ORIGINAL CORRESPONDENCE

Southland Times, Issue 1138, 29 September 1869, Page 2

ORIGINAL CORRESPONDENCE

WS DO NOT IDENTIFY OURBBIIVES IN ANX WAY . WITH THB OPINIONS EXPBKBBBD BY OUH COBBESPONDENTS. Sib — In your extract from ' Hansard ' of Dr Menzies speech on the subject of re- union to Otago, published in your issue jf the 21th, I find Dr Menzies speaking of the late disagreement between the Superintendent and the Executive, states " such as a member of the Executive opening a letter and substituting another for it." A s such a statement unanswered is calculated to mislead the public, I must beg a Bmall space to detail the facts as they occurred. This is the more necessary, as while the financial statement I made during the debate in the Provincial Council was published, my explanation of the statements made by the Superintendent in his printed letters and memos was not. The facts, as connected with the matter in question, are as follows : — On the 15th April last, the Executive, to prevent any misunderstanding arising after the despatch of any document, passed the following resolution : "It is advisable that all letters of importance should be submitted to, and approved by, the Executive before being despatched." This was written in the minute books of the Executive Council, and assented to by the Superintendent. On the Bth;.May I requested jthe Su-

perintendent to write to Mr ffarvey, the Solicitor for the Railway Contractors, a refusal on the part of the Government to elect to pay in land, in terms of the decision arrived at at an Executive meeting of the 7th May (at which the Superintendent was present), aa follows : — " Resolved that the Government declines departing from the terms of its letter of 26th April last." The Superintendent wrote the subjoined letter :— No. I.— (Of date Bth May). As this was one of the most important subjects which occupied the attention of the Government at that time, I felt it to be my duty to see the letter before it wassent, in terms of the minute of 15th April. I accordingly, when I conceived a sufficient time had elapsed to enable it to have been written, went into the messenger's room, and saw the letter lying open on the counter, previous to , despatch ; read it, and finding it was not i worded in terms of the minute, viz. — j " that the Government declines, &c," took i it in to the Superintendent, pointed out I that as it stood it might lead the contractors to believe that differences existed between the members of the Government, a supposition which would be disadvantageous for the public interest — more particularly on this pomt — and suggested he should substitute the word " Government " for " Executive." This he declined to do, stating he objected to the refusal on the part of the Executive, and the letter as written by him, conveyed the real meaning of the situation. I then said I would show it to the other members of the Executive, and if they consented I would be perfectly contented. I took the letter and showed it to two j members of the Executive, who agreed wifch me that it was unadvisable to create an impression of any division existing in the v Government, particularly on such an important subject. I returned to the Superintendent with the letter, and told him the opinion of the Executive. He, however, refused to alter the wording, and I again called on my two colleagues, who were also firm that it ought to be altered, fortifying their position by asserting that as the Suprrintendent did not veto the resolution, as passed at the Executive meeting, he ought constitutionally to word the letter in accordance with the wishes of the majority of the Government. I was at least two hours going backwards and forwards between the Superintendent and the Executive, trying to arrange the difference. On my return the last time the Superintendent had unfortunately gone to his house, it being late on Saturday. Had I found him in the office I would have returned him his letter and told him he could send it or not, as he pleased, for I was thoroughly sick of the whole matter. As I did not find him, I wrote, by instruction of my colleagues, a letter to Mr Harvey, substantially the same as the Superintendent's with the word " Government " inserted instead of " Executive," (subjoined No. 2) and sent it to the Superintendent's house for signature with a memo. (No 3) expressing the opinion of the Executive. I waited the return of the messenger, who stated the Superintendent had not signed the letter, but had said he would write me on the subject. As this communication had not reached the Government Offices by four p.m. I went home. On coming to town on Monday morning, I was told by a member of the Executive that it was evident the Superintendent had not written to Mr Harvey, for the contractors were grumbling they could get no answer. I found no notification at my office of the Superintendent's intentions, and, on consulting with two of my colleagues, it was decided I should, in my capacity of j Provincial Treasurer, write Mr Harvey a letter in terms similar to that I had sent ' for the Superintendent's signature (viz., No. 2), although I at first demurred, alleging my conviction that Mr Harvey would decline receiving intimation from any member of the Executive. I finally consented, and wrote to Mr Harvey. Later in the day and after my letter had been despatched, I got the Superintendent's memo, of Bth May (No. 4), declining to sign the letter I had written for him (viz., No. 2), and detailing his reasons for the refusal. Dr Menzies, whea he spoke of the matter in the Council, was, of course, not aware of these facts, and judged merely from the printed correspondence. I think I have satisfactorily proved I did not " open a letter and substitute another," as well as rebutted the charge made by the Superintendent of having suppressed one of his letters. — I am, &c, Walter H. Peabson. Invercargill, 27th September, 1869.

No. 1. Superintendent's Office, Southland, Bth May, 1869. James Harvey, Esq., Solicitor, Invercargill. Sib — In reply to your letter of 6th May, informing me that your clients, the contractors for completing the Oreti Railway, having had an offer from a party to take about 5000 acres of land in one block, and enquiring whether the Government would now elect to pay to this extent, of say 5000 acres in land, to be selected and set apait on the footing that on completion of the contract a Crown Grant will be given for that land, I have the honor to state that I have laid your application before the Executive Council, who have decided that they decline departing from the terms of the letter addressed to you from the office on the 26th April last. — I have the honor to be, Sir, your obedient servant, (Signed) John P. Tatlob, Superintendent.

No. 2. Superintendent's Office, Southland, Bth May, 1869. Sib — I have the honor to acknowledge receipt of your letter of 6th inst., requesting the Governmeut to elect to pay in land, the contractors for the Oreti Railway, Messrs Abbott and Packham, to the extent of five thousand acres, allowing its immediate selection on the

footing that on the completion of the contract a Crown Grant will be given for that land, and in reply, to state that the Government declines departing from the terms of its letter of 26th April last. — I have the honor to be,. Sir, your obedient servant, Superintendent. James Harvey, Esq., Solicitor, In vercargill. No. 3. Provincial Treasury, Invercargill, 7th May, 1869. Memo, for His Honor the Superintendent. The Executive is of opinion that Mr Harvey's letter of 6th May, 1869, having reference to the election of the Government to pay Oreti Railway contractors 5000 acre 3in land, should be answered in snch wise as not to create the impression of a dual Government, which the Superintendent's letter aa originally written would convey- I have to submit therefore for His Honor's signature the accompanying letter. (Signed) Walter H. Pea-twok, Provincial Treasurer. No. 4 Superintendent's Office, Southland, Bth May, 1869. To the Provincial Treasurer— Sra — I have the honor to acknowledge the receipt of a memo, of the Executive Council, signed by you, stating that Mr Harvey's letter of 6th inst., having referred to election of the Government to pay Oreti Railway Contractors 5000 acres in land, should be answered in such a wise as not to create the impression of a dual Government, which the Superintendent's letter as originally written would convey, and submitting for my signature another letter. In reply I have the honor to state that my letter to Mr Harvey is perfectly binding on the government, since I have, as you must be aware, no power to act without the consent of the Executive Council, under the provisions of the Land Regulations. The letter, moreover, states the exact truth. The Executive is perfectly aware that I totally disagree with them ; while acknowledging that they are legally competent to act in this matter as they have done both as to the fairness and policy of their action. There can be no doubt that the Contractors have already suffered greatly by the refusal of the Government to decide how they shall ultimately be paid. The Government can suffer no possible loss by acceding to their request, as it is very unlikely we shall be able to pay them in cash ; and even if we were it could only be by having sold land very much more largely than there is any | present prospect of ; and even in that | case it would be our interest to sell still more and acquire a greater command of i cash. But so long as this question remains in abeyance, and the Contractors certificates are, or may be in the market, it is very improbable that intending purchasers will buy of the Government at 20s, while they have the chance of buying through the contractors at a considerable discount ; and in the meanwhile all land sales of any consequence, or where people are not actually compelled to buy to protect themselves, will be stopped. I therefore see no reason why I should alter the wording of the letter, which is only worded as many others have been when no difference of opinion existed between the Superintendent and Executive. — I have the honor to be, Sir, your obedient servant,

(Signed) Jko. P. Taylob, Superintendent.