LAST NIGHT'S COUNCIL.

Nelson Evening Mail, Volume V, Issue 115, 17 May 1870, Page 3

LAST NIGHT'S COUNCIL.

On the Speaker taking the chair, the following message was sent down from the Superintendent: The Superintendent, in compliance with resolutions passed by the Provincial Council on the Ilth and 13th instant, forwards copies of all telegrams relative to the tendered resignation of Mr. Frankiyn of his seat as one of the members for the Grey district. Mr. Franklyn's letter of resignation having been withdrawn three hours after its receipt, with the consent of the Superintendent, was consigned to the waste paper basket, as being the property of Mr. Frankiyn, and not a public document. Mr. Frankiyn has this day, in deference to the opinion of the Attorney-General, definitely resigned his seat, and a writ has been issued aud despatched to the Returning Officer for the election of a member for the Grey district. The Superintendent desires toj express his sincere regret that the Council should be deprived for a short time of one of its members, and the Grey district of one of its representatives. Mr. Franklyn's resignation, although perhaps technically definite, was practically conditional, and the Superintendent considered tbat if he refused to allow of its withdrawal three hours after its receipt, he would be liable, and very justly liable, to the imputation of sharp practice towards a member of the Council who was at that time notoriously his active political opponent, while he would have been subjecting the province to the expense, and the electors of the Grey district to the trouble aud excitement of a fresh election, without what he considered to be adequate cause. — Oswald Curtis, Superintendent. The following is a copy of the telegram from the Colonial Secretary enclosing the opinion of the Attorney-General : — " Wellington, May 14, 1870. Re your telegram of 12th inst. I send you opinion of Attorney-General, but as the matter is not one for action of General Government, it does not hold itself responsible for opinion, and you receive ifc as if given to yourself. Opinion. I think it clear that immediately upon the receipt of the letter of resignation, without any recording thereof, or other act done by the Superintendent, or any other person, the seat of the member became vacant. I think the 9th section of the Constitution Act clear and express to this effect.— (Signed) J. Prendergast. (Signed) W. Gisborne." On the motion of Mr. Gibbs, the Couucil went into Committee to take into consideration the Superintendent's message rer ferring to the endowment with Waste Lands of Public Libraries and Institutes. After some discussion the matter was postponed until Thursday. Certain resolutions were then brought forward by Mr. Wastney , or. the subject of boundaries of lands, but the question was eventually referred to a Select Committee. On the motion of Mr. O'Conor ifc was resolved, That a Committee be appointed to consider and report upon the best means that can be adopted to encourage persons desirous of prospecting in search of gold. The Council then adjourned until this evening.