A PRETTY KETTLE OF FISH.

Wairarapa Standard, Volume I, Issue 17, 27 April 1867, Page 3

A PRETTY KETTLE OF FISH.

The Constitutional practice in England is for members of the House of Commons, .on accepting office, to pass through the ordeal of a fresh election. Members of Parliament accepting a contract under ■{government forfeit their seats. In the first session of the Wellington Provincial ■Council resolutions were introduced for the purpose of establishing the same constitutional practice in this province, but it having been suggested that the Provincial Council had not the power, under the Constitution Act, to exclude any ■duly elected member from the Council, it was resolved that members of the Provincial Council on accepting offices of trust, emolument, or of contracts under the Provincial Government should not be absolutely disqualified from sitting in the Provincial Council, but that they should be liable to a penalty if they did go, unless they first resigned their seats end passed through the ordeal of a fresh election. A bill was subsequently introduced embodying these principles, which was passed by the Council, assented to by the Superintendent, and allowed by Ills Excellency Colonel Wynyard, under the advice of the Attorney-general, Swainson. This law, known as the “ Officers and Contractors Act” is still in force, not having been repealed, overridden by any subsequent law of the General Assembly, or set aside by the decision of any competent tribunal.

In the last session of the Provincial Council a Bill was introduced for the purpose of repealing the above act, which passed the Council and was assented to bv the Superintendent, but was disallowed by the Governor under the advice of the Attorney-general Prendergast, the consequence of which disallowance is, that the Officers and Contractors Act of the first session is, as we have said, still in force, and must remain so until repealed, overridden by an act of the General Assembly, or set aside by a competent tribunal. An Attorney-general may advise His Excellency to dissallow an Act, but an Act which has been allowed bv His Excellency cannot be set aside by even His Excellency himself on behalf of Her Majesty, still less by a mere law-officer appointed by the Ministry of the dav.

The present members of the Provincial Executive, not having resigned their seats on accepting office as the act directs, are each liable to forfeit a sum of £IOO, to be recovered by any person who shall sue for the same in the Supreme Court, and the Superintendent is bound by the Act to issue writs to supply the vacancies thus occasioned. Whetheranyperson will sue any of the members of the Executive for the aforesaid £IOO remains to be seen ; but under the circumstances, and in order to remove any doubts, it is a great pity that advantage was not taken of the recess by the members of the Executive to resign their seats and pass .through the ordeal of a fresh election. If they had done so they would have not only carried ont the English Con-

stitutional practice, but have avoided getting themselves and the affairs of the Province into a muddle from which it may be difficult to extricate either one or the other.