THE CONSTITUTION ACT.

Press, Volume III, Issue 337, 28 November 1863, Page 2

THE CONSTITUTION ACT.

TO THE EDITOU OF THK c PBESS.' Sir, —" A lover of plain dealing" is unjust when he imputes to mc a desire to remove the present Superintendent. I expressed my opinion distinctly that with an efficient Executive Mr. Bealey might be able to make his government a useful and popular one. The question as to the power possessed by members of the Provincial Council out of session is entirely a dift'erent one. It is a dispute as to a prerogative believed to exist by some and denied by others. Let us read together the fourth clause of the New Zealand Constitution Act, passed 30th June 1852 :— Section 4.—Upon or before the issue of writs for the first election of Members of the Provincial Council for any province established by or under this Act, the persons duly qualified in each of the said provinces to elect members for the Provincial Councils as hereinafter mentioned, shall elect a Superintendent of such province; and on the termination of such Council by expiration of the period hereinafter fixed for its continuance, or by the previous dissolution thereof, the persons qualified as aforesaid shall elect the same or sonic other person to be Superintendent, and so on from time to time; and every such Superintendent shall hold his office until the election of his successor : Provided always that it sliall be lawful for the Governor of New Zcalaud on behalf of her Maiesty to disallow any such election; and if such disallowance be signified by the Governor under the seal of New Zealand, to the Speaker of such Council at any time within three months after such election, the offer of Superintendent shall become vacant; and on any vacancy occasioned by such disallowance, or by 1110" death or resignation of the Superintendent (such resignation being accepted by the Governor on behalf of her Majesty), a new election shall in like manner take place . Provided farther that at any time during the continuance of the office of any such Superintendent, it shall be lawful for her Majesty to remove him from such office, on receiving an address signed by the majority of the members of such Provincial Council praying for such removal; and thereupon the like proceedings shall be had as in the case of any such vacancy as above mentioned. That portion commencing " Provided farther" seems to mc a perfect justification for members entertaining the belief that they possess the power of removal at any time, in session or out of session. j In the absence of any expressed legal opinion upon the point, doubts must continue to exist. I again repeat that I believe a good Executive would entirely change the present aspect «f things. Times. November 27, 1862.