EVENING SITTING.

Southland Times, Volume 3, Issue 101, 14 October 1863, Page 3

EVENING SITTING.

Mr M'Nab took the Chair at half-past 6 o'clock. CENSURE ON MR SFEAR.ER. Mr Tarlton moved — "That the office of the Provincial CouncUof Southland is hereby declared to be vacant, and that this Council, at its next meeting, as its first business, proceed to the election of another Speaker to the vacant Chair." In support of the motion, he said that the standing rules and orders of the House were their guides, and if these were insufficient for any particular matter before them, the usages and customs of the House of ;f Commons, when rightly interpreted, ghojUd be followed. According to that, if a *

gentleman had been elected Speaker to the; House, and without application absenterlhim • self from his place, and who sent no notice that he was about to do so, or statad any kind of reason for that absence, acted in such a manner «s appeared to him (Mr Tarltori^.iride'corous to the House, and an opinion should be expressed on the subject. He (Mr Tarlton) now f bund tftat there was no provision made id the usages of the House of Commons for, the Speaker running away from his duties. It was taken for granted that any gentleman appointed to such an office would always act with the utniost courtesy towards the House, and therefore no provision was made for such a dilemna. The usage of the House of- Commons up to 1853, was 'this— that whenever :Mr Speaker absented himself from illness — he was never absent from any other reason— the Cleric announced^when the House assembled that Mr Speaker was absent • and the House adjourned. The propriety of this was often called in question, yet; if . the Speaker were ill :or a few days, the House declared his office vacant, and proceeded to 1 elect another. There had been no Deputy Speaker till 1853, when that officer was elected with the usual formalities. But in that year it was thought desirable to make an alteration, and the following law was made : Whenever the House t as informed of the unavoidable absence of Mr Speaker, the Chairman of the Committee on Ways and Means, took the Chair for that day only, and in tire ■ event of Mr Speaker's absence for more than one day, the Chairman of Way's and Means in like manner took the chair on any subsequent day. Thrs was an imperfect and incomplete arrangement, and something like the following was passed in 1855 : Whenever the House was informed of Mr Speaker's absence, the Chairman of Committee of Ways and Metns performed the duties find exercised the authority of Speatjr in relation to all the duties of the House, as Deputy Speaker, from day to day, till the House should order otherwise. It" that was the usage of the House of Common.*, the conclusion would b<3 inevitable— the Council could just act in the same way — declare the Speaker's office vacant, and proceed to elect another. In the present instance he (Mr Tarlton) was not prepared to say whether they had the power to declare the office vaeanr. He was disposed to think that if that were done, and an election to follow, it might interfere with the validity of their actions. Since giving notice of no ion he had considered tho subject more fully, and was doubtful of how far the Council might proceed in the course indicated. He rather concluded that Mr R. Stuart had acted in this instance without his usual courtesy to the House. He (Mr Tarlton; conclu led by, for the sake of form, moving the resolution. Mr M'Kay seconded the motion. Mr Win Stuart stated that the Constitution Act of New Provinces, declared that in the absence of the Speaker, a member could be elected to-'fi 11 the Chair and sign any documents as presiding member. He thought they could not declare Air Stuart's sent vacant, because that gentleman had not resigned. Instead of proposing any amendment he would ask Mr Tarlton to withdraw his motion. Mr Wilsinhad heard it stated out of d ors 'that the Speaker had sent |a conditional resignation (o the Government. Whether this was true or not, he did not know, but would take an opportunity of putting the question. The Provincial Treasurer would save Mi Wilson the trouble of giving notice of motion. The only communication received by Government from Mr Stuart, was a pithy note addressed to himself ("Mr Chalmers) in which Mr Stuart said that he was going to Engine 1, and if the people were dissatisfied he would send in his resignation. Mr Tarlton was willing to withdraw his motion. The Constitution certainly s lid th:it a member must absent himself two Sessions, before hi* seat can be declared vacant, but he would put it to the House, if any one dra-wins up a Constitution, would ever dream of miking it two Sessions in the case of the. : Speaker? They were dealing with a 1 question which in the Home Country would ' soon be disposed of. Tnere, if the Speaker ' was absent but for a few days, the Hoj.se elected a o her. After same further romarlcs, | Mr Tarlton consented to withdraw his motion. Records of the Council, | Mr Cowan moved "That a Printing Corrmittee be formed, to consist of Mr Tarlion, Mr Wilson, Mr Kodgers, ' and th,") Mover." None of the Records of the Council had been regularly printed, and the proposed committee was to m«!et, put any superfluous matter aside, and arrange the rest for the printer. The Provincial Treasurer seconded the motion, which was agreed -to. LICENSING ORDINANCE. Mr Cow in moved for leave to bring in a Bill, intituled "An Or li nance to amend the Licensing Amendment Ordinance, 1554." The Provincial Treasurer seconded the motion, and leave was grrnted. THE OKETI RAILWAY BILi. i On the motion of the Provincial Treasurer, this Bill was read a first time. .j Mr Cowan moved that the Bill be read a j second tim.2 at to-morrow morning's sitting. | The Pr >vincial Treasurer seconded the motion, which was agreed to. The Provincial Treasurer, before moving the second reading of the Bill, would make a few remarks. In his opinion the Council must strain every nerve during the present summer to establish a communication so as to settle the question whether it was preferable or advantageous to take the quicker route to the Lake district through here or Otago. They had had sad experience of the nature of the roads — if he might so call them — during the last winter, . and the question was whether they should ' make a line north for that traffic alone, or go to the right or left and tike up the contingent traffic. Another point for consideration, was the discovery of a short and practicable route to the West Const from the Wakatip, which must have a serious effect on the interests oi the Province, provided they took any steps to secure the trade during the summer. The Government had decided on the north line, because it was the mest direct, and the best in an 'engineering point of view. In 20 miles, the only rise was about seven and a half feet to a mil \ and there was only one basin or hollow — over tire Makeirewa— the gradient of wli ; .ch -was remarkably easy. The other line by Wallacetown, was considerably longer, would cost about £10,000 more, (By Mr Wilson, " No, no,") and would only take in its course, Wallacetowr, which at present consisted of a public house. He concluded by moving the second reading of the Bill. Mr Cowan seconded the motion. Mr Rodgers objected to the Government plan, because, without reference to any other business except supplying the digging?, it thoroughly ignored another port 20 miles to the -westward of here, and because it ignored the fact, that, by a divergence of a mile and three quarters, they could bring down an existant amount of goods, or traffic which will be existant. Mr M'Kay was of opinion that the Executive had come to conclusions before a proper survey had been made. The Government, which, this year, said the Great North Road should not be by Wallacetown, but a year or two ago, said it could not bo by any I other way. He illustrated his remarks by I frequent reference to a large map of the. pro- ! posed routes, prepared by Mr Heale, and without whic'i any description would be almost unintelligible. Mr Cowan replied. Ho had taken the first Engineer's opinion for granted as correct, and accordingly was in favor of tho WalJacetown route, but now he saw the one proposed by Government was better. Mr Tarlton commenced a lcgthy review of

j the arguments pro and co», by condemning^ •the member who would vote' either Way because his personal interest would be benefited as the route was in a straight line; or curved to reach an existing or proposed township. He concluded by supporting the Government route. Mr 7 Wilson was in favor of a line mid- way between that proposed by Government and the Wallacetown route. In his opinion, such a course was preferable, as the .Country was more suitable for the purpose, material easier got, and at much less expense. The Provincial Treasurer said it was quite true he did support a different line frdmthat proposed, but it was because ' he then Icnew-. no better. He had a different opinion now. - The Bill was then read a second time ; and The House went into Committee, The preamble .and first four clauses Were read and passed seriatim. The fifth clause, as moved by the Provincial Treasurer that it stand part of the Bill, j was as follows : — " It shall be lawful for the said Superintendent, upon such person or persons so giving up his, her, or their interest in the said lands, to take all steps necessary for the construction of a railway, and to construct and maintain such railway between Invercargill and Winton, according to the description and along the line shown on the map or plans deposited in. the office of iho said Superintendent at Invercargill aforesaid." Mr Rogers moved that the words "Wallacetown and thence to " be inserted between the word " and " and "Winton." The Provincial Treasurer before taking a vofc •, would have evidence on the subject and called upon Mr Iloale, Chief Surveyor, who was examined at length. He unhesitatingly staked his reputation on the merits of the line proposed by government, over any other. Mr J. F. Ddtida«, who was next examined, supported the Statements of Mr Heale. Several members gave their opinions on the subject, and Mr William Stunrt moved that the word "not" be inserted between the words " be ' and •• inserted " of the amendment. After some further discussion a division took place on Mr Stuart's amendment with the following result— Ayes--Messrs Beuvan, Stu.ir 1 , Cowan, M'Nab, and the Provincial Treasurer : 5. Noes — Messrs Wilson, Scott, Jackson, M-Kay, Iloweil, Rodgers : G A division followed on thefist amendment and the clause a=> it stood. Motion pu-t — The amend nent — Ayes — Messrs Wilson, Scott, Jackson, M'Kay, Howell, Rogers ; 6. Noes — Messrs Beavan, Stuart, Cowan, M'Nab, and the Provincial Treasurer ; 5. Progress was reported, leave a*ked to cantinue the discussion to-morrow, and the House resumed. pawnbrokers' uri-r,. Mr Cowan moved that this Bill be road a third time to-morrow. Ay iced to. RESrOTATrOtf OF MR GILLER. The Provincial Treasurer in announcing the resignation of Mr Giller, as Clerk of the Council, passed a high eulo.sium on that gentleman's services. lie (Mr Chalmor-s) moved, tliat a vote of th:mks be given Mr Gi'iler,and thi'Jsame be enteieJ in theMinuces of Council. The motion was agreed to, and the Council adjourned at 10 o'clock.