General Assembly.

Clutha Leader, 20 September 1878, Page 1

General Assembly.

, THQRSDAY, SEPT. 12. Mr Barton presented petitions from 396 Catholics of Wellington and 109 of Wanganui praying for. Government aid to their schools. The Hon. W. Fox gave notice to move for a select committee to inquire into the retirement of Messrs Searancke and Baird from Government service, and the dismissal of C. 0. Davis and Grindell, and the cancelling of their licenses as interpreters. Mr Barff gave notice to move that goldfields revenue be considered counties revenue, for the purposes of the Financial ■ Arrangements Act, 1876, * The Hon. J. Sheehan, in reply to Mr Wakefield, said the Government did not intend to go on with the Licensing Bill this session. In reply to Mr Sutton, the Hon. J. Sheehan said if the House would sit on Mondays he would make his statement on Native affairs on Monday next, and would practically move the second reading of the Native Lands Act. Several Bills were read a first time. On the motion of the Premier, it was agreed that the House for the remainder of the session sit on Mondays at 7.30 for the transaction of Government business only, and that on Thursday Government business take precedence. The Hon. J. Sheehan, in reply to Mr Pyke, said action had been taken during the recess ' to improve the condition of police by demilitarisation, and other arrangements had been made to remedy the grievances complained of. Mr Green moved — "That the House will, on Wednesday next, resolve itself into committee of the whole to consider a respectful address to the Governor requesting him to be pleased to make the necessary provision fo^ the construction of a bridge across the Taieri river at Hyde." The Hon. J. Macandrew could not support the motion. If the proposal were agreed to there would be at least fifty applications, which would require about half a million of money. After a discussion the motion was lost by a large majority. Mr de Lautour moved the second reading'of the Judicial Commission Bill, after explaining that its object was to ascertain by commission the authority of judges of the superior courts, and especially the authority by which Mr Barton was committed to gaol for one month. Though the Bill was drafted with every care to avoid making any direct or indirect charges against any of the judges of the Colony, he argued it was only proper the people of the Colony should have the power by means of their representative institution of Parliament, to remove any judge for misbehaviour by an addaess to the Governor. The hon. gentleman ai'gued there was no law in England investing judges with power of committal. Any powers they possessed dated before Magna Charta, and the judges contended that Magna Charta confirmed that power, and Blackstone argued it was absolutely imperative that judges should possess such a power in order to maintain the dignity of the Court. It appeared to him that the power was arrogated by the judges, that the Court was the only judge as to what was or was not contempt of Court, and they claimed the power of inflicting what punishment they might deem right. He contended that such an arbitrary stretch of authority was exceedingly unwise. It was in fact a greater power than possessed by Parliament, and that brought them face to face with the fact that the lesser Court exercised greater power than Parliament — the highest Court of the Colony. The judges claimed to possess these powers by Statute, though he believed they obtained them only by usage, and if one case was to be made a precedent for another, they would be almost certain to reach by a natural gradation . of steps the grossest abuses. The hon. gentleman argued at considerable length the necessity for Parliament watching with the greatest vigilance the powers exercised by the judges. He failed to see how the restricting of the present powers claimed by the judges could in any way impair their independence. The hon. gentleman read a portion of the correspondence between Chief Justice Arney and Judge Ward, and the Chief Justice and Mr Fox, with regard to the admission of Mr Smythies, to show that Constitutional law and usage were against allowing a judge to exercise the power of suspending any barrister unless for malfeasance. The hon. gentleman went over the whole circumstances which led to the fracas between Mr Barton and the judge, and the imprisonment for one month to which Mi 1 Barton was sentenced for contempt, in order to show that there was justification in asking for an inquiry into the matter. The powers claimed by the judges were exactly analogous to the royal prerogative claimed by royalty in times past. The hon. gentleman spoke for nearly two hours. The Hon. J. Sheehan thanked the hon. gentleman for the calm and remarkably able manner in which he laid the whole case before the House, but in consequence of the hon. gentleman's speech being of so elaborate a nature, abounding as it did in quotations, authorities, and references, he thought it would not be asking too much ': to ask the adjourning of the debate to enable them to see the whole speech in black and white, and have an opportunity to master the particulars of all the charges made. The question was far too important to be dealt with hurriedly. He therefore moved the adjournment of the debate till Tuesday next. The motion was agreed to, all correspondence and papers connected with the matter to be laid on the table in the meantime. The Milton Athenaeum Bill was read a second time. On the order of the day for the second reading of the Local Harbour Bills, the Native" Minister explained that the Government intended to oppose these and all sunilar t exceptibnal measures, and that the '-■'■' Government would discontinue granting ;"■-' large, blocks of land unless the harbours were wanted for Colonial purposes. He ? would ask the House to set its face against it. * He moved that the Bills be discharged. ' Mr^O'Rorke then withdrew the Manukau k- Harbour Bill, and the following Bills were' ?] also withdrawn from the Order Paper i — "&■ Tauranga Harbour Endowment, Waikato [ Harbour Endowment;* Bluff Harbour Act . Makurangi,; Port Albert,

Matakana, Wade, Kaipara, Miranda, Hokianga, Mongonni, Wangaroa, and the. Bay of Islands Harbour Endowment Bills. ; The debate on the second reading of: the Triennial Parliaments Bill was resumed. Messrs Bunny, Hursthoase, and Henry opposed the Bill on the ground that it was not asked for by the country, was not required, and entailed too much expense upon working men and poor candidates. Sir R. Douglas considered triennial Parliaments would lead to a system of delegation instead of representation. Mr M'Minn argued from experience that the expense need not be so great as made out, and people in his district had for years cried out for triennial Parliaments. Mr Murray would propose an immediate dissolution if the Bill was pushed. Messrs Saunders and Feldwick supported the Bill on the ground that it would have a most beneficial effect alike on the people and their representatives. Mr Woolcock opposed the Bill on the score of useless expense being entailed, and that it took about three years' experience of Parliamentary affairs before he began to feel himself of much use beyond his mere voting power. Mr Sutton moved the adjournment of the debate, and the House divided, the result being ayes 20, noes 23. Mr Barton opposed the Bill, remarking that triennial Parliaments would result in the House ' being make the stronghold of the rich. Mr Fitzroy supported the Bill. Mr Pyke said that in supporting this Bill the Premier was striking a blow at democracy, which would become a dead letter in New Zealand the day this Bill became law. He felt it his bounden duty to protest against the suicidal policy of passing such a measure as this. Mr Rowe moved the adjournment of the House. The Speaker explained that if this motion was carried the result would be to shelve the Bill. The Hon. J. T. Fisher would support ! the Bill. The House divided on the motion for the adjournment, the result being ayes 19, noes 19. The Speaker gave his casting vote with the noes. Mr M'Lean moved the adjournment of the debate. The House divided with the result, ayes 22, noes 19. The debate was adjourned (after several divisions as to date) until Wednesday next, at 11 p.m. FRIDAY, SEPT. 13. In the Legislative Council — Leave of ahsence was granted to. the Speaker for a week. The Hon. J. Hart moved—" Thai proprietors of land dividing the same into townships should be compelled to set aside a proportionate part for recreation and other public purposes." — Agreed to. The Hon. W. Baillie moved the second reading of the Land Drainage Bill in a short speech, and was followed by the Hon. Mr Waterhouse, who opposed it strongly, and concluded by moving that the Bill be read that day six months. The Hon. J. N. Wilson suggested the withdrawal of the measure. The Hon. Mr Waterhouse's amendment was carried, and the Bill thrown out. The Council went into committee on the Brands Registration Bill. The postponed clauses 3, 8, and 9 were discussed at length, and clause 8 (brands) was further postponed. After a long discussion clause 9 was struck out, and a new clause substituted. The same course was taken with clause 16. In the House of Representatives — Mr Murray asked if arrangements would be made for introducing the American system of baggage checks on the New Zealand Railway ; for the sale of railway tickets at other places than railway stations, and also if arrangements would be made with steamship companies to run at reduced rates between Wellington and Lyttelton, and whether there would be any objection to utilising the Hinemoa for that purpose. The Hon. J. Macandrew said the Government desired to make all the improvements possible, and with that view would consult the Commissioneas of both Islands as to the second question. Arrangements were now being made for the sale of tickets at other places than railway sta.tions. As to the other matters inquired about, he thought it would be better to defer them for the present. Mr Richmond asked if, in the event of the Government not proceeding with the General Licensing Bill this session, what steps they intend to take to place the various Licensed Victuallers' Associations in the Colony upon an equal footing by equalising licensing fees 1 The Hon. J. Sneehan said they would not deal with the matter piece-meal, and if the Government were unable to bring in a general measure this session the question would have to stand over till next session. The Cemeteries Management Act Amendment Bill was read a second time. On the motion for going into Committee of Supply. Mr Woolcock raised a question in connection with the finance of the Colony, by pointing out that the disbursements being made as aid of Counties were not being expended for the common good of the country. Out of the 52 counties in the Colony, and out of the sum of L 113,485, ten counties received each of them for the half-year L 11,378, leaving the other 42 counties something over L3OO each. This was the nest egg he referred to some days before, as he held that the expenditure of this money did not benefit the Colony as a whole, as it was spent in counties that could do without it. He thought the House ought to stop the expenditure, and hand it over to the Treasurer. After giving other instances of how like savings might be effected, the hon. gentleman concluded by moving — " That, in the opinion of the House, clause .6 of the Financial Arrangements Act, 18*76, Amendment Act, 1877, should be repealed." The Hon. J. Ballanee pointed out that it had been decided last year that 20 per cent, of land revenue be handed over td localities, and when a compact was made with certain portions of the Colony one year, it was noc conducive, to public confidence to upset such a compact the next. While admitting there, was much justice

Tiie Municipal Corporations Bill was read a second time. The Repeal Bill and the Administration Bill were advanced a stage. In the House of Representatives — Mr Barff presented a petition from 400 Catholics, 'praying for Government aid to their schools. Mr Tole presented a similar petition from the Auckland Provincial District. Mr Montgomery gave notice of an amendment in the Electoral Bill to prevent electors voting in more than one electoral district, with various other disqualifications. Mr Swanson asked the Government whether they intend taking steps to regulate the laying-out towns by private persons so that a proper proportion of such towns may be set aside in most suitable places in them for such purposes as the following : — Endowments in aid of local rates,, reserves in and around the town for health and recreation, proper space for schools and playgrounds, sites > for mechanics' institutes, museums, town halls, courthouses, post, telegraph, and police offices, reformatories, fire brigade stations, drillsheds, &c. ; proper provision for the width of streets, water supply, drainage, and, generally, that suitable provision is made for the health and good government of the inhabitants. The Hon. R. Stout said the Government had no power to take steps to carry out what was required unless authorised by the House. When the present Act was passed through the House, a provision for that purpose was struck out. They would, however, consider the matter during the recess. The Premier promised to lay the returns previously asked for with reference to the Hinemoa upon the table as soon as they could be prepared. In Committee the Electoral Bill was considered and some progress made. At the evening sitting, Mr Sheehan proceeded to deliver his statement on Native affairs. He referred to the peaceful and satisfactory state of the relations with Natiyeg«|j ltd the well-grounded hopes that mig|||ra| mJos entertained of gradually elel|||§| |||> Natives to a condition approl|||||g| |j|j&t of Europeans. He referred |||p| |ll| cr y unsatisfactory 'state in whic^^^^^tions of Native Land purchase^^t^pa|veys were when he took office, as this that he said large bloeks^^^^^^ated land had been left untouc^W^^Kapparently unclaimed so long th^^fe^ p)ris thought they had become. |||i.. On the. whole he thought l||| ji| |p|emerit of Native affairs previousli|| Ifpirecr a want of nerve and fb'mnegi^Pl^feiliought he would be able tojshl mffl^p|| Government had

Natives in the Legislature, and generally to show the House that the conduct of the present Government had been such as to justify the belief that they were worthy of being still trusted with the management of Native affairs. He quoted statistics to /show that the Mapri race was slowly but surely approaching extinction. Since, 1874 the race decreased by 1966 persons. He attributed this to want of proper care for the very young and the neglect of their old, their poor diet and habitations, their indulgence in liquor, and their wellknown communistic habits arid depraved way of living. A hopeful sign as against all this was the fact that the half-caste was of superior physique to either the Maori or European. There was also a considerable revival in the direction of religion, [he having seen four different forms of worship going on at the same time in one enclosure, but this was a matter the Gov--1 eminent should not interfere with. The \ good effect of this had been seen in the influence of Te Whiti in restraining the violent propensities of some Natives. Exceedingly hopeful, too, was the decrease in the taste for strong drink. During four days of the Hikurangi meeting not a | single Maori was drunk, and the consei quence was a general improvement in their appearance. The Maoris were healthier, better dressed, and altogether happier. He ' would not prevent Maoris obtaining a glass of liquor in European settlements, but they would ask the assistance of the House to prevent the use of alcoholic liquor in Native settlements. As to education, there were sixty schools, with an attendance of over two thousand children. They proposed to spend ;L14,000 this year on Native schools, by raising the price of teachers so as to get a better quality. It was also proposed to pxtend the system of boarding-schools for Native children, because when a Maori boy left school and went back to his tribe, what was there before Mm but to take up and follow the ways of his tribe. He strongly deprecated the action of religious bodies in regard to large trusts of land, and front the way in which these bodies neglected their duty in these matters Lt was time the State interfered to compel ;hem either to 'make proper use of these ;rusts, or give them back to the State. Ec proposed that the Maoris should be mabled to sit as jurors in a Court of Jusbice. Respecting representation, he ihought it would be better to confine the Maoris to that of freehold only. He b°,ieved they were now on the eve of a final tompletion and permanent settlement of >eaceful relations with the Natives. He ef erred to the negotiations with the Maori [ing, saying that it was the accession to ffice of Sir George Grey which led to the j-opening of negotiations, and but for hich there would have been no negotiaons. For days and days after they took 93.cc invitations to meet the Eing and his eo^jle literally poured in upon them, here was now an absolute certainty that ie proposals made at Hikurangi would be ccepted and made the basis of a permaent arrangement with the Kingites. The esult of the Waitara meeting was- ridiuled in some quarters, but he ventured o say that the Waitara meeting was the reystone of the question, and in proof of his he gave several instances of actions of :ordiality on the part of E-ewi, showing lis anxious desire to work in harmony vith the Europeans. Ever since, neither ie nor his people undertook anything of mportance without telegraphing to the Premier or himself. Then, he could point o the steamer built solely for the Maori rade, and owned by Rewi and other inLuential chiefs. In a few days concessions rould be made by which a line of road ,nd telegraph would be made where ritherto it had been impossible to do so. >o important did he consider their work luring the recess, that he felt that a secion of the members of the House seemed animated by a desire to belittle the results of the exertions of the Ministry in Native matters. In regard to Native land purchase, he could assure honourable members that although they had. only been some eight months employed there had been three times the quantity of land put through the Courts as in the previous year He proposed to increase the number of Native Judges, and abandon the system of purchasing or holding leaseholds from Natives if they could not acquire freeholds. Last year they prohibited every officer in the Native Department acquiring Native land. They now proposed to go further, and prevent every Government officer trafficking in Native land. Regarding the purchase of Native lands, 'there were at present (of the blocks in negotiation when taking office) 253 outstanding blocks of 3,143.000 acres, on which L 186,000 was paid, and to complete which L 593,000 was yet to be paid ; but he believed the Government would have to abandon some of these blocks, or make some different arrangements with the Maoris. He believed the Government would not be able to acquire the freehold of all the Hot Lake district of Rotomahana, but they would prevent its alienation to private 1 parties, and thus keep it for the use of the public. . Arrangements for Ohinemuri had been made, and the Governmenc intended to acquire its freehold. Coming to the Native Land Bill he proposed to introduce, they proposed to restrict their land purchase operations, and to allow no title to be completed by private purchase without passing the ordeal of the Governor in Council. Should the Government desire to obtain any block or blocks for the public they could do so by payment of the stipulated purchase money, with incidental expenses at the moment of purchase, or any portion of it on the same terms, or insist on the cutting up of the block into small allotments. The claims made by the South Island Natives regarding certain alleged promises made to them in regard to their land should be investigated. He hoped the time was not far distant . when Native questions would be no more, and the Native Department be abolished, and both races would be obeying one law and speaking one language.— (Loud applause.) The House then adjourned. :

Some officials have resigned and others, have been dismissed at the Auckland Lunatic Asylum. Dr Skae has assumed charge till other arrangements are made. [-'\ Mr Morton AUport died in. Hojjart ■Town on the 9thirist: KMr Allport's-rTame is well known on account of , r his ; exertions: in. connection wrtK ,;tti c acclima^aiaari of i the salmon in Tasmania, y ■ .c^^^i.