Parliament of New Zealand.

Marlborough Express, Volume IV, Issue 190, 21 August 1869, Page 5

Parliament of New Zealand.

[ From the Hansard. ]

Marlborough Sale of Reserves Bill. In the Legislative Council on August 3rd, the Hon. Mr. McLean, in moving the motion standing in his name, said that as this matter had already been before the Council, and most probably would again come before it, it would be well to place the correspondence on record, so that it might be referred to. He wished this more particularly, as his vote on the Reserves Bill on a recent occasion was given somewhat against his feelings, for he felt sympathy with those innocent persons who would suffer by the wrongful act of the Superintendent. The Government were also admittedly to blame, for it was in their power to prevent the sale of the land by the Superintendent, who had no power to sell them what was delegated, by recalling that delegation. It was their duty to have done so, and to have issued a notice in the Gazette saying that he had no power to deal with these lands, and thus the present confusion would have been prevented. That was the course he thought the Government should have taken in this matter, for he did not think that under the Hew Provinces Act, the Government had power to remove the Superintendent. He thought that the dereliction of duty and irresolution of action shown by the Government on that occasion must convince every one of the necessity of withdrawing all legislative functions from the Provincial Councils and Superintendents, and reducing them to what they ought to be, mere local executives or municipal bodies, when, so far, they would be useful, while now they were capable of and might be productive of much mischief and great weakness to the Colony. This was his view, but, according to the Superintendent’s view of his own position, they were to have nine centres of authority in the Colony, irresponsible to and uncontrolled by any superior authority Such a state of things could not exist, and there must be some authority to over-ride these various authorities. According to the Superintendent’s idea of his own position, this would follow: every one of these nine Superintendents might do just what he liked with the public property of the Province over which he presided for the time being, even to the extent of undoing what his predecessor had done, and then come to the Government to have his acts legalised by legislation in the General Assembly of the Colony. He would ask if any member was willing to assent to such a doctrine, and if the House was prepared to reduce the Government of the Colony to a state of dssorganisation, or whether, by resisting such action, and bringing to bear on the Government a steady and constant moral pressure, they would force the Government to assume to itself those powers which should vest in it and it only, and without which the Colony could not prosper, for the people could scarcely be induced to bring capital and settle in the Colony while our system of Government, as at present constituted, held out no better prospect than that of uncertainty, weakness, and confusion. Motion made, and quesion put, “ That the correspondence betwe n Mr. W. H. Eyes, Superintendent of the Province of Marlborough, and the General Government, including a telegram attached thereto, laid on the table of this Council, relative to the proclamation for the sale of certain land reserved in the Province of Marlborough, be printed and entered in the Journals of this Council.” Motion agreed to. HavelocJc and Belarus Mail Service. Captain Kenny asked the hon. the Post-master-General, If it is the intention of the Government to establish a fortnightly mail communication between Havelock and Homewood, Pelorus Sound; and if so, when the service will be commenced ? He might state that early in June he had the honor to present a memorial from the settlers of that district praying the Government to

establish postal communication in Pelorus Sound. His object in putting the question was to ask the Hon. the Postmaster-General whether the service could immediately commenced. The settlers in the district had been and were placed at great expense and trouble in the transmission of their letters, and six months’ delay would be a matter of very serious inconvenience. He would be glad, therefore, to hear the honorable gentleman say that he would make an exception in the present instance, and not wait for the usual period of the year when postal arrangements are made. Mr. Togel found that the late PostmasterGeneral gave instructions that, when the tenders were called for services for the ensuing year, the service referred to by the honorable member should be included amongst them. The advertisements would appear this month, and tenders would be asked for this service, to commence at once, instead of from the end of the year, so that the delay would only be for a few weeks. Provincial Ordinances Validation Bill. The Hon. Captain Baillie said that the object of the Bill was originally to validate an Act of the Province of which he was a member. The Picton Improvement Act was passed and rates were levied, but afterwards it was declared ultra vires. To remedy the action under it for some three years that rates were levied, it was necessary that it should be validated ; but attached to the Validated Act of 1867 there were seventy-two Acts of other Provinces, relating in most cases to road boards and municipal corporations, by which Courts of Appeal were established a power which was beyond the Provincial Councils ; and this Council was appealed to validate its action. There was included in the first schedule an Act called the D rainage Act of Marlborough, to drain lands in the neighbourhood of Blenheim. That might be a very useful Act; but last year, in his place here, Mr, Seymour had the Drainage Act excluded from the Act of 1868, for this reason, it gave the Superintendent powers which he should not have; he, first of all, declaring the district to lie rated, on the application of certain persons interested The Act provided that the lands to be benefited should be rated, and only in proportion to the benefit received; but in one clause it is said that in respect of any rate the persons rated should be liable to pay not more than one-fourth a year of rate so levied where the rate exceeded £1 an acre. A man might find a rate of £5 put on his property, worth £lO an acre, to drain other land, if this Bid was m.ade law; but in Committee he would endeavour to alter it. The Superintendent, under this Act, would have power to dam up rivers, and take land by paying the sum at which the Superintendent, valued it. Rates might be levied, and the Superintendent had power to borrow, on the security of the rate, to make an assessment,‘and hear objections to it and decide on them, and amend the assessment. The Superintendent had also power to appoint a collector. He was, in fact, all powerful, and spent the money, while the people had no voice to control the expenditure. In the Drainage Act of Hawke’s Bay and Marlborough last year the ratepayers had the opportunity of electing certain people to supervise the expenditure of the money, so that the Superintendent could not spend the money indiscriminately. He would read a resolution which was passed at a public meeting in Marlborough to introduce this Act to divert a river which was doing destruction. They passed a resolution, — “ That the lands situated within the following boundaries be brought under the operation of * The Drainage Act, 1867, namely, north by the Wairau River, east by the sea, south by the Awatere River, and on the west by a line running from the junction of the Waihopai River with the Wairau River to the Blarich.”

The Secretary of Crown Lands might be acquainted with that part of the country ; at any rate, it comprised some fifteen miles square, some being mountain country, 2000, or 3000 feet in height, and having a drainage into the Awatere. The whole drainage would be for the benefit of some 15,000 acres, yet 140,000 acres were to be taxed for the benefit of the people living there. He did not blame the people. They had suffered ; and one unfortunate man had fifteen head of cows washed away in one afternoon by this river. He alluded to the flood of a year and a half ago. The Council would see what monstrous things that Act could be applied to. The Drainage Act, which was for the purpose of draining land which was a swamp, was to applied to diverting a river. When the Council went into Committee he would move that this Act be expunged, as it was by Mr. Seymour last year. The Provincial Council of Marlborough had exerted some of .the powers which he objected to, and he thought it

would be a right step to do away with some of them They had proceeded to legislate on the Picton Improvement Act, and he would like to know whether the Colonial secretary had an act or memorandum to show in what direction it proceeded. The Hon. Mr. Gisborn replied, showing that the Validation Act of last year was intended to enable Provincial- Councils to pass amendments on the Acts named in the schedule. With respect to the Provincial Ordinance of Marlborough, referred to in clause 3, he was not aware of the circumstance which had been referred to. In Committee, he would willingly enter into the question whether that Ordinance should be included. He trusted the Council would agree to the second reading, wnen he would move that the Bill be committed on Tuesday, which would allow of ample time to study its provisions. He would not object to the reference to a Select Committee, if it was thought desirable, but he thought they would be able to discuss these points in a Committee of the whole Council. He would take care to have the Ordinances alluded to in r lie schedule laid on the table of the Council. The Bill was then read a second time, after which Col. Kenny, in moving for a Select Committee, affirmed as a fact that the Provincial Councils applied to the General Assembly for a Validation Act of certain Acts of their’s, and then went on legislating in the same direction as before, which was never intended. The Hon. Mr. Gisborne replied that this Act was intended to enable Provincial Councils, within the power they had, to repeal and alter any Ordinances, notwithstanding they had been validated. A Select Committee was afterwards appointed, consisting of Messrs. Menzies, Lee, Gisborne, Mantel!, and Col. Kenny. On Tuesday last the Council committed the Bill. The Defence, Resolutions. The following are the Government de* fence resolutions, as altered by the amendments of Messrs. Ormond and Wilson, as reported from a committee of the whole House, on the 14th instant: —1. That, in the very threatening aspect of native affairs, the maintenance of a highly disciplined and well organised force has become a matter of imperative necessity. 2. That the presence in the North Island of a small body of Imperial troops would greatly assist the Colony in its efforts to form and discipline such a force, and would tend to check the spread of disaffection amongst the native race. 3. That, in conformity with the above, this House is of opinion that commissioners should be sent to England to treat with the Imperial Government for securing the services for the Colony of an Imperial force, not exceeding 1,000 men, for a period not exceeding five years; and this House engages to make provision, in respect of the cost of such force, upon such terms as may be agreed to by the commissioners on behalf of the Colony. 4. That the commissioners be instructed to lay before the Imperial Government the grounds upon which the Colony feels justified in asking for assistance, and to ascertain to what extent aid, either in men or otherwise, will be afforded. 5. That the commissioners be also instructed to confer with the Imperial Government and military authorities as to the description of force, whether Ghoorka Regiments or other body of disciplined men in addition to the one thousand Imperial troops already authorised, it will be most advantageous for the Colony to employ for its defence—it being clearly understood that such force will be subject to the control of the Colonial Government; and that the Commissioners be empowered to conclude arrangements for the organisation and employment of such force for a period not exceeding three years, provided that the whole cost of it to the Colony does not exceed the sum of £70,000 per annum.

The following telegram, received from Dr. Featherston was read in the House on the afternoon of the 10 th instant:— Melbourne, August 4, 4 p.m. “General Chute will detain the 18th Regiment pending further reference home. Cancels all instructions about concentrating at Auckland, and also cancels all tenders for transport. If the troops should have embarked, he will order them back on their arrival in Australia.” On the following day, the Hon, Mr. Gisborne said it was the wish of the Government that the Standing Orders should be suspended so as to admit of a vote of thanks of the Legislature to General Chute being passed immediately, testifying their gratitude to him for his action with reference to detaining the 2nd battallion of the 18th Regiment, as a vessel was then on the point of departure. Agreed to unanimously. The Ballot Bill in Danger. On August 3, Mr. D. Bell informed the House that the Legislative Council had

made such alterations in this measure as, after being carefully considered by himself and the Attorney-General, they found rendered it absolutely necessary to re-construct the Bill to make it workable at all, although the principles had been agreed to by both Houses. The question was then postponed till Friday. We take the following from the Independent : —On the 11th inst. the Hon. Dillon Bell, on being called upon to move for leave to introduce a Bill to provide for the election of members of the House of Representatives and Provincial Councils by means of the Ballot, said in the Bill sent up to the Legislative Council the Council had made a number of amendments seriously affecting the Bill. As it now stood the Returning Officer could issue as many voting papers as he pleased, so that he could entirely control the election ; there was no provision to enable him to separate contested votes from others, while the ballot papers were to be burnt immediately upon the result of the elections being declared, so that it was not possible to try the legality of the ejection. It was therefore the duty of the Government to at least point out how dangerous it would be to assent to such amendments. The House was there in the difficulty that if it agreed to the amendments, it would be assenting to a measure entirely destructive of the liberties-of the subject, while if it did not the Bill would lapse. Under all the circumstances, the best plan would be to seek a conference with the Legislative Council, in order to see if the Bill could not be placed in the same position as it was when it left the House. He believed it would be irregular for him to move the motion standing in his name, and would ask the Speaker to rule what course he must adopt. The Speaker ruled that the motion was irregular. The difficulty might be got over by the House adopting the amendments on an understanding with the Legislative Council, the Bill being assented to by the Governor, and an amendment bill being afterwards brought down. The Hon. Dillon Bell said the Government could not adopt such a course, because they could not be certain of the act being repealed, and it would be disgraceful for them to allow such an act to be placed upon the statute book. He would, at the proper time, move that a conference should be asked for, and then, if the Legislative Council insisted on the amendments, the House would agree to them on its own responsibility. Later on, the same evening, he moved that the amendments made by the Legislative Council in this Bill be not agreed to. The motion was carried, and it was then, resolved to request a free conference with the Legislative Council; Messrs. Fox, Stafford, and Reynolds to be the managers on the pax’t of the House. On Friday last a message was received from the Legislative Council, stating that they did not agree with the proposal of the House for a free conference on the Regulation of Elections Bill, as such would not be in conformity with the Standing Orders, but would meet the House in a conference. The message was ordered to be considered on Tuesday. Another County.

On August 4, Mr. Stafford moved for leave to introduce a Bill framing the County of Gladstone out of the Gladstone andTimaru districts. He urged the necessity for the measure, because the district had refused to return members to the Provincial Council of Canterbury. He concluded thus :—“ It was a pity they could not alvvays bear in mind that the object of all government was not only to manage the affairs of the people, but to keep them satisfied.” Mr. DilloX Bell, in replying, - said he agreed that the institutions of 'the country should be in harmony with the opinions of the people ; and that it was the duty of the House to endeavor to remove causes of disaffection. It would be the most earnest desire of the Government to render the people contented with the existing institutions, and endeavour to make these institutions work harmoniously. The Bill was then read a first time. Committee oj Supply. On Thursday last, under the head of Provincial Charges, £Bl5 was voted to Marlborough; and on Friday, Mr. Kelly asked the Hon. the Premier whether it is the intention of the Government to give effect to the recommendation of the Public Petitions Committee, in reference to the petition of Mary Whiteley, widow of the Bev. J. Whiteley, who was murdered near the White Cliffs by the rebel natives ? In reply, the Hon. the Premier said the Government considered that the amount of pension recommended by the Committee was too small, and intended to propose to the House to double the sum —£50—[Cheers],