HOUSE OF REPRESENTATIVES.

Press, Volume XLVI, Issue 7384, 9 August 1889, Page 5

HOUSE OF REPRESENTATIVES.

Thursday, August 8. a> The House met at 2.30 p.m. || PETITION FROM AN ALLEGED LUNATIC, if A lengthy discussion ensued on the rel port of the Public Petitions' Committee ow the petition of Stephen Spalding, who! E rayed to be released from the Auckland; lunatic Asylum. The report was to the? effect that the petitioner- should bej examined by two medical men, to asl certain whether or not he was insanea During the debate Mr Pish stronglwj condemned the action of the Colonial Secretary, and said that if the evl dence disclosed to the Committee waX correct, it was perfectly monstrous thaK this man should be incarcerated in a»

asylum. He moved that it be an instruj tion to the Government to carry out tli recommendation of the Committee. I

Mr Hislop explained that Spaldinaß suffered from lunacy of a very dangerous® character, and he had destroyed a jrreafp deal of valuable property in He had been found by a jury of htjft conntrymen, and on medical testw* mony, to be insane, but immediateltff after being put in the Asylum he declares! that he was not insane. He (the Colonij® Secretary) had personally seen the maqf when in Auckland, and he had come til

the conclusion that he is as insane as M man can be. However, he was perfectJjf willing to have Spalding examined by twi other medical men, and on receiving cheus report he should determine what can Is done ia the case. Sβ Mγ Fish thereupon withdrew his resolnl tion. M Mr Lawby said that from personal knowledge he could assert that Spaldiflfe had committed arson of a very aggravated, character, and had afterwards told him (Mr La wry) that he was insane, and woufd be insane all his life. | The report was then ordered to lie on the table. ' ; ■ - '-'">!• THE CASE OP LOUIS CHEMI3. ,i Replying to Mr Hutchison, The Premier saitf. that there was no .precedent for making; public, *ihe affidavits and other documents used purpose of obtaining a reprieve in the case of Louis Cheniiis, but, of course, if the House decided on it the papers would be laid on the table. Mr Hutchison moved the adjournment ot the House, and contended that it was highly desirable that the whole of these papers should be laid before the House. He spoke at some length on the question as to whether there was any precedent for the exparte argument addressed on behalf of Chemis to bis Excellency the Governor. Sir H. Atkinson submitted that the exercise of personal acts of the Governor had no right to be discussed by the House. If it were a case where the Governor consulted his Ministers it would of course be a very ditFerent matter.

Thc Spkakeb held that the Governor in the exercise of his prerogative of mercy could not; be called in question in the House. So far as he was aware the Governor exercised that prerogative indeSendent of the Executive, and it was irect from the Crown.

Sir G. Gbey submitted that any inter ference of the Crown with the courts of the colony was amenable to discussion as setting the laws of the colony at defiance. Sir H. Atkinsox suggested that a Committee be appointed to consider the whole question. He said it had been a matter of great difficulty as well as serious responsibility to him lately, and he had been for some time engaged io looking; up all the cases he could find bearing on the subject. The proceedings connected with the case were perfectly regular. Prisoner's counsel had repeatedly asked to be allowed to see Chemis alone, and the Government referred to New South Wales, and ascertained that under no circumstances was counsel allowed to see the prisoner alone after conviction. They decided, however, eventually to allow Mr Jellicoe to see the prisoner in the presence of an official, and Mr Jellicoe afterwards made an application to be heard before the Executive Council. After consideration, the Government felt that if Mr Jellicoe was to be heard before the Council the Crown Solicitor also should be heard, and they therefore refused that application. They told Mr Jellicoe, however, that he would be heard if he could adduce any fresh facts in the case. His Excellency went thoroughly into the case, and made every enquiry, the whole of the affidavits being also before him, and a decision was afterwards come to in the regular way. He (the Premier) would like to see a Committee appointed to consider the whole question, as he thought it was one which the House ought to take up. He felt also that a Committee of that kind would approach such a serious question in a proper spirit, and would endeavor to ascertain whether such proceedings should be amended; also whether a Criminal Court of Appeal could not be set up to decide a question of this kind-

Mr Hutchison went on to comment on the action of the Executive in first refusing to allow Mr Jellicoe to appear before the Executive, on the ground that; they would be constituting themselves into a court of law, and yet on Monday last the earne counsel was allowed, to address the Governor and the Premier for three hours at Government House on behalf of the prisoner. Sir 11. Atktnsox rose to a point of order, as Mr Hutchison was calling his Excellency's action into question on the floor of the House. The Speaker said he had already ruled that the Governor's action in exercising his prerogative of mercy could not be discussed. Mr Hutchisox said he had not come to the prerogative yet. He submitted that no counsel who was worth the stuff: of which his govra was composed could po_ssibly make an address of three hours without making some impression. He concluded by saying that he hoped the Government would allow all the papers and alUd&vits connected with this case to be laid on the table cf the House, as it cuuld not be considered to be satisfactorily closed, and the pabJic would not allow it to be closed. Sir G. Grey supported the appointment of a Committee, which he thought would accomplisli a very great end. Questions of this kind should undoubtedly be decided by a Court to be set up for the purpose. Beplymj? to Mr Hutchison The Premier said he should state tomorrow whether the papers would be laid on the table. The nio,t£ou for the adjournment of the House was l<jgt. ■i/ ■*••* QUESTIONS. Mr GuisnsEss asked the Government Wnether they will bring in a Bill this session to provide, for the completipaof

the Greymouth-Hokitika Railway on similar terms to those proposed in connection with the Otago Central Railway. Sir H. Atkxssox replied in the negative, but said that the Government proposals for this line would be found in the Public Works Statement.

Mr Fisher asked the Government whether it is intended to introduce a BUI this session to give effect to the report of the Commissioners appointed to enquire into the management ox the Lincoln School of Agriculture. Mr Hislo? replied in the affirmative, and said that a Bill would be shortly introduced. Mr Rhodes asked the Colonial Secretary whether he will introduce a Civil Service Bill this session. Mr Hislop said that a Bill had been prepared, and the Govern raeut hoped to be able to pass it this session. Replying to Mr Fulton, Mr Fergus said the Government were considering the Local Option question, but he feared they could not introduce a Bill this session dealing with the resolution passed by the House on the 17th July lasl. The House rose at 5.30 p.ra. " 'The House resumed at 7.80 p.ra. MUNICIPAL CORPORATIONS ACT. On the motion for the second reading of the Municipal Corporations Act Amend-; ment Bill beine: called on. \j Sir Fish rose to a point of order. He \ said Mr Perceval had this session already introduced a Bill to erect gasworks Christchurch, which had been ruled as aj private Bill, and he now, by a side wind,! endeavored to get behind that decision introducing the present Bill. .i Mr Perceval explained that in theformer case the Bill referred to Christ-? church only, whereas in the present Bill I he wished to amend the law for the colony. He submitted that there was'! nothing in the point of order. v Mr Fish said that private interests would be affected very materially by the passing of this measure unless persons interested in gasworks had a notice that it was about to be introduced.

The Speaker said that as this Bill was one affecting public Acts lie should allow Mr Perceval to proceed with it at present.

JWLr Perceval then moved the second reading of the Bill, explaining that its effect was to enable any corporation to erect gasworks, if desirable, in towns where gasworks already existed. As the law stood at present gas consumers were entirely at the mercy of Gas Companies, and he need not say that this was never intended. All he asked the House to do by the Bill was to give the power to Borough Councils to remedy this state of things by erecting other gasworks. He should ask the House to pass the second reading so as to emphasise the fact (that the present state of the law was unsatisfactory.

Mr Fish moved—" That the Bill be read six months hence." He looked on it as an unfair attempt to interfere with vested interests. The Christchurch City Council, he believed, had no intention of erecting gasworks at all. They simply wanted to hold this Bill in terrorem over the heads of the Gas Company so as to compel them to yield to their demands. Mr BatJCE thought that no valid reason had been given why this measure should be put on the Statute Book, and he should support the amendment. Mr Taylor supported the Bill. Mr Samuel hoped the second readings would be agreed to, and that the Govern!) ment iv the recess would give the subjeofi some attention, and introduce a suitably measare next year. j|

Mr Goldik also supported the Bill, Major Steward hoped that if th second reading were carried MrPercev< would accept the clause in Comraitte*

"That prior to erecting gasworks the cor poration should intimate to the existing Gas Company that they were prepared t< purchase from them." Mr Sbddon supported the Bill. Mr Fjsutius said that this Bill was uee< as a lever to confiscate private property; and he advised Mr Perceval, if he got thl second reading, to drop the* Bill, an| allow the Government to bring in a mea sure next year to prevent injurioui monopoly. Mr Allen hoped Mr Perceval would «ci an assurance from the Government thai they would bring in a Bill, He shoulc gladly vote for the second reading of thit Bill if he thought it would do any good. '■< The amendment was negatived, and thj second reading agreed to on the voices.

"on vhQ motion ~f6r~ the committal of the Auctioneers Bill,

Mr Fish opposed it at great length, and moved that it be committed that day three months. *

Mr Beeves (Inangahua) also strongly opposed the Bill. Mr Samuel said that the Bill was the result of a general desire on the part of auctioneers from all parts of the colony that the law should be assimilated, and although it was by no means a perfect Bill he hoped the House would allow it to go into Committee, where it could bo altered as might seem desirable.

The motion for the committal of the Bill was agreed to by 33 to 15.

On clause 16 being passed, Mr Samuel moved to report progress, which was agreed to, and the House rose afc 10.80.