THE HITCH AT WELLINGTON.

New Zealand Tablet, Volume I, Issue 43, 21 February 1874, Page 8

THE HITCH AT WELLINGTON.

Oh the llth inst., tho House of Representatives met at 5 o'clock. The Clerk said (hut in consequence of the absence of the Speaker and Chairman of Committee, it would be necessary, according to (he rules of the House, to adjourn till the following day. — Mr Vogel then made the following statement : — " The meeting of members of both Houses yesterday arose through the non-appearance of an expected proclamation of proiogation. Somo weeks ago it was intended to further prologue Pailiament. His Excellency was advised to that effect, and signified his willingness to comply with the advice, it is probable a proclamation of proiogation has been signed, but if so, it has miscarried. As a few members of Parliament attended yesterday, somo members of the Government also attended the meeting which took place. Since then the Attorney-General's opinion has been taken, and I attach it for your information. It is clear the present meetings do not constitute a session, and as soon as tho prorogation can be proclaimed it will be. In the meanwhile, if members in Wellington meet daily, such meetings will not constitute a session, and members will probably, after to-day, not meet, at least so the Government will advise them. To-day, they will probably meet, as yesterday they agreed to do so. There seems no reason why you should put yourselves to the trouble of coming to Wellington at present." A telegraphio circular of the above was sent by the Government to each member of Parliament not in Wellington. The AttcrncyGeiHi'ars opinion says :—": — " I think that as His Excellency the Governor has not met and addressed the two other elements of the General Assembly, neither of those elements can proceed to any business, but adjourn till met by the Governor und addressed by him. Consequently neither house can sit. Each may meet, but cannot sit and proceed to business. It is held that a complete Act must be passed, otherwise there is no session. To constitute an Act, there must be a Bill passed by each House, and assented to by the Governor. Therefore there •will bo no session within the meaning of the section of the Csontitution Act, au'l the Governor may safely and properly prorogue to a later date. The time elapsed between the date to which Ihe Assembly was prorogued by the last instrument of prorogation, namely, 10th Feb , and the d'ito of the next instrument of pioragation, will not have been a session, altl oagh members of each House of Assembly may have met adjourned.

The 'Post' contends that the two Houses of Assembly are now in session, and says :—": — " This extraordinary session might be regarded as a good joke, were it not that very serious consequences to the members of the House of Representatives are involved. The Constitution Act provides taht any member of that House who absents himself for a whole session without leave shall forfeit his seat. This provision i-* one which the Colonial Legislature cannot alter without the Act so altering it being reserved for her Majesty's pleasure. Thus, if the Governor now issued a proclamation proroguing Parliament, tho seat of every member of the House of Representatives, except the half-dozen, who were present yesterday, would be ypto facto vacant, and it would be the duty of the Clerk of Writs to immediately issue new write. This is a difficulty which no legislation cansurmount. Unless a quorum can be got together to grant leave to the absentees, what is equivalent to a general election throughout the colony must ensue immediately on Parliament being prorogued. Probably the Government, if it comes to that, will advise the Governor to dissolve Parliament, so that a real general election may take place this year, instead of the year after next, when the term of the present Parliament expires." The ' Post ' has a mock, speech by the Governor, in the course of which it makes him say :—": — " Since Parliament was prorogued I have visited most of the centres of population in both islands. The people seem prosperous, but are dreadfully given to demonstrations of loyalty, in the shape of banquets and processions. They no doubt mean well, and lam fully satisfied of their attachment to the Crown. At the same time, I felt it my duty on several occasions to impress on them that her Majesty's- Representative must not be bored, and I am glad to say that no weak consideration for their feelings deterred me from practically enforcing this great moral lesson. The number of Mayors in Otago is a serious evil, demanding the immediate and grave consideration of the Legislature. ... It will, no doubt, be highly gratifying to you to learn that the Minister of Justice, entertaining a high opinion' of the abilities of the Hon. Mr Bathgate, has appointed that gentleman to an important and most lucrative judicial office. I hud much pleasure in confirming the nomination, as it delivered me of Mr Bathgate as one of my advisers. Papers on this subject will be laid before you." A ' Gazette ' extraordinary issued on the 18th inst. has realised members from attendance at Parliament until 30th April next.