GENERAL ASSEMBLY.

Waikato Argus, Volume V, Issue 361, 1 November 1898, Page 2

GENERAL ASSEMBLY.

LEGISLATIVE COUNCIL. MONDAY. The Council met at 2.30 p.m. SECOND READINGS. The Aid to Public Works and Land Settlement Act Amendment "Bill and the Dairy Industry Bill were read a second time. f.naXj stag lis. The Separate Institution, Inspection of Machinery Act Amendment, the Government Loans to Local Bodies Act Amendment, ami the Leases and Sales of Settled Estates Act Amendment Bills were put through their final stages. WaGK.S PROTECTION. The Council decided by 19 to 13 to insist on the amendment made in the Wages Protection Bill, with which the Lower House had disagreed. Messrs Oliver, Macgregor and Shrimski were appointed a Committee to draw up the reasons. WORKERS COMPENSATION. On the motion of the Minister for Education, the Workers' Compensation for Accidents Bill was committed, and Clause 4, which had been amended previously by inserting the word " negligence,'' was restored by 17 to 16, to its original shape. The section now makes an employer liable for all accidents to workers in his employ, unless serious and wilful misconduct on the part of the latter can be proved, negligence not entering into consideration at all. On the motion of Mr Downie Stewart, Clause 21, which had been struck out. was reinstated, its effect being to repeal the sections in the Mining and Coal Mines Act which made all mining accidents prima facie evidence of negligence on the part of the proprietors. The Bill then passed through its final stages. PHARMACY' RILL. The Pharmacy Bill was considered in committee, 45 clauses being passed without amendment. Progress was then reported and leave given to sit asain The Council rose at 4.45 p.m. HOUSE OF REPRESENTATIVES. MONDAY. The House met at 7.30 p.m. WORKERS COMPENSATION. The Worker's Compensation for Accidents Bill was received from the Legislative Council and read a first time. With reference to this measure, Mr Seddon pointed out that the Government Accident. Insurance Bill was a necessary adjunct to it, and he did not wish the legislature to pass one measure without the other. The Insurance Bill was now before a Committee of the House, which was taking evidence upon it. Under these circumstances at this stage of the session, it was not in his opinion feasible to put the measures ou the Statute Book. WORK TO BE DONE. In accordance with a promise made to the Leader of the Opposition, Mr Seddon intimated the business which the Government considered necessary to pass and desirable in the interest of the colony before the prorogation of Parliament. With respect to the Law Practitioners Act Amendment Bill, he understood that the opposition to it would be withdrawn if it was made to apply to solicitors who have been continuously in practice for a certain period. In respect to Technical Education Bill (members : Strike it out) the Government was on the horns of a dilemma and he objected to bo impaled. He intended to restrict the Bill to making provision for the doubling of the amount of subsidy at present payable, and provision would be made on the Supplementary Estimates for the necessary finance. He moved, and it was agreed, that the following Bills be struck off the Order Paper, viz., Shorthand Reporters, Cemeteries Act Amendment, East Coast Native Land Administration, Local Government Voting Reform, Noxious Weeds, Orchards and Orchard Pests, Native Interpreters Classification, Lunatics Act Amendment, Immigration Restriction, Eight Hours, Adulteration Prevention Act Amendment, Companies Winding Up, Payment of Jurors, Slaughtering and Inspection, Municipal Corporations and Local Authorities. This leaves twenty Orders on the Paper. With respect to other business, Mr ijeddou said he would confer witli the Leader of the Opposition respecting the bringing down of resolutions of the House. The debate on the Public Works Statement would be taken to-morrow afternoon, when the Standing Orders would be suspended in order to permit a debate on the motion to go into supply, but in case the House would not agree to this proposal he would leave Wednesday open for the debate on the Public Works Estimates. Ou Thursday the mail resolutions would be brought down, and on Friday the Supplementary Estimates would be discussed. With the assistance of the House he saw no reason why members should not be allowed to leave for their homes on Saturday. mr it. mckenzie's position. Before calling on the Premier to move* that the resolution passed on Thursday last, suspending the member of Motueka be rescinded, the Speaker said he understood it was the desire of the House that the member should be given an opportunity to express his regret. In reply to Captain Russell, he said such an opportunity could be given by permission of the House. Mr Seddon, in moving the motion, pointed out that the decision had been arrived at hastily, and the House was now irr a better position to calmly consider it. The member for Motueka had been under the impression that he had a right to demand a vote on the question that the words be complained of should be taken down, tut had since admitted to him that he had been in the wrong. Mr McKenzie vvas a member who had not an enemy in the House, and had no intention of resisting the authority of the Cnairman or disregarding the House. The Speaker said with a view to maintain the rights and privileges of the House he would much prefer that the member for Motueka should now come into the House and make his statement. He (the Speaker) did not think the House desired a humiliating apology, but a frank and manly apology would be received in a generous spirit by every member of the House and the matter be once and for all settled. Mr Rolleston, as the oldest member in the House, concurred with the Speaker's remarks, but considered that instead of rescinding the motion the House should remit the remainder of the sentence, (Japt. Russell intimated that he intended moving an amendment to the effect that further consideration of the matter be postponed until it is decided whether or not the member for Motueka is still a member of the House. The Speaker said he had hoped that the leader of the House would have fallen in with his suggestion, but as he apparently did not, he (the Speaker) would now call for a seconder to the motion. Mr Seddon said he would like to accept the suggestion, but had not had an opportunity to see the member for Motueka. The Speaker left the chair for fifteen minutes in which to confer with the member for Motueka. On resuming, Mr Seddon moved that the member for Motueka be permitted to attend in his place. This was agreed to, and the Sergoant-at-Arms was sent for and returned with the member for Motueka. He was informed by the Speaker that the House desired to afford him an opportunity to make such explanation as he might think fit with respect to having disregarded the authority of the chair. Mr R. Mckenzie explained that whilst moving an amendment to the Miniug

Bill the member for Buller had made what he (Mr McKenzie) considered as an offensive personal reflection on him. He had moved that the words be taken down, and owing to his imperfect knowledge he had been under the impression that a division could be taken on that motion and had erroneously persisted in asking for a division. In doins; what he had done he had had no intention of defying or showing discourte-y to the chair, and he now desired to express his regret that he had acted against the ruling of the chair. The Speaker asked the member for Motueka to withdraw and promised to inform him of the decision of the House, Mr Seddon moved that the House having heard the explanation of the member for Motueka and his expression of regret for what occurred in committee, it accept-} his apology. Mr Dtithie seconded and contended that Mr McKenzie should have been allowed to explain before the motion suspending him was passed. The Speaker said ho had no option in the matter, a 3 the Standing Order declared the motion of suspension must be put forthwith. This had been the first time which the Staudiug Order had been brought into operation. Mr O'Regan explained that ha had not made an interjection whilst Mr McKenzie was speaking in Committee, but had used the words complained of when he rose to speak. He (Mr O'Regan) hud made the remark under great provocation, as the member for Motueka had been making iuaeeurate statement regarding him. Mr Scsbie Mackenzie eoasidered that the punishment meted out to Mr Mackenzie had been outrageous, and he pointed out that in the excitement caused by the incident the House had forgotten that there was an alternative punishment provided by the Staudiug Orders—viz., that an offending member could be dealt with according to usage, which did not include suspension. Others having spoken and Mr Seddon having replied, the motion was agreed to. Mr Seddon then moved the motion rescinding the motion of suspension. (jjapt. Russell moved as an amendment that the House declines to consider Mr Seddon's motion until it is ascertained whether or not the member for Motueka had ceased to be a member of the House by handing a document to the Speaker which he informed him was his resignation. He said he did not move this as Leader or as a member of the Opposition, and did not ask any member to vote for it unless he agreed with him. He detailed the circumstances under which Mr McKcnzio had handed his resignation to the Speaker, and said the contention that the resignation could not be recognised until it had teen opened did not hold, unless it was conceded that the Speaker had the power not to allow any member to resign by keeping a letter of resignation unopened. If the power of discrimination were allowed the Speaker of the House would be imposing a power on the Speaker never contemplated by any Parliament. He contended that the resignation had not been withdrawn by Mr McKenzie. His (Capt. Russell's) preseut action had not been animated by party feelings, but he would not be a party to permitting the Speaker to ignore the Electoral Act of 1893.

Mr G. Hutchison said as the matter was one which affected the privileges of the Hou.se, Mr Seddon should have brought it up. There was no reasonable ground for doubt that Mr McKenzie had banded in his resignation, despite the fact that the Speaker did not consider the place and method of handing it in was proper. It was not competent for the Speaker to make arrangements as to keeping a letter for a period before opening it. and there was no power to withdraw a resignation. The document handed by Mr McKenzie to the Speaker belonged not to the Speaker, but to the House. The Speaker said when Mr MeKcnzie had handed his resignation to him he declined to receive it, but when it was pressed on him, and in order to get past the member for Motueka, he (the Speaker) had taken the document from him, at the same time stating that he did not take it as his resignation, and had told him if he wanted to resign he must see him next morning. • Mr Scobie McKensttc said there was one link missing in Captain Russell's case, and chat was that the Speaker was not in a position to say what was in the letter. He considered the action of the Speaker had been actuated by humane and reasonable motives, and at this stat;e of the session it would be better to leave the mttter alone. Mr Duthie had no doubt that the proceedings had been irregular, but considered it to be sufficient if a protest were entered. Others having spoken, Mr Seddon said the Speaker was well within his rights in keeping the letter unopened under the whole circumstances, and knowing what the member for Motueka's feeliugs had been, his action was not one which should be taken account of, and he vindicated the course taken by the Speaker. Capt. Eussell said, in conformity to a very generally expressed wish, he would withdraw his amendment. Leave was granted, and the motion was agreed to without disseut, and communicated to Mr McKenzie. [Left sitting at midnight]