PROVINCIAL COUNCIL.

Hawke's Bay Herald, Volume 13, Issue 1053, 1 June 1869, Page 2

PROVINCIAL COUNCIL.

Monday, May 24. TitE^Speaker took the chair at 3 o'clock. Present, all the members. Waste Lands Regulations. Mr. Dolbel, pursuant to notice, moved -That a Seleot Committee be appointed, to take into consideration the Hawke's Bay Waste Lands Regulations of, 18(53, iind to bring up a report to this Council of the requisite alteration in the said Aofc. The committee to consist of Messrs. Ormond, Parsons, A'Deano, Tanner, Locke, and tbe mover. Mr. Sutton seconded the motion, which, was negatived on a division. Inspector of Schools. Mr. Feeaed, pursuant to notice, asked the Government — Whether any decrease has been made in the salary of the Inspector of Schools, in consequence of his not having inspeoted the sobools during the past year. Mr. M'Lean said that no decrease had been made in the salary nor had any salary been paid to the Inspector since the new rate was imposed. The duties of Inspector necessitated his riding all over the province, and his salary would barely cover his expenses for horse hire and other expenses. The schools would be inspected shortly. Nuhaka Block. Mr. Locke, pursuant to notice, asked his Honor the Superintendent— Whether any steps have been taken towards recovering from the Auckland Government tbeir share of the money paid for tbe Nuhaka Blook, and if so, the result. Mr. M'Lean said that no frosli steps had been taken in the matter. Mahia Block. Mr. Locke, pursuant to notice, asked— Whether any definite arrangement has beeu made respecting the transfer of the Mahia block to the General Government. Mr. M'Lean said thafc the proposal of the General Government to hand over confiscated land ab Waikare and Petane blocks was not agreed to by him. It was unfortunate that the Government did not accept the offer made to them to settle Te Waru's people on the land, when they were willing to go. Ifc might have saved the. immense sum which ifc will cost to subdue them. Messrs. Watt Brothers' Wharf. Mr. Peraed, pursuant to notice, asked the Government — Whether .legal proceedings have nofc been taken during the past year against Messrs. Watt Brothers, for trespass on the harbor by the erection of a wharf thereupon ; whether a compromise bas not been effected, and upon what terms ; whether any sum of money has been paid to Messrs Watt in accordance with thafc compromise, aud out of what funds; whether, before that compromise was effected, the opinion of Mr. Balfour or other competent engineer as to the effect of the continued existence of Watt's wharf upon the harbor generally was obtained, and what it was, aud why steps were not taken earlier to prevent the erection of that wharf. Mr. M'Lean said thafc the Provincial Solicitor had been instructed to take legal proceedings against the firm in question, but it was afterwards agreed to refer the matter to arbitration. The award was £360, as the value of the wharf ; while £270 was refuuded-by Messrs. Watfc, for wharf fees received by them. Finance Resolutions, Mr. Buchanan, pursuant to notice, moved — 1. That funds derived from the sale of lands purchased with borrowed money, ought to be devoted exclusively to the improvement of roads and the construction of necessary publio works. 2. That any interference by the Government with the purposes to which tbe balance £28,000 of tho provinoial loan has been appropriated, except by legislation of the Council, aud repeal of the "Loan Appropriation Act, 1868," and of the resolution on, which it is based, is undesirable, as well as illegal. 3. That all sums of money recovered on account of immigration be passed to a special fund, and held uaapplioable to expenditure for general purposes. —He was willing to take the decision on these motions as expressing the opinion of the Council on the financial policy of the Government. If the Council came to an adverse decision on these resolutions, they would hear no more from him on the subject. It was no use shutting their eyes to the fact that the province was eating up its principal ; it was existing on borrowed money. When the Loan Act passed in 1863, under which the province borrowed £60,000, it was understood that the money was to be applied to certain specified purposes enumerated in the preamble of the Bill ; it was never the intention that any parfc of that sum should be applied to carrying on the ordinary establishments of the province. The Act was amended last session ; ifc was then understood how the £28,000 was to be applied. But now an attempt was being made to repeal that Acfc by a side wind. Tliere was also a lengthy string of resolutions passed last session; in ono of which was specified the particular works to which the money was to be applied. He wished the Government to tell the Council if thoy intended to carry oufc those works in their entirety. Then there was the question of emigration ; during lasfc session there was a specified sum set apart for the purpose of forming the nucleus of an emigration fund, and the committee were unanimous as to the expediency of that step. Why should the Government now diverge from the original idea. Let the Government come forward with resolutions shewing what their intentions were; members would then know what they meant. If they would clear up those questions the Council would know how the province stood. Mr. A'Deane seconded the motion pro forma. Mr. Ormond said that the Government had only ono object in not complying with the wishes ofthe hon. member. Ifc would delay the completion of the business for two days, and as the meeting of the General Assembly was so near, it was of great importance thafc, in the present state of the country, the members should be in their places on the opening of the session. In ordinary limes the Government would have willingly complied with the hon. member's request. It was difficult to say anything against the principles laid down by the hon. member, although some knew that there would be great difficulty in carrying the principle into effect. The lion, gentleman should have insisted upon those principles being acted upon years ago, when he first entered the Council, and not now, when that course had become almost impossible. As regards the scheme of the Government, that Mas clearly set forth in the report, and he did nofc consider that ifc required any further explanation. Their scheme was thafc recommended by the Finance Committee. The Government, in applying the loan money as thoy had done, had adopted the only possible plan to avoid direct taxation for defraying the expense of police, roads, and other necessary expenditure. He considered that were direct taxation put on afc the present time ifc would obstruct the advance of the Province, which had great difficulty in other respects to hold its own. Looking afc the £2000 granted in aid of immigration, he thought thafc in the present state of the colony there

wpuld be no demand on this grant for some time j and it was therefore bolter to use the money so as to relieve other pressing wants of the Province. The Colonial Treasurer had said that, whilst at home, a scheme was instituted to raise funds for the benefit of fche colony to be applied to emigration. If that soheme were carried out, our wants as regards immigration will be provided for. Mr. Ormond moved, as an amendment, that all the words after "thafc" in the first line be omitted, and the following inserted : "In the opinion of this Council the recommendation contained in the report of the finance oommittee, are in accordance with the requirements of the province, and that the necessary steps should bo taken to give effect thereto." Mr. Kennedy seconded the amendment. The Speaker then pufc the motion thafc the words after fche word "that" do stand parfc of the question. The Council divided on the question, which was negatived on the following division :— Ayes— Messrs. Buchanan, Lambert, Carlyon. Noes — Messrs. Rhodes, Ormond, Parsons, Kennedy, Locke, Sutton, . Dolbel, M'Lean, A'Deane, Tanner. Mr. Ormond's motion was then put and carried on the voices. Provincial Compulsory Land Taking Standing Rules. The Council then went into committee upon the standing rules, and the chairman reported progress. Executive Repeal Act. This Acfc was read a first; time, on the motion of Mr. Buchanan, seconded by Mr. Carlyon. Ways and Means. The Council then went into committee of ways and means. Mr. Ormond moved that the items £10,600 and £1737 (special) do stand as read. — Agreed to. The Chairman reported progress, and then handed the estimate of revenue to the Speaker. W. R. Russell Grant. Mr. Tanner brought; up the report of the select committee on the Russell grant, and moved thab it be read. — Read accordingly. [Its purport was simply, that ifc had taken certain evidence, which ib submitted.] Committee of Supply. The Council then went into committee of supply. On the motion of Mr. Ferard the item of £100 for Provincial Auditor was struck out of the estimates, as being a payment authorised by another Acfc. The estimates were passed to near the end, when the chairman reported progress. Petition. Mr. Buchanan presented a petition from Mr. A. Koch, praying for an investigation into the cause of his dismissal. — Read, received, and ordered to be printed. Waste Land Regulations. Mr. Dolbel brought up the report of the select committee on fche Hawke s Bay Waste Lands Regulations Amendment Acfc, 1866, and moved thafc ifc be read. — Read accordingly. Sheep and Scab Consolidation. The Council went into committee, and some progress was made. The chairman reported progress, and obtained leave to sit again next sitting day. , Light-house JBeserue Bill. The Council went into committee upon -thia Bill, and the Bill, amended, was reported to the Speaker. The Council then adjourned to Tuesday. Tuesday, May 25. The Speaker took the chair at 3 p.m. Unauthorised. Expenditure. Mr. Ferard, pursuant to notice, moved — That a seleot oommittee be appointed to consider and report to tbe Council as to the propriety of the various items of expenditure incurred, without the appropriation of the Counoil, since the passing of the "Credit Act, 1868 j" and, also, to examine and report upon such of the items of expenditure defrayed out of monies voted for contingencies during tie present financial year, as may appear to them to require the attention of the Council. Pncli -.-ommittee to consist of Messrs. Ormond, Buchanan, Lambert, Locke, ard the mover. Keport to be brought up on Thursday next. — He said be had had this motion on his mind ever since last session, when they were called upon at a moment's notice to pass a Credit Acfc, which was hurried through on the plea that the members of the Assembly could not stop any longer absent from their duties. He considered that this Council would not do ifcs duty if it did not carefully examine the items of unauthorised expenditure, instead of voting them in a lump sum. Mr. Sutton seconded the motion. Mr. M'Lean agreed with the hon. member thafc the utmost scrutiny should be used before passing these items, bufc no member could be taken so very much by surprise, the accounts being made up and published every three months. He would ask the hon. member to substitute his name for that of the member for Porangahau, as he was much better acquainted with the circumstances. Mr. Ferard thought ifc an extraordinary piece of bad taste for his Honor the Superintendent to ask to be put upon a committee to investigate unauthorised expenditure, such expenditure having taken place by his authority. Mr. Ormond said he had more work already than he was able to attend to, and should have till the termination of the sitting, and in fact he knew nothing whatever of the expenditure in question. Mr, Ferard said that as none of the members appeared to take any interest in the matter, he would ask for leave to withdraw the motion. Leave was granted, and the motion withdrawn. Credit Act. Mr. M'Lean asked leave to introduce a Bill "to legalise the expenditure of certain moneys otherwise than as provided for by tbe ' Hawke's Bay Loan Appropriation Acfc Amendment Acfc, 1868.' " Leave was granted. Bill read a first time, and ordered to be printed. Halting Places for Stock. Lieut.-ColonelLAMßEßTasked his Honor the Superintendent— What land or lands have been purchased on the various roads for halting places for bullock drays, cattle, sheep, &c.. ; and if any bush land has been secured by purchases near Te Aute for the purpose of obtaining timber for repair of bridges, &c. •—-When this question was mooted last session, the Superintendent undertook to procuie land for halting places. Most members would go with bim in thinking it important; that land should be purchased for the purpose he had stated. Mr. M'Lean said that none had heen , purchased. In some cases the natives were unwilling to sell ; in others they had no grants; Mr. Locke had tried to make the necessary purchases afc Paki Paki and elsewhere, but had failed for the reasons stated. With reference to the obtaining of bushland, this would have been done, butit was. found th^it the land it was advisable

■ - to obtain, had not yet passed through tin ■ Native Lands Court. Mr. Fer.\hd could see no reason wli) fcfi.' (■'< veru'Menfc should find halting place; __■■ b.; !!.•■-■ \- 'Lays and cattle. These shoulc be fo-nd uy the owners of the stock. Nc dou j. .he proprietors of the different accommodation houses would gladly provide the same at a small charge. >it Blue Book., y/i Mr. Dolbel, pursuant to notice, moved— That, in the opinion of this Council, tbe Blue Book containing the votes and proceedings of 1868 is incomplete, and that this Counoil will suggest to the Speaker that tbe votes and proceedings of 1869 be printed in full. Mr. Sutton seconded the motion. He thought it important that the proceedings of the council should be printed in full ; they were records which would become valuable in after years. Mr. Febard said there had been a great deal of money wasted in printing j at the same time, in the blue book of last session, the veriest essentials had been omitted. There were, for instance, some questions to the government, the answer to which ifc was of great importance should be recorded, and many other matters. He thought the division lists need not be printed ; they took up a great deal of space. In tho United States the names were recorded at the request of a certain number of members only. Mr. A'Deane hoped they would nofc return to the old system. There was a great deal of matter printed which was never read ; although he admitted matters had been lately cut oufc which should have been retained. The printing committee could use a wise discretion : and he hoped the member for Mohaka would nofc press the motion. Mr. Fehabd moved as an amendment. To add the words " excepting notices of motion, questions and their replies, except upon intimation to the Clerk of the Council by the member questioning or replying thafc he wished such question and answer recorded." Mr. Buchanan, as one of the printing committeee, might be expected to say something. He could not say thafc any very wise discretion had been shewn. They had carried out the work in the spirit of their instructions. It was true that the blue book was incomplete asa record, or a work of reference, and the best way would probably be to do away with printing a blue book altogether. Mr. Tanner said the whole question bad been fully discussed last session. Gentlemen who criticised the work of the committee should point out the errors which they speak of. He moved tho following amendment : that after the word " that" the following words be inserted in lieu of those in the resolution " a select committee be appointed to examine the minutes of the proceedings of the council, and decide what shall be printed." Mr. A'Deane seconded the amendment. Mr. Sutton moved as a further amendment thafc the following words be added, " and thafc ifc be an instruction to thab committee thafc all motions made shall be reported, all divisions thereon, and all papers which have been printed by order of this council, all reports of select committees, all questions put to the Government, and the replies." Mr. M'Lean drew the attention of the Council to the fact that the estimates for printing had been reduced one half, and thafc too much money must not be spent on this book, or there would be none left for other purposes. Mr. A'Deane said that the minute book was in existence for members and others to refer to. He did not think it worth while to print the book at all. Mr. Carlyon said no members ever used the book except to light his pipe. There was no damage done by shutting out rubbish. The life of a Provincial Council was limited to four years and anything that might have been said by their predecessors would not be considered binding upon a new Council. Mr. Ferard moved as a further amendment, thafc in the present state of the provincial finances, the printing of the vote's and proceedings of this Council was an expense nofc justifiable. Mr. Ferard's last amendment was put, and carried on the following division : — Ayes— Messrs. M'Lean, Carlyon, Kennedy, Locke, Tanner, Lamberfc. Noes— Messrs. Ormond, Ferard, Sutton, Parsons, Dolbel. Bridge-over Waitaha Greek. Mr. Dolbel asked his Honor the Superintendent — Whether the sum of money voted by this Council last session, for the erection of the Waitaha bridge, is considered to have lapsed ; and if so, why a sufficient sum has nofc been placed on the Estimates for the ereotion of the said bridge. Mr. M'Lean said the question had not lapsed. A letter had been written home to ascertain the price of bridges of the description required. Case of E. Boddington. Mr. Cablyon, pursuant to notice, moved — Thafc the Provincial Solicitor be instructed by the Superintendent to enforce the judgment; of tbe Sui»*eme (Jourfc in the action of the Superintendenr against Edward Boddington and his sureties, — He maintained that the petition was thafc of Edward Boddington only. There was no mention whafcever of sureties. The sureties nofc having signed the petition, were no parties to ifc. Ifc was stated thafc the object of this petition was to relieve a pauper from his difficulties. He had put himself to some trouble to ascertain the position of Boddington. He was informed thafc he was living in a well furnished house afc Clive. During the time he was in occupation of the toll he was guilty of extravagance ; he was never without a servant in his house. It was this extravagance that the Council was now asked fco pay for. There was no case made out that he had lost by the lease of the toll. Mr. A'Deane seconded the motion. Mr. Rhodes said this was a useless discussion. The question had been already settled ; the Provincial Solicitor having been instructed to proceed for £100 only. Ifc could not be re-opened. He was conversant with the facts, and he reiterated thafc the statement he made to the Council on a previous occasion was perfectly correct. Lieut.-Colonel Lambert said he should support the motion if only for the sake of consistency. The motion was then pufc and lost on the following division : — Ayes— Messrs. Lambert, Weston, Carlyon, A'Deane. Noes— Messrs. M'Lean, Rhodes, Ormond, Dolbel, Buchanan, Parsons, Tanner. Russell Grant „y ] Mr. Carlyon moved the following re_olution — Thafc this Council do petition the General Assembly to repeal the Russell Military Grant Aot, 1868, or to take the necessary steps to prooure its disallowance by the Queen j and that a Belecfc committee be appointed fco prepare such petition. Suoh committee to consist ol the Speaker (with his permission), Messrs. Buohanan, Fnrard, Locke, and the mover j and that the Superintendent bo requeated to ' present such petition and support its prayer, in his place in the House of .Representatives. — He thought it necessary that this coun-

J nil should express its opinion of this mafc--1 ter, in tlie shape of a resolution, although • aware fchat ifc was a delicate matter for any 5 Council to pass a resolution clashing with I tlie higher branch ofthe legislature. The ) evidence taken before the select committee • clearly proved thafc the statements in the > preamble of the Bill granting this 800 acres of land to W. 11. Russell Esq., were substantially untrue. Ifc was absurd to say that that gentleman forgot the arrangement under which he was to receive this ' grant ; if he had happened to forget, there ' was his father and brother to remind him. 1 He marched off to England, and stayed 13 ' days over the time allowed by the Military 1 Settlers Land Act. He would ask what military or other service this gentleman 1 had rendered to the colony, which entitled 1 him to special consideration. He would nofc have complained of the 13 days longer 1 absence, or on thafc account have raised any objection to his receiving 400 acres. ' But the case was substantially this ; he | omitted to fulfil the conditions entitling him to 400 acres, and was therefore ordered to have 800. The evidence before the | committee shews thafc the gentleman did nofc come in the ordinary course to the Superintendent, and ask him to bring a Bill into the Council giving him so much . land. No ! he did not do this. He happened to know that his father was a member of the Legislative Council, and he sought what he could obtain through the vote and exertions of that father. Nobody who had not got a father could have got the grant. After a long correspondence on the subject, Capt. Russell's own father moved that 300 acres be granted * not a word being said about 800. They gathered assurance after the matter had been discussed, and brought in a Bill granting him 800 acres. Mark the time. It was within three weeks of the adjournment of the Assembly when it was brought forward, when all the members were virtually gone, ifc being understood thafc no new question should be brought; forward. Mr. Ormond said thafc ifc was some time before the end of the season. Mr. Carlyon admitted thafc it might have been six weeks. No blame attached the Superintendent as regards the 800 ; his motion was only for 300. When the Act got into the Legislative Council ifc was altered in an insidious manner by some person — who, might be guessed. The preamble was false from the first line to the. last ; the witnesses deny nearly every word of ifc. He accused the persons who j altered the preamble of this Act, of having J deliberately done so to rob the province of 800 acres of land. Mr. Ferard, in secondingthe resolution, proposed thafc Mr. August Koch should be asked to give evidence as to his having afc any time told Mr. Russell thafc the Auckland Act, by which only three years residence was required, applied to this province, and other matters. Mr. A'Deane seconded the motion. Mr. Ormond thought ifc desirable that all the information possible should be elicited, bufc thought the evidence should be taken before the committee. As, however, Mr. Koch had no authority to make any authoritative statement of the kind, if he did make it, ifc would nofc affect the case. The motion was carried. Mr. Koch was questioned by Mr. Ferard, through tho Speaker. He said he could nofc possibly have given the information stated in the recital to the Bill. He did nofc tell him thafc the Auckland Waste Lands Act 1862 applied to this province. He could not have said that three years residence only was required from a military settler. Mr. A'Deane said he could nofc allow this question to pass by simply recording a silent vote. He was cognizant of all the facts last session, and was astounded when he learnt, some three months afterwards, that 800 acres of land had been granted in the Province of Hawke's Bay. Mr. M'Lean admitted that Captain Russell was only entitled originally to 400 acres. His equitable claim to this was recognised by the highest land authority in the country, who deemed ifc an open question whether fche Auckland Acb of 1862 did not apply. In the preamble of the Bill it was stated that such was believed to be the case, and no person would have been inclined to dispute the claim merely, on account of the thirteen days' absence. The member for Te Aute, (Mr. Carlyon) had stated that this was a very exceptional Act, and that nothing corresponding to it had ever been passed. Bufc that member surely forgot the Acfc granting 30,000 acres of land to Mr. Busby, against; the wishes of the Superintendent ofthe Province. There were other cases. Land was granted to Major Herbert by Acfc of General Assembly, and, in the case of Col. Balneavis, who had not fulfilled the conditions, his claim was made good. He (Mr. M'Lean) was opposed to military grants, and wished to see them abolished in this province. He and his colleague (Mr. Ormond) had brought the Acfc in question in after hearing Mr. Domett's opinion, and to stop litigation between two settlers, which could only lead to disastrous results for both parties. Mr. Russell was deprived of his original selection, and ifc was impossible to offer the same quality of land. His selection. was 10s. land, and, as at the time, there was only ss. land to offer, tbe Bill was passed for double the quantity. This was no job. He was asked to assist in settling the question. There was nothing unfair to the province in what had been done ; although ifc would possibly havo been better had the matter been brought before this Council previous to bringing forward the )Bill in the Assembly. i Mr. Ferard said that, although wishing to confine himself fco propriety of language, the evidence before the select committee \ had nofc altered his opinion in the least. He could only characterise the whole affair as a shameless job. What he complained of, and still continued to complain I of, was thafc a Bill was introduced into the Assembly by Mr. M'Lean and supported by Mr. Ormond, having for its effect the taking away of the land of this province,with which the Provincial Council alone had any right; to deal. The Superintendent had brought forwai'd one or two instances in which the Assombly had acted in a similar manner. He did nofc consider those cases analagous. The Busby claim arose previous to fche handing over of the waste lands. The Assembly therefore wore probably justified in undertaking the settlement of that matter. . Mr. Jones' claim was also an old one, and by the Waste Lands Acfc of Ofcago, the waste hinds were subject fco old claims. If Mr. William Russellßussell had a right, he could have enforced ifc in the Supreme Court. Bub ho came to the Assembly without a reason ; and fche evidence taken before the select committee of this council proved that his represonta- , tive came to thafc Assembly with a lie in his mouth, and, in order to conceal the lie, ifc was stated thafc enquiries wore made '. of some imaginary officer. The committee ] took the evidence of Capfc. Carter and Mr. I Tiffen, who both stated thafc they had no . recollection of ever having told Mr. Rus- " sell anything which could have led him , to think that three years' residence was i all that was necossary. Ancl was ifc likely » they would have douo so. He wished fco . draw the attention of the council fco fche evidence of Captain Carter, who said thafc all military land orders had been made

1 oufc on one form. Could ifc therefore be believed thafc he, as Crown Lands Com- ' missioner, would have told any military ' settler anything ofthe sorfc. Ifc was absurd to suppose so. This was a private bill, that the public might be robbed, brought forward to make things pleasant. He hoped that the members who used their influence in the Assembly to get this Acfc passed, would again use ifc in. order to obtain ifcs repeal. Mr. Locke thought that the land of the province should nofc be voted away, bufc could nofc agree with the propriety of such strong language and such strong party spirit being introduced into the discussions. Mr. Ormond said thafc the gross language used by the member for the town (Mr. Ferard) was quite uncalled for. He had attributed motives to the Superintendent and himself, without any reason, other than that he musfc have judged others by the motives which guide him in his own actions. If Captain Russell was nofc a very different man from what ho (Mr. Ormond) took him for, he would make the member for the town remember his words for many a day. Nobody had any right to use such language as the hon. member had been guilty of, protected as he was by the position in which he stood. His language was most unjustifiable. He (Mr. Ormond) compared the hon. member to a little dog. He has snapped; snapped in every direction, and has at last fastened upon Mr. Russell. He says Mr. Russell came to the Assembly with a lie in his mouth. Mr. Ferard said he had nofc accused Mr. Russell of having done so ; ifc was his representative. He had stated that he did not think Mr. Russell knew anything of the exact recital. Mr. Ormond believed that tho hon. gentlemen had used the exact words he quoted. Mr. Ferard said ifc was not; right to assert anything as a fact after being contradicted by a number. Mr. Ormond said he was glad to find that the hon. gentleman was ashamed of the language he had used. . Mr. Ferard said he was nofc ashamed of any language he had actually used. Mr. Ormond said thafc the characters of Mr. M'Lean and himself were too well known for it to be believed that they would lend themselves to what had been called a " shameless job." He believed in the session of the Council before they went to Wellington that some motion was made in this matter. Mr. Buchanan. — Mentioned, but only discussed privately. Mr. Ormond. — When they arrived in Wellington, Mr. Domett, the Secretary of Crown Lands, asked Mr. M'Lean and himself for information, saying thafc his only desire was to do justice. He said he thought it would be un injustice if, on account of staying away 13 days longer than laid down by the Act, Captain Russell was to Le deprived of the land. Ho (Mr. Ormond) considered the assembly had nofc stepped out of their way by righting this case. | If there was any job in the matter, Col. i- Lambert got the benefit of it. So far as | Mr. M'Lean and himself were concerned | they believed tbey were doing what -was fair to the -province. It got Major Lamberfc's £200, so. ifc could be no loser. He believed thafc if the claim were brought before tho House to-morrow ifc would be decided as being fair and equitable. Mr. M'Lean and he were asked by the committee as representatives of the province if they thought ifc was a reasonable way of settling the question, and they gave their opinion that it was. Mr. Buchanan thought that the following amendment would, perhaps, best meefc the case : — Thafc this Council do petition the General Assembly to amend the Russell Military Grant Aot 186$, by confining the grant to 400 aores ; and that a committee be appointed to prepare such petition j and that the Superintendent be requested to preeenfc such petition, and support its progress in his place in the House of Representatives. Mr. Rhodes seconded the amendment. He thought the .members had committed an error in judgment, from kindly motives, to stop a serious law suit. He was glad the amendment had been brought forward, as he did not consider Mr. Russell was entitled to more than 400 acres. Mr. Carlyon. — If only 400 acres had been granted, there would not have been a word heard about the matter. Mr. Ferard said that, had this case come before the Council, ho should not have opposed fche grant of 400 acres, but the false recitals in the Bill were "almost sufficient reason to oppose the grant in any shape. Tho amendment was agreed to. The members to servo on the committee were then balloted for, and the following were elected, Messrs. Tiffen, Ormond, Ferard, A'Deane, and, Buchanan. Committee of Supply. Mr. Rhodes moved thafc £20 be placed on the estimates for a district constable afc Havelock, the item having been omitted. The motion was agreed to. Mr. Ormond moved, on the same ground, thafc £20 bo placed on the estimates for a district constable at Porangahau. Agreed to. Mr. Ormond moved that £300 be placed on the estimates for the Commissioner of Crown Lands also Provincial Treasurer. It was intended that the work of the Treasury should be done by the draughtsman, and a Treasurer done away with, but, on re-consideration, the Government thought it would be scarcely fair to ask. the draughtsman to do work for which he had not been engaged, and might bo unfitted. Another consideration was that there were 600 Crown Grants yet lo be made out. He thought ifc would be better for the interest of the province to keep the Commissioner of Crown Lands and Treasurer as before, leaving the draughtsman at £200 per annum. — Agreed fco. Mr. Ormond moved thafc the harbormaster and pilot's salary be £175, being a reduction of £75. He thought ifc better to return to the old arrangement, i.e., that the staff consist of harbor master and pilot;, assistant pilot, and one boatman, reducing the ptiy 'of the harbor master and slightly increasing thafc of assistant pilot. Mr. Feraud asked whether the present harbor master had not had a censure passed upon him by a Marine Board. He thought there was no necessity for au assistant pilot ; better to have two boatmen. Mr. Kennedy explained that the wharfage dues amounted to a large sum, and that the harbor master would be employed during his spare time in collecting these dues. He considered an assistant pilot absolutely necessary. Sometimes two vessels arrived at one time. He considered the salary of the head man nofc high enough, although he did not see how it could be helped. Mr. Buchanan said he was not content to see the slur which this threw upon the harbor master. Captain Cellem, when first appointed, received £250 ; and it was now reduced fco £175. The slur, he considered, would be rendered moro apparent; by increasing the assistant pilot's salary. Mr. M'Lean said he had a great deal of respect for Captain Cellem, but the Government felt thafc ifc would be necessary to make some alteration, considering the difficulties of the place, and the adverse judgment lately passed upon him by

. the Marine Board. It was intended, in • ! fact, at the termination of this year, to ■ J appoint somebody else to the office. The l assistant ha: bor master was a good ser- , vanfc, and entitled. fo some small advance. ; The motion was then pufc and carried. Mr. Ormond moved thafc the item two ■ boatmen, £240, be struck out, and the , following inserted :— Assistant pilot, £150; one boatman, £120.— Agreed td. On the motion of Mr. Buchanan, the item, " from Guppy's to Tutaekuri crossing, £75," was inserted and passed. On the motion of Mr. M'Lean, the Chairman reported progress. Lighthouse Reserve Bill. This Bill was read a third time and passed. The Council was then adjourned, on the motiou of Mr. Kennedy, till the following day afc 3 p.m. Wednesday, May 26. . The Speaker took the chair afc 3 p.m. Slaughter House Amendment Act. Mr. Sutton, by suspension of the standing rules, obtained leave to bring in a Slaughter House Amendment Act. Read a first time, and ordered to be printed. Provincial Land Taking. Mr. Ferard pursuant to notice, moved — ■ That the proposed standing' rules and orders, for regulating bills authorizing the taking of land under tho "Provincial Compulsory Land TukingAcfc, 1806," be referred to a select committee, suoh committee to consist of tho Speaker, Messrs. Ormond ( Carlyon, A'Deane, and the mover. Mr. Buchanan seconded the motion, which was agreed to. Petition of A. Koch. Mr. Buchanan moved that the petition of A. Koch be considered. In speaking to the motion he said he did not consider the treatment this old aud efficient servant had received was justifiable. He did nofc think hard treatment fco public servants generally was beneficial to the service, and he considered ifc right to bring this case before the Council. Mr. Koch was dismissed without assigned reason ; he made application to be told the reason, bufc was unable to get any reply. It was not right thafc men should be taken on and discharged in so captious a manner. The officer under whom he served made no complaint against him. The entire duties of the office rested on his shoulders for six years. It was not a good thiug to get rid of an officer who was conversant with all the traditions of the offioe. If he went away, there would i be nobody left that really could give any ! information. The present officer had got no traditions of office. Inoneinstancelafcely a person was employed to do work which was already done and lying in the office. Mr. Weber was going or virtually gone, and nobody knew anything about this. The refusal to give the reasons of his dismissal was an aggravation of the injury. He (Mr. Buchanan) was anxious to hear what the Government might have to say ; his was only an ex parte statement, and more light might be thrown upon it. The debate was then adjourned till the following day. Management of Hospital. Mr. M'Lean, pursuant to notice, moved — 1. That ifc is expedient that the management of the Hospital for the period of one year be vested in a committee, to becompoted of the following gentlemen, viz, : The Superintendent, Messrs. H. S. Titfen, J. Anderson, S. Locke, T. K. Newton. 2. That the duties of said committee bo to take the entire management of the said Hospital, to appoint and remove all necessary officers, and to make proper Kulos and .Regulations, 3. To raise the funds required for the maintenance of the Hospital, in addition to the sum voted, by the collection of voluntary subscriptions. _. To make a report, to be presented at tbe next session of the Council, shewing all that haa been done under these resolutions. — He said thafc after consulting the executive he had come to the conclusion that the time had arrived when the management of the hospital should be handed over to somo other body. This plan had met with success iv other proviuces. The greater number of persons enlisted in undertakings of this sorb the belter, as eventually such institutions would have to depend for support upon private contributions. Mr. Ferard agreed that it was necessary fco take the management out of the hands of the Provincial Government, but he felt certain they would never get an hospital supported by subscriptions unless the management was left; in the hands of the subscribers. The hospitals at homo were managed by governors, life governors, &c, according to the amount they subscribed. Lieut.-Colonel Lambert took great interest in the hospital ; he should prefer a I larger number of trustees; and thought there should be a committee besides trustees. _ > Mr. Ormond said that the object in proposing one year was because it was simply an experiment. Mr. Buchanan thought the most simple way of dealing with clause three would I be for the Government to supplement the ! subscriptions by a like amount; it would save a great deal of trouble. He saw no difficulty in establishing village hospitals, why should there nofc be one ab Waipawa ? It would save having to drag sick peoplo all the way into town. The motion, was agreed to. Appropriation Act. Mr. Ormond, pursuant to notice, moved — For leave to bring in a Bill to appropriate the revenue of the year ending June 30, 1870. Leave was given, ancl the Bill read a first time. Emigration. Mr. Ormond asked leave to bring in a Bill to instifcuto a board for tho management of funds appropriated to emigration purposes. — Leave granted and Bill read a first time and ordered to be printed.