The Press. FRIDAY, JANUARY 10, 1868.

Press, Volume XII, Issue 1614, 10 January 1868, Page 2

The Press. FRIDAY, JANUARY 10, 1868.

Tire Parliamentary struggle now and for a long time past .going on in Victoria has been brought to a climax by a recent decision of the Supreme Court, which has deprived the Government of

the means they had discovered of getting at the public money without an Appropriation Act. The quarrel began in tbe session of 1865, over the protection tariff, which the M'Culloch Mini-try, after carrying it through the Lower House by large majorities, endeavoured to force through the Upper House, known to be strongly opposed to it, by "tacking" it to the Appropriation Bill. The Council however were not to be thus outwitted. They demanded that the two Bills should be separated, but the Government, confidentinthesiipportof the Lower House, refused to comply.; and so the two Houses came to a dead lock, which lasted till the financial year expired, leaving the Government without supplies. From this awkward situation Ministers relieved themselves by an expedient, dexterous enough no doubt, but altogether unconstitutional and of very questionable legality. There is in Victoria an Act entitled tbe Crown EeraedLes Act, \vhi--h Vi'.xy 'i««vt•■•<*> the Governor to issue a waii-uu- for the satisfaction of judgments obtained against the Crown. The Government gave this Act an unexpected application. They commenced a series of collusive actions with a certain baink in Melbourne. It was arranged that the bank should advance a sum of money and immediately afterwards bring an action for its recovery, that th c AttorneyGeneral should allow judgment to go by default, and that then, the Governor should issue his warrant under the Crown Remedies Act for the repayment of.the money. By this means the Government obtained what supplies | they wanted In fact ib waß perfectly plain tbat, if their were lawful, they had completely jockied both Houses—not th<eir opponents only but their supporters as well, and had rendered themselves from thenceforth completely independent of Parliament. , Some steps were taken to test the legality of these judgments by default,] but the Council at last gave way on the tariff question, the Appropriation Act was passed, and the matter dropped. Last year however it revived again. Governor Sir C. Darling, who throughout the whole business had sided warmly with his Ministers against the Legislative Council, was recalled by the Home Government; .whereupon the Colonial Ministry pro-posed-and carried in the Assembly a vote of £20,000 as an acknowledgment of the services he had rendered the colony during the political crisis of the previous, year. As these services had principally consisted in snubbing the Council and abusing; its members personally in his despatches, it was hardly to be expected that the Council would see why they should be rewarded with a gift of £20,000; and so the old quarrel recommenced. The Council refused to pass the Bill granting the., £20,000 • the Government tacked it to the Appropriation Act; the Council threw out Appropriation Act and all; and the Government, wauting money, fell back upon the Crown Bemedies Act. On this second occasion, however, they were less fortunate than before, for one of their judgments has found its way into the Supreme Court, and so brought the whole ingenious system to signal grief. The circumstances were rather curious. Mr. Alcock, the well-known billiard-table maker, supplied the Government with a table for the use.. of. the Duke .of Edinburgh, and obtained judgment for the cost in the usual way. On the security of this judgment Alcock obtained a loan from a man named Fergie, to be repaid in a month, Fergie undertaking not to press for repayment before the expiration of that time. Fergie, however, seems to have become dissatisfied with his security, for without waiting the month he summoned AJcock in the County Court for the amount of his loan. Upon this Alcock in return sued Fergie in the Supreme Court for breach of his contract to forbear proceedings for a month. For the defence Fergie pleaded that the judgment assigned to him as a valuable security was iuvalid, and could not form a " valuable consideration " on which to x ■ found a contract; also that the original contract for the billiard table "was entered into without the authority of her Majesty in person or of the Parliament of the United Kingdom of Ghrealt Britain and Ireland or of this colony ;" and that there had never been " any money legally available for or applicable to the payment of or satisfaction of " the contract, or "any money appropriated by Parliament for the purpose of payment." This pleading raised all the questions in dispute as to the validity of judgments by

default against the Crown under the Crown Remedies*- Act which it was desirable to have settled in a court of law. The case waa argued before a full Court, who, after taking time for consideration, delivered judgment dead against the Government in. every essential particular. We have not seen a report of the judgment, but according to the Argus it upheld the technical. validity .of judgments . by default against the Crown in actions against it under the Crowa Bemedies Act, but rendered them of no practical avail to those who have obtained them, until an Appropriation Act has been passed specifically appropriating moneys out of the public revenues for their payment. " The Court held," says the Argus, " that the. Governor has no authority to contract without the sanction of Parliament, but that for pleading reasons that defence could not be raised in this action of Alcock v. Fergie, which is based on the assumed validity and assignable value of the judgment obtained in a prior action of Alcock v. The Queen ; it held that judgments by -' default' may lawfully be suffered by the law officers in actions.. against the Queen, and it held that there is nothing to invalidate such judgments in the Constitution or Audit Acts; but it held finally, what was either accidentally overlooked or intentionally unargued by both sides at the bar, that there is a more important question behind all these which must also be answered, Will payment of the judgments be legal ? and that the proper answer is in the negative. Payment of ithe judgments will be illegal till there has been a specific appropriation by Act of the Legislature for the purpose. There has as yet been no such Act passed. If before such Act be passed the Audit Commissioners issue, or the Governor approves of and signs, a single warrant for payment of such a judgment, he will break the Constitu-. tion Act and the Audit Law." That is decisive. But how about the many payments of such judgments that had already been made, every one of which, according to the judicial decision of the Supreme Court, was a breach of the Constitution Act and the Audit Law? And in what position does the Governor find himself, who, in defiance of all remonstrances, aud of the opinion of the law officers at home, continued his 'predecessor's practices, which are now formally declared to be illegal ? Whatever may be the result, we are rejoiced to hear that a course which, even if it had been within the strict letter of the law, was both morally fraudulent and opposed to every constitutional maxim, has been thus summarily brought to an end. There is nothing on which every Legislature should be so, rigidly resolved, especially in a colony where constitutional principles are less engrained and public opinion less powerful than in England, as to enforce on the Ministry in power the most absolute" responsibility for the expenditure of public money. The Legislature of New Zealand has set a magnificent example. By the " penal clauses" of the Public Be venues. Bill the Colonial Treasurer or Comptroller are made personally liable for the illegal expenditure or transfer of money, and can be proceeded against I by order of the House of Representatives before the judges of the Supreme Court. That is. genuine, practical responsibility; not responsibility in theory and profession only. Had there been any such " penal clauses " on the Victorian statute-book, MrM'Culloch and his colleagues would have thought twice before venturing to pervert an Ac;.' intended nierely to facilitate a.legal process into an engine for raising money without the consent of the Legislature. Chamber op Commeeck.—Owing* to the absence of members the usual monthly meeting of the committee did not take place. Acknowledgment.—The Secretary of the Benevolent Aid Society begs to acknowledge the receipt of the following subscriptions: — D. Inwood, £2 ; H. J. Tancred, £10. Leithfield.-—We understand that at a meeting to be held this evening at Leithfield, resolutions in favour of the Northern .railway will be passed. A large attendance is expected. Chbistian Knowledge Society.-—The usual annual meeting of this Society was to have been held yesterday afternoon at four p.m., but in the absence of several member., sufficient to form a quorum, the meeting lapsed. Ltttblton Sttkdat School. —Owing to the unfavourable state of the weather the children belonging to the English and Scotch schools were not token for the proposed trip yesterday. About 150 children belonging to the Wesleyan schools were taken to Hills borough' by the ten a.m. train for a pleasure j excursion, and brought back by the last train. ; BarDGlso the Waitaki.—The " Timaru Herald " is informed that a letter has been received by the Chairman of the Timaru and Gladstone Board of Works from the Superintendent of Otago, inquiring whether the Board is disposed to co-operate in the erection of aj bridge across the River Waituki. The correspondence will be laid before the rext meeting i of the Board. The probable cost of the i bridge would be cpnsjderab.lv uui&r £20,000. '

Choral Socfrtt.—A mating of the Lyttelton Choral Society is called at half-past seven this evening, at the rooms of the Colonists Society, when it is hoped that a large number of members and friends of the Society will attend. CbicS'ET.—A match is to be played on Monday next, on the ground of tiie U.C.C.C., between a second eleven of that club and a team from the Lincoln, Templeton and Prebbleton districts. Wickets to be pitched at ten o'clock. The representatives of the U.C.C.C. will he chosen from the following gentlemen :— Messrs Blakiston, Dumergue Dobson, Speedily,. Brit tain. Stedmun, Warner. Ooudell. Rutherford, Heap*. Hoyle, Pycroft, and Ollivier. A match has also been ar ranged between an eleven of Kaiapoi and the second eleven of the Albion, to be played at Kaiapoi on Monday, next. The Albion eleven will be selected from the following:—C>rd, Sourer,*" Hank*, Osborn, Woods, <>e?_well, J I'alv.rt, Dunn, Morgon, Warner, Wells, and Tacon. Ihe players are expected to be at the City hotel at half-past seven on Monday morning. Templeton.—The nnnual meeting of ratepayers was held on Tuesday last at Taylor's hotel, Yaldhurst. The chairman, F. W. Delamain, Esq., read a detailed report showing the receipts and expenditure for the past year Ho stated that any one looking over the report would see that the money bad been fairly spent in all parts of the district; that a large amount of work had been done at a very cheap rate, and that tbe Board had tried their utmost to curtail all unnecessary expense. He roust also bring before their notice the correct and efficient, manner in which the Surveyor had always performed his duties. In conclusion, he begged to inform them that although he had retired from the Board, he should always mc hia best endeavours for the district, in tlie Council. He then called on them to elect two gentlemen for members of the Board Messrs Field and Anderson were then elected, and after a vote of thanks to the Chairman the meeting dispersed. Interpbovincial Ceicket Match. —At a meeting of the match committee held on Wednesday" evening, it was resolved that Messrs. Bent,; Calvert, Cotterill,- Dickinson, Mainwaring, Moore, A. Ollivier, F. Ollivier, Powys, Stevens, and Young should ibe the eleven to represent this province in the annual cricket match between Otago and Canterbury, which is totake place in Dunedin this year, on the 22nd and 23 r d of the present month. The uniform of the eleven is to consist of a blue cap and white flannel trousers and shirt. The committee decided what sum should be paid in each case towards defraying expenses, and directed the secretary to write to the Government for free paesagea for the eleven by the Lyttelton and Christchurch railway, while on their way to and from Otago. It was arranged that a match should be played to morrow on the, ground of the U.C.C.C. between the eleven, aa now finally chosen, and the next twenty-two players of the province. The wickets are to be pitched at halfpast one o'clock punctually, and only one innings on each side will be played. Messrs Harley, Taylor, and Turner will bowl against the eleven; and as this will probably be tbe only occasion .on which the representatives of the province will have an opportunity of playing together,..it is to be hoped that they will all be in attendance at the time fixed for the commencement of the match. . Mandeville and Rangioka Road Boaed. —An ordinary meeting of this Board was held on the 6th inst. Present —Hon. G. Leslie Lee (chairman), Messrs Howard, Threlkeld, and Wilson. The Surveyor's report was read, in which he stated that he had carried out works as directed at "the last meeting, and reported on the state of works now-going on, also on the state of the North road caused by inundation from the Waimakariri. The Chairman reported that he had received tenders for the bridge on the North road, and for clearing sand on the North road. The tenders for the bridee were : —J. Bowmaker (accepted), £50 ; R. Wright, £55. The tenders for clearing sand were: —Vasey (accepted), £6; Pester and Powell, £8 10s The Surveyor was instructed to make a temporary bridge on the North road, near Pashhy's, and to temporarily repair the other places washed away by the flood A letter from Mr Smith was laid before the Roard asking for some works to be done. It was resolve I that the Purveyor estimate the value of tde work a.*ked to be done, and the Board otter one half tlie expensetowards it. Tei • ders were then opened for the following works : Forming Beach road, Maher and Clark (ac cepted) 7s per chain ; forming Young's road ; the tenders for this work being considered too high, it.was resolved that the time should be extended till next Board day. A considerable discussion arose as to whether the .Oxford and Ohoko road was a main road, when it was proposed by Mr Threlkeld that the Oxford and Ohoko road be considered a main road, and that the expenditure thereon be charged to main roads account. The motion, not being seconded, fell to the ground. The following accounts were then ordered, to be paid:—J. Bowmaker, on account of bridges, £50 ; J. Ellen, on account of main drain. £50; K. Kenrick, for timber, £40; Hiffgins and Co., balance on drain, £19 4a 3d ; McLachlan and Davis, forming, &c , Goosetree's road, £18 ; P. Maher, forming, &c, Welstead's road, £9 3s ; J. Williscroft, Oxford and Ohoko road, £4; 0. Clark, day work, £ I ls ; Ward and Reeves, advertising, &c, £7 4s 9d ; Press pro prietor, ditto, £4 10s ;—total, £203 3s. The balance sheet for the year was then read, after , which the Board adjourned. Ccst Road District. —The annual meeting of ratepayers for this district was held at Messent's hotel on Tuesday last, when a considerable gathering of the residents of the neighbourhood took place, and a more than usual interest appeared to be felt in the day's proceedings. The Chairman opened the business of the day, and laid a statement of accounts for the past year before the meeting, and gave a short, account of the works at j present in hand. The feature in the accounts most worthy of remark was the very small amount set down for working expenses, thus leaving the chief part of the resources of the district available for work of general utility. This is owing to the chairman and the other members of the Board doing a large share of the work themselves which is ordinarily performed by clerks and - surveyors —a circumstance which might with advantage be kept in view by other Road Boards. On the Chairman calling on the meeting to elect two persons to serve as members of the Board, three candidates were proposed. The question of rates was very freely discussed, and a very general feeling prevailed against the imposition of rates, so long at least as the present apparently unequal distribution of the grant of public money to the various districts obtained. The Cust district was instanced as receiving only about half as much aa come other districts, although possessing a very much larger extent of freehold property. This latter circumstance appeared to give great dissatisfaction, and it was resolved to petition the Provincial Council .at its next sitting on this matter. Messrs. McVicor and Morrison were"declared elected, and after the usual vote to the chairman, the meeting separated. At the close of the meeting of ratepayers, a meeting of the Board was held, all the members being present. The question of greatest interest was the proposed bridge across the Cust, on the line of the main road from Rangiora to Oxford. There appeared to be but one opinion as regards the great publio usefulness of this work, and the chairman was requested to communicate with tbe Rangiora and Mandeville Road Board on the subject, and to state that the Board would assist to the extent pf the means at ita disposal in carrying out the work The Board then adjourned till Tuesday, the 14th instant, at the usual hour.