OPENING OF THE PROVINCIAL COUNCIL.

Southland Times, Volume I, Issue 79, 2 December 1864, Page 2

OPENING OF THE PROVINCIAL COUNCIL.

The opening of the first session of the second Provincial Council of Southland, under, *the New Representation Ordinance, took place yesterday, in the Masonic Hall, Kelvin-street, at noon. The hall was crowded during the proceepings, and the assemblage appeared to -watch, the business transacted with a very unusual amount of interest. At the hour above mentioned the following members took their seats :— Dr. Menzies, W. H. Calder, T. M. Macdonald, J. R. Davies, (Invercargili; ; A. M'Nab, (Oampbelltown) ; W. Stuart, (Waikvi) ; J. Wilson, Jabez Hay, (Waihopai) ; Dr. Hodgkinson, J. Crerar, (Riverton) ; J. Howell, W. H. Nurse, (Aparima) ; H. Armstrong, (New River) : T. Swale, W. Johnston, (Roslin) : JT. F. Collins, (Waianiwa) j B. T?. Cuthbertson, (Waiau) ; P. M'Kellar, (Oreti). The Clerk of Council, Mr. W. H. Aylmer, having read the official notification of the Principal Returning Officer, H. M'Culloeh, Esq., summoning the members of Council to meet for the despatch of business, the House then proceeded, in conformity with clause 20 of Provincial Councils' Ordinance,°to the ELECTION OF SPEAKER. Mr. H. ARMSTRONG- moved that Mr. Wilson, one of the members for the . Waihopai, bo elected. Mr. SWALE seconded. The motion was carried unanimously. J Mr. WILSON thanked the House for the honor J conferred upon him, and immediately took the Speaker's Chair. Having opened the business of the Counoil with prayer, the Speaker remarked that the first duty of the Houae would be the election of a Superintendent. At this stage the report of the Principal Returning Officer on the result of the General Election was read. THE ELECTION OF STXPEBINTENDENT. The SPEAKER having again desired the Houae to take steps for the election of a Superintendent, Mr. A. M'NAB proposod Dr. Menzies for the office. Mr. W. JOENSTOtfE seconded the motion. Mr. CALDER Trißhed to know if the motion was to be received as a substantive one, or if counter-motions were to be received as amendments. The SPEAKER wished other members of the Council to express themselves on the point. Mr. CUTHBERTSON thought the Speaker,by the Act, was requested to decide in all cases where no rule is laid dorm. The SPEAKER decided to receive the motion as a substantive on«. Previous to question being put, Dr. Menzies retired. The motion was then put, when there voted : — AYE 3. KOES. M'Nab Hodgkinson | Johnston Howell j Cuthbertson (teller) Hay Nurse Davies S^ale Macdonald Crerar Stuart M'Kellar — f Armstrong ; Calder (teller) Collins — 9 The motion was declared lost, by a majority of two. Mr. MACDONALD then rose and proposed Mr. Theophilus Heale as Superintendent. He (Mr. Heale) was a gentleman who was well known in the Province, and intimately acquainted with its wants. He was likewise possessed of qualifications which fitted him in no ordinary degree for the post, besides cherishing those views on constitutional government with which he (Mr. Macdonald) entirely agreed. He would read a letter which had been placed in his hands as received from Mr. Heale. Mr. M'JSTAB .objected to the letter being read. - ..->.,..■. ; _. Mr. MACDONALD then said that Mr. Heales' views, on the question of the powers of the Superintendent, that he (the Superintendent) should only act with the advice and consent of his Executive, and that, as regards the delegated powers, he considers the Superintendent holds them as Superintendent, and for. the Province, arid should, it appears to him,. be ordinarily exercised with the assent of of its 'representatives. Mr. CALDER seconded the election .pi Mr. Heale as Superintendent. ' :' " The SPEAKER now suggested to the , House that it might save difficulty if they took into qph;, sideration the fact that Mr. Heale' tiad : ribt said' that he •would accept office as SupeHntendent, but merely that he : intended to be in Southland- sooni. r Mr. OUTHBERTSON 'admitted- the critical position of the affairs of the. Province, as referred to by a previous' speaker, and, he Was surprised to; find hon. members supporting the flection of Mr. Heale who; was at' the present time so far removed from the place.' He would ask— -what is to be done in the meantime ? With reference to the question of the powers of the Superintendent, Mr. Cuthbertson thought he (the Superintendent) was not by the Act obliged to conform to the wishes of aknajority of hia Executive. . ;. . $fi\ ABiMSTRONQ- aaid that the objection to MrJ;He^e'Bbe|ng;sp y&v away, was met bythe fact tKat it was necessary for the Superintendent to go to Auckland, and he (Mr. Heale) was almost on the spofe, and could, easily be ..communicated wwithbydepn^. '.'-...-■■'.' -X' : .:' '.-",.''" ■' Mr. M'NAB M& th« Sop^intencUnt h&d xiq

business to go to-Auckland, and if he (Mr. Heal*) ; is elected, they could not more another inch till h» came here. He deprecated the time that -would -. be lost, and thought there was a chance of losing, ."during the present^ session of the General " that which might" be' secured in three jweeks. He -would state that. he had in hit pocket a letter from the Colonial Secretary wherein he states that the General Government .., v are prepared to recommend the guaranteeing of the.Prormcial Loans, and if Mr. Heale were elected, so much time Would be lost that they might only obtain in eighteen months that which they might as easily secure in eighteen dayi... Dr. MENZEES asked what" "guarantee^ th» Council had to believe that Mr. Heale wool* accept the office. t j' \ a (Mr. M'NAB.— None whateyer). ' T :~ Mr. MACDONALD.— By a letter from him* •elf. "I Dr. MENZIES thought that however satisfao tory Mr. Heale's statement 'might be to an individual member of ' the - House, h» could riot- see how the House could feel satisfied in thus dealing with- a gentleman, whose intentions had not been properly set before them. The SPEAKER here suggested the reading of•the letter. ..,'_.. Dr. MENZIES onoved that this be done before the : reply, ofrthe mover. , Mr. MACDONALD,' stated that the letter fibm Mr. Heale had not been addressed t£ himself, and „ he therefore did not feel justified in reading or producing it. . -„'-<-• Dr. MEN2JEES now : said that he liacL under- :- stood that the settlement of the -rfilfltive pOweM of the Superintendent and Provincial - Council would be the first and main question to be dv« cussed and;decided, and he was surprised not ( to see; it brought forward. He did not, however, clearly 'see that he shduld take the initatdry steps, but; as certain very ingenious arguments have been adducedjihe should be glad to enter upon a de- - bate on the question. As to the nomination of Mr. Heale as Superintendent, he would say that, he would yield to no man in Ma reßpect for. that gentleman, but inasmuch as the Council has only < been informed of his willingness to accept the office through "one individual member of the House he could not vote for him. In the present positon of the Province, he thought it was necessary 'that the intelligence ef the election of a Superintendent should be forwarded to the North by themailtwhich left next day. Mr. MACDONALD now- said : he had obtained the consent of the gentleman to whom the letter was addressed tohave it read, and he wouldnow ' beg to hand that portion of it, which: referred to the question before the House, -to the Clerk of Council. i . v ' The letter was now read to the House,, after. which, Mr. MAODONALD said, in reference to th* discussion on Constitutional. Government, to which an hon. memberhadalluded.thathefelttheallusion was concerning himself. He begged to state however that on the hustings he did jao^ assert , that the powers of the Superintendent should fee decided upon prior to his election^; but that he would make it a sine qua non tiTat £he person for whom he voted as Superintendent should hold th© Views that he must be guided by the advice »nd consent of his Executive Council. He held, tpo^ that it was perfectly competent either to discuii such a question before or after the election of » Superintendent. The motion was now put, with the following result : — AYE 3 HOEB Stuart Menzies Davies M'Nab Colder M'Kellar . - M'Donald (teller) Swale (teller) Hay Johnston Armstrong Nurse Hodgkinson Cuthbertson Howell Crerar— B Collins— 9 ' ■ ■ ■■'■• The SPEAKER now said the question to be decided was — what is an absolute majority ? Did it imply a clear majority of those present, without the easting vote of the chairman?; or, as Ixb would read the provision of the Act, must there be an absolute majority of the members of tho Council — which would be 10. ? Mr. MAGDOjSTALD said it was not the duty of the Council to decide on the wording of any Act of the Legislature. That was a matter for a Judge of the Supreme Court to decide.; Dr. MENZIES thought the Speaker had taken a common sense view of the matter. Mr. CALDER could riot see liow the motion could not be decided on as in ordinary cases. . ; Mr. M'NAB insisted that the word "absolute" implied a majority *o£ the members of Council, and " not merely of those present. The SPEAKER ruled that 10 would form ma absolute majority. .- : ; :: ;^ ■ Mr. CALDER then hinted that the last Superintendent was not duly elected, two members being absent. . " " The SPEAKER replied tliat the \hon. [ memfcer must be mistaken, as he (Mr. Wilson) was the : only member who did not vote ;for *the Superintendent. Mr. M'NAB at this stage moved the adjourn* ment of the House till next day at one o'clock. Mr. M'KELLAR seconded the motion. Mr. CALDER now wished to know if the Speaker ruled the motion as lost. The SPEAKER replied that the motion was, carried, but noi? by an absolute ' raajoriiy, as re-" . quired by the New Provinces Act. The reading of the Act, however, appeared to be a questionfor the Supreme Court to decide, and he would decide that Mr. Heale * had riot been tleifcsd; , ;„. , : ' Mr. STUART moved as an amenament to Mr. M'Nab's motion, that theiHouse do. .adjourn, 'till eight o'clock the same evening. The amendment havmg: been/:j>ut,; nine ; voted for, and eight against it.i The ayes were-r-Messra. Macdonald, Calder, YStuart,u Armstrong,; Hay, ■ .; HodgMnson, Collins, HoweU, rDavies j; and the noes were — Messrs. Menzies, . M'Nab, Crerar, M'Kellar, Cuthbertson, Nurse, _Swale: and John* ston. ■' „._, J.;^, ; Tho House than adjourned .at 1;15 to 8"p-m,