OPENING OF PARLIAMENT.

New Zealand Times, Volume XXXIII, Issue 5408, 27 July 1878, Page 3

OPENING OF PARLIAMENT.

Tho third session. of tho sixth Parliament of. New Zealand wa«i opcned.ycsterday with the usual formalities. Tho ctay. was beautifully and a largo number of persona assembled in the streets to witness tho outside proceedings, while the Legislative Council Chamber ww filled by a brilliant assemblage. Tho Artillery Corps paraded on the reclaimed. Land at 1 o’clock, and formed a bat*' tory for tho purpose of tho usual salufeb, and the Rifles’ were' drawn up as a guard of honor under Captain Crowe, each corps being accompanied by its, band. The first gun- of the salute boomed forth at halfpast two, announcing that his Excellency had left Government House, and in a few minutes Mr. Le Pafcourel, private secretary, announced the arrival of .the Governor. His Excellency, who was attended by the Private Secretary ; Lord Hervey Phipps, Aide-de-camp ; and accompanied by the captain and one of the lieutenants of 11.M.5. Nymphe ; Mr. F. A, Krull, German Consul; and Captain Mclntyre, United States Consul, was met by; the Hon. the Speaker, Sir. J. L. C.* Richardson, and conducted to the dais. The Hod. the Speaker then directed the Usher of the Black Rod to request the attendance of the House of Representatives. On the arrival of hon. members his Excellency read tho speech, and then immediately, retired. LEGISLATIVE COUNCIL. •: : Friday, July 26. The Council met at half-past two o’clock p.m. J* THE GOVERNOR’S SPEECH. His Excellency the Governor was announced at Balf-past two, and desired the attendance of the House of Representatives. Members of the House of Representatives, headed by Mr. Speaker, having arrived, his Excellency read the following speech ; Honorable -Legislative Councillors and Gentlemen on the House of Representatives,— ' It affords me much pleasure again to have recourse to your advice* and assistance ; and I confidently anticipate that ywur deliberations * will tend to promote the prosperity and good government Of the colony. Since the last session I have been uniformly received by the colonists with the utmost loyalty and cordiality, as the Queen’s representative, wherever I have been able to visit ; and it has been withthe greatest gratification that I have observedSthe marked progress in material prosperity which is everywhere taking place, and which testifies so . manifestly to the industry of tho people of this country.; I congratulate you on the fact thatepeaceful relations have at last been established with the Waikato and Ngatimaniapotjo tribes. Complying with the pressing and frequentlyreceived invitations of the leading chiefs of those tribes, the Premier ’ and the Native Minister visited them on several occasions in their own districts, and met. them : also at the Waitara. Papers on this subject will bo laid before yon. They will show that the long period of serious difficulties with the native race may reasonably be considered to bo approaching a termination. There is now a fair prospect that, before long, European enterprise and settlement will be welcomed by those great tribes ; and that they will gladly avail themselves of the advantages which roads, railways, and telegraphs will bring to their magnificent territory, by'which its value, and consequently the wealth and happiness of that portion of the native race so long estranged from us, must be largely increased. In consequence of the disposition thus recently manifested on the part of these natives, you will be asked "to consider the question of extending the North Island trunk railway from Auckland to Taranaki. It is probable that blocks of land of great value will be acquired upon reasonable terms along the lino. While negotiations with* these tribes have been progressing, the interests of those' that havelong been loyal to us have not been neglected, and many of the principal native settlements have, during the recess, beeu visited by the Premier or the Native Minister. Several long-pending. questions, out of which more or less ill-feeling has arisen, have been finally and satisfactorily settled. The question of the survey and settlement of thexvest coast of this Island has been firmly taken in hand. One large block baa been surveyed, and will shortly be opened for sale ; and the immediate survey of the Waimate Plains has been ordered. Whilst the utmost consideration for the former native owners will be shown in dealing with these lands, a large extent of valuable country will be- available for sale and settle-- . ment. My Advisers have found the position of the Government native land purchases to be very unsatisfactory ; and, but for the legislation of % last session, which enabled the Government temporarily to protect lands under negotiation by tho Crown, many blocks upon* which large sums of public money have been spent would have passed into the hands of private speculators*. This is .a question with which you will be called upon to deal; and information sufficient, it is hoped, to enable you to conserve the interests of the colony in this respect, will be afforded you- . Measures for simplifying the procedure in investigations of title to native lauds, as well as their alienation, will be submitted to you. The principles of those .measures have been discussed with many sections of the native people ; and it is believed that the effect of them will be to place upon an equal footing all the Queens subjects who may desire to purchase native lands. The threatening aspect of European affairs caused the Imperial Government to assemble in London a committee of scientific officers to consider the question of colonial harbor defence. Those officers made recommendations for the defence of the chief harbors of New. Zealand, andwthos-subatance of those recom- . mendations was telegraphed to me by the Secretary of State,, for the purpose of ascertaining whether*the colony would carry them out. On the advice of my. Ministers, I have replied that New Zealand accepts the duty ; and the necessary armament will shortly arrive in the colony. Papers, on this subject will bo submitted to you. Measures have : been, prepared, and will be brought before you, dealing with electoral reform, which, it is hoped, will tend to place the franchise, and the method of electing members of the House 6f Representatives,'upon a satisfactory basis. Gentlemen op the House op Representatives,— The Estimates which will be laid before you haVe been ‘prepared so as tor promote economy and effective administration in the several departments. : , You will find that there is a largo increase of revenue, which indicates the prosperity of the colony; and its progress is rendered more certain by a marked extension of the export tiade. • 4 ’ ’’

The successful Issue of the loan, authorised last session is a further proof of the opinion entertained in other countries of the stability of our financialrpositibiVand of the general prosperity and peace which prevail in New Zealand. Authority, has been given to the agents under the Consolidated Stock Act, to convert New Zealand securities of a miscellaneous character into loug'-dated debentures bearing a uniform rate of interest. Measures will be introduced to place the taxation of the colony on a more equitable basis, apportioning the public burdens accord; ing to the capacity to bear them; and the tariff will bo submitted. to reyision, tending to relieve comiqeroa of some restrictions which retard its growth. Honokablb Legislative Councillohs, asd Gentlemen or the House or KepbbHENTATIVES, — The Government have found that, in order to carry out any real administrative reform, there mast an amalgamation of offices, as 1 well as a simplification in their administration.' This has been specially felt in the Department of Justice. To effect a saving of departmental expenditure, and at the same time to increase the efficiency of the administration of justice, a Bill extending the jurisdiction of the interior Courts has been prepared, and will soon be laid before you. My Ministers, have endeavored by this Bill to simplify the proceedings in the local Courts. Steps have also been taken to obtain a simplification of the Supremo Court procedure; and the Government hope that the benefitsobtainedin qther.countriosfrom amending the procedure of the higher Courts of Judicature will be secured for this colony. A report will be laid before you showing the effect, so far, of .'the Education Act passed last session. The time that has elapsed since its E sing'has been tog short to a)Joiy a fair estite of its working to be arrived at, but the vernment do not believe that any material amendments are. at present expedient. The question of higher education deserves most careful consideration ; but, as a preliminary thereto, it is necessary that the mode of working and the effects of existing institutions should he ascertained.' It is intended, thoreJbro, to appoint a Royal Commission to inquire into and report upon tho operations of tlio Now Zealand University, and Its relations to

tho secondary schools of tho colony. The report of this - commission will, if legislation ho necessary, enable Parliament to deal effectively with the subject next session. Arrangements have been enterediuto with the Government of New South Wales for modifications in tho San Francisco mail service contract, and as to coming within the terms of the Postal Union. In conjunction with New South Wales, tho Government have also negotiated with Colonel Glover, the representative of the Eastern Extension Australasia and China Telegraph Company, for a duplication of the cable from Port Darwin to London, and for a reduction of the tariff on the New Zealand cable. Tho present state of the negotiations will be shown by papers that will be laid before you. The goldfields of the colony are 1 - still prosperous, and there can be no doubt that there are yet numerous and extensive auriferous deposits that only require population and enterprise for their development. . You will, I have no doubt, join with me in the hope that the proposal to establish direct steam communication between New Zealand and the United Kingdom may prove successful.

•, The results of the • gradual extension of tho railway system have been such as to justify the colony in undertaking its large indebtedness for the prosecution of those public works. It is gratifying to find that the District Railways Act of last session-is being taken advantage of, and that tho faith of the people of New Zealand in railway extension is being shown by many important lines in different parts of the colony being undertaken by private and local enterprise. This spirltof self-reliance,my Ministers think, should bo fostered; and you will be asked to make some alight amendments, with tho view of offering facilities which experience has shown to be desirable. During the recess various changes have been introduced into the management of the Public Works and Railways Department—changes which X venture to hope may prove beneficial to the public service. ■I commend to your serious consideration the various"measures and subjects that maybe brought before you for your advice and action; and X pray that the Spirit of Divine Wisdom may so order your deliberations, that peace and happiness may be promoted throughout the length and breadth of the colony, • MESSAGES FROM THE GOVERNOR. A message was received from the Governor, informing the Council that he had called to the Council William Hunter Reynolds, of Dunedin ; Patrick Alphonso Buckley and John Martin, of Wellington ; and Thomas Henderson; of Auckland. And another message informed the Council of the vacation of the seats of William Barnard Rhodes, of Wellington, owing to death ; and John* Taylor, of Auckland, by reason of his having been absent from the Council for two sessions without leave of absence. :/ PAPERS. The Hon. Colonel WHITMORE presented various papers by command of the Governor. NEWMEMBEKS. Mr. John Martin, introduced by the Hou. Colonel Whitmore and the Hon. John Johnston ; Mr. P. A. Buckley, introduced by the' Hon. Colonel ’Whitmore and tlic Hon. J. N. Wilson, subscribed to the usual oaths, and took their seats. NOTICES. Notices were given for the appointment of the various sessional committees. The Hon. Colonel WHITMORE gave notice of motion for the appointment of the Hon. Major Richmond, C.B, as Chairman of Committees. The Hoh. Colonel WHITMORE gave notice of his intention to move for leave to introduce on Tuesday the following new'Bills : An Afs to provide for the revision of the statute j law of the colony; an Act to make provision for the prevention of cruelty to animals; an Act to amend the Sale of Food and Drugs Bill, 18/7; an Act to amend the Scab Act; an Act to regulate the branding of cattle, and to secure the registration of such brands, &c. NATIVE LANDS BILL. A message was received from the House of Representatives forwarding this Bill. On the motion of the Hon. Colonel Whitmore, it was read a first time, and the standing orders having been suspended,

The Hon. Colonel WHITMORE moved the second reading. He explained that the necessity for the Bill arose from the fact that under the Act of 1873 witnesses could not be compelled to give evidence. Inquiries were now being made into certain lossely conducted transactions in native land, and persons who could give evidence were availing themselves of the Act of 1873, and would not give evi; denoe without first levying black mail, and thus prevented justice being done. If this Bill were passed, they would be compelled to give evidence ; and the Bill was brought in because the Government considered it advisable to have the evidence. He might mention that in cases before the Court now sitting at the Thames the Government had interests to the extent of .£50,000 or £60,000 at stake, and the Court was adjourning from day to day until power to summon witnesses could be obtained. The Bill conceded what the natives sadly wanted, the right of appearing by. counsel or agent, a right which had existed prior to 1873. The Hon. Dr. GRACE thought the Colonial Secretary had made out his case in support of of an unusual course, and remarked that .when the Bill of 1873 was before the Council he (Dr. Grace) considered such powers as the present Bill conferred should be inserted in it. The Hon. Sir F. .D. BELL objected to agents, as well as counsel, being allowed to appear. The Hon. J. N. WILSON explained it was necessary in certain circumstance. The Bill was read a second time and passed through all stages. ■ The'Hon. Colonel WHITMORE moved the adjournment of the Council till 2.30 p.ra. on Tuesday. The Hon. Sir F. D. BELL inquired whether the papers laid on the table included information as to the public accounts ? , The Hon. Colonel WHITMORE said not; but informed the hon. member that full information would be forthcoming next sitting day. In fact, matters were so forward that the Treasurer, did the forms of the House permit, might make his Financial Statement on Tuesday. The CJuncil then adjourned. HOUSE OF REPRESENTATIVES. Fiudat, Juit 26. The Speaker took the chair at half-past two p.m. At twenty-five minutes to three o’clock, the Usher of the Black Rod (Captain Humphries) entered the House and said,—Mr. Speaker : The ‘ Governor requests the members of this honorable House to attend his Excellency'forthwith in the Legislative Council Chamber. The Sergeant-at-Arms (Major Paul) then took up the mace and left the House, followed by the ‘Hon. the Speaker, the Clerk of Parliaments (Major Campbell), and the members of this branch of the Legislature present. On their return to the House, at 2.50 p.m., the Cleric read the list of new members who had been returned during the recess, as furnished ‘by the Clerk of Writs (Mr. G., S. Cooper). , NEW MEMBERS INTRODUCED. The following new members wore introduced) and took the necessary oath : Mr. Turnbull, member for Timaru ; intro-: duced to the Hon. the Speaker by Messrs. Montgomery and TeSchemaker. Mr. Moss, member for Parnell j introduced by the Hon. Mr. Macandrew and the Hon. Mr. Stout. Mr. George, member for; Hokitika; introduced by the Hon, Mr. SheeTian and Mr. J. O. Brown. Mr. Barton, member for Wellington ; introduced by the Hon. Mr, Macandrew and the Hon. Mr, Stout. Mr. Hobbs, member for Franklin; introduced by the Hon. Mr. Sheehan and Mr. Hamlin. ‘ Mr. Cutten, member for Taieri; introduced by the Hon. Mr. Stout and the Hon. Mr, Macandrew, PETITION. SEATON presented a petition from Mrs. Dalis relative to some land. ■; NOTICES OF MOTION. Several notices of motion wore given, Sir Robert Douglas tabling the first one of the session. • SESSIONAL COMMITTEES. _ Notices were given for the appointment, of tho usual sessional and other committees. NEW BILL, The Hop. Mr. STOUT gave notice for tho introduction of certain Bills on Tuesday next. . PAPERS. The Hon. Mr. MACANDREW laid several papers on tho table. ' Tho Hon. Mr. SHEEHAN laid on tho table, by command of his Excellency, the report of the Royal'Commission appointed to inquire into the working of tho Employment of Females Acts. Tho Hon. Mr. BALLANOB laid papers on tho table relative to.education, which wore ordered to ho printed.

QUESTION. • The Hon. Major ATKINSON asked if he understood the Hou. the Native Minister ,to move that the papers laid,on tho table by command bo printed ? Tho Hoh. Mr. SHEEHAN replied that tho standing orders of tho House did not require a motion to’that effect when papers wore laid* on- the table by command. They would bo printed as a matter of course. NATIVE LAND ACT AMENDMENT.. ... The Hon. Mr. SHEWIIAN moved for leave at once to introduce a Bill intituled an Act to amend the Native Laud Acb‘, 1373. The motion was carried without discussion, and the Bill brought in. Tho Hou. Mri SHEEHAN *. Sir, I am desirous of; stating to the House the reasons why I move that the Bill do pass through all its stages 1 to-day. Tho Bill is of a very urgent character. Under the Native Laud Act of 1873 the Native Laud Court has no power to summon witnesses to give evidence. At the Thames, where tho Court is. now sitting, witnesses are required, but under the Act I have just cited the Court lias no power to order their attendance to give evidence. Some witnesses both ‘to the signatures to the deed of sale, and the payment of money to the natives have declined "to attend the Court at too Thames unless I pay them a • large sum of money by way of .blackmail* In consequence of their . refusal to attend the Court has been postponed from day tp clay. Tho acquisition of several large and important blocks of land, and the payment of some. £50,000, are involved, and unless this BUI is passed to compel tho attendance of witnesses tho laud will not bo passed through the Court for some mouths to come. This is tho reason why I propose that presently the Bill should be allowed to. pass through all its stages to-day. Sir Robert DOUGLAS: I wish to draw your attention to a little matter which occurred last session. It was' then . decided by. this House, after some discussion, that the Native 'Lands Bill should be printed, and distributed during the recess. The Hon. Mr. SHEEHAN : The hon. member is mistaken with reference to what I now ask the House to assent to. This is not the Native Lands BUI. It is a short Bill of three clauses only, introduced to meet a certain emergency that has arisen. The Native Lauds Bill will be brought down indue course, and this short Bill will of course 'be incorporated in that measure. Sir ROBERT DOUGLAS : I am glad to hear the hon. member’s explanation, because it relieves my mind of a matter which I intended to speak about. I .want to know whether that motion of the House has been carried out or not. I should like to know if it has beeu carried out. The Hon. Mr.. SHEEHAN : If the hon. member will ask his question at the proper time, or give notice n£ his intention, I shall be most happy to reply, but L don’t think this is the proper time to request information on tho subject. The Hon. Major ATKINSON : The proposal of the' Government, although very exceptional, is not unreasonable. I think the hon. gentleman, has made out a case ; I approve of the course which tho hon. gentleman proposes, namely, to move the.passing of the Bill through all its stages presently—in: au hour or so, in order that we may have an opportunity to read the Bill. Although it is a short Bill, still I thiuk hon. members should have time allowed them to read it. I understand that to be the hon. member’s proposal ? Tho Hon. Mr. SHEEHAN : Certainly, Tho Bill was then read a first time.

The Hon. Mr. SHEEHAN moved, —That the Bill be read a second time presently. The Hon. the SPEAKER : I am assured by the Government that this is a Bill of great urgency. That is a good reason for going out of the usual way. The motion that the Bill be read a second time presently was then put and agreed to. his excellency’s speech. Copies of his Excellency’s speech were then distributed. 7 The Hon. the SPEAKER inquired if it was the wish of the House that the speech should be read ? Several members : Take it as read. The Hon. Mr. SHEEHAN : What I proposed to do was to take tho second reading of the Bill after tho reading of his Excellency’s The Hon. Mr. FOX : The Bill is a short one, and it might answer all purposes if it were now read by the Clerk. It was resolved that the Bill bo read a second time presently. , . ADDRESS IN REPLY. Mr. GEORGE gave notice that on Tuesday next he would move an address in reply to his Excellency’s speech at the opening of Parliament. NATIVE LAND ACT AMENDMENT DILL. The Hon. Mr. SHEEHAN moved the second reading of this Bill, and in doing so explained what the proposals of the Bill were. The first clause 2>roposed that this Amendment Act should bo incorporated with the Act of 1873. The second clause of the Bill gave the Native Land Court, or any Judge thereof, the same power of summoning and compelling the attendance of witnesses and the production of documents, and punishing them for nonattendance, or refusal to give evidence, as was possessed by the Supremo Court; and the last clause provided that counsel should be allowed to appear for either party at the discretion of the Court or Judge. This would be putting the natives on an equal footing with ourselves. He would now shortly state the reasons showing tho necessity for this Bill. When these lands in question were purchased, the transactions were carried on under tho direction of the Civil Commissioner. Mr, Mackay, the commissioner, employed an interpreter and several pakeha to assist him. The Government had found the purchases incomplete, and the signatures to the deeds (some 400 in number) were not attested. The persons employed to do the work had been paid by Mr, Mackay. Amongst them was an interpreter, who refused to sign the deed unless he was paid for doing so. He (Mr. Sheehan) informed that gentleman in writing that it was an attempt to levy blackmail, and that if he did not sign the deed his license would be cancelled. Upon receipt of that communication he signed the deed. He now contended that tho Court had no power to compel him to attend tho Court to give evidence, and that he would not attend unless ho got £IOO. If the man had been a Government officer there would have been no difficulty in the matter, bub nob being a Government officer ho had taken up that position of demanding £IOO to give evidence to the Court. The Hon. Mr. FOX : I concur in tho propriety of tho course pursued on this occasion, but we are in a little doubt here as to who the party is. I should like to hear from the Na tive Minister whether it is Mr, Mackay or his interpreter ?

Tho Hon. Mr. SHEEHAN : It is tho interpreter. Mr. Mackay has given every assistance in his power to the Government. The Bill was then read a second time. The House resolved itself into committee; Mr O’Rorke in the chair. Sir EGBERT DOUGLAS; During iaatsessiou it was resolved that the Native Lauds Bill should be printed and distributed during tho recess. I asked tho Native Minister whether this has been done, and he informed me that if I gave notice .of my question he would answer it in the usual way. I would ask him now to give menu assurance whether the mil has been printed and circulated during tlio recess. It will save time hereafter, and can possibly do no harm, if the hon. member will now answer my question.The Hon. Mr. SHEEHAN : The hon. member must remember that as a matter of fact but for the urgency of this Bill the House would not have allowed mo to go on with it. I think it is a proper thing for him to give notice of his question, or raise it in tlio debate on the address, I may say at once that this application to be allowed to appear by counsel comes from natives who are now before tho Court. Under the Act of 1873 Maoris cannot appear by counsel ; and when judgments are given for tlio Crown I am told tlio natives complain that we appear hy’oounsol and they have to speak by themselves. I shall bo most willing to give the hon. .member the necessary information at tho proper time, 1 but I don’t think he should now introduce matter which is foreign to tho Bill now before the committee.

The first clause of the Bill was then passed as printed. The second clause was, on tho motion of the Hon. Mr. Shekhar, amended by tlio insertion of the words “ who may hereafter bp" after tho word “persona” ip the fourth lino. On clause 3 being put, -

Tho Hon Mr. SHEEHAN moved,—That tho words, “and the said Coqrt or Judge may also refuse to allow such appearance by counsel when it or he shall think fit,” be struck out. (Hear, hear.) Tho whole question, ns would bo seen from his Excellency’s speech, would coma before the House in a few days, and this Bill would bo incorporated in the one then brought down by tho Government, Tho Hou. Mi*. WJUTAKEII pointed out that there seemed to him to be an inconsistency

between clauses 1 and 3of tVio Bill. And Lie should also like fco know whether “ counsel ” meant barristers of the Supreme Court. Most of the work was done by agents, and lie would therefore suggest that the words “ or agents ” bo inserted after the word “ counsel/' . The Hon. Mr. SHEEHAN failed to see any inconsistency between tho. first and third clauses of the Bill. He wou|d have no objection to the insertion of the words “ or agents.” It was true that agents only had been the persons doing business for the natives in the Court. . *. • . -.

The Hon, MrJ STOUT objected- to tho words “or agents” being inserted. The effect of the ameuduient would be to raise up a class of mou over whom the Supreme Court would have no jurisdiction. The question of agents could not apply to the cases now pending. . ~ Mr. BARTON inquired if there was any particular urgency-for passing, tho last clause of tho Bill, and whether it was intended to employ counsel between this date and the date when the other Bill would be introduced by the Government ? If there was no urgency for the passing of clause 3, he would suggest whether it would not be as well to leave it out altogether, and postpone raisiug the question of agents until the Native Laud Bill came oh *€or discussion? The principle of allowing agents to appear could then be debated. If it were tho object to employ-counsel between this date and tho date of tho introduction of tho permanent measure, then the clause might be retained ; but if not, perhaps there would be no objection to leave it put altogether until tho discussion on the main question should come on. Then this question of the rights of agents as against tho Bar of the colony could be opened up. JFor this reason he would ask the bon. member to strikeout clause 3.

The Hon. Mr. SHEEHAN explained tli£\t tho clause was introduced for a special purpose. The House had frequently heard of the natives complaining of not being allowed to appear by counsel the same as the ,Government, and they had asked him to remove the Judge, dismiss the interpreter, and to do all sorts of things. This clause would have the effect of placing the natives on the same footing as the Crown. It was not fair play that it should be otherwise. This was an urgent and, special ‘reason for passing the Bill, with- the last clause inserted in it. Tho whole thing could be discussed when the Native Laud Bill was brought in. Mr. BARTON asked Mr. Whitaker not to press his amendment for the insertion of the words “or agents.” They could appear under the present Act. , . Mr. WHITAKER: There is an express prohibition in the Act of 1573 against agents appearing. The motion for the insertion of the words “ or agents” was agreed to. The last sentence of the clause was struck out in accordance with the motion of the Hon. Mr. Sheehan. The clause was passed as amended. Tho BUI -was reported to tho Houso with amendments, read a third time, and passed. The Hon. Mr, SHEEHAN said the Bill would bo at onco sent up to tho Legislative Council, and he would therefore' move ari adjournment of the House for half an hour. The SPEAKER said ho would resume the chair iu half an hour. MESSAGE. On the Houso re-assembling, a message was received from the Legislative Council stating that the Council had passed the Native Land Act Amendment Bill without amendments, ADJOUBN3fBNT. On the motion of the Hon. Mr. Sheehan, the House adjourned until 7.30 p.m. on Tuesday next. ' •