TUESDAY, 23rd FEBRUARY MORNING SITTING.

Southland Times, Volume III, Issue 47, 24 February 1864, Page 3

TUESDAY, 23rd FEBRUARY MORNING SITTING.

The Deputy Speaker took the Chair at ten minutes past' twelve. Present, Messrs. Scott, Chalmers, Cowan, Wilson, Jackson, Howell, Tarlton, M'Kay, and Calder. The 'minutes of last sittings Avere read and confirmed. L . THE BAILWAYS. Mr. WILSON moved " That a select committee be appointed to inquire into the construction of the Bluff Harbor and InvercargiU RaUway, and the Northern RaUway, with power,' to caU for papers, persons, and' reports, and for leave to report from time to time. s The Committee to" consist~of- Messrs. Stuart, Calder, M'Kay, Cowan, and the mover." The cause_ of this motion; he'-* said, was there being aiT allegation;, that ; some - parts of itheßfhie were, nofc in accordance with the: specifications of contract. He hoped the result of the inquiry ' would' he" a -b'ehefifc to the' province through^aliisfying.themembers of CouncU and

the Government, thatthe contract was being carried out properly or otherwisOi - Mr. ■ HOWELL seconded the motion. Agreed to. '" ' BOAD METAL' CO SXHACT. Mr. WILSON in bringing, forward tho following motion explained that he did so in consequence of cer tain reports out side the Houso that the specifications for supplying the metal had not been' complied with. It wan rather an un* ■ pleasant duty bringing np these, matters, but |hti must hejmid, if .they^weve'ftctin^ as members' -of OouribUf as re^reaent-alives oi 'the'- people, ,it was tlieir dyifcy to inquire info all matters ' connected with the peopled affairs. ' Though there might.. be nothing wrong, it was their duty to inquiro aiid see whether it was so or notrrrifnotj so ;muclUtho * -better -for -all eoh» corned. Ho thereforo moved "That' an addross ho -presented to ;Hia : Honor'the-'Super-intendent, 'respectfully-; requesting A him to cause to be laid upon the table' of this Counoil copies of the contract entered mto'with -Messrs. i Grevilie and Whiting, with specifications : thereto belonging and dated Slst' December, 1862, for supplying road metal ; and of a oontractwith the :Same parties dated 16th August, 1863 ; together withcopiesof allcorrespondencc thathas taken place between the Deputy-Super-intendent and the Engineer of Roads relative to the road metal, furnished by Messrs. Grevilie .and Whiting for the. Government." Mr. M'KAY seconded the motion. Agreed to LOANS. Mr. CHALMERS, for the reasons already given, asked leave to postpone the" second reading of the Debentures Bill, No. 2, ancl the Appropriation Bill No. 2. Mr. WILSON thought they could go on considering these Bills without the report, as; if they waited for it, they might wait a/ long time; -.-* -- He * considered that they might "pass tho Bills, and if they saw from tho report that it woidd not be required, sm-ely the Government would not throw the money needlessly away. If not necessary for the purpose applied for, it could be* kept for somethingelse — such as paving oil' debt. Mr. CALDER seconded the motion for postponement. Mi-. SCOTT was opposed altogether to raising any Loan, till a responsible Executive Council was appointed. LOAN POR THE TOWN. Mr. CHALMERS, in a few remarks, moved the secoud reading of the Town of InvercargiU Debentures' Bill, for raising a Loan of £25,000 for improving the Town. Mr. CALDER seconded, and the House went into committee. The clauses were read, and passed with little discussion. Progress was reported, and the House resumed. The Bill was made au order of the day for to-morro'.v evening's sitting. MESSAGE Viimi THE SUPERINTENDENT. The following message (No. 12), from Hi?. Honor the Superintendent, was received and read. TO THE FHOYINCIAT. COUNCIL OF SOUTHLAND. The Superintendent has to acknowledge the receipt of two resolutions of the Provincial Council, passed on the 22nd instant. The iirst, informing him " that it is the opinion of this House that, under the provisions of the Provincial Government Ordinance, I No. 3, lftf>2, all powers that can he legally conferred by the said Ordinance, shoidd bo administered by ihe Superintendent, only with the advice and consent of an Executive Council ; more especially it is the opinion of this Council that all monies appropriated by it should be expended under the supervision of an Executive Council chosen from its members, who will be responsible to this Council/ and desiring " to be informed whether the Superintendent concurs in these views." Tlie Superintendent believes Ihat tin- fir.-a part of this resolution correctly defines the limits beyond which the jurisdiction of the Ordinance named does not extend, and that within these the administration should be conducted with the advice and consent of an Executive Council ; and if, in the latter part, the words "' under tlie supervision" arc held to be equivalent to the words " with the advice and Consent," the Superintendent fully concurs with the views expressed in the foregoing resolution. The second resolution states that, from evidence adduced, the Council has been led to assume that in the appointment of the Engineer of Roads and Bridges the provisions of the Provincial Government Ordinance have not been adhered to, in as far as consulting the Executive Council is concerned, and requests an explanation of the matter. The Superintendent must express his regret thatthe Council did not ask for such explanation before it assumed that it was in possession of full information; and he will now shortly state the leading circumstances connected with the manner in which this appointment was made, in so far as he has a direct knowledge of them. The application of Mr. Dundas for the office of Engineer of Roads, &c, was received on tho 28th October. It enclosed his testimonials, and the Superintendent seeing that these were unexceptionable, witliout consulting the Executive, promised to him the iqypointment, aud requested him to come to Invercargill without delay. This promise so given, was unquestionably contrary to the provisions of the Provincial Government Ordinance. The action of the Superintendent in this matter contrary to the Ordinance terminated there. The Executive Council, Messrs. Stuart and Chalmers (Mr. Cowan being absent) , in a long discussion which took place on the subjo '-t, expressed its serious disapprobation of the appointment. Ultimately it was acquiesced in, and subsequently it was agreed, that unless Mr. Dundas should appear within a reasonable time, an Engineer shoidd be advertised for. The following extract from the minutes of the Executive Council, is a record on the subject: — "4th November, 1863. — On discussing the question of appointment of Engineer of Roads and Bridges, after some discussion it was intimated to the Executive present by His Honor that he had already promised the appointment to Mr. J. Dundas, this without taking the opinion of the Executive previously. It was agreed that in case Mr. Dundas did not make liis appearance within a short time, that the situation be advertised aa open for apphcation." On the niorning on which the Superintendent left town to go to Auckland, he went to Ids office for a short time and then placed in the hands of Mr. Chalmers tho apppointmont of Mr. Dundas ; that appointment was only a contingent one, and, therefore, was not entered on the letter book. It was intended to take effect in case Mr. Dundas shoidd appear at the office before the Deputy-Superintendent and Executive advertised for an Engineer. TheSuperintendentdoesnotpretendtorecoUect 1 all the circumstances that took place at that interview, occurring as it did in the bustle of departure. No doubt ever crossed his mind that he had explained these intentions to Mr. Chalmers when giving him the note, until after his return from Auckland, when Mr. Chalmers stated to him that such was not the case ; but, whatever may have been said or left unsaid at that interview, the Superintendent knows that Mr. Chalmers was aware; of the purport of the document. Over the circumstances, that happened in his absence, the Superintendent had no control. His .knowledge - ; pf most of them is only from hearsay', and therefore he need say nothing about those. On Ms return from Auckland, he found' Mr. Stuart's, letter, dated November 26th, which briefly intimated that he resigned his seat r ,in the. Executive ; he 'also' Tbuhd a'riote which aceompaiiiedityaiid which was addressed ' bfficiaßy to the jpeputyShperiii"tendent, : ; tlie '-foUowing extract^fiom I wliich may interest the Council : — " My reasbrf for this step iff ; your having nlled upithe:,appointmenfebf '..Road without the

previous advice and consent of your Ex©eu«tivo." • The following extract from the minutes of the Executive . Council explains his -reason more fully: — . V A .**' December Ist; " The Deputy-Superintendent intimated that Mr. W. Stuart had resigned his seat in tlie Executive, on tho ground that he had not heen consulted upon the appointment of Mr. J. Dundas, it . having beent .clearly understood tliat that gentleman, not haying, come forward sufficiently, early, woidd only rank in taking his* chance ; of ' 'the app6ihtme*htY SVith other applicants, applying --' through -Gillies ahd Street, who had , beenYrequested to advertise for the situation." ... ; y.. \- ■ -.., y ! Tho Superintendent observes that iii another part of this resolution the "Council fully recognises his freedom of; action "* in the exercise of powers conferred by : a superior legislature," the principle for which he has (all, along con-i, fended ; and if lie does not' ehth'ely agree with some other views' expressed in the resolution, it probably arises from his desire to construe the meaning and intent, of the law— as it is — rather than, as the Council appears to prefer, as it ought to be. <T. A. AR, Menzies, Superintendent. , Superintendent's Office, Southland, 23rd February, 1864. Mr. WILSON moved—" That His Honor's message be printed." Mr. M'KAY seconded. Agreed to, Mr. WILSON said the matter was one which- had* occupied the Council for two weeks without any conclusion being come to on the- subject, and he thought this message was bringing them nearer to it than anything yet. With the leave of the House, he woidd ask the hoii. member opposite (Mr. Cowan)' whether lie, . as. a member of the Executive Couucil, was consulted, when the Deputy Superintendent appointed Mr. Gibson, assistant Roads Engineer. His reason for putting the question Avas, that, he considered that office not necessary, as it was thought by many the duties might be porf brined by the Engineer of Public Works. If that was correct as to the chief Engineer of Roads, an Assistant. RdSd Engineer was surely much more unnecessary. Mr. COWAN in' reply said he was consulted by the Deputy Superintendent as to the appointment of an Assistant to the Engineer of Public Works, which he refused fo accede to, but he was not consulted by the Deputy Superintendent as to an Assistant to the Roads and Bridges Engineer. Mr. WILSON would ask another question, whether Mr. Cowan, as a member of the Executive Council, was consulted before the appointment of Mr. Ballantyne as Assistant Railway Engineer ? Mr. COWAN : I was not consulted. Mr. CHALMERS.— So lar as I am concerned, I do not remember hearing the lastmentioned name till this moment. Might I ask the hon. member where he got that notice of appointment from? Mr. WILSON : It is not necessary. Mr. CHALMERS: But I think it very necessary. Mr. WILSON: I do not think it necessary. Perhaps Mi. Chalmers will tell the House whether he did appoint an Assistant Railway Engineer, no matter what his name? Mr. CHALMERS: To the best of my recollection, I did not. The remaining orders of the day wore by consent of the House postponed. Notices of Motion. ?ur. Sru'i t gave notice that at to-morrow morning's sitting he would move for a return of all mouey paid on account of the ship wharf at the branch hue of railway in connection tlieri-v. iOi, - Mr. Chalmers gave notice that at: tomorrow morning's sitting he would ask leave to bring in a Bill intituled " An Ordinance to Amend (lie Invercargill Town Board Ordinance, 1863." The House then adjourned at ten minutes past one.