LAST NIGHT'S COUNCIL.

Nelson Evening Mail, Volume V, Issue 112, 13 May 1870, Page 2

LAST NIGHT'S COUNCIL.

The Council met at five o'clock. Present, all the members. On the Speaker calling as usual for notices of motion, Mr. Wastney rose to call his attention to the fact that there were strangers in the House. All strangers were then ordered outside the bar, aud after they had withdrawn Mr. Wastney stated there was still oue inside ; he alluded to a gentleman who had taken his seat as member for the Grey, without being entitled to do so. It had been admitted on the previous evening that Mr. Franklyn's resignation had been received by the Superintendent, and yet that gentleman was still to be found occupying that seat, which should either be vacant or occupied by another. Mr. Reid rose to a point of order ; he believed that the Standing Orders provided that wheu any personal reference was being made to a member, that gentleman should retire. The Speaker said that, according to Parliamentry usage, any member while personally under debate must withdraw. He might state that he was bound to look upon Mr. Franklyn as a member, as he had been so described in the Gazette. He must request Mr. Franklyn to withdraw while this question was under discussion. Mr. Franklyn would bow to the suggestion of the Speaker, but at the same time must state that he meant to return again, being of opinion that he was legally a member. The Speaker said that he had no power whatever to decide in a question of this kind, he was merely the organ or voice of the Council, aud had no authority other than that derived from the Council, which body was unable to take action, unless the case was referred to it by the Superintendent. Mr. Donne proceeded to argva from the Constitution Act that Mr. Fran lily n was not entitled to take his seat, and said that a competent legal opinion which had been taken that day bore him out in his views. Mr. Rutherford said that by the Constitution Act it was necessary that the resignation must be sent by the Superintendent to the Speaker, and as this had not beeu done he did not consider the seat vacant. Mr. Luckie asked when, how, and by whose authority the letter containing the resignation had been destroyed. The Provincial Secretary replied that tho Superintendent having decided upon allowing Mr. Franklyn to withdraw his resignation, and the letter not having been recorded in any way, the Clerk looked upon it as so much waste paper and tore it up. The proper course, perhaps, would have been to return it to Mr. Franklyn but he most distinctly aud emphatically asserted that it was not destroyed by the Superintendent's instructions. Mr. Luckie said that there could not be a shadow of doubt that Mr. Franklyn had no business there. The way in which the law had beeu set at defiance by the Superintendent within the last few months was something astouishing, He did not know what course would be pursued, but if the Council was to be carried on with constitutional propriety it was clear that Mr. Franklyn had no right to a seat in it. The Provincial Secretary thought the best plan would be to adjourn the debate until the following day, as the Attorney-General had been telegraphed to for his opinion. Mr. Macmahon would like to hear the opinion of the Provincial Solicitor ou the question. The Provincial Solicitor would prefer not to express any opinion at that time, as the case had been referred to the AttorneyGeneral. He might say that the Superintendent had acted without consulting the Executive, and, no doubt, without thinking for a moment that he was doing anything but what was perfectly legal aud right. (At this time it became perfectly impossible to follow the proceedings: resolutions were put in and withdrawn, amendments proposed and further amended, members spoke to two or three motions at one time, and ultimately a division was taken, but as one of the members, after the result was declared, was compelled to ask what was the question on which he had voted, and as there appeared to be a feeling of uncertainty on this subject in the minds of many, it is not to be wondered at if the reporters became a little confused.) After a delay of a few minutes the telegram forwarded to the Attorney- General was read by the Clerk. Mr. Luckie condemned it as being ill-drawn and absurd. It was a bald, bare way of stating the case, that even the proverbial schoolboy would have been ashamed of. That the Provin-

cial Solicitor should allow such a statement to be sent was perfectly astonishing. The Provincial Solicitor replied 'that the case had been fairly drawn up. The plain facts had been stated 'Without any attempt to introduce argument, and the -whole made as concise and straightforward as possible. He ■wished to state -tbat at the time Mr. franklyn's resignation was tendered that gentleman was almost violent opponent •of ithe Government, and they had , no idea they were toifind a supporter in him. ©n the motion of -Mr. Donne a Committee ■was appointed to- draw up a case to be submitted to the Attorney General, and the' Council after an adjournment of two boars, met again to adopt the report, and having done so .^adjourned until Ibis •evening at 5 o'clock.