PROVINCIAL COUNCIL.

Southland Times, Volume III, Issue 42, 12 February 1864, Page 7

PROVINCIAL COUNCIL.

: _-*. WEDNESDAY, 10th FEBRUARY. A.t Twelve o'clock noon, the following members of the Provincial Council were present, viz. :— Messrs M'JNfab, ' Chalmers, Stuart, M'Kay, Scott, Ho well, Cowan, Tarlton, and Calder^ On the motion of Mr. Chalmers, seconded by Mr. Stuart, Mr. M'Nab was elected to the office of Deputy Speaker, and took the Chair. The Cleric having read the proclamation from the Provincial Government Gazette convening the meeting of the Council, the Speaker initiated the proceedings with the customary prayer. The Clerk then introduced His Honor the Superintendent, who, taking the Speaker's place, which the latter vacated for His Honor, read the "following address : — Mb. Speaker, a^*d Gextivemexof the PncmxciAL Cootctl. The disallowance by His Excellency the Governor of the Appropriation Ordinance passed in the last Session of this Council has rendered a meeting of the Council at this time necessary, in order to make provision for carrying on the public service of the Province. The very large expenditure on. our roads during the past fourteen months has swelled, the expenditure to a sum far in excess of the revenue, and at the present moment our floating liabilities amount to about £100,000. The necessity for continuing a further large expenditure on roads isabsolutely unavoidable, and it is obvious that we cannot hope to meet those liabilities and the current expenditure with the revenue for the current year. The land sales for the past four months have been very much under the estimate made in October. The Customs' Revenue, which continues steadily to increase, although not quite equal to the proportion for a financial quarter according to the estimate formed for the year, yet at the same rate of increase will, within the financial year, amply fulfil the anticipations expressed in October last. The gross amount of Customs Revenue in the quarter ending 31st December, 1563, was slightly under £20,000. I believe that a large amount of land revenue may be expected to accrue during the summer and autumn, as I learn by a return from the Land Office that an area of about 90,000 acres is now open for sale. In the Hundreds proclaimed last year the maps of 14,000 acres of lands, equal to the best in the Province, will shortly be completed — the survey of the other parts is pressed rapidly forward ; I trust that from these sources the current expenditure of this financial year will be fully met. But to meet the liabilities to the Banks for the past expenditure, I have to propose to you that a loan should be raised. Such works as those on roads, which entailed this large outlay, are fairly chargeable on the Land Eund — and raising a loan now to meet those liabilities amounts in effect to an application by anticipation of, a part of the. land revenue to their discharge. As you may be aware, the General Government declinedto recommend the Governor to assent tothe Loan Bill for the Oreti Railway, until a tract of country of about ,68,000 acres was set apart in security, for, and applicable to, its Jiquidation. On a similar security, I do not 1 doubt that the assent of His Excellency will be given, to the Loan , which I propose now^ which is to be applied. s.pecificaUyVto the extinction of the debt now due to the Bank. The lands set apart in this way will be administered in the same way as other Crown Lands in the Province, but the revenues arising from their sale will be applicable only to the extinction of the debt secured on them, under the direction of the Colonial Treasurer. This rule, which the present General Government has adopted, appeared to -the Representatives of Southland to be one which should not ' ' have been applied to the loan in question, inasmuch as the- Provincial Government had previously, received from the General Govern 7 ment of the day an assurance that the Loan Bill would receive a favorable consideration — though at the same time approving of the principle on 'which it was based, the operation of which, will unquestionably tend to maintain the credit of 3STew Zealand Securities in the Stock Market. In the late Session of the General Assembly, an Act was passed to authorize the construction , of those portions of the Bluff and Invcrcargill Railway leading through, , the towns of Invercargill and Campbell-

town. It appears that the works on the Bluff and Invercargill Railway have expanded so greatly in the course of constructing the line — being at the same time of a more substantial and permanent character in many places than they were as originally designed — that the sum of the loan of £140,000 will be insufficient to meet the expense. I lay before you reports on the subject from Messrs. Heale, Dundas, and Marehant ; from these it . will appear that a further sum of not less than £35,000 will be required to meet increased cost consequent bn alterations and additional works'; in order to leave a ! margin for ■contingencies, I have to -propose to you; to raise the sum of £40,000 as a specific loan, in order to complete the work ; in this case also, it will be necessary to set apart a tract of land in security for the repayment of the loan. •. • The General^ Assembly : also passed •an Act to regulate the sale of. Crown Lands in this' Province ; as originally introduced;, it proposed to abolish, the im.proveiri.eirb clauses of . tlie j current ' regulations as regards- future purchases, to clear up the confusion into which titles to land are falling in consequence of the operation of those clauses hj permitting a'. commutation- j of their conditions as regards former, j purchases — in case it should be found that the Supreme Court decided that the agreement to fulfil those conditions Avas valid — and it proposed v to continue the price at twenty shillings an acre, reserving a power to the Governor to raise the price in the event i of the Provincial authorities desiring it. It was found, how ever, that the Bill would not pass through the Houses of Assembly unless the price was raised to forty shillings an acre. Under the circumstances, the members from Southland considered it the most judicious course to assent to the alteration. I regret to say that the members for Southland were unsuccessful in the attempt to obtain for the Province an increased representation, such as its prosperity andimportance justly entitles it to. A Bill was introduced by Mr. Bell, which proposed to give three additional members for the Province. In its progress it was the subject of frequent and keen discussion, and . underwent various changes ; in its final stage it provided for only two additional members for Southland, besides some other members for other Provinces ; but the opposition to the Bill was so determined and pertinacious j that it finally was abandoned. In the occurrence of pleuropnemnonia in cattle, which has lately appeared, the Province has been visited by the most serious calamity which has yet befallen it. The various reports on the subject, and the regulations which have been made with a view of arresting the progress of the disease, will be laid before you. I trust you will give this subject your attention, and consider whether any further measures can be adopted, calculated to arrest the course of the malady ; or if that should prove to be impracticable, to mitigate its virulence, and lessen the probable mortality. I have to inform you that after several consultations with a Committee of the Town Board, the Provincial Government agreed to bring forward a Bill to enable the B^ard to obtain a loan of £25,000, to carry out improvements in the town which are greatly required, and the absence of which for any considerable period would reflect discredit on the authorities. I have also to lay before you copies of a note presented to me on returningfrom Auckland by a gentleman who was lately a member of the Executive of the Province, and of a memorandum upon the subject. And now, gentlemen, I have to declare that this Council is open for the transaction of business. Handing a printed copy of his address to the Speaker, His Honor withdrew. REPLY TO THE ADDE.ESS. Mr. STUART moved that the address be received as read, and that a committee, consisting of the following members, be appointed to prepare a reply, viz. : — Messrs Chalmers, Scott, "Wilson, Beaven, and the mover. . Mr. CHALMERS seconded the motion. . Mr. TARLTON objected to the form of the motion, and. would prefer i that the address should . be again read by the Clerk. . A motion ;that the address should be "read short," was carried, and the Clerk merely read the preliminary paragraph to the address. . The motion for the ; appointment, of the committee, to prepare the ; reply, was then put by the Speaker, arid carried. HIS HO2TOB' THE STJPEBrNTENDEJSTT AND THE EXECUTIVE COUJTCrt. MR. CHALMERS moved—" That the copies of .the note, and memorandum of his Honor, referred to in His Honor's address, be read." MR. STUART seconded the motion, which was carried. The Clerk .then read the following note and memorandum ; — Wo, the undersigned Members of the Provincial Council of , Southland, pledge ourselves not to accept office as Members of the Executive Council, unless the Superintendent for the time being first pledges himself to act in accordance -with 'the spirit of the Provincial Government Ordinance <(No. 3),. 1862, and not in violation- of the principlo which provides that "The Superintendent shall act with the advice and consent of an Executive Council." ■ • . . C. Cowan, <M. Scott, 1 W. F. Takltou", W.H. Caxdek, (Signed) ' S. Beaten, ' . W. Stttaut, J. WIISON, J, HoWBIOi, jS". Chalmers.

' MemobAJtoum: by the StrEBBiNTEKDSNi! ■ . • for the Executive Coutfciiu This note raises an abstract question on the Constitirtion of a Provincial Government, which opens out a "wide issue. The opinion implied is based upon what the Superintendent conceives to be a misapprehension o£ the nature and extent of the powers vested in a Superintendent, and the relations they bear to those of a Provincial Council. Substantially, the meaning of the note amounts to an affirmation that the administrative powers of the Superintendent are derived from' the legislation of' the Provincial Council, and that, consequently, they can be exercised only under the conditions prescribed by the Ordinance referred to. (No. 3.) It would appear that such an opinion is erroneous. A:Supermtendent ; is invested with various ; powers under the provisions of the Constitution Act, -of. various Acts of the General' 'Assembly, and by delegation from the Governor! " ; : • ' • The Constitution Act provides for the framing :of laws by the concurrent action of the Superintendent and Provincial Council, and for the conduct of the administration hy the Superintendent. ' ' ; | ■ In the legislation of the General Assembly i similar provisions on the latter point are contained in several Acts ; : and it would seem to. lie,, clear; enougii'tliat the exercise, of. powers .'thus conveyed i s beyond the direct control of the Provincial Council-— the extent of that control being, as pertaining to a subordinate Legislature, necessarily subject to limitations or alteration by the action of the superior Legislatures. The remarks of the AttorneyGeneral on the' 6th clause of the' Marine Boards Ordinance, passed by the Provincial Council of Southland, in February, 1863, bear directly on this point. It would appear that the members of the Provincial Council who have signed the note, hold that the intention of the Ordinance referred to (No: 3) was to give the absolute control of the administration to those members of the Provincial Council who were also menibers of the Provincial Executive, the duty of the Superintendent being simply to give effect to their decisions. From the opinion that -their relations should be of this character, the Superintendent altogether dissents. It is not borne out by the spirit either of Imperial or colonial legislation. When the Ordinance referred to was passed, it was not contemplated that, in virtue of its provisions, the Provincial Council would claim, the right to control the exercise of powers which were vested in the Superintendent by a Legislative possessed of authority overruling that of the Provincial Council. If such a claim was established, the character of a Provincial Government would be entirely changed, and the functions of a Superintendent might, under such circumstances, be discharged as readily, and nrueh more economically, by a Chairman of the Executive Council for the time being, who might be appointed from day to day. It may be assumed, however, that when a Superintendent and an Executive Council act heartily together to promote the public service, questions of relative powers would rarely arise. It is probable that they are more apt to arise upon points of barren punctilio rather than for more serious reasons. With regard to the more specific object of the note Avhich inferentially charges the Superintendent with a. violation of the Provincial laws, as construed by the members of the Council who have signed it, and demands a specific pledge from him that he will observe them in the light of that construction, the Superintendent will only observe, that as the Provincial Council shall meet in session shortly, those membei-s will then have an opportunity of carrying out their view to a legitimate conclusion, by memorialising the Governor to remove the Sxipeamtendent from a position which a systematic violator of the law would unworthily occupy. J. A. R. Menzies, Superintendent. January 12, 1864. ME. CHALMERS said, as the subject matter of the note, and memorandum of His Honor, would come under the consideration of the Committee appointed to prepare the reply of the House to His Honor's address, it would not be necessary then to consider it. The subject of the note and the memorandum j would, no doubt, be fully discussed before the House adopted, the reply. ME,. TAELTON objected to a postponement of the consideration of the note and memorandum, as it appeared to him the consideration of the subject did not come within the duty of the Committee, which would be simply to prepare a reply to the address. ME. CHALMEES said, that preparing a reply to the address would include the consideration of the subject he referred to, as it was contained in the final clause but one of the address. Copies of the note and memorandum were laid on the table ; further consideration of them being postponed. . EEPOET OP THE PEOYINCTAL ' TKEASTTEEB. ' The Cleek read the following report of the Provincial Treasurer :— Invercargill, February 9th, 1864. Sir,— ln accordance with the provisions of the Provincial* Audit Act, 1861, I have the honor to enclose the accounts of the Province for the quarter ended 31st December, 1863. I have examined these accounts and I certify that they are correctly stated, and that the expenditure has been properly vouched and classified. The revenue for the quarter was £14,776 17s 10d. The total expenditure for the same period was £57,473 14s 9d, showing a deficiency of £42,696 16s lid, which added to the balance at 30lh Sept. leaves a total balance of £90,490 10s 6ddue to the Bank of New South Wales at 31st December, 1863. Tke expenditure for the quarter, as above stated, includes an advance to the Oreti Railway from the general revenue of . the Province of £4577 10s Od, pending the allowance of the Oreti Railway Loan and Debentures Ordinances passed by the Provincial Council at its last session. It is my duty to bring under the notice of the Council, that although the expenditure for the quarter has been in accordance with the Appropriation Ordinance, passed by the Provincial Council at its last session, jet, owing to the disallowance of that Ordinance by His Excellency the' Governor, that expenditure has been made without proper authority of' hw. In the enclosed accounts it appears that a sum , of; £899 6s. 6d. has been expended on services for which there was no vote at all, £634 7s. 4d. of this sum was expended on Invercar- ' gill streets, and the remainder for extra clerks in tho Engineer's, Registrar's, and Treasurer's Departments, extra'wardsmen for hospital, and for an, extra stableman, but all these ; might have been classed as - c Unforeseen Contingencies," and so have'been brought under a vote of the Council. The expenditure on thoßluff andlnvcrcargill Railway for the quarter was £20,840 19s. 9d M making, with that incurred in the September

quarter a totaLfexpentllfcure of £27,904; Refunds to the amount of £1,282 h received from the contractor for pla; nally paid for by the Provincial Gfov^ thus leaving a balance of £26,622 w due to the Bank of New South 1 account of Invercargill and Bluff Railway. Debentures to the amount of £1* the amount authorised to be raise I "Debentures Ordinance, 1863"— h. issued and placed in the hands of the New South Waloa for, negotiation. And in compliance with the further, ments of the " Provincial Audit Ac' I have the honor to append a full s in writing of all expenditure made authority of law in the fourmont)* 31st January, 1864, amounting in tl gate to £81,041 4s. 4. I I have the honor to be, Sir, t» * Yotir obedient servant, fy Hekry M'Cxrraoci Provincial |P To the Speaker of the Provincial Coui» Southland. « DISEASE Itf CATTLE. '* The SPEAKEE laid on th^ reports and correspondence rel< § the threatened spread of fc ' pneumonia in cattle. ? - AD.TOTIIIISOtEK'T OP THE HOTJS Mr COWAN moved the a<" ment of the' House to next day[| o'clock. ti Mr. TAELTQjST objected i adjournment, or at least hop^ some reason would be give^ doing so. There was a series w before the House which require sideration (Oh, Oh, and whethey ?) There were certain gent' members of the Executive C[ ("ISTo," from Mr. Chalmers), an the exception of bringing for^ few notices of motion, they wer? to neglect those bills altogether believed they were called on • something before adjourning/ •"•; had copies of bills laid on the l and those bills having been-bi forward by the Executive, they now going to neglect doing, thing with them (Mr ChahnersExecutive? There is "no Execi v He (Mr. Tarlton) knew nothi that until he was officially inf ; of the fact. He thought it wi duty of the members of the Exe to give the House some furthj planation on the subject, instej gentlemen rising to give notij motion, and moving for the ad ment of the House without assi any reason. ! Mr. CHALMEES said the i for adjournment was only in al ance with the general rule (Nt from Mr. Tarlton). Copies o' bills were laid on the table for th< pose of allowing members to tate; home in their pockets, and coi them before they came or discussion. He had freqt heard members complain, and; myre bitterly than the hon. : ber himself (Mr. Tarlton) c the want of such a rule. As i regarded members of the Exec rising to offer any explanation i House, there were no members 'o. Executive there to do so. The;e nation referred to by the hon. me would, as a matter of course, com fore the House in considering reply to His Honor's address,! would be so thoroughly disci that there was no occasion Jfbr explanation before then. The i-; course for his Honorto adopt,and-vi had been adopted on that occa when there was no Executive, wa His Honor to transmit the Bil the House through the Speaker, was sorry that the hon. member ; Tarlton) who was so experience Provincial legislation, had not] that before. • Mr. TAELTON proposed, a amendment to the motion, " Tha; House do adjourn till 6 o'clock night." The amendment not I seconded, lapsed. Mr. CHALMEES moved an am ment, which was seconded by Stuart, "That the House adjour Monday, at 12 o'clock." Mr. TAELTON strongly objf to members being called together, without anything being done, to journ for two or three days. "T was no statement nor any explana made to the House. TKere.were :, ters of the utmost seriousness t( considered, and it was the duty oi House to attend to them at b without feeling interested in " horse or that horse winning." Mr. CALDEE was not in favo adjourning 'to Monday, as at next meeting the House' would < be in the same position it i vras, and the whole question the Superintendent versus the ecutive, would have to b 6 considei and it was highly requisite that i should know, as early as possible what position the Executive 1 stoo regard to the Superintendent. (Mr. J': "Wilson took a seat at Council:) After some further discussion o: unimportant character, Mr. CHALMEES saidhe would w ' draw his amendment for the adjoi ment to Monday, and substitute amendment for Eriday, at. tw< o'clock. - Mr. STUAJ&T having seconded amendment, it was put by the Spea and carried, Mr. Tarlton dissenti The Council then adjourned quarter to 1 o'clock until lYiday (t day) at 12 o'clock. " Notices of Motion". 1. Mb.- \V. Stuabt— " To ask lei to briny in a Bill to make provision' the representation of the people Southland in the Provincial Counci 2. Me. W. Stuart — " For leave: bring in a Bill to amend the pres< Sheep Ordinance." 3. Mb. Calder — "To move t appointment of a Committee to t» pare a memorial to be forwarded, the Home and Colonial Gbvemmei against the Southland Waste Lan«. Act. Committee to consist of Mess Tarlton-L M. Scott, and the mover - " i \ *