PARLIAMENT. HOUSE OF REPRESENTATIVES.

Evening Post, Volume XLVII, Issue 147, 23 June 1894, Page 4

PARLIAMENT. HOUSE OF REPRESENTATIVES.

Yestebday's Sittino. the tuapeka skat. Afler we went to press yesterday, Tbo Promior gave notice of a motion to h-ue a writ for tho Tuapeka seat on Tuesday. If tho writ were issued "forthwith," inconvenience would be caused, as tho rolls could not bo comploted beforo Tuesday. Mr. Duthio aßked why the writ had not boon issued earlier ? The constituency would now be disfranchised for three weeks of the BO3HIOn. Tho Premior said it was because the Speaker had not received a certificate of the death of the late member from the Regiatrar Uudor the Act of 1892 it was tho duty of the Registrar to send this certifica'e to the Governor or to the Speaker, and the Speaker had only just reooived it. Tho Speaker said he had not yet received any certificate. Mr. Allen said the Government was aware of tho (loath, and should havo taken steps to ?oe that the Regiatrar did bis duty. The Premier said had the Regiatrar sent his certificate, seeing that the Houae was mooting bo shortly after, the Government would not have acted upon it. Sir Robert Stout said that the question of the Registrar not having sontin acortifioate of the death did not affect the caso, as if ho never sont in his certificate the constituency would not bo kept unrepresented. The penalty was a fino of £5 a day, which would no doubt bo inflicted. The least tha Govornment could have done would have been to have sent notice to the Registrar that the certificate must bo sent. On the death of a mombor it was directed that the writ shonld 1)0 issuod " forthwith." Ho conld not understand why tbo rolls were not in a fit state, aB thero waß no power in the Licensing Act to strike off the names from the roll. In reply to Mr. Buohanan, the Premier said there was official information that the rolls woro not ready. Ab to the Registrar of Deaths, if tho Government bad telegraphed to him and asked him to aend the certificate ho would no doubt havo Bent it. In the case of the Waitemata seat the Government took Btepß to fill the vacancy. Sir Robert Stout bad expressed an opinion in regard to that, that tho Government shonld have left it to the House. Sir Robert Stout said that was a different case. Mr. George Hutohison, referring to the Tuapeka seat, said no certificate was necessary. The Act 1 required the Registrar of Dontbs to telegraph to the Government within 12 hours of the death of a membor. If the Registrar did not do thia it was the duty of tha Government to have reminded him of his dnty. Tho Premior, who had been handed a note, said that this matter was iv the Colonial Secretary's Department, but ho had just boon informod that on hearing of Mr. I'yko'a doatb, Mr Pollen, Under-Secrctary in tho Colonial Secretary's Department, had telegraphed to tho Registrar notifyirg him of his duty. Mr. H Hutchison said that no doubt the Registrar of Deaths then did his duty, and it waa tho duty of tho Government then to issue the writ. By failing to do bo they had interfered with tho right of eleotion. The Minister for Education said tho Registrar, though telographed to, did not Bend notice, and the Colonial Secretary's Office had evor since been waiting for that telofrram. (Laughter.) . ,ip 801 l said he understood that the Premier waa continually shifting his ground. First he said the writ had not boon issued bocauso tho rolls woro not ready ; then, when that was challenged, he said it was because tiio Regiatrar had not notified the death ; and thon ho anid that ovon if tho Registrar had notifiod the death tho Government would not have acted. Mr. Steward said he draftod the clauso in quostion, and it was intended that as soon as a death bad oocurred the Registrar should notify it, in order that there might bo no tlolay in the filling of tho Boat. If the officer had neglected his duty then he was liable to a fine of £5 por day. Mr. Button said the Premier had taken the responsibility of the delay, and attribnted it to the state of the rolls. But the rolls wore closed directly a writ was issued, aud no names oould bo added to them. Were elections, then, to bo delayed till rolls wore prepared ? Thiß was a very serious question. The rolls in the state in which thoy were when tho writ was issued were the rolls upon whioh tho election must take place. Was the Government justified in delaying the eleotion till the rolls had arrived at what it considered a state of completeness ? The motion was agreed to. THE WAITEMATA ELECTION. The Speaker read the report of the Judges on the Waitemata eleotion petition case, and the Premier moved that it be recorded in the Journals. In reply to Sir Robert Stout, the Speaker said be had just received the report from the Clerk of the House. Sir Robert Stout said tbat in that case the issue of the writ for Waitemata was illegal. It waa diroctod that the House should isaue a writ on receipt of the report. Thero was no power whatever vested in the Governor to reoeive the report of tho Judges. It could only go to tho Speaker, and the Speaker could do nothing iv regard to the seat until the House had expressed an opinion upon it. It was expressly providod that a seat should not bo vaoated by the Judges till the House had roviewed their decision. The House roserved to itself the right to deal with its own mombers. To show the absurdity of the position taken up by the Government— and ho did not blame Ministers, for presumably thoy had aoted on theadvioeof the AttorneyGeneral - it was only necessary to point out that after the new membor had been sworn in the Houae was asked to deal with tho roport upon which the soat was to be vacated. There had been a grave infraction of the privileges of the House, and the mattor was one which should bo dealt with by a Committee of Privileges. Tho Governor had acted aa Speaker and Houae combined. Under the circumstances the Government might lay on the table the opinion of its Law Officers as to how the Governors were to override the law. The issuo of this writ had not boen such a matter of urgenoy. Mr. Bell said the House had the privilege of deciding that a constituency in which corruption prevailed might be disfranchised. It was shown by the report of the Judges that there was corruption in the Waitemata, yet the Government had taken it upon itself to give this constituency a representative No doubt in this case the House would not have disfranchised the constituency. The point was bo grave a one that the Government should not regard it as a Party qnestion, but should admit that it had made a mistake. Mr. G. Hutohison said this was a matter affecting every member of the House, because it struok at the right of election. Probably the Government had aoted on the advice of the Law Officers, but that only widened the ground. Ihero wore two classes of vacancies. There wore cases of death, for instance, into whioh the Houao would not enquire at all ; but thero wore casos of corruption, such as the Waitemata, where the House might consider it necessary to inflict some disciplinary punishment on tha constituency and deny it representation, yet this right tho Government, by the iaaue of tho writ, had taken from tho Honse. The Judges would have sent tho report under seal to the Speaker, yet they found that before a Speaker was appointed that seal waa broken. It was a matter whioh should bo enquired into. The Speaker said the report waa received by the Clerk to the Houae some time baok, and never left his possession till he had handed it to him (the Spoaker) that day. Mr. Hutchison said in that case the Government had aoted with gross illegality, for the report upon whioh they had aoted some time back had only been received that day. The Premier, in reply, said a gentleman holding a very high position in the legal profession — a member of the House — had aaid the Government had acted rightly in wha,t it had done respecting the Waitemata writ. The provisions hon. members had dealt with had been repealed by implication Mr. Bell said there was a doubt. The Premier said- they bad given the electors of Waitemata the benefit of the doubt (laughter), and if tho same thing poonrred agt^n, being advised as the Governmont had beer advised, it would do its duty and hold the elation. They had boen condemned for not acting on tho knowledge of a death. They were either right in issuing the writ for the Waitemata, or thoy wore right in delaying the i.«sue of the Tuapeka scat. But in both cases they were condemned. Ho could see no difference botwoen a vacancy by death and such a case as had been aotod upon. They had information. Mr. Bell asked where they got tho information. s _ The Premier said that was not a fair question. The Government had not infringed any of the privileges of the House. Parliament had determined that the question of deciding eleotion petitions should be altogother removed from the floor of the House. The proper time to deal with the matter would be when the Eleotoral Bill, of which he bad given notice, would be before the Honso. > Mr. Bell explained that he had no doubt himself on the question, and only said there was a doubt because the Law Officers had expressed such doubt. Sir Robert Stout said the Premier had said that section 7 of the Eleotoral Aot had been repealed. Could he, therefore, move a motion to accept thia roport under the authority of that clauso ? The Speaker accepted the motion, which waß declared carried on the voices. THX LATE HON. MR. VINCENT PTKE. The Premier moved the adjournment of the Houae, and in so doing referred to the many good qualities of the late member for Tuapeka. Captain Russell and Sir Robert Stout also spoke of Mr. Pyke's geniality, kindliness, and literary ability, and the Hon. W. P. Reeves, Bpeaking as a journalist of a brother journalist, said there were many journalists listening to him then who could call up reeolleotionßof many a kindly aotion towards them of tKeir late colleague the member for Tuapeka. The House rose at 5 p.m. till 2.30 p.m. on Tuesday.