LEGISLATIVE COUNCIL.

Dominion, Volume 1, Issue 47, 19 November 1907, Page 6

LEGISLATIVE COUNCIL.

THE LAW OF LIBEL. , ' , When the! Council met yesterday morn- ' ftigj the Hon. J. A. Sinclair asked the ques- ' jion of which he had given notice in regard ,; ' ito the law of libel. The Attorney-General, in replying, agreed that when an actipn was taken in respect of a news item that appeared in Several newspapers, they should oe allowed, on application, to have theso actions consolidated, and ' jthe damages, if any, properly ' apportioned ' among them. JHe quoted an instance in '.y';which a large proportion of the principal '[newspapers in Now Zealand and Australia "14ad to piy damages for treating as. correct j.;a cable message regarding a' lady appearing . / 'on the stage. He would urge his colleagues hto endeavour to amend the law as suggested, and to take into consideration tho i" ' question of a general revision of the law on 4ibel. He admitted that; the libel law in I'New Zealand was less logical and satisfactory / '■'than in England. , ' THE HIGH COMMISSIONER'S OFFICE. r The Hon. T. Kennedy Macdpnald moved: |f That, in the representation of the Dominion of New Zealand .in the Mother- ' country, it is desirablo that the following "/.[principles should obtain: (1) That each of (■the adult officers connected with tho High ['Commissioner's Department should have- a t-clcar knowledge of the Dominion, its people,' , |and its commerce, acquired by asufficient ' >period of personal residence. . (2). That there rshould be , a yearly rotation of capable Gor.vcmment officers betwccii the Dominion's ■cffice in London and tho Wellington Departments, so that in London there would always be found ono officer who has not been absent from the Dominion for more'than a' iyear. (3). That a greater effort should be imade to brings the commercial advantages jef trade with New Zealand more pioininently ®efore the business men of Great Britain, ; and with this view it would'be of advantago • !to remove tho High Commissioner's office •from Westminster to the City of London. '<4) That the office of High Commissioner for New' Zealand should not DC held continuously by.' the same gentleman for a longer period •,than . five years, as, after somo years' absence from a young country like Now Zea- . .land, where progress and development'is proceeding at a great rate, it is impossible l t<S . .-have an accurate knowledge of its people or its conditions." io.ng Absences from the Dominion. 1 The mover stated that the High Commissioner had been absent from the Dominion eleven years, Mr. Kennaway thirty-three years, Mr. Palliser twenty-two years, Mr. j'owe seventeen years. These were the men /who had to give information to people about \New Zealand, and he did not sco howi those who had been away so long could givo accurate information' about the presont condition of affairs in a country which had ■undergone such revolutionary changes in so ."'short a time. His suggestion of a rotation of J officers between London and Wellington was £3>'ased on the practice of the Australian Comanonwealth. Tho upstairs office at Wost- , /minster was unfavourably situated for a country that wished to attract coinmcrco and ./population. j.The High Commissioner. ■ ; i 1 While fully conscious of the abilities of tho flon. W. P. Reeves, ho (Mr. Macdonald telt .' JBure that Parliament never meant him to Continue in office so long as ho had done. -> Ho must now bo, except for his reading, as ignorant of the present condition of tho • Dominion as anybody who had never been here. He (Mr. Macdonald) did not know what the twenty-seven persona m tho office did. Visitors would say there wero only six or seven there. Reports on tho work of tho .... office Bbould be laid before Parliament each year. There was a difference of thousands between the total amount of the salaries, and the total cost of running the office. Me would suggest that tho High Commissioner's appointmont should be renewed, ■ at tho proper time, but for one year only. Some of the salaries appeared to bo low, and too large a proportion of young mon were employed. He thought the High Commissioner's staff should be included in tho scopo of the Public Service Classification Bill, Ministerial Reply. The Attorney-General, in reply, said that if the /resolution was carried it would amount to a declaration-that the Government was not.

conducting tho- High Commissioner's office in. a proper . way. The officers of. the staff, with few exceptions, wero employed in ordinary clerical work, which , djd: not rcquiro a special knowledge of. Now. Zebland. Tho proposed scheme, of rotation or-officers botween Wellington and London would involve having twenty-six mon travelling over 16,000 miles of land and water for tho purposo of adding up addition sums and .making,,fiwijlc entries m ledgers. It'would be a' very nice picnic for the clerks, but not: so satisfactory f° r tho' taxpayers. There was already 'an information bureau ■at the office, and he had s 'himself tested . it,' and . found . .the . 'information was given promptly and • accurately*." -We leaso of the- present offices would not' expire until September 1910. A removal'-.to the city, would be dosirablo,.>but'' would' add; enormously to the oxpensc, and-vtlierefore . the suggestion. could not be l entertained at present. ' The Best Books oir New Zealand. ' He was brought much intocontact with' the, Hon. W. P. Reeves,in'London, in 1902, and he man,-either in England or New Zealand, not'excopting'the Hon. Mr. Macddnold, .with! a better knowledge of New Zealand, its resources, developments, conditions,: and social movements, ' than Mr. Reeves. ■ His- writings, including , the best books ; tbfit"had- been about New Zealand, testified to his knowledge of the Dominion. It .should also .be ;remembered that- it waa necessary for the -High Commissioner to have a knowledge of England, go~ as to advise the Government. The Government received every year a full report of the .work of the office. It-was not laid before Parliament,-because'parts-of it were confidential, but ho had no- doubt Mr. Macdonald would be permitted to see it. Tho present term of office of the; High Commissioner would expire on June 13, 1908, and Mr, Macdonald's suggestions- would bo carefully' considered by the'- Government. He suggested to the mover that: he should frithdraw t)ie ! resolution.' Tho mover, consented to' this, course.

PUBLIC SERVICE CLASSIFICATION. The Public. Service Classification Bill was further considered in Committee.' The Attorney-General said he had consulted the Premier [on • tbe'Vniattcr of the salaries'of Legislative' officersy; and the Premier had; expressed his .willingness to place the Clerk and of tho Council on the Mmo Kasis in.Tekard'to salaries as the corresponding o fficc r.s of the' House of Representatives. The salaries of the' Speaker and Chßirman of Committees'could'not bo dealt with under this Bill. On the motion of. tho Attorney-General Clause 4 was amended to the first and second divisions of "the public service, and thus reduce .thivfoumber of divisions from four to three.' Clause 6'.was amended,,"on;- this; motion of the Minister; so as to provide officers of.'ijbo first division \yho.,are appointed to'the Pnblic Service Classification ! Board sliall be permanent heads, of departments. Temporary. Clerks.'..; ':., ' At Clause which' re&ricts--temporary appointments to a term of six: monthsj tho Attorney-General moved' to add a. new subclause authorising the Gdvernor-in-Cijnncil to make such appointments for' twelve months by Orderrin-Council •pnblished''iri the Gazette. He explained, that : ; this • was necessary for census, electoral, and other. work. The amendment was. carried... Consequential and machinery amendments were made, and tho Bill was reported, read 'a third time, and passed. PUBLIC;'R.EAI;TH BILL. The Public Health Act Amendment Bill was further,considered in Committee.The Hon. .C. M. Luke failed, to introduce a new clause creating an offensive trades area, at Petone. .. ' Some minor amendments, wero made and the Bill, was reported, read a'third time, and passed. CHINESE IMMIGRATION. The Attorney-General : moved the second reading of the Chinese Immigrants Amendment Bill: The Hon.- S. T-. ,George, said he- feared Chinese would evade the law . by escaping from'aboard ship. .. .. ' \ .

Tho Hon. F. TraskV who . said; he was the only champion of the in the Council, suggested that the Bill should .not-come into force for .twelve' months, so that intending immigrants would havo due notice. The Hons. W. W. M'Cardle and A. Baldey. supported the Bill, and the Hons. J. Ri'gg and R;' H. J. Reeves thought the language test.should include writing as well as reading. . .. ... The second.rcading-was/carried. When tho. Bill was in Cotiiniitteis,' tlie Hon. J. Rigg, with ; the support '.'of tho- Hon:' J: Paul, moved to make the? language-test' include writing 100 words of English as well'as reading'them, but 'this was. thrbwn out by eleven'votes against thrtfei y ; For the Royal Assent. , At the evening sitting,', the Hon. J. asked whether, the Chinaman,who; was appealing against a decision pf.,..the;yConefctorof. Customs, would stay until the". Stipendiary. Magistrate's decision , had.'bceu' given. He moved to striko. out the.i proviso giving the right of .appeal.' - The Attorney-General said' the Chinaman could stay on the. ship, andj the Magistrate could 1 go. aboard; . . Tho immigrant had an immediate right of appeal under the Bill, and this gave the Bill better chance of receiving the Royal assent. r A' gentleman having a very wide experience 'hnd told him that tbe "Bill would probably have to be reserved for the Royal , assent,., -as it • was fresh legislation involving. .international principles- and constituting! a ; departure from previous legislation. ' coiild increase tho ipoll tax, hut riot', impose d fresh condition without resorving.J the;:. Bill for tho Imperial'concurrence;, The Hon. Mr. RiggY amendment was . lost on the voices,: and the Bill;, was reported without amendment.! ; CO-OPERATIVE DAIRY COMPANIES. Tho Co-operativo Dairy Companies Bill was put through all'its stages; amendments' Agreed to. The amendments mado .by th'e House in the Infant Life Protection 'Bill and the Land Laws Amendment;' Bill rwero'agroed to. DIVORCE. I The Attorney-General, in moving the second ! roading , of • the -Diyorco and; Matrimonial Causes Act Amendment Bill, said it contained provisions for which the Government was not responsible'. He' referred to tho new clause making penal servitude for seven years for taking tbe life,.of . a child of ono of the parties a ground for divorco; and also the now clause making hopeless* insanity a ground of divorce. He would, introduce amendments to these .clauses. In regard to tho latter ho suggested that the fear that hor misfortune would lead .to a divorce might prevent a woman who was monttilly afllictod from recovering. .... The Hon. R. A. Lough'nan,supported tho Bill as originally drafted' arid opposed the two now clansc3. ' The Hon. J. R. Sinclair 'said, there was doubtless a good' deal of collusion between parties in regard to orders for. restitution of conjugal rights, but in the great majority of cases the parties had definitely separated before proceedings wore taken. ;Was it moral tof orce a spouse, who had refilled to return, to do so nnder the whip? The judges could be trusted to discriminate; . He objected to making insanity a ground" of divorce as it would add a new terror to divorce. Insanity was a misfortune, not' a crimo. A Medical View. The Hon. Dr. Cpllins said would be a retrograde step to make any disease a ground Jj>f ijivoree. A patient in, a mental hospital

might be unfavourably affected by tho suggestion that seven years' confinement would lead to divorce. ]f. one diseaso wore mado a ground for divorce there were other diseases which some people would try to have placed in tho same category. Ho noped tho clause would not he agreed to. The Hon. W. Bechnn was agninst the insanity clauso. The .Attorney-General said, that under the present law regarding restitution of conjugal rights which the Bill was designed to amend, it was possible to got divorce by mutual consent, and tho judges could not provont it. If tho period of five voars which wns necessary before a divorco could be obtained was shortened, tho parties to a somewhat ill-assorted marriage would not have the samo inducomont to try to mako the best of it. In Committee. Tho two new clauses wore strnck out and re-introduced in an ■ amended form by-the Attorney-General. The' riowly-drafted clause provided that a petition for divorce might bo made "on tho ground that tho respondent has been convicted of tho murder of a child of the petitioner or respondent." This was adopted. ' The Hon. J. T. Paul, J. flarr, ■ and C. Louisson approved of tho lunacy clauso. Tho Hon. 11. F. Wigram said that after hearing the evidence before the Select Committee, ho had decided to vote against the clauso, so that furthor inquiry could' bo made.-

Th'o Hon. Dr. Collins pointed out that very few of the inmates of mental hospitals wero absolutely non compos mentis, and the proposal that bad'been mado would lead to much suffering on the part of thoso people. Tho Hon. J. B. Callan opposed tho clause. Lunacy a Cround of Divorce. Tho clauso was adopted by 12 votes to 10. It provides, in its new fonm, that a petition for divorco may be made " on tho ground that tho respondent is a lunatic or person of unsound mind, and has been confined as such in any asylum, houso, or institution in accordance with tho provisions of tho Lunatics Act, 1882, for a period or periods not less in the aggregate than ton years within twelve years immediately preceding tho filing of tho petition, and that the respondent is unlikoly to rccover from such lunacy or unsoundness of mind."

A Safeguard. New clauses were also adopted on the motion of tho Attorney-General, providing as follows: "When the ground of any petition for' dissolution of marriago is tho lunacy or unsoundness of mind of tho respondent, it shall be tho duty of tho Solicitor-General to take on behalf of the respondent such stops in tho matter of "the petition as he may considor necessary in tho interests of the respondent."

The Attorney-General had previously explained that this provision would load to a Supreme Court inquiry being hold. Another new clause -.was added providing that the Act should come into operation on tho Royal assent being signified thereto. The Bill was reported, read a third time, and passed. OTHER BILLS. A number of local Bills were received from the Lower House and read a first timo. Tho Rangitatau Block' Exchange Bill was read a second time, a,nd put through its final stages without amendment. The Council rose at 10.15 p.m.