The Nelson Evening Mail. MONDAY, AUGUST 2, 1875.

Nelson Evening Mail, Volume X, Issue 191, 2 August 1875, Page 2

The Nelson Evening Mail. MONDAY, AUGUST 2, 1875.

Gr.vve doubts have arisen, and apparently not without, cause, regarding; thp power of YtfiP Gener^f; Assembly to abolish Provincial institutions." Those who raise the objection rely upon the following section of the " Constitution Act " : — " For each of the said prowinces- hereby established, and for every province hereafter to be established, as hereinafter provided, there shall be a SUperyffcetid!n€ an£ Provincial Council; and tiie^Plovifrci&UGouncil of eaeh of the said provinces hereby established shall consist ;pf such, .number of b.ers, not less. than nine, as the Governor shall by proclamation direct and appoint." _ In reply to this ifc is urged that in ISO'S an Act Was passed by the Imperial Parliament "to declare the pow6rs[ of, the' General Assembly to abolish any province, or to withdraw from any such province any parfc of, the territory therejpfjf^ which? \enaits that " The General*Assembly of 'New Zealand shall be deemed to have, and since the passing of the afore-mentioned Act (25 and 26 Vic, c 48 sec. 3) to have had, the power of abolishing any province at any time heretofore or here- ; aftpr to be established ;in New Zealand, or of withdrawing" therefrom the whole or, any part of the territory comprised therein, and of passing laws for the ; pB*ce r orjler,. ,a,nd.. good government, of tJie; territory :/so; Withdrawn ftbmv pir ceasing to form^parfeo^ the territory of any such province, whether such territpry shall, or shall nofc be included within thP -limits of auy other province of New Zealand; and also the power of to time such pro- : yisipri* as tor such <. General r Assemblyshall seem" expedient, relating to the efltect: and .operafcipj} of ,. any such , with, drawdls of teirrifory in, or with respect to, the province from which such territory shall have been withdrawn, aud the Superutenderifc and .members, of the Provincial Council thereof for the time being in office, and the laws in force in syqh province at the time of.such withdrawals of territory therefrom." ='■ But it is argued thafc the above refers merely to the extinction, or alteration in. thp boundaries pf. some one or more provinces, * and 'riot to the sweeping away of Provincial Institutions altogether. The following opinion was given on the. Ist December, 1874, by Mr u Pi-eridergasfc, then AttorneyGeneral, now Chief Justice: — "The Act of the Imperi&ljParljamenfc r (3l and 32 Vic, c 92) is intituled' 'Au Act to deckre the powers af ;' the. General' Afc- ' sembly to abolish any province or to withdraw Trom any such province any part of the territory,, thereof.^ It expressly^ authorises j the 'General Assembly to abolish any province— this means auy one or^ more, v 6r all of the provinces. Upon the .abolition of a province or provinces the provincial system will have no existence in the district or districts, thprptofore included within the province pr provinces abolished, and tbe General, Assembly must provide for the local concerns ol" such districts. Quei?--tiohs have been raised as'to^the'constructjqn of the Act aboVe ; referred to, arid though I. see no room for doubt or question, I think thafc it would be well that ithe Secretary of State should be asked to take ttie opinion of the law officers in England, and if any doubt ;whateyer is entertained by thetn, that a Bill should at once : be passed for removing the doubt.— (Signed) James pRENDERtfAS*.'' Ifc is greatly to be regretted thafc Mr Prendergast's suggestions that the- opinion of the law officers in England should be obtained has not been carried out, as much discussion, and possibly great inconvenience, would thereby have been avoided. Ministers had ample time before them to 'fortify themselves With this opinion, and if, by r neglecting io do so, they have weakened their position, they have none but themselves to blame.