WEDNESDAY, AUGUST 24, 1892. THE CONSTITUTIONAL QUESTION.

Evening Post, Volume XLIV, Issue 47, 24 August 1892, Page 2

WEDNESDAY, AUGUST 24, 1892. THE CONSTITUTIONAL QUESTION.

4 An utterly wasted day. Snch is the record of yesterday's proceedings in the House of Eoprosentatives. Tho debate was of no more practioal benefit to the country than any of the discussions which take place from timo to time in Mutual Improvement Societies, on abstract principles. Mr. Rolleston's pretence of discussing tho subject apart altogether from Party feeling, was a hollow mockery. The only thing there was to discuss was essentially and in every respect a Party question . The Governor's action was not open to review. That of the Ministry in retaining their seats after thoir advice had been rejooted was the main point to be discussed. If that be not a Party question, nothing else can bo regarded as one. Mr. Rolleston was not justified in raising a discussion a,t all if he shirked the responsibility of putting a distinct issue to the House, giving it a Party lead in the direction of direct condemnation of tho course pursued by Ministers. This he did not do. Mr. O'Conor's inconsequential amendment reduced the proceedings to tho level of a screaming farce. It was lamentable, however, to find Mr. Rolleston and so many membor3 of the Opposition allowing Party feeling to carry them into the lobby in support of an amendment in favour of a constitutional change which would be of incalculable injury to the colony, and entirely destructive of real representative government. Little as we like tho present Ministry, wo would rathor see it confirmed in the possession of power for the natural life of its members than see tho liberties of the poople and the government of the country placod at the mercy of an elected Upper House. Such a House would be the sole efficient repository of political power, if it were constituted. The Lower House would be reduced to the position of anonentity. Fortunately, the Honse last night apparently condemned any such change, although we doubt whether the division list correctly represents the views of many members on this question, if it wore raised in different form. Sir Geoeoe Grky's spooch last night was a great disappointment. A really able and learned disquisition on Constitutional principles was expected from him, and it was also anticipated that he would seize the opportunity of reviving his standing grievances against Downing-street. His speech was weak and inconolnsive — quite unworthy of the speaker and of the subject. The other speeches were of a debating society type, oxcept whero they were of a Party and personal character. Member after membor quoted all sorts of learned precedents from other countries, and cited innumerable foreign authorities, apparently to prove the impropriety of referring any question whatever to decision abroad, and to support the contention that we are a self-sufficient people, capable of evolving from our own inner consciousness decisions of infallible wisdom on every subject under the sun. It is not necessary to review the speeches one by one. Mr. George Hutchison's was probably the best of them all, and he dealt in a masterly manner with his subject, to the utter discomfiture of the Premier, who had, however, also spoken well from a certain point of view, although falling into the common error of proving too much. The point ho really most clearly established was that, according to all proper Constitutional rule, he should have resigned when his advice was rejected by the Governor. He appeared to plead, in extenuation of his departure from this rule, kind consideration for a strange Governor. It would have been inconsiderate, absolutely heartless, indeed, to have involved Lord Glasgow in a Ministerial crisis immediately on arrival, and have loft him without Advisers. _In tho noblest spirit of selfsacrifice Ministers had consented to retain office entirely out of consideration for His Excellency, The other speeches were

simply variations on tho?e of Messrs. Kolleston, Ballance, and Hutchison. Messrs. Seddon and Reeves, of course, attempted to answer the member for Waitotara, and what they lacked in argument they made up for in bitterness, but they added nothing to the facts of the case. We hold very strongly that neither tall talk nor erudite display on either side was necessary to a complete comprehension of the point's at issue, or a solution of any difficulty the question may present. We do not think that any man of common sense, with a mind unclouded by Party feeljntr, will have the {.lightest difficulty in arriving at a sound conclusion on the merits of the case. Ministers were not justified in refusing nine nominations to tho Council and insisting on twelve, if their only object was to ensure discussion of their measures in that body, or unless tho larger numbor was absolutely necessary to ensure the passage of Policy Bilk which they believed to be essential to the welfare of the country. If they insisted on twelve appointments as essential to carrying their measures, they should not have remained in office an hour after His Excellency's refusal of their advice blocked the way of their policy. When ho refused to do vhat they deomed necessary for the good of the country, they should havo declined further responsibility for the government of the colony. If the good of the country was not involved, thoy had no right to refuse nine appointments, or to complain of the refusal to mako twelve. It is not to be supposed that the Council is a refugo where a certain number of Ministerial supporters are to bo provided for. That thoy must provide for at least twelve indigent or hungry supporters is practically tho only excuse the Ministers have left it open to themselves to plead in justification of their insistance on twelve as against nine appointments. That disposes of one phase of the question. The other is even more simple. The Governor refused tho advico of Ministers because in the action he was asked to take he, as an Imperial officer, was responsible, as Lord Onslow put it without challenge from anyone, not to the New Zealand Parliament, but to the Crown, as represented by the Secretary of State for the Colonies. Ministers contended that tho Governor was bound by their advice, and could take no independent view of the matter as an Imperial officer. As tho Governor claimed to act on his responsibility to the Crown, and Ministers denied that tho Crown exacted any such responsibility, nothing could havo been more proper or unobjectionable than a reference of the ques* tion to the Crown itself. It is tho claim of the Crown which is really raised. The point is whether the Crown, through its representative, the Governor, claims tho right of judgment in this matter, apart from the advico of ita colonial Ministers. No power, save that of the Crown itself, can authoritatively or definitely determine the exact extont and nature of its own claim to power. If it, through its Secretary of State, declares it docs not claim such right and power, tho matter ends. Tho Governor, as the Crown's representative, will have no further standing in tho matter. Tho principal will havo renounced tho power claimed by the_ agent. If, however, the Crown directly claims tho power asserted on its bohalf by the Governor, who is to gainsay or question it i* If the Crown upholds the Governor's contention, tho claim is indisputable and must bo acknowledged. Ministers wero entirely right in agreeing to ask tho Crown to define its own claims and powers. This decision has boon most properly referred to the fountain head, the only source from which an indisputable decision could emanate. To talk of its being derogatory to a self-governing colony to ask tho Crown to say whether its representative, the Governor, has correctly interpreted the powers it claims through him, is the veriest nonsense. If there has been any action throughout this dispute derogatory to a solf-govcrning colony, it has been the action of the Ministry in retaining their places out of, according to their own pleading, kindly consideration for tho Governor. They havo allowed their sympathy to outweigh thoir duty, and have sacrificed their dignity and that of tho colony to tho indulgence of no doubt amicablo but most misplaced sentiment.

Our Parliamentary report will bo found on the fourth page. The s.s. Hauroto brpufrht 78 passengers from Sydney last evening, of whom 42 were for this port. She also brought 713 tons of oargo, principally Bugar and tea, and 5052 oases of fruit, of whioh 2G5 tons and 2682 cases were landod at Wellington. Tho Postmaster-General was a passenger by the Takapuna, which sailed for Lyttolton this afternoon. The insurance offices will closo at 1 p.m. to-morrow, on the occasion of tho intorprovincial football match. Sir George Grey and tho Premier havo accepted the offices of Patron and President respectively of the Eight Hours Demonstration Committeo. Messrs. T. Hogg and W. F. Johnson, Chairman and Secretary of the Committeo, waited upon both gentlemen last night, and obtained their consent. We aro sorry to learn that an old and respected settler in the person of Mr. Nathaniel Valontine is lying in a critical condition at tho Marine Retreat Hotel, Potone. Ho is suffering from a chost complaint. An enquiry into old soldiers', sailors', volunteors', and military settlers' land claims, will bo hold by the Commissioner of Crown Lands at the Education Board's offices on the 26th and 29th inst. Enquiry is made for a man named James Roark, who left Canterbury for Wellington October 29th, 1889. Was last heard of from Foxton. A Lyndhurst friend enquires. The New Zealand Shipping Company's magnificent steamer Ruahine will to-morrow be_ thrown open for public inspection. Contributions will be taken at the ship's gangway, and the proceeds will be divided between the local Seamen's Rest and tho London Seamen's Hospital. Tho Onslow Borough Council havo instructed Messrs. Thompson & Baldwin, who are conducting the prosecution against Messrs. J. E. Nathan & Co. for storing kerosene in a building close to the Esplanade Hotel, to presß for a minimum penalty only. The case comes on in the Magistrate's Court on Friday. It is understood that Mr. F. Penty will be a candidate for the representation of Cook Ward in the City Council. Tho many friends in Wellington of Captain Gray, Landing Surveyor at Dunedin, who piloted tho steamer Torranora during the work of repairing the Cook Strait cables, will regret to hear that he is still suffering acutely from tho effects of tho accident which bofel him on board the vessol, and has been ordered to take absolute rest for a month or two. He returned to Dunedin on the 10th inst. , bnt the injury to his leg 1 through tho cable slipping and jambing him against the bulwarks has prevented him from rosuming duty. His place is being taken by Mr. Ponn, formerly of Wellington. An accident occurred in the bush at Manakau on Monday, a man named William Coleman getting his leg brokon. Ho was brought down to tho Hospital yesterday. Another man from the same placo, William Forsyth, was also admittod to the Hospital yostorday, sufforing from tho effects of a out on the knee received some weeks ago. We aro glad to learn from tho Hawkes Bay Herald that tho fears which had been entertained for the safety of tho ketch Reliance were quite groundless. She is now on her way to Napier from Dunedin, and may arrive at any moment. It is understood that Messrs. E. Jackson, S. V. Burridge, and Honry intend to seek re-election as representatives for South Ward, West Ward, and North-East Ward respectively in tho Potono Borongh Council. It is reported that Mr. J. Hollard has made up his mind to seek tho suffrages of the electors of tho North-East Ward. We understand that Mr. J. E. Hume, of Wellington, has beon declared by tho New Zealand Amateur Athletic Association to havo forfeited his amateur status, through acting as captain of the New Zealand team in tho tug-of-war at tho Skating Rink. At a meeting of the Jubilee Committeo of Britannia and Antipodean Lodges of Oddfellows last evening, it was decided that tho first of a series of monthly social gatherings should be held in the Lodgeroom, Lambtonquay, on Friday, 2nd September. Tha residence of the Rev. T. H. Sprott (St. Paul's Parsonage, Bolton-street) has been connected with the Telephone Exchange. Messrs. J. Dunn, W. Littlejohn, and S. Dransfield, Justices, occupied the Bench at tho Magistrates' Court to-day, and disposed of the criminal business. William Con way, charged with failing to support his child, aged six years, was remanded till tomorrow. William Mudgeway pleaded Guilty to driving his horse at other than a walking pace round a street corner, and was finod ss, and 7s costs. A special meeting of the Petone Borough Council_was < held last evening for the purpose of considering mattors in connection with tho staff. Representatives of the press were not admitted, and no information regarding what was done has boon allowed to transpire. Councillor Henry was in the chair. The drawing for the magnificent 75 guinea piano, presented to their customers by Scoullar and Chisholm, took place at the firm's piano dep6t last evening. There was a large attendance of purchasers interested in the drawing, which was conducted under the supervision of Messrs. W. C. Chatfield F. W. Haybittle, and Captain Collins. The winning numbor was 16, the owner of which turned out to be Dr. Alexander, of Newtown, who is to be congratulated on having secured a fino instrument on such easy terms. We understand that Messrs. Scoullar and Chisholm are well pleased with the result of their enterprise, having disposed of a very much larger number of instruments than usual during the 12 months, besides which they certainly gavo a decided stimulus to the musical proclivitios of the public. Notice is given that nominations of candidates for three seats in the Karori Borough Council will be received in the Old Schoolhouse, Karori, at noon on the 30th inst. At the weekly mooting of the Star of Newtown Lodge, 1.0. G.T., held last night in the Temperance Hall, Adelaide-road, two candidates were initiated. After the business had concluded, the members occupied the remainder of the time with harmony— the singing of Sankey's Songs and Solos. The extravaganza " Selim and Zuleika" was repeated at the Opera House last evening by M'Lean's Young Australians, tho variouß songs and dances being given with great spirit. A word of praise is due to Master J. M'Conville, who enacted Osman Bey, in whioh character he sang " The Village Sohool" very acceptably. Tomorrow night the company will be unable to appear, the Opera House being otherwise engaged ; but on Friday " Selim and Zuleika" will be performed for the last timo, when His Excellency and Lady Glasgow will be present.

Their Honours the Chief Justice and Mr. Justice Richmond sat in Banco this morning for the purpose of hearing argument in the case of Pohuka Hapuka v Smith and others, a motion for a writ prohibiting the Native Land Court from enforcing an order mode in August, 1868, for the partition of the Waimarama, Waipuka, and Okaihau Blocks, Hawkes Bay, containing altogether about 35,000 acres, ainonfHt various hapns of natives, on the grounds that the subdivision was made unfairly, and wi hont tho consent in writing, as required by Aot, of the parties interested. Mr. Rees, of Anckland, with him Mr. Lusk) of Hav/kes Hay, appears in support of the motion, and Sir Robert Stout, with him Air. H. D. Bell, is opposing it. The case had not concluded up to the time of going to press. The delegates of the various Builders' and Contractors' Associations of the colony are to interview the A to L Committee of the House to-morrow, with regard to the Government Conditions of Contract, which they desire amended in several particulars. All the delegates are now m Wellington. Mr. W. A. Jinkins, the well-known theatrical agent, who since his last visit to New Zealand has made prolonged tours in India. China, and Japan, arrived from Sydnej by the Hauroto last night, to complete arrangements for the performances of the Cuttica Italian Company in this colony. It is the intention of the company to begin their tour in Auckland, and to open in Wellington about the fourth week in September. For_ the last twelve months or more the Italian Opera Company has been appearing in the Australian capitals, anl musicallyinclined travellers have brought over glowing accounts of its vocal and dramatic powers. The principals are— Signora Cuttica, priraa donna ; Signora Maffazoli, contralto ; Signor Cuttica, tenor ; and Signor loria, basso ; with Signori Travaglini, Sisco, Matiolio, and Krawkoski, as their leading supporters. Grand opera is the company's strong point, and its repertoire includes tho latest European operatic sensation, Mascagni's " Cavalloria liusticana," besides " Norma," " Aida," and " Lohengrin." The Wesleyan Schoolroom, Newtown, was well filled last evening, despite tho inclement weathor, when the scholars gave a musical and literary entertainment in aid of a contribution promised by tho school to- ; wards the building fund of the new church 1 which is now in course of erection. The items, which comprised songs, choruses, recitations, and instrumental pieces, were excellently rendered by the children, who, it may bo added, owe their training to Miss Hoskings, school organist, and Mr. Calton, Binging master. The entertainment -was such a success that it is probable another will be given at no distant date. Mr. T. Ralph, superintendent of the school, presided. Tho adjourned meeting of tho newly, formed Scandinavian Society was held last evening, Mr. Heiden in tho chair. The rules adopted by the committee sot up at the previous meeting wore adopted, and the entrance fee and weekly subscription wore fixed at nominal amounts. It was reported that the committee had inspected a number of premises suitable for club-rooms, and it was decided to secure the lease ot a building. After dealing with matters of detail the meeting was adjonrned until an evening next week. Tho tea-meeting at the Primitive Methodist Church, Webb-street, last evening was well attended. The ladies of the congregation supplied an abundant spread. The after meeting took the shape of a concert, at which the Rev. Mr. Ward presided. Somo really excellent singing, instrumental music, and recitations wero contributed by jllesdames C. Luke, Henderson, J. Luke, Ibbotson, Trim, Garles, the Misses Billman, Luke, Hill (2), and Ward, and Messrs. Wright, Billman, Trim, Ibbotson, Bclhvorthy, and J. Ward. Mr. E. Tennyson Smith gave another of his Gough recitals in the Theatre Royal last night, tho subject being "Man and his Masters." Mr. J. Young was in the chair, and introduced the lecturer. From tho manner in which tho oration was delivered, it was evident that it was no mere recital of tho wordß, but that tho speaker was in the fullest sympathy witli the words of the original. If it had not been so announced no ono would have imagined that Mr. Smith was reciting the words of another, so natural was the delivery. Tho representation of delirium tremens would cause many to shudder, while the " Miner's Speech " convulsed tho audionco with laughter. The rendoring of Gough's famous illustration of " Tha Rapids of Niagara " elicited a round of applause. At tho closo of tho lecture, a vote of thanks to tho Chairman was carried unanimously, and a numbor of persons signed the pledge. Mr. Smith gives tonight tho fourth of his Gough recitals. A special subject is advertised for Friday — "The Trial of a Notorious Criminal," in which Mr. Tonnyson Smith appears as counsel for the Drosecution. At tho Princess Theatre to-morrow a Christy Minstrel entertainment is to be given by tho Mikado Minstrels in aid of the funds of the Garrison Band. An entertaining programmo has been provided. Tho band will march from Martin's Fountain to the Theatre at half past 7 o'clock, and during tho evening will perform tho selection "Euryanthe," ono of tho gems of its extensive repertoire. Thero should bo a good attendance. The fortnightly meeting of the Union Debating Society will be hold this evening. Mombors of tho Star Boating Club are reminded of tho annual general meeting which takes place at the Club-house this evening at 8 o'clock. Potter & Parquhnr, Lumbton-quay, notify that they are offering the whole of their stock of Eiiirlisb, French, German. Austrian, and colonial boots mid shoes absolutely without reserve, at a genuine discount of 20 per cent. Thos. Bnllinger, plumber, notifies that ho having lost £212 2s Sd, a reward of 4s m tho £ will be paid to all cash purchasers of gas fittings, &c. Francis Sidey & Co. will sell to-morrow, at 2 o'clock, that valuable freehold estate knowu as Mrs. O'Shea's tiust. The property has been cut up into largo building allotments, and from the favourable position of the laud, considerable competition is expected for the variouß lots. An announcement of interest to butchers appears on our third pago. Cuningham, Badhara and Co. will sell by auction, at Ngahauranga, on Friday next, a mob of fat sheep. Noble Campbell A; Co. will sell to-morrow, fruit, &c. Churchword & Co. will sell to-morrow, fruit, &c. Remnants of all descriptions loft over from our big sale will bo in full forco this week. The variety in lengths, material, and quantity will afford an ample range of choice. The prices will bo such as to command a ready sale. We mean to clear them out during the present week, and would specially invite the public and all those who can appreciate indubitable bargains to visit the remnant sale at Te Aro House. Remnants there aro in evory department, but wo would ask more than usual notice of thoso in our dross and Manchester departments, as being suitable for all seasons, and honestly worth investment by the public of all the spare cash they may have. The remnants are of various lengths, running from ljyds to 9yds, and aro really choap. Half-prico is no mame for them, at the Te Aro Honse remnant sale. Remnants of Crimean shirtings, remnants of flannelettes, remnants of flannels, remnants of sheetings, remnants of galateas, remnants of dress tweeds, serges, cheviots, foule homespun, amazones, cashmeres, merinos, veilings, silks, satins, velvets, velvetoons, plushes, &c, are all irresistible bargains at the remnant sale, Te Aro House. Remnants to be had for tho asking by visitors, and specially for those who come early to the remnant sale at Te Aro House. — Advt. Persons resident as well abroad as in Now Zealand, who may be unable or unwilling for various reasons to undertake the administration of Estates in the Colony, or who may be in doubt or difficulty as to tho choice of Trustees or Executors, have a safe and convenient recourse in the Public Trust Office, which is established for the purpose of undertaking tho administration, not only of Intestate Estates, but of proportios governed by Wills, Deeds of Trust, &o. The fidelity of tho administration of the Public Trustee, the integrity of tho Capital funds for investment at his option, and the payment quarterly of interost on such funds, at the rate determined by the Governor-in-Council, are now Guaranteed by the Colony. This rate of interest has now been determined at 5 per cent, on so much of tho funds for investment as arising from one property as do not exceed .£3OOO, and 4 per cent, on the amount in excess of .£3OOO. For further information apply to the Agents of or to tho Public Trusteo, Wellington. — Advt. A new style of Boxing Glove is now being shown in the Manners-street window of Messrs. Wilkins & Field's establishment. It is called the "Pelican," after tho celebrated Club of that name, and should be a great improvement on the old style. The whole hand is thrust into the glove, and thero is a flexible bar to grasp. This does away with the division between the thumb and fingers, and the attendant liability to scratch. It is well mode, evenly padded, covered with soft tanned leather, and well finished. We commend them to the notice of all interested in the " Noble Art." — Advt. It may interest some people to watch the movements of a man who goes about studying bacilli or trying to catch microbes, but all persons are interested in knowing how to live well, and hitchen's blood restorer will fill the bill.— Advt. 1