr. Moorhouse :—For leave to bring in a Kaiapoi Bridge Bill. Mr. Hail : —For leave to bring in the Peacock Wharf Bill. Mr. Oimvieb :—The consideration of a petition from Mr. Shand. Also, for a copy of the notice for Mr. Hall's election. Mr. Damfieb :— For leave to bring in a Beach and River Road Reserves Bill. Mr. Tancbed:—For a committee of the whole house to consider the Empowering Ordinance. Mr. Brat :—The consideration of Message No. 3, (in reply to the Resolution of the Council on the Resident Magistrates). Mr. Packer :.—For a select Committee on Public Works. Also, for a select Committee on Watercresses, with power to call for papers, persons, and reports. The Council then adjourned till Tuesday, April 14th.