PARLIAMENT.

New Zealand Times, Volume XXXIII, Issue 5474, 12 October 1878, Page 2

PARLIAMENT.

LEGISLATIVE COUNCIL. Friday, October 11. The Hon. the Acting-Speaker took the chair at 2.30 p.m. THE FENCING BILL. Before proceeding to the orders of the day the Hon. Mr. Waterhouse desired to ask the Colonial Secretary what were the intentions of Government with regard to the Fencing Bill? The Hon. Colonel WHITMORE said he had reason to believe, from the best sources of information, that the measure bad no chance of being passed in another place. Under the circumstances he did not like to press it on the attention of hou. gentlemen. However, if the Council desired, lie had no objection to send the Bill on in ordinary course, INSPECTORS OF SLAUGHTERHOUSES. The Hou. Mr. HALL moved,—That it is desirable that inspectors of slaughterhouses appointed under the provisions of the Slaughterhouses Act, 1877, should be recognised as public officers in the conduct of prosecutions under that Act.—After an explanation from the Colonial Secretary Mr. Hall withdrew his motion. . NEW BILL. The Malvern Water-race Bill was introduced by Mr. Hall, and read a first time. LEAVE OP ABSENCE. Leave of absence was granted to the Hon. Mr. Bouar, on his own motion, for the remainder of the session ; and the Hon. Captain Fraser gave notice that he would on Monday ask for a similar indulgence. THIRD READINGS. The following measures were read a third time :—Ortnoud Military Grants, Incorporation of Campbelltown, Otago University, and the Christchurch Racecourse Res erve Bill. ,■ ELLESMERE AND FORSYTH RECLAMATION. Adjourned debate upon the question,—That this Council doth concur in the report of the Waste Lands Committee on the subject of the Lake Eilesfmere and Forsyth Reclamation and Akaroa Railway Trust Bill ; —and the amendment of the Hon. Mr. Waterhouse, to leave out all the words after “That,” with a view to add the words, “ seeing the unreliable character of the estimates upon which the construction of the Ellesmere and Akaroa Harbor railway are based, it is not desirable to proceed further with the Bill until plans and estimates have been prepared under the responsibility of the Government.”—'The original motion was agreed to, SECOND READINGS. The following local measures were read a second- time Invercargill Waterworks Loan Bill, Oatnaru Athemeum and Mechanics’ Institute Bill, Taranaki County Council Loan Bill, Wairoa Harbor Board Bill, Timaru Harbor Board Endowment Bill, Riverton Harbor Board Endowment and Borrowing Bill.

LAND TAX BILL. In moving the second reading of the Land Tax Bill, Colonel Whitmore spoke of the effect of railways on suburban lauds, which were rather lowered in value than raised by railways, because they enabled the towns to go farther afield for their requirements. The cost of the railways to 30th June was £6,843,000, on which the interest was £300,000. It was calculated that there would be a deficit on the railway account of £IOO,OOO, and this it was proposed to make up by this tax. He spoke of the changes which had been contemplated in the tariff. Land stood on a different position from any other property, inasmuch as under the Public Works Act of IS7I the land was the source from which the railway revenue was to be made'up if deficient. (Sir D. Bell : That is not law now). The general features of the policy of the Government were confined to striking off about a quarter from necessaries, and the imposition of a larger sum on property. Beginning with a capital value of £30,000,000,“ the Government had brought in the present .Bill; auder which they proposed certain exemptions. The hon. gentleman/then went on to explain these, as has been already done in the other Chamber, and the views of the Government on the question of improvements. As instancing that there was some reason in what had been said about tbo unearned increment, he pointed to the fact that allotments of laud in Wellington had been sold for £5 which were now worth thousands ; and in Dunedin laud sold originally for a trifle was now worth £40,000. The chief principles were that all lands should be taxed, that improvements should bo exempted, and that there should be a fixed amount, below which should be exempted. He calculated the loss on collection, averaging the next three years, at 10 per cent. He believed members of that Council would as freely as any portion of the community bear the burden of taxation. (Hear, hear.) There were some provisions which ho looked at with doubt, as to ascertaining improvements and so on. However, within reasonable limits, ho thought a fair estimate of the improvements might be made. ’ This land tax was a crucial test as regards the Council, and gave them an opportunity of showing that they were willing that property should bear a fair share of taxation. He deeply regretted that he should not have the opportunity of introducing any more taxing Bills, as the Government were desirous of showing that they were not a party to any vindictive legislation, but desired that all classes should bear a fair share of taxation.

Tho Hon. Mr. BONAU thought the tax a fair and equitable contribution to the revenue. There were serious objections to the collection. Ho instanced lands in his district which were let at Jd. an acre; tho effect of tho tax would be to double the rental. This was a great injustice. He trusted steps would be taken to alter this; Ho anticipated that during the coming year not nearly so much would be raised' by laud sales as in last year. Speaking of the exemptions under £joo, he thought there was no necessity whatever for GRACE, had IHtle to say about the tax further than that he totally disagreed with tho principle. All taxation of land should go tor the improvement of thei district in which it was imposed. He thought the introduction of foreign capital should be encouraged in every way. The tax was a concession to°an ignorant desire for the imposition of a tax on land. Ho however doubted the advisability of opposing that desire j—to do so would bo to give strength to it. Ho disapproved of tho exemptions under £3OO. The tax was imposed to please what he could not help calling tho ignorant public opinion of the day. After some further remarks, the hon. gentleman sat down amid cheers. At the evening sitting the Hon. Mr. Waxekhocse moved the adjournment of the

debate, which was opposed by the Hon. Mr. Reynolds, and supported by Sic D. Bell and Mr. George Buckley,—The Hon. Colonel Whitmore deprecated the adjournment.—A division was taken—For the adjournment, 13; against,'9.—The debate was therefore adjourned to Monday, to be the first order of the day. MUNICIPAL CORPORATIONS BILL (NO, 2.) This Bill was read a third time, and passed. PARNELL RESERVE BILL. This measure was read a second time on the motion of the Hon. Mr. Wilson. WYNDHAM CEMETERY BILL. On the motion for the third reading the Hon. Mr. Waterhouse moved the recommittal of the Bill, with the view to strike out the 4th, sth, and 6fch clauses, in accordance with the recommendation of the Local Bills Committee.—This was done on a division of 91 to 5, and the clauses struck out. IN COMMITTEE. The Invercargill Waterworks Loan BUI, the Oamaru Athenamm Bill, the Parnell Reserve Bill, the Taranaki County Council Loan Bill, the Nelson Harbor Board Bill, the Patea Harbor Board Endowment Bill, the Milford Harbor Board Bill, and the Mount Ida Water-race Trust Bill passed through and were reported, and the third readings fixed for Tuesday, with the exception of the Oamaru Athemeura Bill, which was read a third time and passed. The Council rose at 9.45 p.m.

v‘HOUSE OF REPRESENTATIVES.

Friday, October 11. The Speaker took the chair at 2.30 p.m. PETITIONS. Petitions were presented by Messrs, Morris and George. NOTICES Ob" MOTION. Notices of motion were given -by Messrs. Curtis, Russell, Morris, Felwick, Hodgkinson, Reeves, and Henry. REPORTS. Mr. CURTIS brought up a report from the Waste Lands Committee, which was read and ordered to be printed, together with the evidence. • Six other reports from the same committee were ordered to lie on the table. Mr. DE LAUTOUR brought up a report from the Goldfields Committee, which was read and ordered to be printed. CHARITABLE PURPOSES. Mr. CARRINGTON asked the Minister of Lands, —What action the Government purpose taking in reference to the motion which was carried on Wednesday last* whereby this House declares that it is expedient that the Government should make reserves of waste lauds of the Crown in every district throughout the colony for hospitals and other charit- ■ able purposes ? He had been induced to put this question on the paper in order to ascertain from the Government in what way they regarded the resolution in question. If for hospitals, lunatic asylums, and infirmaries, then the matter would have his earnest support; * but if it included vagrants, loafers, and idlers, and made them State paupers, he should give it his most determined opposition. The Hon. Mr. STOUT replied that the House having passed the resolution, the Government would consider it. The House would also have an opportunity of considering it, because there were three Bills on the paper asking that practical effect should be given to * the resolution in question. ENGINES AND ROLLING STOCK, Mr. FELDWICK asked the Minister for Public Works, —(1.) What are the reasons that have induced the Government to order engines and rolling stock from the United States, in preference to- procuring them from Great Britain? (2.) On whose recommendation such a departure from ordinary practice was made ? The Hon. Mr. MAC ANDREW said he would reply to the second question first. Mr. Carruthers 1 report, that it was advisable to import two engines from America, was adopted by the then Minister for Public Works, and these two had given so much satisfaction that several other engines had since been ordered. The reasons for ordering them from America were that the engines were found to bo more suitable for the colony than those that could be procured in Great Britain. (Hear, hear.) RANGITATA BRIDGE. Mr. WAKEFIELD asked the Government, —Whether they have yet received sufficient information to enable them to decide by whom the Raagitata traffic bridge is to be repaired ; and whether they will, without delay, proceed with the necessary repairs, or authorise the local bodies concerned to do so ? The Hon. Mr. MAOANDREW replied this bridge was under the control of the Ashburton Comity Council, and the Government had no objection to its being immediately repaired by that body. The Government was not responsible for it.

WILLIAM PEATTIE. Mr. SHRIMSKI asked the Government,— What action they intend taking respecting the petition of William Peattie, reported upon by the Public Petitions Committee ? The Hon. Mr. MACANDREW said the matter would be taken into consideration, but he was not prepared to say what course would be adopted. ENDOWMENT BILLS. The question was put for the House resolving itself into committee to consider of leave being given to introduce the following Bills: The Tuapeka Hospital .Endowment Bill (Mr. J. C. Brown), the Invercargill Hospital Endowment BUI (Sir. Peldwick}, and the Southland Benevolent Institution Endowment Bill (Mr. Feldwick). Several members objected to this scrambling for endowments, characterising these Bills as very much resembling the scramble that was made for harbor endowments. The Hon. Mr. SHEEHAN intimated that when these Bills came before the House he would most strenuously oppose them. Mr. ORMOND expressed a hope that the Government would save the time of the House and the country, and say at once what they intended to do with respect to the resolution carried by the hon. member for Kaiapoi on Wednesday last. L The Hon. Mr. STOUT said the House had passed a resolution in general terms, against the protest of the Government, declaring that it was expedient the Government should make reserves of waste lands of the Crown in every land district throughout the colony, for hospitals and other charitable purposes. The Government could not do so without legislative authority, and these Bills would confer that power. These Bills meant simply a carrying out of the resolution of the House to a logical and true conclusion. Air. J. E. BROWN hoped the Government would take a stand, and decline to give their assent to these Bills. The honest and straightforward course for the Government to pursue was to bring iu a general measure giving them full power to carry out the already expressed opinion of the House. If these Bills we/e allowed to bo brought in, every hon. member would come down with a Bill, and they would have the harbor scramble over again. Air. MURRAY hoped the House would go into committee on these Bills, and that then the Government, as leaders of that House, would bring in a general measure to give effect to the motion of the hon. member for Kaiapoi. (Hear, hear.) The Hon. Alai’or ATKINSON said it was a true saying that none were so blind as those who would not see. This seemed to be the state of the Hon. the Attorney-General whenever any decision was come to with which that gentleman did not agree. The House bad now before it the spectacle of one member of the Government expressing one opinion and another member of the Government an opinion directly the opposite. He hoped the Premier would state what the Government proposed to do, and whether they intended to take a decided stand in this matter. If the Government thought that therealfeelingof the House had not been ascertained in this matter, let them test the question again by saying to the House, “ Do you really mean that we should give effect to this resolution?” He believed that upon further consideration the House would rc-assert the decision it had already come it. Ho thought the Government should take a positive stand’ on this matter, and refuse to support these Bills, which would only lead to a general and unseemly scramble, and a waste of public time. Air. REES would vote against these Bills, because if the House allowed them to be introduced the Hou-e would bo flooded with measures of a similar kind, and the colony could not afford to have so much of its estate tied up for these purposes. Air. JOYCE did not believe in the system of endowments. It was not conducive to a healthy state of thiugs to have these reserves to fall back upon. He should vote against thp Bills. ‘ Air. SAUNDERS expressed a hope that the Government would not allow any hon. member to run in a race before all other members, and obtain endowments lor particular hospitals. Air. WAKEFIELD said the passing of the resolution of the hon. member for Kaiapoi expressed the opinion of the Houso that reserves for these purposes should be made on a general principle. The introduction of separate Bills of this kind would have a most demoralising effect oh that House, and he thought the Government should bring in a general measure to give practical effect to the resolution: of the

hon, member for Kaiapoi. If the Government: refused to do their duty in this matter, bo should assist ©Very hon. member who endeavoured piecemeal to do the work that properly belonged to the Government. (Hear, hear.) Mr. McLEAN pointed out that under the 144th clause of the Land Act, 1877, xeservea could be set aside temporarily for these purposes until they were affirmed by the House. After some further discussion, Sir GEORGE GREY said the Government would do its utmost in the way of making provision for purposes stick as these, but he could not plelge tho Government to carry out the resolution of the hon. member for Kaiapoi in its precise form. He had his doubts whether endowments were desirable if they were to be made on such a general scale. This was a subject of the most vital importance, and ho was surprised that it *was dealt with after so short a debate oa Wednesday. He would not pledge the Government to carry out the resolution of the hon, member for Kaiapoi. This tho Government would do : During the recess the Government would do their utmost to prepare a measure for dealing with hospitals and charitable institutions in a national point of view—a measure which would not he a disgrace to the House or the people of New Zealand, but a measure that would stand out as a monument that wo did our duty in our own time, aud that those who came after us should also do their duty to their fellow-men. Mr. WASON hoped the House would not allow its privileges to be interfered with by tbe Government, as the Premier had stated the Government would notecarry out a resolution arrived at by tho House, Let tho Government briug down a counter-motion to upset that of the hon. member for Kaiapoi, if they thought they could carry it. He begged to move the previous question. The previous, question was, after some further discussion, carried by *lO to 21. For tho previous question, 40:—Atkinson, Balgcnt, Beetham, Bowen, Brown J. K. (Ashley), Curtis, Cntten. Douglas, George, Gibbs, Gisborne, Green, Ifoclgkinson, Hursthouso, Johnston, Joyce, Kelly, Kenny, Macfarlane, McLean, McMinn, Montgomery, Morris, Murray-Ayusley, Oliver, Ormond, O’Korkc, Richardson, Kollealon, Rowe, Russell, Saunders, Sharp, Stevens, Teschemaker, Turnbull, Wakefield, Wason, Williams. Woolcock. Against. 21Ballauce, Barff, Carton. Bastings, Brown, J. C. (Tuapeka), Carrington, DoLantour, IMgnan, Feldwlck, Fisher, Hobbs, Minders, Murray, None, Rees, Seaton, Stout, Swanson, Xakamoana, Tolo, Wood, Mr. KOLLESTON moved the previous question with regard to the second Bill. Previous question carried by 38 to 14. The House then adjourned till 7.30 p.m. JURIES ACT. Tho House went into committee oa this Bill. ' Mr. SHARP drew attention to tho unfair operation of the Jury Act as at present administered. A great defect was this, that the same persons were called upon to serve on tbe juries sitting after sitting, and thus the intention of the Act was defeated. It was intended that if a person served at the January sittings he should not be called upon to sit again during the remainder of the year. The Hon. Mr. •STOUT admitted that the Act did opsrate unfairly, but he did not see how it could be remedied. If the lion, member could suggest a mode he should bo glad. Mr. SHARP could nob do it on the spur of tbe moment, but would be happy to meet the Attorney-General to see if something could not be done. The Hon. Mr. STOUT would propose tho third reading-of the Bill. Mr. WOOD raised a question as to special jurors, and thought the Government ought to give it attention. Tho Hon. Mr. STOUT said had the Government nob considered it they would nob have introduced a Bill. This Bill was drawn specially to meet an evil which afc present existed, namely, to provide that the jury panel should be so large that jurors’ names would not be known, and canvassing rendered impossible. # Mr. STEVENS did not see why a special juror should get £1 a day, when the petit juror gob but 10s. The one could afford.to do it for 10s. as well as the other, Mr. MACFARLANE thought business men had a claim for a larger amount than the petit juror class. Mr, STOUT thought matters had better remain as they were. Mr. SWANSON thought it was unfair that oue class of witnesses should receive more than another. A discussion arose on the proposal to exempt bank managers from service on juries, and the clause exempting them was struck out by 27 to 26. ’ A new’ clause was proposed, to do away with the exemption of grand and special jurors from serving on the. petit jury.—Agreed to. Mr. REES proposed a new clause, to disallow special jurors in civil cases unless both sides agreed to it. Tho object of that was to place defendants and plaintiffs in the same position. The danse was withdrawn in favor of one drafted by the Attorney-General, providing that neither plaintiff nor defendant should be allowed to have a special jury unless the permission of the Judge was obtained.— Agreed to. Tbe Bill was reported with amendments. SPECIAL POWERS ANX> COOT3ACT BILL. This Bill was considered in committee. A new clause was proposed by the Hon.” Mr. Stout as follows: To enable the Governor to sell to John Broomhail, Bsq.. la ‘ pursuance of an agreement made with the Auckland Land Board, so much of the land in the Aroha block as has been acquired from the natives, or has been awarded to the Grown by the Native Land, Court. Grant to be subject to such reserves as may be found to be necessary for native or other purposes, as defined by the Governor. Also, to be subject to the provisions of “ The Crown Grants Act, 1800,” and Acts amending the same. Tbe Governor to have the power to reserve in the grant the right of taking all necessary roads not exceeding 100 links wide. The provisions of the 2Dth section of ** The Waste Lands Administration Act, 1870,” are to remain in full force with respect to the terms, conditions, and price at which the land so selected may be sold. Mr. ROWE hoped the committee would not agree to this clause. It was quite improper for the« Waste Lands Board and the Government to sell to a speculator the land which tbe Thames people wanted and were willing to pay more money for than Mr, Broomhali was to pay. Mr. MURRAY thought as the land was not acquired from the natives when it was sold the bargain was illegal, and should not be carried out.

The Hoa. Mr. STOUT said when the Bill of last session authorising the sale was passed there was not a woid of opposition from Mr. Murray or Mr. Rowe. The only reason that they now opposed this was that the one wished to please his constituents and the other bad acquired a large estate iu the neighborhood. The colony had entered into a solemn bargain with Mr. Broomhall, and although it might not have been a good bargain in the first instance, yet the colony was bound in honor to carry out its engagement. To say that the land was nob in the possession of the Government at the time it was sold was a mere quibble, and the colony could never honorably go back from its bargain on that ground. The only ground on which it could bo upset was the non-fulfilment of Mr, Broomhall's part of the agreement. Sir GEORGE GREY could not at all agree with the Attorney-General, and should oppose the clause to the utmost. Ho denied that the colony was in any way bound to carry out the bargain, because there could be no doubt whatever that the law never authorised the Government or the Waste Lands Board, or' any other body, to sell land which had not been acquired by the Crown. The Waste Lands Board only had power to sell Crown land", not lands which were not the property of the Crown, and their *■* action bad intensified his dislike to the system of nominated Waste Lands Boards. The point to be considered was, were the people of the Thames, who had been waiting for some years to get this land, to be absolutely disappointed. A greater injustice could notbo perpetrated,and he should give it his most strenuous opposition. If Mr. Broomhall might be injured, let him be compensated. He did not desire to see injustice done to anyone, but nothing could be more cruel than when persons had been for years waiting for land that the land should bo given to persons on the other side of the world, in order that they might make a profit out of it. He entirely disagreed with the AttorneyGeneral, and hoped that the clause would not bo passed, but that if any wrong was done to Mr. Broomhall he should bo compensated. Mr. PYKE considered the Bill from beginning to end was a succession of swindles, and after discussing the matter at some length said he should follow the Premier, as evidently tho Attorney-General knew nothing at all about it. X)r, HODGKINSON would support the carrying out of tho bargain mode, especially as ho understood there were to bo brought out Immigrants, Mr, MURRAY-AYNSLEY felt puzzled In consequence of the split in the Govern* ment as to what way to vote, but os it was a matter of law he should follow the AttorneyGeneral. Really the Government should settle these matters iu Cabinet, Mr. REES thought tho bargain illegal, and urged that it should bo repudiated. On the face of it, it was a fraud upon the people of tho Thames. The Hon. Mr. STOUT denied that it was accessary that on a matter o£ this sort the

Government should be unanimous. It was not to be expected that gentlemen joining a Ministry would drop all their private opinions, but bo long as they were agreed on questions of policy that was sufficient. Tins was not a question of policy, but merely a question as to the carrying out of a bargain. Ho wished to put the matter from his own point of view, which was that he believed the ratification of this contract, even assuming it might injure the Thames district (he did not say it would do so), must be made. Under tho Waste Lands Administration Act of 1876 the Governor or the Board was give > power to outer into a contract for the sale to Mr. Broomhali of certain lands so long as he did not pay a less price than what other waste lands brought. When the question was before the House, and that clause was passed, it was well known that Mr. Broomhali was going to take this land. That was thoroughly understood; hut supposing it was not, this block was under negotiation between the Government and the natives, and the Crown before it completed its title was bargaining with Mr. Broomhali for the purchase. It agreed to sell the land to him, and yet now, when the title was complete, it was sought to repudiate the bargain made. Such cases were occurring all over the colony nvery day in connection with private individuals, and in the Courts such repudiations were never allowed. He hoped the House would not take up so unfair a position. The Hon. Major ATKINSON quite disagreed that it was unreasonable to expect the Government to bo united on a quo tion of this sort—a question of public morality—especially after it had been decided in Cabinet that it was iv proper subject for a Government Bill, The Hon. Mr. STOUT : I am now moving an amendment. It is not the Bill. The Hon. Major ATKINSON : Not as Attorney-General ? We should get into all sorts of difficulties if such fine distinctions as that were to be drawn. Ho did not intend to go into that question now, beyond entering his protest against the doctrine of the AttorneyGeneral. Thero could bo no question that it was thoroughly understood wheu tho Act of 1876 was passed that this was the land which Mr. Broomhali was in treaty for. Sir G. GREY ; No. The Hon. Major ATKINSON was sure of it, even if tho hon. gentleman himself did nob so understand, because the Auckland members were spoken to on the subject. He considered that the bargain must be carried out, whatever harm it might do to the Thames. He would be exceedingly sorry if it did harm, and if it was felt that it would, then it would be well for the Agent-General to be instructed to get back from Hr. Broomhali as much land as possible. It was said that Mr. Broomhali was not desirous of carrying out his bargain, but that he would sell if possible. No doubt he would be as glad to take our money as anyone else’s. However, the agreement must be carried out, whatever the cost, but at the same time the Government should keep Mr. Broomhali strictly to his bargain. Mr. WHITAKER believed Sir George Grey was right and that Major Atkinson was wroncr, so far as the'House’s knowledge of what land Mr. Broomhali wanted was concerned. The fact was that Mr. Broomhali himself had not seen the land when the clause referred to in tbe Act of 1876 was passed. Nothing could be more disastrous, however, than to repudiate the bargain, even supposing such to be tho case. People in England would seize upon the point of repudiation, and it would bo almost impossible to explain that the circumstances justified it. He believed the land would bo of great value to the Thames people, but he must deny that the Thames people had a special right to it any more than tho other people of the colony. * Mr. GISBORNE considered It a matter of good faith, and hoped the colony would not have its name tarnished by an attempt to get out of a bargain on a quibble.

Mr. MONTGOMERY said that without further information, and in view of the diametrically opposite views of the Attorney-General and tho Premier of the colony, it was impossible that the House could come to an intelligent conclusion. He suggested a postponement of the clause till all papers were placed before the House. The Hou. Mr. STOUT observed that it wa? not a question as to the terms of the contract, but it was whether the House would confirm the contract or not. That was the question, and the'House had no right to enquire into the terms of the contract at all. However, he had sent for the papers, and if the usual half-hour’s adjournment were then (quarter past ten) taken, the papers could bs got in the interval. Mr. MOSS differed entirely from the At-torney-General because the House was really asked to take a step which would absolutely bind the colony. As an Auckland member he did not thoroughly understand the question, and he believed few iu the Honse understood it; but he knew that a great mistake had been made. It must be remembered that Mr. Broomball did not come out to the colony as a business man, but as a great philanthropist ; at any rate that was the position in which Mr. Broomball stood before the public of Auckland, to whom he was introduced as a great good man, who had come out to benefit the struggling total abstainers in England, who were anxious to get land of their own. That was the impres-ion left on his (Mr. Moss’s) mind by reading that gentleman’s speeches : yet he had noticed that he had a good eye for land, as he rejected several blocks, but picked upon some which were no doubt the best land in Auckland. He thought it was an extraordinary thing that the Attorney-General should wish to pass this clause before the House knew in what position the matter at present stood. Let them ascertain in what position matters stood, and then decide on grounds of public policy whether they could not claim the right to] repossess the land, but do not let them pass this clause, and give Mr, Broomball stronger rights. The House here adjourned for refreshments. On.resuming, Mr. STOUT intimated he should withdraw the clause till Monday, by which time the papers would be on the table. Mr. J. E. BROWN believed the contract was absolutely made, but that it should in the interest of settlement be rescinded. The Hon. Mr. SHEEHAN related the circumstances anterior to the contract with Mr. Broomball, which he declared illegal ; at the same time he admitted it was a serious thing to depart from a contract which would prejudice the colony at Home. Still, if the Government were to act in good faith so must the other side, and they had not shown any intention to carry out the conditions of the contract. Two years had elapsed, and nothing had been done beyond waiting for tho property to improve in value. He advocated that instead of this clause being postponed it should be struck out, and the matter dealt with by'special Bill, which would provide that if on enquiry it was found that Mr. Broomhall had been acting in a bona fide manner then the contract should be carried out; but if it was found he had been playing a waiting game, then he should be returned his money, with interest, and the land taken back. He ‘might add that the land now actually belonged to the Crown, and the contract could be completed in a week if necessary.

The clause was then postponed. Progress was reported, and leave to sit again on Monday obtained. THAMES HARBOR BOARD BILL. This Bill was passed through all its stages. NATIVE LAWSUITS BILL. The Hon. Mr. STOUT moved that the House go into committee on this Bill. Mr. O RMO XJ) regretted that recent negotiations had resulted in failure. Ho explained that Mr. Whitaker on one side and Mr. Eees on the other side had agreed that four gentlemen—Messrs. Stout, Swanson, Hesketh, and Whitaker—should be appointed a committee to select three persons who should try the cases, and the only question at issue was as to whether the Court of Appeal should be the Hew Zealand Court of Appeal or the Privy Council : the one party choosing one and the other party the other. All other points were conceded. But the Government had, it was said decided not to fall in .with the arrangement, but would press the Bill. He and others under those circumstances could not accept the Bill, which was extraordinary in that it took the matter out of the hands of the Supremo Court; in that the tribunal would be approved of by the Government (two members of whom, Mr. Sheehan and Mr. Stout were now or had been connected with those cases on tho part of the natives); and in that it dealt with two millions of money. It must also bo remembered that the hon. member for Auckland City East (Mr. Eees) was in intimate connection with the Government. He should therefore oppose tho Bill to tho utmost, and hoped to hear what tho intentions of the Government were. Mr. EEES substantial ed generally what Mr. Ormond had related, and said ho believed the Government would yield everything except tho privilege of appointing tho judges. The Attorney-General thought if tho Government were not fit to appoint these judges they wore not fit to appoint »ny judges, and if they ah.

dicated this function, then they were not the proper persons to be in office. Tho Native Minister, although very anxious to get the matter settled, after due consideration took the same view, that whatever interests were involved tho Government could not depart from their duty. The Premier declined to discuss the matter except in the House. He spoke at great length in respect to the importance of having the matter settled, and said he believed if this Bill were not passed public opinion would become so strong that a more adverse Bill fo the Europeans would be passed. He hoped the point would-be yielded, because no Government would dare to appoint other than tbe best im-u to decide these great qvu-.-tious. The Hon. Mr. GISBORNE pointed out that this Bill proposed to give Judges authority in matters of fact aud law. Surely the litigants should have the knowledge of who the jury was to be. Perhaps the difficulty might be solved by naming the Judges in the Bill. Mr. ORMOND had desired that, but understood it was not entertained favorably, and then the committee was suggested. Mr, MONTGOMERY thought the appointment by other persons than tho Government was out of the question. Nothing could be more injurious to the interests of justice. The Government was responsible, and this was oue of their highest functions. At the same time, if a jury could settle tho matter’tben it should bo done, but if nob, then the question arose how wore to be appointed. The appointment o! the Judges must rest with theGovernment. Captain RUSSELL said the responsibility thrown upon himself and the hon. member for Clive was enormous when they were called upon to consent or to disagree with the proposal, more especially as owing to the fact of the non-distribution of the Bill in the district affected • they had to evolve from their inner consciousness what were the wishes and aspirations of the people they represented. In reply to Mr. Montgomery, he pointed out that Mr. Justice Richmond was appointed a commissioner by the House to deal with these matters. It could not but be borne in mind that every member of the Ministry had condemned every transaction in land in Hawke’s Bay as unfair. Sir GEORGE GRE Y had not done so. He believed many were fair, hub that some were fraudulent. Captain RUSSELL said the fact could not be denied that it was frequently stated that Ministers had got their seals because of their condemnation of tbe land,transactions of the late Government, and under those circumstances there was such strong suspicion of bias on the part of the Ministry that no one could have confidence in the appointments of the Ministry. He pointed out that when last ybar he attempted to get a commission appointed to go into thesj cases Sir George Grey protested against the closing of the courts of law. He , expressed himself as anxious for a settlement, but was so dissatisfied with the proposal of the Government that he moved the discharge of | the order for the committal of the Bill. The Hon. Mr. STOUT said he would not ■ consent to the Judge or Judges being appointed by anyone outside the Government. , He was quite williug that if either party desired, a jury should be appointed. Ho was willing to allow the Court to make its own rule s , to make the lands of the natives liable to costs, and to make this Court a final Court for all claims, but the Government could not give up their prerogative to appoint the Judges. He declared that iu tho past professional duties had not interfered with hia political opinions, and neither would he do so in the future. Those who thought otherwise must have extraordinary ideas of an AttorneyGeneral’s mind, and might almost as well associate a lawyer with crime because he had defended criminals. Mr. McLEAN would bo quite willing to give the Government the p'owor to appoint any one of the present Supreme Court Judges, and let them fill up the vacancy by some other appointment. The fact of Mr. Sheehan’s long connection with the litigation of the natives could not be forgotten. Major ATKINSON algo expressed a great desire to see the matter settled, but thought it rather the function of the House than that of the Government to appoint this extraordinary tribunal to settle a dispute which was of national importance: therefore the arguments of the Attorney-General were beside the case. He was surprised that the Government should not desire to get oxrt of the appointment, seeing the well-known opinions of the Premier, and the connection of the Native Minister with the cases. It was a pity the Government did not take the House into their confidence and submit the name of the Judge to the House, so as to prevent any after-talk. He was opposed to the cases being sent to a jury, and hoped they would be decided on the principles of equity and good conscience. Mr. MACFARLANE took a similar view, and said he would nob mind if tbe AttorneyGeneral himself would take upon himself the responsibility of appointing a judge, but the Governor-in-Council was a sort of irresponsible body. Mr. MOSS suggested that if appointments were made the Judges would not be able to get to work before the House met next year, thus there would be an opportunity of reviewing any appointment. Mr. BOWEN desired that the debate should bo adjourned, in the hope that some arrangement might be come to before next week. He moved accordingly. Mr. TURNBULL had gathered from the Attorney-General the other night that gentlemen out of the colony were to be appointed. If that were so, it was impossible to name them in the Bill to-day or to-morrow, because they must first be communicated with, aud their answers obtained. A division was taken on the question of the adjournment. The ayes were 11, tbe noes 18. Motion for adjournment of the debate last. The House then divided on Captain Russell’s amendment to read the Bill that day six months, which was rejected by 22 to 10. The Bill was then committed. Clause I—Short title.—Agreed to. Progress was reported, aud the House rose at 1.40.