PROVINCIAL COUNCIL

New Zealand Herald, Volume IV, Issue 1129, 27 June 1867, Page 4

PROVINCIAL COUNCIL

WEDNESDAY, JUNE 20. The Speaker took the Chair at 3 o'clock. Tho Clerk to the Council read the minutes of the preceding sitting, which wore confirmed, PETITION. Mr. Rowe presented a petition from John Moody, John Smith, and another relating to a claim for land. 'There were no notices of motion. Ml£. grace's uo.vikact. Mr. Mokrow, for Mr. Sheehan, moved That notwithstanding the report of the committee on Mr. Grace's petition, this Council is of opinion that the petitioner has (through no neglect of his own) suffered great loss in respect of his contract upon tho Auckland and Drury llnil way works, and recommends his caso to the favourable consideration of tho Provincial Government. Tho Piioyin-cul Secretahy wished to guard lion, gontlemen from expecting that the Provincial Government should go against the decision of a select committee of tho Council. Tho gontleman (air. Grace) loft his case in tho hands of tho Council, who decided upon it, and tho Government oauld hardy bo expected to act when tho Committee declined to rocommend tho caso as one that called for any intorforenco. Mr. Ciibf.semak said ho would bj very sorry ifih > resolution wore to pass. Believed that it was perhaps Mr. Grace's neglect, but it was also probably hid incompetence that, caused his loss. In fact he had a mutual re-lease. Tho lion, gentleman proceeded to state a history of tho contract with Mr. Grace and cited a number of documents, engineer's reports, and so forth, which ho alleged, was a tissue of complaintsMr. Grace had receivod a full equivalent for the work ho had dono. Mr. Grace might have lost money, but he (Mr. Oheeßeman) could uot endorso the motion that it was without his noglect. MESSAOE 'I. A message was sent down by His Honor tho Superintendent enclosing tho amendment proposed to City Board Act, 18G3, Amendment Act, relative to payment of costs out of rato3 which, was road and agreed to. Mr. May, for Mr. Non-man, moved, That tho potitiou of Chas. Hasoldou bo referred to tho select committee appointed to roport on Joseph Tuekwell's petition, lie said that there would porhaps be little to say if the person referred to had received two or three months notice. • Mr. AVstnn suggested that tho motion might be withdrawn, as there ivas a deolared intention to prorogue that ■

Mr. Cmighton suggested that it was possible that if the motion was negatived at that late period of the session, it might bar Mr. Haaolden from again petitioning the Council. Tne motion was agreed to. CUSTODIES OP r LAN'S. Mr. May moved, That as Mr. Warner's salary I was the only one reduced in session 19, and as when it was so reducod it was intonded to make a reduction of 10 por cent, on all salaries, this Council is of opinion that the present reduction in that officer's salary Bliould be only at the rate of 10 per cent, por annum, so as to make the two reductions equivalent to tho per contago of reductions in salaries now proposed by tlio Government. He said that he was actuated by no partiality, but simply to havo strict justice done. Mr. Rows said this matter was before tho Council last session, and after one or two divisions, a similar proposal was nogatived. Mr. Eowe had a groat objection to dealing with particular salaries in the way suggested. Mr. Warner hod £360 a-year. The Government ,vould bo sorry to bo obliged to reduce his salary, at the same time they must resist this motion. Mr. O'Neill said that Mr. Warner was considered a very good officer. He thought it in the interest of the gentleman that the motion might bo withdrawn, as tho Government, probably, would reconstruct the wholo of tho departments, and effect a saving of many thousand pounds. Mr. Wynn supported the motion, as the Balary happened to be tho first and only one subjected to reduction. Wlion thoro was an attempt to reduce all, and as tho others were not reduced, there being no reason alleged against tho officer, this officer suffered inj usticc. Mr. Swan son said the office was formerly held at £150 a-year, and ho thought the officer was very well paid. Mr. CheeseMAN said he would vote with the Government. Ho thought Mr. Warner well paid. Mr. May said that ho wished to aeo ju°tico rr.eted out to every man. Ho had had reason to complain that partiality was shown by the Government, and salaries woro left unreduced that ought to be reduced. This was a motion which would only placo a public servant in tho actual position which ho ought to occupy with reforenco to those reductions—viz., that his salary would still be reduced at tho rate of 20 per cent.—lo por cent, having been previously taken off without sufficient reason alleged. The motion was lost on a division: —ayes, 4 ; noes, S. AIiSENCE OF PUBLIC OH-'ICERS. Mr. May moved, That tho following be forwarded by address to tho Superintendent:—JThut in the opinion of this Council, if any Provincial Government officer absents himsolf from the duties for which he is paid to tako a seat in either House of the General Assembly, his appointment should be cancelled. Ho said tho Council appoared to be anxious to support tho Government in their part'ality. There were only two public officers who could be absent without detriment to the public service—viz., the Superintendent and tho Spoakei' of tho Council. Leave of absenco in tho case of an old public servant might be allowed. The gentleman to whom the motion poiuted was not an old servant, for when he had tho opportunity he wont over to tho General Government, and loft tho province. Ho thought that a stop should be put to this thing ■ at once, and it should not bccomo an established practice. Tho Provincial Secretary thought that it was very undesirable that the Council should interfere with tho elected member of a constituency. Mr. Wvnn asked what would be said down South, but that a peraon in tho position say of tho Waste Lands Commissioner, would be in a pain r ul one to himself, for ho would bo regarded as a paid officer sent down to Wellington for the purpose of the Provincial Government, and without any independence. It' the provinco was to pay high salaries, it should insist that those who received them should give the services for which they were paid, and attend to their duties overy day. If the resolution was carried, the gentlemen so situated should resign thoir seats, either iu the Provincial Council or in another placo. Captain CoorEii thought the motion was not brought forward at tho right timo. Thero was no reason why the same right should not bo allowed to officers of the Government here as wero allowed to officers of other Provincial Governments. Ho did not think that it would be good policy at tho present moment to say to these gentlemen you must resign your seats in the Assembly, which might have the effect of leaving a portion of the province unrepresented thero. Ho would movo an amondment to the effect that tho words " his Provincial pay should cease during his absonce," ins'ead of the words " his should bo cancelled." Col. Phacocke said the effect of tho motion, f carried, would bo to oxcludo from tho General Assembly all who held Provincial office. It was to be presumed that tho hold'ng of Provincial office was a recognised tost of merit. The consequence would bo to diminish the strength of the representation in tho Assembly. There might bo an anomaly, but tho remedy was not to bo found in this exclusion, but in the destruction of double government. Mr. O'Neill said that it was inconvonient to the public servico that persons holding offices of emolument should become candidates for places of honor, by which thoir services, for which they were paid, wero lost to tho province.Mr. Eowe said that it was unfortunate that this question should come beforo tho Council so encumbered by personal considerations. As to the prudcnce of the matter, though as a rule it might be wrong for a gentleman iu Major Hoaphj''s position to seek tho honor of representing a constituency, still if tho Council looked at tho other provinces, Otago sent its Provincial Treasurer and other officers. Tho men who held provincial offices woro tho bost, or ought to to tho best, mon in tho provinco. Should tlioy bo excluded from tho General Assembly, and if excluded would thoy not refuse to assist any further in provincial affairs. If tho motion was passed, it would appear to be aimed at individuals. Mr. Cbeighton thought tho members of his Honor's Government should be in the Assembly, and tho motion, if it only applied to the subordinate paid officers of the Government, ho would vote for it. Tho complexity which seemed to grow round every such question showed tho necessity of insular separation ; and that there should bo but one Beparate Government for each island ; that two-thirds of those gentlemon who were engaged in legislation should bo rclioved from those duties and go to their fields and own business. Mr. Swanson* said that if tho motion applied only i to subordinates, he would voto for it. He would movo tho insertion of tho word " subordinate" boforo tho words " Provincial Government officer." Mr. Wynn wished to know what is meant by " sabordinnto ? " Who was "subordinate"? He thought that if public officers chose to accept public honors, that was no argument for giving them salaries for services which they could not perform Mr. Swanson's amendment was put and agreed to. Mr. May's resolution was then put and negatived. Ayes, G; No, 11. CAPTAIN WINCS AND THE CAMTSODIA. Mr. Stark rose to movo, That the Committee of Enquiry as to tho Manukau Pilot bG empowered to sit during the recess, with powers to call for papers and persons, and bring up a report next session of this Council. The Speaker was of opinion that the motion was out of order, as the Council could not give leave to sit when it was itself debarred from sitting. Mr. Stabk : Tho roason I had in putting tho notice on. tho paper was that a public officer had been attacked, and Captain Wing was anxious for tho fullest and most searching enquiry in reßpect to the Cambodia, from tho moment he saw her down to the present time. I—(Order.) Tho SrEAKBE decided that the hon. gentleman was out of order. The following paper was laid on tho table. RETURN OP CBOWN GRANTS. Number of unsatisfiod applications for Crown grants, Ist January, 1567, 197. ' Number of applications for Crown grants received from Ist January to 31st May, 1807, 338. Number of Crown grants forwarded for the Governor's signature from Ist January to 31st May, 18C7, (prepared in triplicate) 382. Number of unsatisfied applications remaining in tho office, 31st May, 1567, 193. (Signed) C. Heaphy. ORDER OP THE DAY. —FEEE TEADE IN* LAN'D. ADJOURNED DEBATE. That in the opinion of this Council the dutieß and fees imposed by the Native Lands Act 18G5 and the Native Lands Act Amendment Act 1866, upon the disposal of native lands and the issue of Crown grants to natives, are injudicious and oppressive. Mr. O'Neill moved as an amendment, the insertion of the following words after the word "op. preeßion," " acting rb a hindrance to the working

out of the great principles of 1862, -which waa confirmed and elaborated in 1865." Mr, Balii also had an amendment to propose, which ho would read as . follows:—That in the opinion of the Provincial Council the direct purchase of native lands should be facilitated by reducing all expenses, delays, and difficulties in issuing Crown "grants to aboriginal natives to the lowest dcree consistent with the public interests, and that provision should be made for assimilating the sale and transfer and disposal of native lands to the laws and regulations for the disposal of land by Europeans and other colonists. Mr. Cbeighton hoped the hon. member Mr. Ball would withdraw his amendment. Thero was no question of principle in disputo, and it was desirable ' that no debateable matter should bo introduced. Mr. Ball, after some discussion, consented to withdraw his amendment. The resolution, as amended by Mr. O'Neill, then passed the Council. The bill wHch had passed the Council, " City Board Act 18G3 Amendment Act," was ordered to be forwarded to tha Superintendent. This concluded the business of the session. PROROGATION. The Clerk of the Council was directed to inform his Honor the Superintendent that the Council, having concluded the business of the session, was prepared to receivo him. His Honoii then entered the house and delivered the following address:— " Mr. Speaker and gentlemen of tho Provincial Council: On behalf of the Govornor I have assented to the City Board Amendment Act, 1867. lam glad tbat the termination of the business before you has enabled me to release you from attendance at a session of the Council held at an unusual time, and which must have imposed inconvenience upon members residing at a distance from Auckland, and I have to thank j'ou for tho diligent consideration bestowed upon the subjects which I thought it necessary to lay before you prior to the meeting of the ensuing session of the General Assembly. It will be my duty in the Assembly to endeavour to carry into effect tho desires of the Council, as expressed in tho several resolutions that have been adopted, and I trust that with the cooperation of my colleagues in the representation of this province, wo may be able to securo such action on tho part of the General Legislature as will tend to the permanent advantage of tho province of Auckland. " I now declaro this Council to Btand prorogued. " J. Williams ox."