THE SOUTHERN PROVINCES.

New Zealand Herald, Volume X, Issue 2909, 26 May 1873, Page 3

THE SOUTHERN PROVINCES.

[PBOH THE ANGLO - AUSTRALIAN PBE3B TELBG3APH AGENCY.] ry, _ Dunbdin, Saturday, 8 p.m. Atie Times censures the General Government for granting a dissolution, and asks what fiu be the precedent established if the Supera.endent is allowed to get rid of his Council, pu members to the expense of a contested lectioo whenever some members entertain «ews opposed to hi. own. The Council must 8 j 1 * 1 follow; and if the members are to W ' bu-iness they must become Minn ™ Co P faanta " ie ® u periutendent. be r ) \ r / aS ? DB , for the COUreo taken should e sought for m the General Assembly M^,T? F °, ndent 0f the Timri suggests jor Eiehardeon as Superintendent, as cointhe F B , tGB rea P ect of both parties, and as Indr v", ar ° sick of the MaefldreiV'Etid squabble.

Tha Otago country press urges the abolition of Provincial Councils. Anderson and Mowut.t quote flour at fill 10s; oats, 4s; oatmeal, £20 j wheat, 4s 9d j barley, 7a ; pearl barley, £32. Wanganui, Saturday, 8 p.m. Tho entries for the races are meagre. There are only three for the £100 race. Rustri, from Nelson, is the first favourite. Nelson, Saturday, 8 p.m. The Inland Communication deputation has returned. The Cabinet promises to construct the West Coast Railway if requested to do so by the Superintendent, Executive, and Council, taking the land promised as security. Port Ciialmkks, Sunday, 5.30 p.m. The Duke of Edinburgh, barque, arrived from Newcastle, N.S.W., after a ten days' passage. She brings later English and Australian news.

[FBOM THE NKW ZEALAND PRESS ASSOCIATION.] Wellington, Saturday, 3 p.m. Gazette issued containing Macandrew s application for dissolution, the memorial against it, and tho Cabinet minute granting request. The latter, after recapitulating circumstaucoa of case, savs :—There does not appear to bo anv statutory necessity that the request for a dissolution, if made by tho the Superintendent or by the Provincial Council must, iu order to eilect being given to it, be concurred in by the Council ur by the Superintendent, as the caso may be, but, undoubtedly, it has been generally supposed that in order for the Government to grant a dissolution, the application must be concurred in by the Superintendent and Provincial Council. This impression has, probably, grown out of a feeling that if the Superintendent alone or Provincial Council had power to determiue a dissolution, such power might be used to coerce the non-concurring party. There is but one instance in which a dissolution was ever granted at the request of the Superintendent alone. Such dissolution was asked for bv the Superintendent of Auckland, and after a long correspondence, and with much reluctance, was granted by the Government of which Mr. Stafford was head. It was granted expressly upon the grouud that the J action of the Council evinced its determination , i.ot to carry on the legislative business of the ' province. The question now arises whether the Provincial Council of Otago has evinced such a detenniuai ion, or whether there are other reasons which make the dissolution necessary. It can hardly be said that the Otago Council evii.ced a determination not to carry on the legislative business of the province. It appears rather that the Council was willing to carry on the business, provided it was led by an Executive which commanded its confidence. In Otajjo the proceedings of Council are conducted with close adherence to the rules adopted,where responsible Government exists, and the question now presents itself, not whether the Council was willing to carry ou the business, but whether being willing to do so only under an Executive possessing its confidence, there is any probability that such an Executive can be formed iu the present relations existing between the Superintendent and the Provincial Council. After noting various endeavours by Reid and Webster to form an Executive, the minute proceeds. It may be asked, supposing it be held as already suggested, that it is objectionable to allow the Superintendent to obtain dissolution without the concurrence of the Provincial Council, whether that rule it not necessarily modified in case of a sjsteui of Executive Government such as adopted in Otago, and which does not appear to have been contemplated by the Constitution Act under which Provincial Governments were created. If, as is really the ease in Otago, the Superintendent deems himself bound to carry on the business of the province with the advice and consent of his Executive, and if the Superintendent is unable to work with his Executive, which commands the confidence of the Council, the result must be a dead-lock, out of which there can be no escape, except throujh a dissolution. On the uliole, it is not very material whether or not the Superintendent was justified in refusing to accept the Executive named by Reid. It is quite clear that had he accepted the Executive, and found that he could not work with its members, he would have been acting within his po«er in requiring their resignation. The Government have given the memorial of a number of members of the Provincial Council the consideration to which the care with which it is drawn up and its importance entitle it. The statements contained in sections two to eight, inclusive, appear to be furnished as grounds of complaint against the Superintendent. Indeed, the whole memorial is substantially an expression of condemnation of the conduct of the Superintendent. It does not seem to have occurred to tho memorialists that, supposing the Government subscribed to the opinions expressed in censure of His Honor's conduct, the obvious course open to the Government would be the very one to which the memorialists are opposed, viz., to leave to tiie people of the province the opportunity of selecting, if they desire it, a fresh Superintendent, and as tho law in that case compels, and as justice would dictate, a new Provincial Council. Supposing, to give an analogous instance, a number of members of tho House of Representatives complained to the Secretary of State of the conduct of the officer administering the Government of the colony, the Secretary of State could not more completely meet the wishes of complainants, together witli allegation of the Governor complained of, that the memorialists did not represent the feelings of the country, than by providing a new Governor and decreeing a fresh election. This the Colonial Government would do, as far as they had power, by advising a dissolution. The appointment of Superintendent, does not rest with the Governor. All that he can do is to give to those who have the appointment the opportunity, if they wish it, of making a chance. It indeed seems singular that the memorialists complaining as they do of such large constitutional evils, do not see in an appeal to the people a natural and constitutional redress of sufficient importance to outweigh any temporary inconvenience it may occasion. The minute then justifies, at some length, the Superintendent's action in dismissing Reid when the latter took office in the Colonial Government. It proceeds us to co•••> plaiiit that the Superintendent ought to have called the Council together earlier. There does not seem any conclusive reason why the Superintendent was not at liberty to exercise his discretion in the matter, especially if he was furtified by the opinion of the Executive. But on this point tho Government do not express a decided opinion. Council is now prorogued, and the Superintendent had a right to prorogue it. In a few weeks the appropriations will have expired, and votes will be required in order that money may be applied to carrying on the necessary business of the province. There is no reason to suppose but thut if the Superintendent were again to convene the Council there would be a difficulty in constituting another Executive, and that business would be delayed until that was effected. It appears, therefore, to be probable, if not certain, that the most rapid mode of securing that the business of the province be proceeded with, and appropriations be granted, is to sanction a dissolution, and at once proceed with a fresh election. Any apprehension that the present case may be regarded a* a precedent ought not to disturb the decision of the question. Future cases may be left to be caretully considered, and to be dealt with strictly on their merits. It may be deemed very doubtful whether in a province in which there is carried on a strict system of responsible Government, as is the case in Otawo the Superintendent has not in his power such a discretion as to the acting or non-acting with sn Executive commanding the confidence of the Council as to be able to compel a dissolution ; nor can it be urged that such a power entrusted to an elective officer in the position of the Superintendent is altogether unreasonable. If his action lead to a dissolution without the consent of the Provincial Council, it not the less ends his term of office, and subjects him to the trouble and cost of appealing to the electors of the province. In a most direct manner a Superintendent so acting submits his conduct to public criticism, and in tho cousenuent

election the opinion of the constituency of the province can bo unmistakably expressed. Upon the considerations stated, the Cabinet agree to recommend His Excellency the Governor to grant the request of the Superintendent of Otago, and to immediately cause tho dissolution of the Provincial Council. Tho Acting-Governor held a uumerouslv attended levoe to-dny. Over 1000 shareß have been taken in the New Zealand Coal Company. Dransfield, George, Krull, Mills, Walter Johnstou, Capt. Williams, elccted directors. A Bte&m collier will bo immediately ordered from home. Sailed : Taranaki, for Nelson. Napier, Saturday, 7 p.m. 2000 feet of timber for Waitangi Bridge, has been just received from Seventy-milo Bush, being the first evor brought from there. Wanganui, Suturday, 7 p.m. Rifle-match, Wanganui Association v. Wellington, was fired to-day. Twelve men on each side. Wanganui scored 631; Wellington, G75. 6 CiiKISTcnUHOH, Sunday, 5.20 p.m. The Queen's Birthday races came off yesterday. Lovely weather. Largo attendance. Capital racing. Fine sport. Much enjoyment. Hurdle Race.—Alice Grey, 1 ; Mistletoe. 2; Royalty, 3.

Butchers' Purse.—Gunnel's Flora, 1. Victoria Handicap.—Gossip, 1 ; Yatterina, 2 ; Malice, 3. This was a splendid race ; won by half-a-head; there was lialf-a-length between the second and third. Cavalry Raoo.—Marohant'a Black Doctor, 1. •. Soiling Stakes.— Calumny 1; Hatred, 2 ; I Tatterina, 3. ! Consolation Handicap.—Hatred, 1 : Miss Flat, 2. Saturday, 7 p.m. The Government have tabled the following resolutions in Council" Thut the Council, seeing that the amount of .immigration to the province, uuder the present system, up to this time, has been inadequate to meet the requirements, is of opinion—Ist. That the province should be represented in the United Kingdom by an agent nominated by the Provincial Government, whoso duty it should be to collect emigrants for Canterbury. 2nd. That instructions us to the number aud description of immigrants required should bo given to such agent of the Provincial Government, subject to the approval of the General Government. 3rd. That tho salaries aud necessary expenses connected with She agency be paid out of tho immigration loan. 4th. That the system of free passages extend as well to nomiuated immigrants as to those selected by tho English agent. sth. That the Superintendent bo requested to place a sum not exceeding £20,000 ou the Estimates, to be used for the purpose of promoting immigration to the province, in case arrangements cannot be made with the General Government in accordance with the above resolutions." Dunedin, Sunday, 5 p.m. Reynolds addressed a crowded meeting of his constituents last night (Saturday). There was a unanimous rote of confidence passed. He said nothing new.