Marlborough Provincial Council.

Marlborough Express, Volume IV, Issue 209, 25 December 1869, Page 5

Marlborough Provincial Council.

TUESDAY, DECEMBER 21st, 1869. At the hour named for the opening of the Council for this Province, the hall became speedily filled outside the bar with an unusually respectable audience, including Sir D. Monro, S. L. Muller, Esq., R.M., J. B. Wemyss, Esq., Crown Lands Commissioner, Rev. Mr. Johnstone, &c., &c. The Members present were Messrs. A. P. Seymour-, Conolly, Eyes, Western, Baillie, Monro, Levien, Ingles, Gibson, Sinclair, Goulter, Douslin, Ward, Robinson, Carter, M‘Rae, H. Dodson, and Beaumont, (Messrs. Duncan and G. Dodson being absent.) A little by play on the partof Mr. Ward caused the production, for his satisfaction, of the Gazette wherein Mr. Douslin’s return was published. Nothing, however, was done officially to show that the gentlemen present constituted the Provincial Council. THE SPEAKER. Captain Baillie rose and proposed Mr. Goulter as Speaker, who had filled the

office for the last four years, and also previously, and had conducted it with ability. Mr. Seymour seconded the motion. No other person being proposed, Mr. Goulter then took the chair and put the question that Mr. Goulter be Speaker, which was carried unanimously. THE SUPERINTENDENCY. The Speaker said the next business was the election of a Superintendent, which, under the New Provinces Act, required an absolute majority of the whole number of the Council, that was not less than 11 votes. Mr. Sinclair requested that certain distinguished visitors present be invited within the bar, alluding to Sir David Monro; our respected Resident Magistrate; and Mr. Wemyss. The Speaker accordingly sent a message to the persons named, and they were accommodated neai' the Speaker’s chair. After a considerable delay Mr. Ward proposed an adjournment till 2 p.m., which was seconded by Captain Baillie, and the Council adjourned accordingly. On re-assembling, the whole of the Council was present. After a lengthy pause the Speaker referred to the 24th clause of the Constitution Act, relative to adopting Rules and Standing Orders, and reminded them that it would be necessary to appoint a Select Committee to consider and bring forward such for their adoption. In reply to a question he added that these could not be dealt with until a Superintendent had been elected. After another long delay, Mr, H. Dodson said it was not necessary to wait longer; although all knewthe position of affairs, none seemed ready to propose a Superintendent in lieu of the one in possession. For himself, and those acting with him, he might say they were well satisfied with the present one, and therefore it was for the Opposition to propose another, if they wanted one. Much might be said against the present occupant of the office, as in any other Province, but they had much to thank him for, as he came into office and had held it at a trying period. The position was this : as a Superintendent they were satisfied with Mr. Eyes, and if those who were opposed to him were not prepared to propose a successor, he should move the adjournment of Council until 11 to-morrow. Mr. Levien seconded the motion. Mr. Ward would move an amendment pro forma. From what the last speaker said, the late Superintendent had some friends, and he should like to see them, if he had any. He would move that Mr. Eyes be proposed as Superintendent, which would show if he had any. No honest man could vote for him that knew him, which had been shown again and again. [Oh !] He would prove these facts. He promised to call a public meeting when he came back from Wellington, but put off calling it until he discovered that a requisition was being signed by his friends and constituents calling for an explanation. Mr. Eyes rose to a point of order, believing he was correct in so doing. Mr. Ward was referring to his position as a Member of the House of Representatives, a course which he objected to. That Council had no right to canvass his acts in his capacity of Member for Wairau; he should be ready on a future time, • and in a different place, to reply to him, but not on the present occasion. Mr. Ward wished to remark that if he wrecked one ship, he was not fit to guide another.

Mr, Eyes would feel bound to explain and protest against his membership for Wairau being considered. The Speaker could not see how a member could be restricted in his remarks in an election for Superintendent, since his public conduct was open to comment. Mr. Eyes was prepared to take a stand against such an extraordinary infringment, and would submit it to a Committee of the Council. The Superintendent was totally irresponsible to them as to his actions in another branch of the legislature, and if persevered in, he would call on the Council for an expression of opinion. Mr. Ward wished to show that he had treated his constituency with contempt, and therefore as honorable men they had no right to put him in power. He only stated his own opinion, and left it to a majority to determine, Mr. Eyes objected most decidedly to the course pursued; he was not responsible, and believed the Council would not allow it. (Hear.) Mr. Sinclair wished to speak to a point of order, and had attempted several times to speak. He now wished to know how many times Mr. Ward had spoken. Mr. Ward was ruled to have the right to continue, and went on to repeat that the late Superintendent did not meet his constituents, as he ought to have done, on his

return from Wellington. Mr. Eyes asked that it should be put to the Council whether last speaker should be allowed to go on in the course he was pursuing ;if so, he would retire. He believed there were persons around the table who, however much oposed to him politically, would not allow it to be pursued. It was not justifiable; he was sorry to have to delay public business, but he could not allow these remarks to pass, and wished the Speaker to put it to the Council whether he was justified in commenting on his conduct in the Assembly in that Council. Mr. Ward said, dropping the member, he would take him simply as Mr. Eyes; 'hewas a man of very variable temper, who could be very agreeable when he chose. Considerable confusion prevailed, Mr. Sinclair reiterating “Question, question,” Mr. Mcßae wished to know if Mr. Ward came down here to drive bullocks 1 The Speaker ruled that Mr. Ward was too personal in .his remarks, and another scene of confusion followed. Mr. Ward said he had to show why the person named was not a fit and proper person ; he was anything but fit, and from the time he considered the Province at an end, had entirely changed his conduct, and thought fit to act without the consent of his Executive. He was bound in honor now to oppose him. Mr. Eyes rose to order, and said he was able to refute what had been said, but at present wished the discussion deferred. Mr. Sinclair rose, and wished to know what amendment Mr. Ward was speaking to. Mr. Ward said, while speaking to the amendment, he wished to proceed to business instead. There was too much of a sham about him (Mr. Eyes) when he thought the Province at an end, a different state came over him— Mr. Sinclair again I’ose to order. The Speaker wished Mr. Ward to allow the question to be put. Mr. Sinclair wished for an adjournment till to-morrow, in order to allow their passions to cool; at the same time he could not conceive anything more scurrilous and low. It was a rascally, scoundrelly, thing to say that those who knew Mr. Eyes would not vote for him ; he refuted and condemned such words, and it was a scoundrel that says so. (Mr. Ward : It was the truth.) Mi 1 . Gr. Dodson had not attended a Council before, but had thought members met to do business respectably, not to go on as they were doing. He wished them to go on with the business. It went far to make him ashamed of having anything to do with the Council to see the scenes here going on. If there were any in a position to propose a candidate, he appealed to them to do so at once, and go on with business. Mr. Ward proposed his motion pro forma, and was not speaking to address the gentlemen of the Council, but he spoke to the honest men of this Province, and every man who voted for Mr. Eyes as Superintendent again would disgrace himself (uproar) ; the interests of the Province were in our own keeping. He repeated that we should disgrace ourselves, and could he get their opinions, he was sure a great majority of the public would be with him. He had let the works in the Taylor Pass without public tender, and this occurring just before an election partook of the nature of bribery —it was merely political dodgery. He was unfitted privately from the way he treated his constituents to hold the office j he would maintain it, and called upon them not to vote for the person he proposed.

Mr. Eyes rose to second the motion, in order to reply to the very absurd remarks of Mr. Ward. It was not for him to show to any honest man what Mr. Waf'd was, because he was looked upon as a wind-bag, and there was nothing honest about him. His own character would bear as strict an investigation, and if placed side by side, would show far purer than Mr. Ward’s ; however, this was not the place or time to assail him on this ground, and he was not there to defend it. [Mr. Ward said he did not refer to his private character.] Then he would have to eat his own words, which would surprise nobody, as he did assail his private character, and rose to bring the whole thing into ridicule by making a motion he did not mean to vote for, but he did not care whether he meant to vote for him or not j he gave certain reasons for thinking every honest man would vote against him, and what did they amount to 1 He would not enter into the question of his conduct in the House of Representatives, and the only real question he had to answer was as to letting works in the Taylor Pass without tenders; taking into consideration the time he had held office, longer than any gentleman who pre-

ceded him, and the way he had agreed with his Executive, all that could be brought against him was the letting a contract without his Executive. Did they honestly believe it 1 Was this all that the Opposition could bring forward 1 Was thei’e not something yet behind it which the public should know 1 They would support the in in with the blackest character who would carry out their designs. He had dared to give out a contract without calling for tenders, that was all. The only other thing was the way he had treated his constituents ; to them collectively, but not individually, he was bound. What political consequences could he gain through giving the contract to O’Sullivan ; the fact being that he had no Executive at the time, but knowing the importance of the work after personal inspection, and the wool season was coming on, rendering it imperative that something should be done to facilitate traffic ; he had no funds at his immediate disposal, and had to get Mr. Dodson to assist the negociation to enable the contractor to get the necessary tools and stores. The only reason was that stated, on his honor. He wondered he did not name the Gpawa Bridge also ; his object was to keep open the communication and facilitate the transit of produce. These works were altogether a matter of private arrangement, after having been up and satisfied himself as to the importance and necessity of the work, and he had to come to that Council at another time to ask for the money. He felt disposed to walk out and treat Mr. Ward with the contempt he deserved ; it was of no use their talking in this way, as he believed they were prepared to vote. He was sorry to be the cause of delay, and happy to say of this Council that this was the first scene during the last four years, and hoped it would be the last. He was always ready to defend himself when attacked, and therefore the blame lay at the door of those who did so. After some delay, Mr. Eobinson moved the adjournment until 11 to-morrow, saying that the honorable members on his side of the House were satisfied with their present Superintendent, and if the others would not proceed, they would select a man from the ranks of the Opposition, and propose him. Mr. Levin seconded the motion, and on being put, Mr. Ward wished the public to understand that the present Superintendent wished to bring about a dead-lock, and asked if this was a desirable position for the Pro vince, thus stopping the letting of works with responsibility. Mr. Eyes would like to call the attention of the public to the words of Mr. Ward. Look at him, and the ridiculous position of proposing a man he would not vote for. He denied being anxious to bring about a deadlock ; but Mr. Ward showed by his conduct that he did not want to elect a Superintendent. The motion for adjournment being put, a division was called, and showed as follows: —Ayes, I —Messrs. McEae, Levien, Douslin, Eobinson, Sinclair, Duncan, and H. Dodson. Hoes, 11—G. Dodson, Gibson, Baillie, Western, Conolly, Seymour, Ward, Ingles, Carter, Beaumont, and Monro. Mr. Eyes declined to vote. The Speaker hoped for the forbearance of the Council in carrying out the duties of his office, a position sufficiently difficult, as there were no Standing Orders to guide him. Mr. Sinclair moved as an amendment that Standing Orders be created. The Speaker said there was a fatal objection, as they were of no use until approved by the Superintendent. Mr. Eyes said that need not be a difficulty, as no Standing-Orders had been submitted to him for his approval. He might say that he was not desirous of emulating the conduct of those who put up their hands and declared the Council prorogued. [After an interruption from Mr. Ward he continued.) He was a very nice man was Mr. Ward, and very consistent when it suited him—a very nice fellow, just what you taught me. He apologised for any irreverent remarks he had . made, which he must say were much called for.. [Mr. Ward: I did not call for them.] Mr. A. Monko wished to express his views, and those of his constituents, who requested that Mr. Eyes should resign his seat in the House of Eepresentatives, and be Superintendent only. If he gave that promise he should have his support, otherhe would vote against him. ' Eyes might reply in the words of a popular song —“Hot for Joseph ; not if he knew it.” If any others were going to ask for pledges in the same spirit as the last speaker, he would like to answer them all at once. He was not going to make any pledge, and had only to refer them to his past. If he is deceived by my reply, he is not more so than I am at the question. He had promised in a letter in his possession to support him in preference to any other person in the Province, and had gained his .own election on those terms. Had he come

to him privately, he might have told him, but not now; he left him to his own conscience to do as he liked, and could prove by many others that he had promised to support him. Mr. Monro said he had stated that he was disposed to support him against any other man he knew, but not any in the Province. Mr. Eyes could not be both in Wellington and here, and he felt he had a right to vote for or against him, according to whether he was going to Wellington or not. Mr. Sinclair proposed that the motion as to Mr. Eyes be postponed till to-morrow at 11 a.m

The Speaker ruled this was a mere question of adjournment of debate. Mr. Levien seconded, and on a division the members were —Ayes 9 : Messrs. M‘Eae, G. Dodson, Levien, Douslin, Sinclair, Duncan, Eobinson, H. Dodson, and Eyes. Hoes: Messrs. Gibson, Baillie, Western, Conolly, Seymour, Ward, Ingles, Carter, Beaumont, and Monro. In reply to a question by Mr. Levien, the Speaker said it was not competent to move an adjournment again for half-an-hour. Mr. Levien said then they would wait. The members gradually withdrew to the ante-room, until the Speaker was left alone in the chair. Mr. H. Dodson noticing the position, came in and moved an adjournment, which the Speaker declared carried, and an adjournment took place until next morning at 11. WEDNESDAY, DECEMBER 22nd. Present: The Speaker in the chair, and all the members except Mr. Beaumont. After the minutes had been read and confirmed, the Speaker wished to say a few words. All must regret the disorders that occurred yesterday, and requested the support of the members in maintaining order, and recommended that a resolution should be passed to the effect that the spirit of the Standing Orders should be adhei'ed to. It was put to hm yesterday how far it was possible to canvass the conduct of a man standing as a candidate. He had since consulted an able authority, and he now considered that in such a case his whole conduct and character, public and private, was open to the consideration of the Council, but he trusted the good sense of the members would restrain them from a repetition of the scene of yesterday. Captain Baillie moved that the Standing Orders adopted by the late Council should be in force except clause 33, and that the clause requiring notice to be given previous to the appointment of a Select Committee should be suspended. The Speaker thought it would be much better to resolve that the spirit and practice of the Standing Orders be adhered to with the exception named, whereupon Captain Baillie amended his resolution accordingly. Mr. Ward seconded pro forma, but did not see the difficulty, and if passed the resolution would not be binding, as they could not put them in the position of Standing Orders, nor would he be bound by them himself. It was quite within the province of the chair as at any public meeting. Mr. Seymour thought the debate quite unnecessary, as they were not sure they would do what they required, but he was sure the good sense of the Council would support him in his ruling, as he would himself, and hoped the mover would withdraw the motion. Mr. Sinclair thought it best to rely on those they had had for their guidance for the last ten years. They required nothing new, and would support the motion. Motion withdrawn by leave. Mr. H. Dodson said there was an ambiguity in the wording of the resolution yesterday, and wished to know if that would prevent Mr. Eyes’ name being brought forward again. Mr. Ward was willing to withdraw his motion, having attained his object, and said what he wanted to say; of course he did not want to see Mr. Eyes Superintendent, as he considered it would be a great loss to this Province. Motion withdrawn by leave. Mr. Dodson then moved an adjournment till 2 p.m. The course taken was most extraordinary, rs eleven constituencies had declared for Mr. Eyes, and he believed that if the Council was dissolved would return the same again. Wairau and Blenheim were included in the number, which comprised one-third of the whole Province, while he should deplore the inconvenience and loss resulting from a dead-lock. It was too much for the Opposition to ask them to retire. He knew several had a difficulty in voting for Mr. Eyes, himself among the number, but looking round there were so few possessing such good talents, or so promising for our interest. Personally he had no sort of objection to Mr. Seymour, and was the last person to consent to put him out, but the country spoke out at that time, and Mr. Eyes had certainly done

better than they expected. On his side they had nine votes, and Upper Wairau had declared for him, therefore, rather than incur the expense and difficulty of another election, he would move the adjournment of Council until 2 p.m., in order that they might make up their minds. Mr. Sinclair seconded, and the motion passed on the voices.

Council met at 2 p.m., but although all the members were assembled, nothing was done until half-past two, when Mr. Eyes rose and said he was about to take a most unusual course, although it was one for which a precedent had been afforded in the past, but without a ground before. [Here Capt. Baillie rose, and wished to speak, but Mr. Eyes, holding up his hand, continued.] They had been sitting here for two days, and now were no nearer, and there was not the slightest chance of ai'riving at a conclusion. The course he proposed to take was somewhat extreme, and did not meet his approval; but it was of no use sitting there together and nothing being done, and he should therefore leave it to the Legislature. He therefore declared this Council prorogued, and it stands prorogued accordingly. (Applause.) Mr. Ward protested that the course taken was illegal. [Hero several members and most of the public rose and left the room.] Mr. Ward : I propose Arthur Seymour, Esq., as a fit and proper person for Superintendent— Mr. Seymour said the motion could not be made, and requested the Speaker to count how many members were present; if he looked around him, he would see that there was a majority of the whole number still in their places. Mr. H. Dodson said he disapproved of the proceeding, as it was tantamount to saying Mr. Eyes should be Superintendent and no other. It was an extreme measure, but it was done and could not now be helped, but he entirely dissented from such a course, and had only learnt a few minutes ago that it was contemplated.

A meeting of the Opposition members •was held at once, and a petition to His Excellency the Governor was drawn up, stating the circumstances under which this prorogation took place, and praying for the removal of Mr. Eyes from the office of Superintendent, which has since been forwarded by the Speaker. It was signed by thirteen members of the Council, namely : Messrs. Goulter (Speaker), IT. Dodson, Ward, G. Dodson, Seymour, Conolly, Monro, Western, Baillie, Ingles, Gibson, Beaumont, and Carter.