The Press.

Press, Volume XL, Issue 5904, 15 August 1884, Page 2

The Press.

FBIDAY, AUGUST 15, 1884.

One of the questions to which promisesce Is being gives is some qsarters just sow is the necessity of passrag an amendment of the Disqualification Act, in the event of the Hen. E. Bichabdbov being willing to accept the Chairmasship of the Middle Islasd Bailway Board of Management. It is somewhat premature, perhaps, to enter upon the consideration of esch a matter. The Government who propose to create these Boards of Management can hardly be said to be safe in their seats yet, and even if Bafety in that respect were assured, it by so meass follows that the New Zealasd Legislature will cossest to a proposal of the kind. It ifl trna that during the ate elections a good many caadidatea expressed themselves in general terms as favorable to ssch a project. But the ascent was almost always gives is such a form as left the candidates quite free to deal with any particular proposal on its merits. And it is whes the attempt is made to pnt in the form of a practical measure the vague ideas of the trading community that the real difficulties will present themselves. We have never seen sketched out in detail asy plas for vesting the management of onr railways in a Board which could bear the test of practical application. The difficulties of obtaining ench a control over the doings of the Boards as would give to the Colonial Treasurer some reasenable security that he would be able to regulate his finance on a sound basis, and at, the same time to leave those Boards free. from political itfluence, are much greater j. than most people appear to imaginei Neitter do we at present propose to disj cuss Mr. Richabdson's special qualifi-? cations for the office of Chairman of one! of tho Boards. We have already ex*| pressed the opinion that, as Minister of a Publio Works, he has long ago earned aj colonial reputation, and that he is generally \ looked upon throughout New Zealand as* well qualified for the position he now occupies. But a very mnch wider question is raised when it is suggested that, in order that he may be placed at the head of the j proposed Middle Island Boaid, the Disqualification Act should he amended so as to exempt him from its operation. For onr own part we never were great admirers of that parties'ar measure. The special provisions dealing with members of Parliament were the result of what was described at the time as a very acute paroxysm of virtue brought on by some Ministerial disqualification business or other. We felt at the time that the proposal indicated a " virtue of anything but robust constitution—rather squeamish in fact and valetudinarian." It was admitted, however, that the House was the best judge of its ows character, asd as a large majority decided that some check was necessary upon the billet-bunting propensities of members, wo agreed that it was not for journals, that regarded ihe putity of the Legislature as of vital importance, to oppose these plans. The clause in the Disqualification Act which would apply to the case under coosiderashall within twelve '■months after he ceases to be a " member of the and Council or " Honse, be capable of being appointed a " civil servant, and if he be so appointed " he shall be snbjeot to a penalty of fifty " pounds for every day he remains a civil " servant."" The clause was originally introduced by Mr. Montgomery in a Disqualification Bill in 1876. In the course of his remarks os the measure the member for Akaroa said," It must have been noticed that during the elections it had been said by many people that candidates frequently sought to be elected is order to get a' billet.' This frequently operated to the prejudice of very worthy men who did not intend to make nee of their position as members to secure such advastages. . . He had be6n informed by a gentleman of whose veracity there oonld be no doubt, that there waa a vacancy is the Civil Service not long ago, end no fewer than eight members of Parliament applied to him for it" Other members spoke is similar strong terms of the proposal. Amongst others, Mr. Stout supported it very warmly. "He did not wish," he said, "to biisg names or office before tbe Honse; but he wonld say that in the last Parliament there were members who applied to the Government for effice. That was an undeniable fact, and Ministers could not deny it. . . He wonld say, further, tbat one had only to lock at the history of the colony to see this extending. They had seen a Minister of the Crown appoint himself to office. They had bad that done in New Zealand, and they had also seen a Minister of the Crown making a bargain that he should. be appointed to office before be resigned the Premiership." We have given the above quotations to show what the reasons were which led tbe Legislature to press the special clause is the Disqualification Act dealing with members of Parliament. Certain exceptions i were, however, made in the Actof 1876 by the Honse. Amongst others, the law did not apply to any person accepting tha office of Judge of the Supreme Court or of Agent-General of tbe colosy. These exceptions wore, however, in reality the greatest blots is the measure. The new rule should have been made absolute, and enforced impartially all round. In 1878 an amending and consolidating Act was passed, when the exceptions were limited to the Attorney-General of the colony, who was allowed to accept the office of Judge of tho Snpreme Court, and to any person accepting the office of Agent-General of the colony. When the period arrives for making the appointment, it will be time enough to consider whether Mr. Bichabdson's qualifications for the office of Chairman of the Bailway Board are so special as to justify ihe House passing an Act to enable him to take the office. The Hoose will have to decide whether a measure to which co mnch attention haa beea given from time to time should be set aside the momest it is found to work inconveniently. When considering the question of exceptions st the time the measure waa before the House, we pointed out that any restrictions im- i posed on the Government in the choice of officers might occasionally be found inconvenient It must, we said, occur now and then that some one whom they might prefer to appoist waa disqualified. That wai not a eontinguen y peculiar to the two offices we were then discussing— the office of Judge of the Supreme Court and the office of Agent General. There were others which it was of the utmost importance to fill with the best men that eonld be obtained; and there would always be a risk under the measure-that

at the moment of a -vacancy the beat man—the man whom the whole country would wish to see appointed—might be in Parliament. That risk was, however, deliberately incurred, and with a full knowledge of the difficulties which w juld occasionally arise.