PARLIAMENT.

Taranaki Daily News, Volume LII, Issue 244, 20 November 1909, Page 5

PARLIAMENT.

FRIDAY, NOVEMBER 19. HOUSE OF REPRESENTATIVES

ity Telegraph.—Press Association. Wellington, Last Night. In the House this afternoon the Petitions Committee recommended that the Government institute an inquiry into the claims of old soldiers. The Premier said the Government proposed to set up an authority in each district to enable each case to be reported on by magistrates and have them settled next session. Replying to Mr. Jennings, the Premier said he would consider granting war medals to old soldiers entitled to them. It was decided that an and after Monday, 29th November, the House met on Mondays for Government business. The Hon. G. Fowlds stated that a new lighting apparatus would be installed at Jaekson's head. The House then went into Committee of Supply. Mr. Massey asked the Premier to state what system was being_ followed in the matter of retrenchment. He hoped every information would be forthcoming as to what had already been done. He urged an amendment of the Crown Suits Act to enable Stat* departments to be sued like a private individual. COMPENSATION FROM THE CROWN. The Premier replied that the retrencnment scheme was not yet complete, * m it was impossible to give all the detaui of the retrenchment scheme. Referring to the Crown Suits Act, the Premier said a tendency to multiply suits against tiie State departments must be guarded against Junes generally were in favor of individuals as against the State. If the way were opened to these suits the country would have to pay heavy coits. The Government had no intention to make any material alteration in the Act in the way of allowing departments to be sued by individuals without permission of the Crown. Mr. Herdman' contended that when tit? Government entered into business and competed against individuals, it shoum be put upon the same level as the latter. Referring to the proposed alteration of the superannuation scheme, Mr. Heulman said civil servants) ought to have been consulted before such a radical amendment was made. Mr. Baume was of the same opinbn as Mr. Herdman on the Crown Suits Act. It would be an infamous thing that if a man were injured while working for a State department the Government was not to be held liable. The Premier, in reply, said "if the demand were acceded to, all sorts of a'.surd lawsuits would be brought agaht the State. Mr. Massey, continuing the disteuss 01, urged that the Premier's argument was ■weak. If juries were biassed in favor of an individual as against the State. actions could be decided by a judge. To debar such suits was an act of tyranny such as no freehold people cou'et (übmit to. Numerous* petitions were received bv Parliament from people dun to the fact that the petitioners could not obtain justice in a court of law. Messrs. Field, Hanan, and Wright expressed disappointment at the Government's attitude on the Crown lands lawsuits. The House in the evening went into committee to consider class I. of the Estimates. Legislative Department's salaries and other charges', £1350. —Mr. Massev moved a reduction of the vote by to as m Indication that th» Crown State law should be amended to allow persons or firms to recover compensation against the State in cases of injury for which State departments are responsible. Messrs Luke and McLaren referred to the case of Barton ,a Wellington tramdriver, who, though injured for life by a State coal motor, had received no compensation. Messrs Fisher and Poole supported the amendment. The Premier replied that responsibility lay with the Council to compensate Barton. The Government always paid compensation to workers injured in its employ. The Council should have paid compensation to Barton, and then taken action against the Government. Mr. Baume having supported the amendment, Hon. R. McKenzie said no member could cite a case in which any person had an equitable claim against the Government without receiving compensation. To open the door to blackmailers would be a mistake. Mr. Fisher held that the Government ought to be liable for compensation in such a case as Barton's. The case was barred In the Supreme Court under iho Crown Suits Act. The Premier said the result of the adoption of the amendment would lie closing the State coal yards. If every man employed Therein could biin<r ail action against th c State then the State yards would be handicapped as against private coal yards. On the amendment being put it was lost by 29 to 25. Following is the divi sion list:— ' Noes: Arnold, Buxton, Carroll, Clark Colvin, Craigie, Davy. Dillon, Ell, Fowlds Graham, Hall, Hogan, Hogg, Jennings' Laurenson, R. McKenzie, T. Mackenzie Ngata, Parata, Poole, Reed, Ross, Sed don, Smith, Stallworthy, Rangihiroa Ward and Witty. Ayes: Anderson, Baume, Buick, Dive Field, Fisher, Frascr, Guthrie, Hardy Herries, Hino. Lang, Luke, McLaren Malcolm, Mander, Massey, Newman, Nos worthy, Pearce, Phillip's, Scott, T. I Taylor, G. Thomson, Wright. PAYMENT TO CHIEF JUSTICE. Mr. Fisher then moved that the iter " £1095, House of Representatives," b reduced by £4 as an indication tin constitutional principles should not b violated as they were in connection wit the payment to the Chief Justice ove and above his salary for services in re vising the statutes. Mr. Herdman supported the amend ment, and said that the administratioi of justice should be preserved from anj {possibility of dependence on politka jparties. Mr. Baume was' opposed to the appoint, ment of a political chief to the Bench. The appointments should be made automatically according to seniority on the bench. Mr. Massey drew attention to the Bf

f tislr and New Zealand law, which pro- ; bibita an increment of salaries of judges. '?■ Xbe Chief Justice had been unwise to *' accept ;'T r -"'„ for his services on the Hative Land Commission, but the Government was more blamcable than Sir Robert Stout. The Premier defended the appointment of the Chief Justice to the Native Land Commiflsion because of his position and knowledge of the Native legislation. The amendment was lost by 30 to 23. ' BEITCNUHMEXT—THE AMOUNT \ SAVED. The Premier made a statement sliow- ' ing the amount of saving effected by the retrenchment scheme. lie said the estimates showed a decrease of £62,4J2 compared with last year. In working the railways there was an, increase of £23,102, biit there were 212 extra miles of railways. Mr. Jdans'ev said the Premier had supplied more information that night than during the session, but still more was required, and he suggested that when each class of estimates was being considered the number of men retrenehej therein and the amount saved should be »~ stated.