NELSON PROVINCIAL COUNCIL

Westport Times, Volume VI, Issue 980, 18 June 1872, Page 1 (Supplement)

NELSON PROVINCIAL COUNCIL

TEUSDAY, Johb 4. j CHARGE AGAINST A MEMBER OP THE ) COUNCIL. Mr. Kynnebsley said he thought it was his duty ' to report to tlio Council oertaia circurastanoes which had oome under his notice as Chairman of a Select Committee. H m. members were awaro that on the motion of one of the members for the Buller, Mr. Reid, a Committee had been appointed " to consider and report uoon the present position and condition of the town of Westport, having regard specially to the security of the residents from further loss of property, and to any ooasiJuration whioh may in equity be due to those persons whoso freeholds have been destroyed by the encroachments of river or sea." It would also be in the rooollection of hon. members, that a few days after the Committee, had been ap minted, reports which had been rooeived from the Provincial Engineer and Harbormaster at Westport were referred to the Committee and that on that occasion Mr. O'Conor said he should like to bo on the Committee. It was oxplainod by Mr. Reid th"t it was in deference to what he understood to bi Mr. O'Conor's own wish that he had omitted his name from the Committee ; and Mr. Macniahon offered to resign in Mr. O'Conor's favor, but this Mr. O'Conor declined. It was subsequently suggested by the Speaker and Mr. Reid, that although not a member of the Committee, Mr. O'Conor might be present at the meetings of the Committee, and givo the Committee the benefit of his views on the matter of enquiry. The Committee met last week, and Mr. O'Conor attended the meeting, and remained in the Committeeroom during a portion of the proceedings. The Committee met again that day, all the members being present, and Mr. O'Conor. At the meeting it was determined to rocommend the removal of the Government Buildings to the upper part of the surveyed township of Westport, and some members of the Committee wore of opinion that sections at present open for selection should be distributed among those whose sections had been washed away. Other members objected to this, but it was agreed that, at all events, those sections should be withheld from sale until the Committee had reported. A resolution to the effect that, the Waste Land Board should until that time withhold from sale the sections in question was proposed, and unanimously agreed to, Mr. O'Conor, after that resolution had been come to, left the Committee-room. Ho (Mr. Kynnersley), as Chairman of the Committee, immediately wrote a better to the Commissioner of Crown Lands, enclosing a copy of the resolution to which the Committee had agreed, and went with it himself to the Land Office, and gave it ta the Commissioner. In the Land Office he found Mr. O'Conor, and ho had since ascertained that, while he was writing the hitter, Mr. O'Conor had bought at the upset price, sis of the most valuable sections in the upper part of the town, for which he had paid £lss sections which were adjaeontto the site to which the Committee had agreod the Government Buildings should be removed, and which, in Mr. O'Conor's presence, it had been resolved to withhold from sale. He would not make any remark upon the circumstances which he had just detailed beyond saving that he felt it to be his duty to report what appeared to him to be very highly reprehensible conduct on the part of the member for the Buller, Mr. O'Conor. Mr. O'Conor said he was not in the Committeeroom when the resolution spoken of was passed. However, it would hive made no difference. The sections, when open to one person, were open to another, and he took them believing that they would he taken up. He would be very happy to give them over at the upset price for the use of the Council. There was no heavier loser than himself in Westport, and if anyone were to take up those sections they would trench on his interest in the matter. If anyone was to get any benefit, he thought he ought to get it, and he saw quite enough to satisfy him that, by taking up these sections, ho would prevent others from doing so. He had, in fact, been in treaty for these sections for the last fortnight. There was a short pause, after which The Speaker again asked if there was any notices of motion, when Mr. Luckik said that the subject raised by Mr. Kynnersley could not possibly be permitted to remain in its present position. Mr. Kynnersley had made a direct and grave charge, one o"f the points in which Mr. O'Conor contradicted. For the good name of the Council, it was bound to ascertain the facts, and other members of the Committee should state whether they could confirm the statement wliioh their Chairman hid just male. Mr. Donne said Mr. Kynnersley had related carefully Mini correetly the ei oum*ta..oes as thev had transpired. He was prepared, if it was necessary, to make a statutory declaration 'hat tie C>mmittee had determine.* to request the Waste Lao.ls Board to withhold ,rom sale certain blocks of land ; that Mr. O'Conor was then present; and that Mr. O'Conor was leaving the room when it was arranged that the Chairman should address a letter on the subject to the Commissioner. That was the simple unvarnished statement of what had occurred. It was by courtesy only thai Mr. O'Conor was in the Committee-room at a time when the Committee was deliberating, and had it been any other member than Air. O'Conor. he (Mr. Donne) should have moved that all strangers should he requested to withdraw, but as any action taken by him in that direotion might be misinterpreted, he refrained. The matter as it now stood was one upon which he felt very strongly, but it was not in the remotest dtgree a personal feeling by which he was influenced. Sent as they were to that Council to look after public interests, it was a highly important matter that, in doing so, they should protect themselves against the semblance of slur or suspicion. This Council had on a former occasion takon very strong action with regard to certain doings of certain officials in connection with the purchase of laud at Wat.gapeka, but any action of officials in that instance utterly paled into insignificance beforo the action of a member of the Council taking advantage of information obtained through the inquiry or decision of a Select Committee. As far as his experience went, this case had not a parallel, and he thought the Council should record its opinion upon tho unquestionable facts which had been stated. He begged, thorefore, to propose that Standing Orders should bo suspended to enable him to move what he conceived to be under the circumstances a very mild resolution, namely : " That this Council desires to place on record its strong disapprobation of the conduct of ono of its members, namely, the member for the Buller, Mr. Eugene Joseph O'Conor, in taking advantage of certain information obtained by him as a member of the Council on the Ith instaut, during the deliberations of a Select Committee appointed 'to consider and report upon the present position and condition of the town of Westport,' in the purchase by him of certain sections of land in Palmerston-street, Westport, which the said Select Committee had resolved the Waste Lands Board should be requested to withhold from sale pending the report of the Select Committee." Mr. Wastney seconded tho motion for the suspension of Standing Orders, and the motion was agreed to on the voices. Mr. O'Conok asked, " Am I to understand that this is in the nature of a charge made against me ?" and shortly afterwards he retired from the Council Chamber. Mr. Donne continued by saying that unless thoy jealously guarded the privileges 'of Select Committees by a strong protest against any breach of the necessary reticence which should characterise the proceedings of such Committees, they would utterly fail in the discharge of their duties to the public, and in tho interests of the bono* of tho Council, and in the interests of tho people whom they represented, he entered his solemn protest against any member taking u (vantage of information obtained in Select Committee, so as to put money into his own pocket. Any such proceeeding was a flagrant breach of their sacred trust. It was . doubtful question what was the nature of their privileges—whether they DOisessed any, and to what extent; and it was possible that they were not able to deal with this matter as one of privilege. But they were entitled to express a simple opinion upon what they believed to be a breach of honor, and unbecoming conduct, among a body of men assembled, as they were, as represents

tives of public interests. To his mind there was something positively indecent in any member, when a resolution was arrived at in Committee, retiriug from the Committee-room, and at onoe rushing the Land Department for the purpose of purchasing blooks of land whioh had been dealt with by thai Committee. There might be no broach of the law in doing so, but there was a breaoh of something of still higher value—that code of honor which should guide all men assembled in a representative capacity. Sush a surreptitious way of doing things th i Council must set its face against, and he acknowledged that to dj so in a thorough and unm'tstakeable manner, a much stronger resolution than that whioh he now proposed might well be adopted by tho Council. Mr. Kynnersley seconded tho motion. The Provincial Solioitoii understood tho Chairman of the W.)stport Committoo to have mido a charge against Mr. O'Conor. That charge was probably well founded, and if tho statement rnsdo were oorrect, certainly tho motion just propo3od was by no means too strong. The Council certainly ought to set its face agjinst members using any information obtained in that Council for their own advantage. If the Council did not maintain a duo regard for that principle, it would very soon lose its influence and usefulness. They could no longer find fault with other peopb, such as Gjvernmont ofticors, using information for their own advantage. He concurred with what had been said in that respect to the fullest extent, but ho thought thoy ought to givo the member to whom the resolution referred an opportunity for explanation. Ho soarcoly thought that, at that moment, the Council could deal with the matter coolly and calmly, and ho suggested, as a better course, that a committee of inquiry, to bo chosen by lot, should be appointed. He deprecated as strongly as anyone, a member of tho Council or of the Government obtaining information in his official capaoity, and taking advantage of it for himself, and he did not propose this amendment with any other feeling than that the Council should thoroughly uphold its dignity, but he thought it was preferable oourso co adopt. He moved " That the subject now before the Council be referred to a Select Committee of seven members, to be selected by lot ; such Committee to report to-morrow ni«ht." Mr. Gibb3 seconded the motion. Mr. GtriNNE33 thought that this was a question involving the honor of every member of the Council. It was their duty to calmly deliberate upon the matter, but he questioned the advisability of postponing its consideration. Mr. O'Conor admitted having purchased the land, and stated his willingness to return it if the Council thought fit, but it was for the Council to consider the simple point—did he avail himself of knowledge obtained at tho Committee ? He denied being present when the matter was under deliberation. The question must not be allowed to lapse, and no time should bo lost in considering it. Mr. F. Kelung approved of the amendment, as he thought it was but fair to Mr. O'Conor. Mr. Wastney did not think that any delay was necessary. Mr. O'Conor admitted buying the land, but denied the assertion of the chairman of tho Committee that ho was present when the resolution was agreed to. The evidence of the members of the Committee might be taken on that point. The Pbovtnciai, Treasurer said the charge should be made in such a way as to give Mr. O'Conor every opportunity of defending himself, an '. also to allow of the --vidence being placed on record. He was a member of the Westport Committee, and was perfectly certain that tho recommendation to withdraw the land from sale was fully agreed to before Mr. O'Conor left the room, and" that he was present at the time the discussion was going on as to the method in which it should be laid before tho Board. He trusted all would agree to the appointment of a Committee. Mr. Reid thought there should he a close inquiry and a definite record of tho facts. It was not so much a question whether the withholding of the land from sale was definitely settled upoli before Mr. O'Conor left the room, as whether there was an understanding that certain arrangements were likely to be made which would inere ue the value of the land ; in fact, did anything transpire while he wis in tho room to offer a greater inducement to anyone to purchase the land than existed at the time he entered it. He (Mr. Rei.i) believed that it was so. The whole matter should be promptly and thoroughly investigated, and discussed as openly and publicly afterwards as any other part of their pioceedings. As one of tho Westport Coimnitteo, and as a probable witness as to the facts, he niturilly must deeline to act on any Committee of inquiry, and ho surges' ed that any such CommiHee should be solected from other members of tho Council. Mr. Ltjckie thought the Council should take the matter up without delay, and th sift it from beginning to end. He agreed that members of the Westport Committee should be omitted from the list of any Committee appointed to enquire into the circumstances; aud Mr. Tarrant, Mr. Donne,' and other members of the first-mentioned Committee specially requested that that should be done, which was agreed to. Mr. Kynnersley said that, with roforoneo to the accuracy of the charge brought by him, he could say from his own observation that Mr. O'Conor was present at the time the Committee arrived tit their decision, and also that he was in tho room when some suggestions were made for distributing the upper eud of the town among those who had iost land at the lower end. Whether ho was thero when the question was formally put, he could not assert from his own observation, lie hope! the matter would not bo passed over lightly. He hold tho charge to be of a most grave and serious character, and if it were proved, ho considered that Mr. O'Conor had shown his utter unfitness to sit there any longer as a member. The Council might not perhaps get through its business as quickly as those of other Provinces, aud there might bo considerable differences of opinion between tho members from the West Coast and those of the settled districts, but he hoped, and, indeed, felt convinced that thero was one subject on which thoy were all agreed, and that was to maintain, on the part of the Council, a very high standard of pure, upright, and honorable conduct. The amendment was then put and carried on the voices, and the following members wero selected by lot : —Tho Provincial Solicitor, Messrs. Collins, Guinness, Baigent, Luckie, the Provincial Secretary, aud Mr. F. Kelling. On Wednesday in the Council, Mr. Luckie, as chairman of the committee appointed to enquire into the matter of Mr. O'Conor's purchase of land in Westport township, reported that tho oommittee had taken evidence, and applied for leavo to sit day by day. Leave was granted. THURSDAY, June 6. THE WESTPORT LAND PURCHASE COMMITTEE. Mr. O'Conor asked the Council to appoint one or two of its members to examine into matters of a purely private and confidential character, referring to his own pecuniary affairs and those of another person, whereby he could show that he was not in possossion of the purchase money for the sections until a telegram was put into his hand in tho Committee-room. He had askod for a similar favor from the Select Committee, and it had been refused, as being out of their powor, and he now repeated the application to the Council. The Provincial Solicitor said that he and the rest of the Committee were desirous to givo Mr. O'Conor every opportunity of clearing himself from the suspicions which were attached to the transaction ; but he could not assent to this proposition, as it would really bo no evidence at all until tho facts were stated. A. Committee had been appointed to investigate the matter, and, in a charge of this kind, everything must be done openly and above board, and the Committee would hare to report all the facts to the Council. Mr. Wastney did not see any objection to the course proposed, if it could be found practicable. There was no desire on tho part of the Council to disclose Mr. O'Conor's private affairs, and if the facts could be ascertained without doing so, he would not objeot. Mr. Ltjokib said that neither could he agree to