PARLIAMENT.

New Zealand Times, Volume XXXI, Issue 4781, 19 July 1876, Page 2

PARLIAMENT.

LEGISLATIVE COUNCIL. Tuesday, July 18. The. Hon. the Speaker took the chair at 2.30 p.m. MOTIONS. The Hon. Dr. POLLEN moved for leave to introduce a Bill entituled an Act to constitute aßoard of Trustees, and vest in it certain Public Reserves at New Plymouth, for the purposes of a Botanic Garden and Public Recreation Grounds. The motion was carried, the Bill read a first time, and the second reading made an order of the day for Thursday next. The Hon. Dr. Pollen also moved for leave to introduce a Bill entituled an Act to amend the Laud Transfer Act, 1870. Leave was given. . ( The Hon Mr. HALL moved,—TStlierbvbe. laid upon the table of this Council a copy of the receipt given by Mr. Henry Smythies for the sum of £IOOO, paid to him by the Colonial Government in the year 1872. The motion was agreed to. Subsequently the Hon. Dr. Pollen laid the document on the table. JURIES ACT AMENDMENT BILL. This Bill was recommitted for the purpose of inserting a new clause, the text of which was given in our Saturday’s issue. On the suggestion of the Hon. Mr. Hall, the clause was amended by striking out the words “by the foreman." It was then agreed to. TheChairmand reported the Bill with amendments, and the third reading was made an order of the day for next (this) day. WELLINGTON RESERVES BILL. The Hon. Dr. GRACE, in the absence of the Hon. Mr. Hart, moved the second reading of this Bill. He explained the objects of the Bill.—The Hon. Dr. Pollen would not oppose the second reading. He would, however, endeavor to amend the Bill in committee. He thought the Waihenga reserve should, if sold, be advertised and sold by auction.—The Hon. Mi-. Fraser thought great care should be exercised in giving powers to dispose of reserves.—The Hon. Colonel Kenny thought it objectionable in principle that the second reading of Bills should be agreed to the principle of which it was intended to alter in committee.—The Hon. Dr. Grace thought there must be some misapprehension. It was not intended to sell the reserve referred to, but simply to lease it for twenty-one'years. The reason for the introduction of the Bill was that the Superintendent had had power to deal with such matters with the aid of the Provincial Council. That Council would not sit again, hence it was necessary to obtain other powers. £2OOO had been expended on the reserve on the faith of an understanding with the Superintendent. Ultimately the Bill was referred to a select committee. OTHER BILLS. The Diocese of Christchurch Church of England Bill was, on the motion of the Hon. Mr. Hall, read a second time, its committal being fixed for Thursday next. The Auckland Waterworks Act Amendment Bill was read a second time, on the motion of the Hon. Dr. Pollen, who remarked that he did not introduce the Bill as representative of the Government, but as a sometime resident of Auckland. The measure has already been before the House of Representatives, so that its provisions are known. Subsequently the Bill was committed, reported without amendment, read a third time, and passed. The Regulation of Local Elections Bill was, on the motion of the Hon. Dr. Pollen, read a second time.—The Hon. Mr. Bonar mentioned two minor points which he thought worthy of attention. The marked roll should be evidence of an elector’s having voted. There was a similar provision in the BUI which regulated elections for the House of Representatives. He was aware of a notorious case of double voting, to the extent of forty-two votes, but the returning officer failing to recollect the persons of the voters, proceedings had fallen through. He would throw the onus of proof on the person prosecuted. The other point was : By sub-section 2 of clause 39 a person was guilty of a misdemeanor who endeavored to vote twice on the same miner’s right. Many persons possessed several such rights, and there was nothing to show that they could not use each right.. He thought the clause might he amended in these particulars.—The Hon. Dr. Pollen would consider the matter. The committal of the Bill was made an order of the day for next (this) day. The second reading of the Naseby Water■works Bill was moved by the Hon. Mr. Fraser, who stated that the Bill was to enable the borrowing of £SOOO for the purposes of water supply to Nasehy.—After remarks from the Hon. Dr. Pollen (who thought that perhaps the BUI was unnecessary, and seeing that the Municipalities Act was now before the House of Representatives), the Hon. Mr. Hall and the Hon. Mr. Menzies, the Hon. Mr. Pharaztn moved the adjournment of the debate till Friday next. This was agreed to, and shortly afterwards the Council, at five minutes to four p.m., adjourned.

HOUSE OF REPRESENTATIVES. Tuesday, July 18. The Speaker took the chair at half-past two o’clock. PETITIONS AND NOTICES'. Various petitions were presented and notices given. Amongst the latter were two important motions in reference to land revenue, which will be found elsewhere. QUESTIONS. In answer to Mr. Swanson, who asked the Minister for Public Works, —If he will lay before this House a return showing the cost of the establishment of the photo-lithographic department, and the amount of work done since its commencement, stating what gain, if any, there has been to the colony ? The Hon. Mr. RICHARDSON laid the return on the table, and stated that the establishment of the department had effected a great saving in many ways. He mentioned that a large sum was saved annually in drafting owing to the system of photo-lithography. In answer to Mr. Wakefield, The Hon. Mr. BOWEN said the Government had no information as to the whereabouts of Sullivan the murderer. THE LATE DR. FEATHEESTON. A message from the Governor was received, recommending the appropriation of a sum of £3OOO, to be paid to the unmarried daughters of the late Dr. Featherston, in recognition of the distinguished services rendered to the country by the deceased gentleman. The Hon. Sir JULIUS VOGEL said he should ask the House to take the message into consideration at once ; and in doing so, he was sorry to have to say that he had that day received intelligence which fully corroborated the brief telegram previously received, recording the death of Dr. Featherston. He had received, by way of San Francisco, a telegram from Mr. Keunaway, who, it would be remembered, was connected with the Agent-General’s office, to this effect: —“London, July 19, 1876. Vogel, New Zealand.—l deeply regret announce Featherston’a death early this morning, nineteenth.” Another telegram, dated two days’ previously, had arrived from the Crown agents, to this effect: —“ Featherston has just felt it his duty to resign office, owing to serious illness, and Sir William Power, Direc-tor-General, War office, has pro. tem. been appointed Agent-General in his stead.-i-Crown Agents.” . In asking the House to agree to the setting aside of this sum, the Government were doing that which they were sure would meet with the approval of the House and of almost every person in the country. No man had ever fallen from the ranks of the public men of New Zealand who would be more missed than Dr. Featherston. He (Sir Julius Vogel) remembered, when he first came to the colony, how high a position Dr. Featherston held as a public man, and how greatly he was esteemed for his services in the past ; but of his own knowledge he could speak of the influence he had exercised over the parliamentary affairs of the colony, and the high and important missions he had undertaken on behalf of the colony of late years. ‘ He could remember the visit Dr. Featherston had paid to Australia when the country was in a great state of alarm owing to-

the anticipated sudden withdrawal of the Im-. penal troops, and the able way in which he ' fulfilled that task must be fresh in the minds of those who were in the colony at that time. * Subsequently his mission to England in com-' ■ pany with Sir Dillon Bell was of a value which ■ could not be questioned. On that occasion he had acted with discretion and : tact, and the colony had reason to remember his services. Afterwards it fell ' to him to be the first Agent-Gerferal of New ■’ Zealand in Great Britain ; and though there had been times when he and the Government had not agreed upon certain points, it had always been recognised that he was discharging his duties in a high-minded faithful manner, and the Government had never failed to uphold his management of affairs. When it was remembered that one hundred thousand, ' or nearly that number, of the population of the colony had been introduced under the supervision of Dr. Featherston during his term, it could not be said that his work in the capacity ■■ of Agent-General had been of a light or unimportant nature in respect of the immigration scheme of the’ Government. Of tne personal qualities of the deceased gentleman he need scarcely speak. There were few gentlemen in the House who were unaware of the high esteem in which he had been held; and as to his public character as a statesman, he had been most fitly described as an unselfish statesman. It was unnecessary, however, for him to go ‘further into the history of Dr. Featherston. He vas sure it would redound to the honor of the country that the House at so early a date determined to show in some slight manner its appreciation of one who would never again be • amongst us. It was not a large vote, only two year’s -salary was asked for, and he need scarcely say that unanimity would add to the gracefiilness of the grant. He formally moved that the Governor’s message be remitted to the ■ Committee of Supply. Sir GEORGE GREY, on rising to second : the motion, was overcome by emotion for a few ■ moments. He said his acquaintance with the late Dr. Featherston had ranged over a period of upwards of thirty years, during the whole ; of which time the deceased gentleman had taken a leading part in the public affairs of the ■ colony, and he (Sir George Grey) would say this, that he had never in his life known a man more unselfishly devoted to the public ■service of his country. He (Sir George) had been quite unprepared for this -motion. He ' had not known it was coming on, otherwise he might have been in a more calm state, and better”prepared to express his feelings. He would only say this —that the House could not do anything wiser than to recognise absolute unselfishness in the public men of the colony, and it could do nothing more in accordance ■with the feelings of the people of the country than to recognise that the late Dr. Featherston had been a thoroughly unselfish man. He (Sir , George Grey) knew the people of the country, and he knew the people of the-country appreciated men who studied the-interests of the country before their own private advantage and benefit —men who sought the good of the ■ country in preference ■ to seeking large salaries and large emoluments from the pockets of the people. He had known Dr. Featherston to be engaged in the service of the country in many ■capacities under great privations and considerable difficulties, but his great desire to assist the welfare of his fellow-colonists had carried him through all, and he had stood forward to ;the last as an example to public men. (Applause.) i The motion was agreed to, and the House then went into committee. In committee, The Hon. Mr. FITZHERBERT, who was much moved, expressed his complete concurrence in the proposition before the committee. He said he had been quite unprepared for this ;proceeding so early, and was not therefore able to express himself in any ornate language ; not that he desired to do so, it was one of those .occasions in which a simple expression of feeling was more powerful than a set speech, for he felt he had lost a friend and the colony ■a, great man. It had been said Dr. I’t-athor--ston was an unselfish statesman—that was ;true; -hence, he who might have been .the jioheat man in New Zealand had died a poor man. What more could be said of a public man ? Jt.was the great men of a country who made a country great, and it was men like Dr, Featherston who would build up New Zealand into a great country. It was not now necessary to catalogue his services ; that would be done by the future historian of New Zealand; but he .would say he had known much of him, and he-felt that the House was but doing its duty in placing upon record the sense of his worth.

. .Mr. BEES,'as a new member, did not de.sire to add anything to what had been said by the preceding speakers in reference to the deeeased gentleman, but thought the House could not but adopt the resolution. There could not be a more fitting manner of rewarding public men than a recognition of the claims of those who had been left behind. Bewards..o£ titles, rewards of pensions, rewards of land, were not so fitting as tender sympathy .and solicitude for those left behind ; and he believed that from every part of the country there would come an echo of what had been ■said and done in the House that day, for nothing the House could do could pay the debt of gratitude under which the colony lay to Dr. Heathers ton. When, the Premier of the colony, a member of the House who had been Governor during the greater part of Dr. Heathers ton’s connection with the colony, and one who had attained to the dignity of Speaker and who had in previous days worked side by side with deceased as a pioneer, all, joined in’ paying this tribute, the House could not do better than agree to the motion. He thought the sum scarcely sufficient. : The motion was agreed to, and on the resolution being reported to the House, The Hon. Mr. STAEFOBD, who was so greatly overcome by his feelings that he spoke inaudibly, supported the motion, and expressed his appreciation of the private and public character of the late Dr. Eeatherston. He expeessed regret that the amount was not larger. GOVERNMENT BUSINESS The Hon. Sir JULIUS VOGEL, before the order of the day No. 2 (County Council Bill—second reading) was called on, desired to say a few words. It had been brought under the notice of the Government both by its supporters aud Opposition members—in fact, by members on all sides of the House—that it was desirable some time should be allowed to elapse before the discussion on the Financial Statement took place ; and as it had been agreed by the Government and the gentleman who led the Opposition that the debate on the Statement should be taken on the Counties Bill, that request involved the postponement of the second reading of that Bill. The Government were disposed to accede to the request, and would be willing that the second reading of the Bill should be made an order of the day for Friday next, by which time it was hoped members would be able to go on with the discussion; but of course, should there then be a desire for further postponement, the Government would be willing to accede to it, so as to give proper opportunity for the House to arrive at a fair and just conclusion on this moat important matter. The delay till Friday would be as convenient to the Government as to the House, for they had not yet had time to consider the resolution) of which notice had been given by the hon. member for Waikato and the bon. member for Geraldine. In the meantime the Government hoped members would assist them in getting through the other business, MACANDKEW hoped that in the meantime the House would have the Public Works Statement and the tables connected with the Financial Statement, otherwise nothing could bo gained by the postponement. The great object of the delay was to enable the House to have the financial 'propositions of the Government before them in their entirety—in fact, the complete scheme of the Government—so that the whole matter might be discussed.

Mr. WHITAKEB quite coincided with what had fallen from Mr. Hacandrew, and thought it would be well to postpone tho debate until this information was in the hands of members, so that the question might bo discussed once and for all. If such a course were not adopted, one thing would bo discussed to-day and another to-morrow, and the

same ground travelled over and over again, which would result in a great waste of time. The Hon. Sir JULIUS VOGEL formally moved an adjournment of the House, and said if hon. members required that the detailed tables should be placed upon the table with the Financial Statement, it would lead to this, that the Statement must be made much later in the year in future, and it was of no use attempting to call Parliament together early. He thought that would net suit the convenience of members, who generally wanted to get home as the spring months come on The tables were not ready, and though he would have them pushed on with all possible speed, yet if the House were determined to wait for them, the debate must be adjourned for at least ten days. The Public Works Statement, he was informed by his colleague, was in-course of preparation, but however much it might be hurried. it could not be brought down for another week. The Government were willing to afford every information, and if hon. members decided to adjourn the debate for a few days, the House might be asked to proceed with the Estimates, which, he presumed, would not commit hon. members to opposing the Financial Statement. Still the Government did not think the long adjournment necessary, and while disposed to accede to a postponement till Tuesday, were not-pre-pared to say that a further adjournment would be agreeable to them. The Hon. Mr. RICHARDSON was understood to intimate that the Public Works Statement would be ready by Tuesday next. Mr. WHITAKER thought hon. members should thave the papers, and that there should be an adjournment till they were brought down, the Premier undertaking to have them ready as soon as possible. The motion for the adjournment -of the House was negatived. THE COUNTIES BILL. The .Hon. Sir JULIUS VOGEL then moved that this order of the day be postponed till Friday, and said it seemed to him that it was not fair to ask the Government to go on even with ordinary business for a considerable period while such resolutions as those previously referred to appeared on the paper. Perhaps -it would be better to adjourn for a fortnight. The Hon. Mr. STAFFORD recognised that the Government could scarcely be expected to say at the instant what course they would pursue after such resolutions as those of the hon. member for Waikato and the hon. member for Geraldine had been given notice of. Beyond a doubt, they were exceedingly important resolutions —they were of exceptional importance—and all parties were equally interested in them, because they involved a financial revolution. The House should therefore not be taken by surprise, but should exercise its discretion in considering the time and manner in which they should be discussed ; and he thought the Government might fairly claim till next sitting day at anyrate to consider the charaoter.and effect of the resolutions and decide as to what course should be taken respecting them. The questions were of such magnitude that the Government might very fairly refuse to carry on public business until the matter had been dealt with.

Mr. ROLLESTON suggested that both resolutions should be considered in Committee of Supply. Mr. READER WOOD said as the resolu-tions-opened up the whole system of finance it would be quite impossible for the House to consider either of them without at tile same time considering the Budget, and it seemed to him that the House could not be in a position to do this until it had had placed before it full information. He had endeavored to make himself acquainted with the Statement, and he felt that to do so thoroughly he must have more detailed information, such as the tables spoken of would afford. The Hon. Sir JULIUS VOGEL, in reply, said the Government would go on with the business on the Order Paper that day, the Counties Bill and the Financial Arrangements Bill being postponed till Friday, but they were not prepared to say that they would be willing to go on for ten days or a fortnight with those resolutions impending. The second readings of the Counties Bill and Financial Arrangements Bill were then postponed till Friday. CENSUS ACT AMENDMENT BILL. The Hon. Mr. BOWEN moved the second reading of this Bill, which repeals that part of the Census Act which provides that another census shall not be taken until 1880 unless Imperial legislation required-it. He explained that the Government did think it desirable to expend £30,000 in taking a census next year. Agreed to. LOTTERIES AND ART UNIONS BILL. The Hon. Mr. BOWEN, in moving the second reading of this Bill, said the object in view was to check gambling, which had been carried on to a large extent lately under the title of art unions and soirees. Second reading agreed to. DEBTORS AND CREDITORS ACT AMENDMENT BILL. The Hon. Mr. BOWEN moved the second reading of this Bill. He referred to the legislation of last year, which, he pointed out, had partaken of the character of the Scotch Bankruptcy law in principle and had generally been approved, though some practical defects had from time to time exhibited themselves. It was to remedy these defects that the present Bill was introduced. He was pleased to say that a great deal of interest had been taken in the Act, and the amendments suggested were the result of recommendations made by persons who looked at the question from various points of view. He explained the minor provisions of the Bill, and said the Government would be willing to take suggestions from any member, the desire being to make it as good a Bill as possible. Mr. SHARP agreed with the principle of the Bill, but said there were certain clauses he should like to see amended in committee. He pointed out that there were two classes of bankruptcy—there were cases in which debtors sought the protection of the Court, and others in which the creditors resorted to the Court in order to bring a debtor to book and to get from him what there was to be got ; and he considered provision should be made for different processes in these different cases. He was also in favor of an official assignee being appointed. Mr. STOUT spoke of the great bulk of the Bill, pointing out that there were upwards of 300 clauses in it, and said as it was impossible such a measure should receive full consideration this session, it would be much better if the Minister for Justice would introduce a short Bill, amending in some particulars the old Act, leaving now legislation for another session. He took occasion to refer to the quantity of work the new Parliament got through somehow or another every session. In England two or three important Acts were considered sufficient work for a long session; but here it was attempted to pass a large number of important Bills in a very short period, the result being that the legislation was almost useless in many instances. As for introducing the Scotch law of bankruptcy, it was impossible to do so. The Scotch bankruptcy law was part of a large system, and worked very smoothly in connection with other branches, but it could not be expected to work well when grafted on to English law. The Scotch law might be a very good law, but if it was attempted to mix it up with English law a bungle was inevitable. Mr. EASTINGS also advocated the withdrawal of the Bill. Mr. BUTTON took the same view as the hon. member for Dunedin city, in reference to the fallacy of attempting to graftthe Scotch bankruptcy law on to the English system, which he described as perfectly unique and peculiar to itself. He thought the Scotch law could be very well done without, as the English law was in itself sufficient. He criticised the policy of the Act, which was to throw not only the estate of the debtor, but the body of the debtor into the hands of the creditor, and pointed out that theoretically and practically this system was bad. Let creditors have the estate to do with it as they pleased, but the body of the debtor should bo left for the Court to deal with. The creditor was quite incapable of dealing with him fairly. Men angry at their losses would not stop to enquire whether a debtor was the victim of misfortune, they would punish him because

they had lost by him. The Court, therefore, should have to deal with the debtor, and.if guilty of fraud he should be at once punished, and not sent adrift as an uncertificated bankrupt. The learned member spoke strongly on the present practice of withholding certificates — an uncertificated bankrupt he regarded as an unmitigated evil. He went about preying on the community generally—in fact, begging—and by and by, increasing in numbers, these men became a perfect curse. - For the sake of the commercial morality of a community, a fraudulent debtor, should receive summary punishment, and while he was left in the hands of creditors, who cared for nought but dividends out of the estate, bankrupts would not be dealt with from this higher standpoint. The Hon. Mr. BOWEN replied on the debate, hoping the Bill would be passed -through, as he felt confident good would result from it. He should be quite willing to amend in committee. The Bill was read a second time. hawkb’s bat rivers bill. This Bill was passed through committee, and ordered to be read a third time next day. BATING BILL. The Bating Bill was further.-considered in committee. Mr. WHITAKER proposed the omission of clause 19, relating to the constitution of the Court, and that the following clauses upto27,be omitted, considering that they had the effect of making the Bill too cumbersome. He moved as an amendment —That instead of Justices the Resident Magistrates be judges to try appeals; that the clerk of the R.M. be clerk of the Assessment Court, and that the sittings be held at such times and places as he may appoint, not less than ten days’ notice to be given. The amendment was agreed to. Clause 28 was slightly amended on the motion of Mr. Whitaker.

A long discussion arose on the 29th clause, which provides that the clerk, valuers, and collectors should attend the Court. Mr. Ldsk objected to the clause, but it was eventually adopted. On clause 30 (Court to correct valuation list) there was a long debate. Mr. Wason moved that words be prefixed to the clause which would make it read thus—“ That the local body may in the first place hear and determine all objections made against the roll, and shall alter the same as they may think fit; and in the event of objections still being laid against the roll, the Court shall hear and determine all objections,” &0.. The effect of the clause would be to place power in the hands of the local bodies, which was originally given to the Court exclusively.—The Premier objected to the insertion of the words in that place. He regarded it as absurd that hon. members who had became possessed of a happy thought should endeavor to introduce it into the first clause they came to. He objected to the amendment, on the ground of its unsuitability in the place in which it was proposed to insert it.—Mr. Wason, under the circumstances withdrew his motion, by permission of the committee, at the same time giving notice of his intention to move for the insertion of a separate clause, giving effect to the idea he had desired should be inserted in clause SO. The latter part of the clause was then struck out.

Clause 36, which called forth a long discussion, chiefly from members of the legal profession, read as follows ; objection is made of a frivolous and unreasonable character, by which any person is put to unnecessary inconvenience and expense, the Court may, in its discretion, order that the objector shall pay to such the reasonable costs and charges to which he has been put by reason of such objections.” The clause was amended by leaving out all the words ending with the word expense in the third line; and several technical amendments were made, one being that the sum of money so ordered to be paid might be recovered as a sum of money for which judgment had been obtained. Additional amendments being suggested, the Premier moved and it .was carried, that the Chairman report progress and ask leave to sit again next (this) day. The House adjourned at 12.55 a.m.