EVENING SITTING.

Clutha Leader, Volume II, Issue 102, 23 June 1876, Page 3

EVENING SITTING.

Sir Julius Yogel obtained, without notice, leave to move for a Select Committee to consider certain provisions of the Disqualification Act as affecting several elections. Sir J. Yogel then referred to the irregular position in which the House was placed in opening the business of the session ; and in order to get back into their former position, he asked leave to introduce a Bill, which was granted, and

The Deputy-Superintendent of Wellington Bill was read a first time.

The Governor's speech was then read by the Speaker.

Sir J. Yogel then moved the adjournment of the House, and referred to Sir George Grey's motion, saying 1 it was usual for any member to give the fullest possible information regarding* his intentions to bring* forward a motion, especially one of so important a character. In this case the Government had been placed in an unfair .position. Before ifc was determined to take the division on the question he had assured hon. members that, no inconvenience or disadvantage would result from negativing- the motion of the member for City West. He was quite sure that in the interests of the Legislature it was well to draw a broad line of demarcation between the executive functions of the Government and the deliberative functions of the Legislature. He regarded the action of Sir George Grey as irregular and inconsiderate, arid wholly without precedent. The smallest a. ount of consideration the Government were entitled to expect was, that they should be given ample notice of the business to be brought forward, but where it was not only a want of confidence vote but culminated in a direct charge against the Government of corruption of the worst kind, then he put it whether the adoption of such a course was in accordance with that spirit of fair play which every Englishman was supposed to love. The practice of effecting surprise in parliamentary proceedings was much to be deprecated. Mr Holleston explained that though he was in the House during- the debate, he did not speak or vote, because he had hot then been sworn in. He agreed with |he Premier that surprises shonld not be' made, but the House had

a right to protest against surprises on the part of the Ministry, and the publication of these Orders in Council was the greatest possible surprise. He had interested himself greatly in the Piako Swamp transaction, and, spsaking from a thorough acquaintance with the whole circumstances of the case, he main 1 tamed that it waa Avicked and illegal The Rouse had already shown its opinion upon this question by rejecting- a Bill intended to legalise this very transaction ; and yet what followed ? Why, the most astounding and defiant act he had ever seen was the publication of these Orders in Council.

Sir Julius Yogel then gave his version of the Piako Swamp transaction. So far as his memory served him, it was to the effect that the land had been open for sale for many years, without any application for it coming 1 forward. He said that the Government were.desirous of promoting 1 settlement in the district in every way, that Mr Russell applied for this land, and finding- that thej r - possessed power to dispose of it, and the price offered was fair and reasonable, then they made, the arrangement. Personally, he had nothing- to do with the affair, excepting- that he was favorable to it. Many people, indeed, who were able to form an opinion upon the matter, believed that Mr Russell had made -an unwise speculation, and the Government a very good one. It was as yet uncertain how it would turn out. It was clear that the sale benefited the Waikato district, for none of its settlers, and they were most interested, had anything to say against the sale.

Mr Hees thought -that the Premier intended to carry on his system of surprises. He challenged the Premier to produce the advice given on this matter to: Ministers by the law officers of the Crown. He made bold to say that no lawyer in the Colony, or in the Empire, would dare to give such an opinion. If the Premier was not prepared to discuss the motion, why did he not prevent the discussion. The honorable member read, from Journals of House, the legal opinion of Izard to show that Ministers had not the power to sell the land, and they knew they had not the power to do so. He considered that the talk of Government as to vote of want of confidence was holding the worst kind of terrorism over the House. The hon. gentleman commented vehemently upon,the corruption and iniquitous practices, of the Government, and its rotten finance, saying that the Colony would have been a great deal better off if they never had held the reins of office. No Ministry, not even Walpole's, had so systematically broken their solemn pledge, and carried things with .a higher hand. He wonld not have spoken any more aipon the subject but for the attempt of the Premier to have the last word.

Sir George Grey said that the law under which these lands could be sold was very clear. The lands could not be sold before being surveyed, and must be sold by public auction, and onefourth of the money paid clown at the sale. As effected, none of these provisions were carried out. As for the argument that the aim of the Government was. to increase the population, selling 80,000 acres to one man was not tbe way to encorage population. The defence of the Premier was practically an admission of wrong-doings. If he had to live in Auckland under such a system, life would become a burden to him. He was prepared to sacrifice all he possessed in the world, even life itself, to put an end to such a system.

The Hon. Mr Atkinson pointed out that any one who had doubts as to the purpose of the hon. gentleman's motion, need have none now. From his speech it was evident he wished to remove them from office,, or else compel them to occupy it branded as corrupt. The hon. gentleman quite misled the House as to the legal aspect of the case. The Government was perfectly justified in considering- what. regulation was necessary to have the swamp opened . There was no manner of doubt that under the law (New Zealand Settlement Act), the Government had power to make the transaction, and the publiation of Orders in Council just before the opening of session, showed that they were not afraid to meet the House upon the subject. When the Piako Swamp enquiry was before tbe House last session, arid when every opportunity was offered for investigation, it was very singular that Sir George Grey could not be got to attend ; in fact, he did hot want to go. There was no doubt he had stolen a march upon the Government, and placed new members in a curious position. Had he been a young member, he believed he would have "been influenced in the same way. -- The House expected the Government to carry out the laws of the Colony, and under the law they had power to deal with the lands. He could only say that if any honorable niember believed of the ! Government one half that was said.by members for Auckland city, east and west, he hoped that he would lose no opportunity of voting against them. Mr Stout said . that when the li^gal opinion of Travers wns asked, .for, it was negatived by the Government supporters. They, however, brought in the opinion of the Crown Prosecutor, a servant of the Crown. The Government not only sold land in defiance of all law, but against the recommendations of the Government Surveyor, and

an enquiry should be held. The mere; fact of making- the Order in Council i was proof positive that the sale was ' illegal. If not, why have an Order in . Council at all? The way' things were being done seemed to indicate that the best thing to do would be to give Ministers a lease of office for five years.

Sir D. M'Lean said, with regard to the composition of the Committee, the names were submitted to the member for Auckland, and he approved oftliem. Mr Reeves, of Canterbury, who took a great interest in the matter, was in? vited to form one of the committee, but he declined.

Sir George Grey said the reason why himself and Mr Reeves would not serve on the committee was that it was an unfair composition. They knew no justice could be obtained from it.

The matter was allowed to drop, and the House adjourned at 9.40 to 7.30 p.m. on Wednesday.