PROVINCIAL COUNCIL.

Press, Volume XI, Issue 130, 9 January 1867, Page 2

PROVINCIAL COUNCIL.

Monday, January 7. [The following is the remainder of our report of the proceedings of the Provincial Council on Monday evening ] XYTTELTOir SCREW PUB JETTY. Mr Wyldk moved—" That the evidence taken by the Committee of the Screw Pile Jetty, be sealed by the Chairman of the Committee, and be delivered to the custody of the Olerk of the House." The committee stated that with regard to the contract for the screw pile jetty, they considered it inadvisable to make any report at present, as they understood there was a probability of an action being raised in the matter, and that the evidence they had taken was of such a nature that under the circumstances it would not be fair either to the Government or the contractor to produce it. Such being the case, he was sure hon. members would agree it was not right that evidence should be published which was at all likely to produce any effect one way or another when the case came on. It was no mere rumor that this step was to be taken ; the committee had received positive information that an action would be commenced. Mr Whall seconded the motion. Mr Thomson wished to know who was to be plaintiff in the action, and also if there was any further reason why the evidence should be withheld. If the action was to be commenced by the contractor against the Government, he thought the Government would not be acting a very handsome or generous part in keeping back any evidence which might be used against themselves. If the contractor had suffered wrong, he thought in common fairness he ought to receive compensation; but whether he had been wronged or not, he did not see how the production of any evidence could injure a just cause. Mr Hargreayes said that the report of the committee had stated clearly the reasons which induced them to act as they had done. Ec was not aware whether it was the case that an action was about to be commenced, but at any rate the committee were put in possession of information to that effect, and that a certain legal gentleman, a member of the House, had been retained for the case. He (Mr Hargreaves) was prepared to take the sense of the House as to whether the committee should proceed again to their duties, and report the whole evidence for the House. Mr Hawkes wished to know in what position the House would be placed if the evidence was sealed up, and the estimates for j the Engineer's department came before the Souse, as from what he could gather the report of the committee would very much influence the result the House came to with regard to that department. Mr Bhbath thought it would be better to have fuller information on the subject. He had not heard the reasons why the evidence should be sealed up, and if report was true, the House ought to know more of the matter before they could think of touching the estimates for the Engineer's department. He was sorry any evidence should be taken which was not fit to be read before the House. [Laughter.] Mr Maseell could not see how any evidence taken by the committee could influence the decision of any court of justice, whereas it might affect very considerably the vote of the House on the Engineer's department. Unlees further reasons were given for withlolding the evidence, he should feel it his duty to oppose the resolution. Mr Montgomery would not oppose the motion, as he thought that the committee must have had very strong grounds for taking the course they did. Mr Hoos wished to know if a writ had yet been issued. Mr Wyldb—l said only that an action was pending. Mr Whauc eaid that the committee were quite willing to take the sense of the House on the matter. He certainly, however, thought it would not be right for the committee to furnish .evidence either for or against the contractor or the .Government when an action at law was pending. Mr. Rhodes wished to know the opinion of the Government on the question. The Provincial Secretary did not think it consonant to the dignity of the Council that the Government should interfere with the recommendation of the Select Committee appointed by the House. At the same time he thought they might take it for granted that the committee had good reasons for taking the course they had done. Ho was not

officially informed that a writ had been issued, but ho was, he thought, credibly informed that legal proceedings would be taken against the Government for some reason of which he was not aware. Mr Wilson thought it would be contrary to the usual cuetora of the House to adopt the course proposed- There were besides so many charges pending against the Engineer s department that he thought it would be very unwise, in the face of the vote which was to be asked for that department, to withhold any information which might affect the vote of the House. He did not thick that any court of law would be influenced in the slightest degree by any discussion which might take place in the House. For those reasons he should feel it his duty to move as an amendment that the evidence be laid on the table of the House. Mr Maskkll seconded the motion. Mr Obmsby, as a member of the committee, wished to say that they were entirely in the hande of the House. He thought that the fact of the committee wishing secrecy in the matter had the effect of whetting hon. members curiosity to see the evidence which had been taken. He might say that it was of a very common-place character, and would disappoint hon members. The eridence had only been partially taken. Mr J. S. Williams said that the hon. member (Mr Ormsby) had given an excellent reason why the evidence should not be laid on the table of the House. It was incomplete, and he thought it very desirable that the committee should be discharged and the evidence destroyed. Mr Wyldb said if it was the wish of the House, the committee were willing to go on with the evidence in order to complete it, and make their report. They were entirely in the bands of the House. The amendment was then put, and carried on a division by 15 to 10, the words " when completed " being added. OVBB-EXPENDITUBB. The House went into Committee of Supply to consider the items of over-expenditure for the year ending June 30, 1866. _ The items having been considered seriatim and passed, the House resumed. GBE32 , BIVEB COAIi FIELD. On the motion of the Pboyincial Secbetabx thie Bill was read a second time. SALTWATEB OBEEK NAVIGATION. Mr Mabkell moved—" That in the opinion of this Council it is expedient that his Honor the Superintendent be requested to place on the estimates a further sum of £100 for improvements to the navigation at Saltwater Creek." The Secbetaby fob Public Wobks said that the Government were prepared to accede to the motion, but on the distinct understanding that the money would not be spent unless absolutely necessary. The hon. member would also understand that the sum could not be paid until the claims of the Koad Boards were satisfied. The motion was withdrawn. WE3TLAND INSPECTOB OF WEIGHTS, &O. Mr E. Babff .moved —"That a respectful address be presented to his Honor the Superintendent requesting him to place on the supplementary estimates a sufficient sum for the salary of an Inspector of Weights and Measures in Westland, and for the expenses of the office." The Provincial Secbbtabt said that the Government had no objection to place the sum on the estimates. The motion was carried. GBEYMOTTTH HOSPITAL. Mr J. A. Whall moved the re-com-mittal of the Canterbury Goldfields Estimates, for the purpose of amending the title of the vote for the maintenance of Greymouth Hospital in Class 8. The motion was carried, and the necessary alteration having been made, the House resumed. BEBIDENT MAGISTBATE'S COTXBT, LYTTELTON. Mr Habgbeaves moved—"That his Honor! the Superintendent be respectfully requested to place a sufficient sum on the estimates for the erection of a Resident Magistrate's Court at Lyttelton." The building was totally unfit for the purpose for which it was used, and moreover was the property of the Municipal Council. Mr Davis seconded the motion. Colonel White corroborated the remarks of the hon. the mover as to the utter unfitness of the building for the purposes of a Court-house. The Secbetabt pob Public Wobks stated that the Government would not oppose the motion provided the expense was not too great. The motion was carried. LYTTELTON SEA-WALL. Mr Habgbeatbs obtained leave to amend the motion standing in his name with regard to the sea-wall at Lyttelton, and the consideration of the report of the Select Committee was made an order of the day for next sitting. CHBISTCHUBCH CITS' COUNCIL ORDINANCE. In reply to Mr Wilson, The Pbovincial Secbetaby said he hoped to ccc the Ordinance on the table of the House at next sitting. He wished however to say that the amount of printing on hand was so large as to render it impossible to get everything done at once. Notices of motion were given, and the House adjourned till next day at five o'clock.