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PROVINCIAL COUNCIL.

FRIDAY, May 31st. Thr Speaker (Mv W. H. Refolds) .took the chair at two o'clock, CHECK BAR. Mr DRIVER asked the Provincial Solicitor, " What authority has been given to the Lessee of the Toil Bar situate on the Halfway Bush Road (near Roslyn) to erect a Check Toll Bar on the said road near the Shepherd's Arms, Kaikorai I also, when the road leading from the top of Stewart street, Dunedin, to the Halfway Bush, was gazetted a main road r ' . The SOLICITOR (Mr B. C. Haggitt) said that the check-bar was erected with the consent of the Superintendent. The road referred to in the latter part of the question had been a main road for ten years. NBW HUNDRED, WEST TAIERI. Mr REID moved, "That His Honor the Superintendent be respectfully requested to recommend His Excelj lency tho Governor to proclaim a new | Hundred in the "West Taieri District, such Hundred to be adjoining to, and bounded by, the present West Taieri Hundred," He believed that the arrangement proposed by the Government, of retaining 15,000 acres from, the run of Messrs Fulton, was not satisfactory to the settlers—it was certainly .-not so to tlie petitioners—nor to the runholders.-. It would be seen from a plan ho had before him, that 3000 acres had been taken from the West Taieri Hundreds;, and included within this run. So long as there was fairly a sufficiency "of grazing land, the settlers did not complain of this • but out of the 60,000 acres .originally proclaimed, there were only j 9000 acres remaining unsold,. as land iii a Hundred, and that 9000 acres was* prin-

1 eipallyimpassable swamp. The pe/ltl?"m flow mkod for an extension of the limi" dreds, so that the settlers might mirek '""* mor& knd and so extend their holding*. Jl the? terms upon wliich tlie runholders I originally got the land had been adhered to, aa he presumed was" the case, he did not see wjut reason there was for complaining if part of the run was taken tor Hundreds, ft was right that many should enjoy any given tract of country rather than a very few; and when an extension of Hundreds had been proclaimed, the runholders would have equal rights with their neighbors, Mr MURRAY seconded the motion. The SECRETARY (Mr G. Duncan) said that the Government could not recommend this proclamation of Hundreds. He understood that there wax very little indeed of this land fit for agricultural purposes. The SOLICITOR opposed the motion. It was shows last session, to the satisfaction of the House, that there wens not 500 acres of this land fit for agriculture— (Mr Reid : No) ; and it ou-dit not to be attempted, when there happened to be a very thin House, to reverse a decision come to after much discussion hist session. It was also shown last session that this was merely an attempt on the part of certain settlers to get more commonage— tliat nobody would buy more than a very few acres, so as to get a right to run cattle.—(Hoar, hear.) That there was not land enough left for running cattle 111 a well-settled district, was no reason why fresh Hundreds should bo proclaimed. The TREASURER must oppose the motion. This land was within a proclaimed Goldfield ; and it must be token out of those boundaries before it could be proclaimed a Hundred. The Government and the House were advised that, notwithstanding all the precautious taken m the Land Act, land in runs within Goldfields amid not be proclaimed a Hundred without the payment of compensation, unless by consent of the runholder. If the honorable member wisbedit, the Government would endeavor to obtain consent in this ease, though it was not likely to be obtained apart from compensation. If the honorable member wished to cany liis purpose regardless of compensation, he should move for an Address to the Governor to take the land out of a Goldfield, and move also that the General Government should be asked to make provision to compensate the runholder. Captain MACKENZIE moved, "Tliat this House do now adjourn until seven o'clock this evening." The SPEAKER said that such a motion could not be interposed while a member was addressing the House. The TREASURER said that honorable members appeared to have bee.i disinclined to come into the House that afternoon ; and as it seemed to be wished, he would move the adjournment. Mr DRIVER seconded the amendment. It was suggested that the amendment should be, " That tliis debate be adjourned until Monday ;" and this waa put in possession of the House. Mr REID protested, that such a course was trifling with the interests of the country. Such conduct rendered' the members of the Government unworthy to sit in the House. The TREASURER : The Government do not wish to adjourn. I made the proposal simply from a desire to meet the evident wish of the members of the House, 'Mv REID had noticed evidences of a desire for " a count-out ;" and he believed that but for tlie nature of the question he hud brought forward, the Treasurer and other honorable members would uot now be in then* places. Mr BROWN moved, " That the question be now put." The SPEAKER : That cannot be moved. There is an amendment to adjourn the debate. If " the question" is to be put, it must get rid of the amendment, ; Mr BROWN supported tlie adjournment, Mr JULIUS agreed with an adjournment for the afternoon ; but be protested against wasting the five or six hours during which the House might sit in the evening. The TREASURER repeated that the Government did not desire any adjournment. But it was known that some members desired to be absent from the House during tho afternoon ; and it had been whispered by a little bird, that a certain honorable member had said tliat it would make "a nice quiet afternoon" for getting tlirough certain business.— (Laughter, and "Question.") Mr TURNBULL said that no reason had yet been given why an adjournment ■was proposed. Capt. MACKENZIE had been told that there was to be a great' political meeting in the Princess Theatre, and that a great number of honorable members wished to attend it. The question was put, for tho adjournment of the debate ; and there voted— Ayes, 25 ; Messrs Barr, Brown, Burns, Driver, Duncan, France, Fraser, Green, Haggitt, Hay, Henderson, Hughes, Hutcheson, Julius, Mackenzie, Main, M'Dermid, M'lndoe, Mollison, Muir, Robertson, Shand, Shepherd, Sibbald, Vogel. ! Noes, 7: Messrs Clark, Haughton, '•■ Mitchell, Mouat, Murray, Reid, Ttmiibnll.- ---! The TREASURER moved the ad- ! journment of ihe House until seven o'clock Mr FRANCE seconded the motion. Mr MOUAT would not press for a. division, but ho wished to record his protest against the motion. He thought that there could be nothing more unworthy of a legislative body, than that it should adjourn; in this way, because of a public meeting. There could bo nothing calculated more to detract from the influence of such a meeting, than that the Government shouldi take part in getting it vp h and should move the adjournment of the-'House, for the purpose of attending ii, -Mr DRIVER did nofe see why such motives should be attributed. H6.wa»* not going to any public meeting; but ho voted' 1 for the adjournment, because* ho saw that, for some reason, the majority, of the members wished that ths Jlonsof should now : rise, There were important questions to <#me before ihe House j and

> « the members in question were absent, there would be barely a quorum loft, and •■ such business ought not to bo proceeded with. It seemed to him that the Govern- , ment wero simply conforming to the wish 'ot the majority of the House; and he nsdi>' cwld not-sec why they should not do so. Mr BRa^ WK ,movf d as an amendment, tk.t the Hon» sedo a «J«ttm until Monday. MvMIWEh. hL «*»nded the amendment. Mr TURNBULL ft.'Wrted tho amend- i ment. It would gfo7': many country members an opportunity c* gf>'ng home ; and those members who -were going to tho public meeting would pcrA*«*Pß hardly be inclined to attend the Hou.ve in the evening. Mr HAUGHTON thought it would be consistent with common sense to adjourn until seven o'clock. Clearly, honorable members wanted to go to this great meeting—some from curiosity, some from a perhaps laudable vanity—(laughter)— some to see, some to be seen. Rut he protested against the evening being wasted. Seeing that the House w.-is mithvy; at an expense to ihe country— including that of Committees—of about LIOO daily, it was really necessary that some consideration thould be shown as to the length of tlie session. The TREASURER said the Government were completely in the hands of tlie House ; but if the House was adjourned until seven o'clock, lie hoped that honorable members would attend in the evening. The honorable member for The Lakes had stated his views as to why some members wished to attend the public meeting j but he liad not stated his views as to why other members might think it desirable to keep away,— (Laughter.) Mr BURNS cautioned the House with regard to the evening. The first Order of the day was tho second reading of the Loan Bill; and ho knew that some honorable members meant to tlirow out that Bill, if they got a chance. The amendment was negatived ; and (at three o'clock), the adjournment until seven o'clock was agreed to. The Speaker took the chair at seven o'clock. LOAN FALL. The House went into Committee on the Loan Bill The clauses were agreed to without discussion or question. The House resumed. The Bill was reported, without amendments. On the motion that the Bill be read a third time, Mr HAUGHTON complained that a Bill to burden the Province witli from L 70,000 to LBO.OOO of interest, had caused so little remark. A sum of L25 could be fought over; but, apparently, in proportion to tlie increase of the amount involved, was the decrease of tho interest taken in il, and the comment caused. A Million Loan might suit admirably those who meant tii make tho best they could out of Otago during the next two or three years, and then to leave it; but he appealed to those who represented, or were, permanent settlers, to pause and consider what would be the result of tho financial policy of the Government. Ho believed that all those who had property in the Province would bitterly lament the effects of that policy before three years had passed. The SOLICITOR denied that there had been a carelessness, or an indifference, as to this Loan Bill. There was a considerable discussion when, upon the motion of the honorable member for Oamaru (Mr Julius) it wiis resolved to make the amount of the Loan L 1,000,000, instead of Ltioo,ooo. Who could say that this Loan was to ruin the Province (or even to burden it), after looking to the schedule of the Bill, and seeing tho purposes to whicli this Loan was to be applied / Were reproductive public works—was immigration—to ruin the Province ! The loan was asked for for purposes, every ono of which had been approved of after discussion, and some of - those purposes had been approved of not only this session, but iv previous sessions. The Bill was read a third time, and was passed, SHEKP BILL. The House went into Committee on a Bill to be entitled "An Ordinance to Consolidate and Amend tho Laws relating to the Prevention of Scab and other Diseases amongst Sheep." Clauses 1 to 9 were agreed to. On Clause 10, " Superintendent to appoint Inspectors," Mr MAIN said tliat the recommendation of the Committee, that the Chief Inspector should reside in Dunedin, was not canned out. Ho asked that the clause should be amended to .tliat effect. The SOLICITOR moved the addition of the words, " One of such Inspectors, to be styled tho 'Chief Inspector/ shall reside in Dunedin ; and all communications relating to the department sliall be addressed to the Chief Inspector, and each of tlio other Inspectors shall address to such Chief Inspector a monthly statement as to the discharge of bis duties." - Mr HUGHES ashed whether, if the Superintendent was to appoint Inspectors, a new department, in connection with tho Provincial Government, would not be created. Capt MACKENZIE : No ; this clause is almost word for word the same as the one in the old Bill." The clause was amended as proposed by the Solicitor, and was agreed to. On Clause 13, " Inspector to attend and examine sheep," Mr MAIN said he believed that there had been, and might lio, great liardships under this clause, tlirough Inspectors being called upon to travel GO or 70 miles, and then being told that there was nothing for them to do. Be (Mr Mam) had tried to amend tho clause, hut found he could not doit without running the risk : of making the Inspectors too independent !of their duties. He mentioned the mat-. | ter nOw, in order to express the hope that the power given in the clause' might not be abused. ■'"; Mr MUIR knew that recently an Inspector had t© travel 60 miles, being -told to be very punctual, and tliat after he had waited two days, the sheep were not , •'brought.-'/ J

7 Capt, MACKENZIE m& sure that sv.eh cases would be found tq he very rawj indeed. The getting in ot ©heap defended

very much upon the weather ; and it was sometimes impossible to avoid disappointment, after an engagement Imd been made with an Inspector. The clause was agreed to. On clause 25, Mr MAIN said that sheep had recently' been imported, which were found to have burr' in their fleeces. New Zealand wool had hitherto commanded a higher price than that from Queensland "and • other places whore " bun*" existed, ft would be well if imported sheen could be shorn before being turned loose. Mr DRIVER said tliat if anything was to he be done against " burr,""it must be under a now BiH ; for thia was a Bill to deal with " scab and other diseases." Mr JULICS thought there was now veiy little occasion to fear "burr." When there was large imputation, it might be well to guard against the introduction of " burr/ hi nil his experience of sheep here, lie hul never seen " burr." The CHAIRMAN said that this discussion was out of place ; the clause before the Committee-having reference; only to dipping. The discussion should havo been taken on the second read ins? uf the Bill, if at all. Capt. MACKENZIE believed that he saw "burr" in a sheep hero five yeara ago ; but he had never seen any of "it on the same run since, and he "fancied it would linvo grown during the five years, .if at all. The clause was agreed to. On Clause 38, " infected sheep may be destroyed," • Mr MITCHELL moved to insert, after, " If auy sheep infected as aforesaid shall be found.on any land not lawfully in the exclusive occupation of the owner of such sheep, and not being » public road," the words, "or beimg within the limits of » Hundred." The clause was amended, as proposed. On clause 47, "Fines, penalties, and damages recoverable in a summary way," Mr MTNDOE moved to insert the words, " Ali hues and penalties shall bo paid to tho Provincial Treasurer for tho time being." The SOLICITOR said that the amendment could not be made ; for the revenue was already appropriated by an Act of the Assembly, the Ordinary Revenue Act, 1858, Uiich said that "such lines, «&e., should be part of the ordinary revenue of the Colony of New Zealand. The other clauses were agreed to. The House resumed. The Rill was reported with amendments : and the third reading was made an Order of the Day for the next fitting. IMMIGRATION AOKNT. The TREASURER mov..d the second reading of the immigration and British Agent Ordinance, 1854, Amendment Bill. This was the Rill of last session, with the exception that, instead of it lieiu," h;ft to the Council to appoint the Agent, the power of making the appointment w.ts left to the Superintendent and Executive. He desired to repeat what he said last session, that the appointment was not in the most remote degree meant io bo a slight on the Edinburgh Agency, if the Government could apply but L 15,000 to the purposes of immigration, the Government might think it not desirable to send an Agent Home at present; but if the Loan was obtained, and L 35,000 additional could be used for obtaining immigrants, then no time should be lost in sending Home an Agent. Even if the Loan was obtained, it was by no means meant that the amount of it was to be spent at once : : on the contrary, the application for the ' Loan was meant to be an assertion of the right of the Province to have certain extended borrowing powers. It seemed to ' be agreed last session, that it was an abnegation of the duties of the Executive, not to take the responsibility of appointing ' the Agent; and the Government now proposed to take it. Mr MAIN approved of tlie Bill generally ; but he asked Un. Government to redeem its promi.se, and to insert the name of the intended Agent. ' Mr MUIR and Mr BARR .supported the request to have the name of the Agent inserted. After some discussion, Mr HAUGHTON was sure that those who knew what took place last Session, when the doors were locked—the reporters being excluded—would earnestly desire that there should be nothing like a repetition of it. He thought the Government was fit to be trusted to make the appointment; and he advised tho House to leave the duty to the Government.

Tho TREASURER said that there was a misapprehension as to the Government having promised to insert in the Bill the name of the proposed Agent, He know nothing of such a promise. In fact, the name could not be inserted, seeing that the Government had not in any respect considered who should Ikj appointed. There need be no fear «is to there being applicants enough for the office. A great many people had, privately and by letter, informed him tliat they would lie very happy to accept the appointment. He had no doubt tluit the responsibility of the appointment ought to bo wholly assumed by the Council, or wholly left to the Government; and he was sure that tho Government had no objection to the House takir.g the responsibility if it was so desired. There was ii'*t only the experience of last session ; for three or four years ago, the then Government made an appointment and submitted it to tho House, and the House not approving of it, Something like repudiation waa forced on the Government It would be well not to discuss the question now ; for, no doubt, on the clause itself, there would be a long discussion. The Bill was read a second time, and was committed. In Committee, Mr REYNOLDS said that he saw no diftieulty in the Govermnent putting the name in the Bill, and making it a Ministerial question. If the House did not approve of the person so named, let it be referred back to the Government to reconsider the matter. He conahhared the appointment of this Agent ol more real importance to tlie future of the Province, than even the election of a Superintendent ; for upon the seleciaon of the Agent wou*d greatly depend ih& character of very m^ny of those who were to become, our fellow-Colonists, for good or evil. 7To give the Government an opportunity of -considering the matter, ho would move, "Tliat the Chairman report prciaresi and. ask leave io sit again,'* H ...

Upfcun MACKENZIE opposed the amendment. An Agent would not be wanted, if only L 15.000 was to be spent; ami he desnx-d that the Government should make the appointment, if it became necessary, so as to avoid ihe possibility of the repetition of such a scene as took ' place last session.

Mr SHEPHERD asked the Government to explain whether the Agent was needed, if tiie Loan was not obtained.

j Mr 3IAIN thought that the nnttcr might be arranged without- the motion of the h<>n. member tor Dunediu (Mr Reynolds) being put to ihe Hor.se, if the Government wr>.?M give v distinct pledge that it would, whm tho nppointment became necessary, consult tho Council. If a good^ Agent was not sent, the objects of the Bill would by defeated : tor the Province would bo better withcut immigrants than with bad om-s. An Agent shoidd be a man al>ovo local prejudices. There would be a diiiioulty in inserti'iv a name iv the BUI, {t? ,if thu hill wn& pissed, it would lw> a good contract with the Agent, and the Government would he responsible tor his salary, vrhcthur the Million Loan was obtained' or not. But if the Government, would give ilm pledge to consult the House in the nppoiutmeiit, the diiHculty would bo avoided.

Mr REYNOLDS thought that if an Agent was not required to expend the L 15,000, there was no necessity to pass the Bill this session, if the'loan was granted, the Council culd be called together, and the appointment made. The TREASURER thought that the question resolved itself into whether Uie Bill should be thrown out this session. The Government was not prepared to comedown to the House witli a name, nor would any Government so doin«' submit, mt recommended by the hon? member for Dunedin, to have the name struck out. He did not agree with a number of Honorary Agents being appointed—gentlemen who'would only use the appointment for amusement. Either let the Government or the Council make tho appointment. The Government was not prepared to name an Agent, nor even to recommend that one should be .sent Homo at once ; and it was not fair to have a discussion upon the merits of any gentleman named for the position, and then, perhaps, be not able to emolov him at all.

Mr REID re-retted that fhe appointment of thu Agent was to be made contingent on the negotiation of the Loan ; for he thought that, in that coutin^ucv, there would be no Agent for .'some time to come. Even if there wan but Ll 5,000 to be spent, the appointment of an active, suitable Agent, would be of great good ; he cared not whether one was sent Home, or whether some <,nu at Home was appointed, if the Government knew of a suitable person. He was not wedded to any particular mode of appointment ; but ho should be glad if a nomination by the Government cuu j<] } Klvc t ] UJ approval of the ilon.se.

Mr MA IN must opprwu the Bill, unlo.» there w.as a pledge that thu Council should be consulted as to the appointment : and lie was sure that the rejection of this Bill would seal the fate of tlie Loan in the Assembly.

MrM'fNDOK thought that if this appointment w;is as important as the election of Superintendent, there had better beau appeal to the country.—(Laughter.) Mr TURNBULL hoped the Government would press tlie Bill, and would, as soon as they could find a proper man, appoint an Agent, even if there was to he but L 15.000 spent on immigration. It was non-iense to talk of calling the Council together specially to consider thia appointment.

The question that progress bo reported, and leave asked to sit again, was put ; and the voting wan declared to be—Ayes, Vi ; not*, IS.

Mr HAY called attention to tlie fact that the honorable member for Dunediu (Mr Miliar) gave )m voice with the "Aye:,."

Mr MILLAR: J pledge my word, Sir, that 1 never opened my mouth.— (Laughter.)

Mr MITCHELL called attention to the fact that the honorable member for Oamaru Country (Mr Huteheson) gave his voice with the " Ayes."

Mr HUTCHESON said that when ho came into the House, ho w;is told that if he gave his vote with the " Noes," the Bill would be thrown out When he found tliat such wan not the ease, he felt bound to vote otherwise.

The CHAIRMAN : If the honorable member gave his voice with the " Ayes," his vote must bo so recorded. Tlie amended declaration of the vote will therefore be—Ayes, 14; noes, 17, The lists were—

Avbh, 14: Messrs Clark, Green, Hay, Huteheson, Main, M'Dermid, Mitchell, Muir, Murray, Reid, Reynolds, Shand, Shepherd, Sibbald.

Nobs 17 : Messrs B;ur, Brown, Burns, Duncan, Fraser, Haggitt, Henderson, Hw'hes- Julius, Mackenzie, M'fndoe, Millar, Mollison, Robertson, Tayler, Turnbull, Vogel. The amendment was, therefore, negar tived.

The TREASURER said he thought that he could make a suggestion which would meet the wishes of the House. The honorable member was, no doubt, entitled to be consulted in this matter, as well from his position in tlie Province, as from his being Speaker of the Council. The Govornment woidd amend tho clause, hy inserting the words, "with tlie concurrence of the Speaker of the Provincial Council." He thought that that would meet the views of all,; unless it was really desired that tlie Council should exercise a piece of patronage.—(No, no.)

Mr REYNOLDS wax, still not saiisaed. He thought it would be far better that tlie Agent should be appointed with the concurrence of the Council.

The first clause waa agreed to; and the second was pnt, with tho amendment offered by tho Government.

Mr MAIN thought that tliis amendment was a guarantee of the honesty of the Ministry as to the appointment; and he thought tliat all would now concur in passing tho Bill. The modesty of the honorable member for Dunedin Tjrevented his prouusing|to take partin t*ae matter; but the Committee would, -no donbt be thoroughly satisfied!' , The clause ,wp £gc*es to. " On Clause 3,; 77. '....", Mr HUGHES Suggested that L3OO

would not* bo sufficient for the travelling * expenses of fhe Agent. ** Mr REYNOLDS propped to ins«r* ' not exceeding JE.oOO. • > *

_ t The TREASUtfRR explained that tho Government thought it not desirable to introduce tho amendment;

lhe clause was agreed to; as were the toimh clause, and ihe preamble. He House resumed. Tho Bill waa reported without amendments ; and it Wis read a third time and was-passu!

riU>V!Ni.;i,u. WAUDKV.s' roUKT-l The .SOLICITOR moved the second reading of the Provincial Wrens' Umrts .Jurisdiction Extension Bill. Tho LM was a sequel to one already ]«55.., lby the Council, providing to a certain extent ter the administration of ju.sti.-e i v tho Imvnice. ft was impossible that thclauses of this Bill could be included in tne toriiH-r Bill: k-eau.se, under thu I'mVHicial Counab Powers Act, 185(1 the Council could only give such po we're as were irnw proposed, to Courts that wero already moxistence. -Tlie Rillalteadvpasseil nnvuig created Courts, it was now proposed t.i give them jurisdiction in civil manors, up to L*jo. i„ f actj it w . w , )ro _ posed to jrivc to tb,i new Courts just that jurisdiction which wna formerly possessed by Resident Magistrates' Courts under the old Act of tlie Legislative Council—a jurisdiction whicli, so far ;\r, Resident Magistrates' Courts were concerned, had now been considerably extended. Hewas of opinion that ifc was perfectly withm the jviwer of the Council, under tha Provincial Councils Powers Act; and having swallowed the previous Bill, the. Council might as well swallow this one. Capt. MACKENZIE would liho (.> Know from the .Solicitor, whether Courts already constituted, aud maintained out of the funds of the Colony, had not cognisance of all that it w.as now proposed to entnist to the new Courts.

Mr JULIUS could not concur in tha doctrine that because the Council bad swallowed one unpalatable morsel, it was, therefore, to swallow another that was still more undatable. He should not try to oppose this Bill; but he must protest against the course being pursued, a» being necessarily calculated to throw the brand of discord amount the Gohliiekhj residents, and greatly to increase existing complications.

Mr TURNBULL considered that tho matter should be left over until the meeting of the General Assembly, unless it was desired to establish an extensive staff o£ oiHeials. There was rm necessity for a, double set of Courts, and in place of stren^theninu: the cause of the Province it would •■•xcite ridicule. He felt convinced that the A;i"iombly^would do the Province justice as soon an it met.

Mr ERASER could r.ofc nee why tlw Bill could not bo left over until it was known what the position of the Province would be. He would tike to know if tho

newly-appointed Agents would havo tho

powers of the present Wardens, aud would they have control of the records ?

Mr SHEPHERD had refund te swallow the parent bill, and he would c mx:i:-»tently oppose this, because he know that both would auue confusion on tho

Goldfields, and would bring justice into contempt.

Mr RI-:iD also entered his protest against the Bill. Did the Government believe that the Governor would .sanction it ? He felt confident that they were well aware it would bo disallowed, and would become waste paper. Ho believed that, the only object in bringing the Bill forward, was a desire to see how fur it waa

possible to go, still keeping within law.

Tlie TREASURER said it was too lata in tho Session to open up the old argument. All the remarks made now applied to the Bill already passed, when it was understood that the present Bill wa* necessary. Strange thingH were happening ; and there was a necessity for an

assertion of the powers of the Province.

The Government did not wish to inter*

fere with the course' of justice, and were ho hopeful that occasion would not arise

to mv the Bills, that no sum had been.

placed upon the Estimates to put theut into operation.

Mr HAUGHTON had taken Constitutional objections to the passing of the first Bill, and" he would not repeat them. He would, however, ask the Solicitor—. What right the Council" could have to give extended jurisdiction to Courts proposed to be created under a Bill which, (so far as he knew) diad not yet received the sanction of the Governor, and wtm r therefore, not law.

Tht* SOLICITOR : It lias been assented to by the Superintendent.

Mr HAUGHTON did not require to be informed of that: but he doubted ihe power of the Superintendent to assent to any such Bill. Tho Treasurer was exceedingly clever in tlirowing dust into the

eyes of members and of the public ; and he had now talked about the necessity foc^ using the powers -under these Bills, because of the exercise of certain patronage on the Goldfields, by tlie General Government,

The TREASURER: I spoke of ths, possibility of having to use these powers ; but 1 said I hoped the necessity woulel not arise.

Mr HAUGHTON : These Bills, if anything, were Bills, to supersede Justices o£ the Peace; and he should like to know what single tiling the General Government had done, or were likely to.do, out the Goldfields, to afford a pretence for tho • passing of any such measures. The motion for the second reading o€ the Bill waa adopted, there voting—Ayes, 17 : /Messrs Barr, Brown, Duncan, Haggittj Hay, Henderson*, Hughes* Huteheson, M'Bera>idy MMndoe, Miliar^. Mollison, Muir, Murray, Shand, SibbaJd^ Vogel. . Koks, 9 : Messrs darV, Eraser, Haugh~ ton, Julius, Mickenzv*, Mitchell, Reid^ Shepherd, TusrnhuU. The Bill wan read, a second time, aa& was committed. Li Committee, tlie clauses wore agreedt to. Th^ House resumed; and the Bill wast rea<l * third time, -and was passed. BVILVISO ORDINANCE. The SOLICITOR said that the Dunedh* Building Ordinance, 1862, Amendment Bill, 1807, was a measure that did not seem to suit anybody. There wero many persons largely interested; and an in*niense number of alterations in the Ordinance of XS62 wero required^ many of wliich were not provideafor In the Bi!s. now before the House. !I%^«re» th%

Government proposed to drop tlie Bill; and he would, during the recess, look carefully into the matter, and endeavor to prepare an Ordinance to meet the views of all parties, assessors vsnr.n the waste lawdh act. The TREASURER moved tliat the apS ointment of assessors recommended in _ Icscage, No. 17, be approved of.—-[The Message was, " In compliancy with the provisions of Section LNNV'J. of the Otago Vin.HU; Lands Act, ♦1800, the Superintendent submit!}, tor the afiproval of the Provincial Council the gentlemen named in the margin (/James Hassell, Cave Valley ; George Murray, East Taieri; W. ii. Roes, Frankton), whom he intends to appoint as Asjjessors in'tonus of said Act.] It was proposed that, for the present, at lea:>t, payment should be by fees. The dutie:i were very various; nnd, for some time to crime, there would not bo nv.'.ny assessment;} to be made. Mr MOLLISON seconded tho motion ; and it was agreed to. , HIfEKP lIIM,. ! On the motion of the Solicitor, the ! Standing Orders were suspended ; and the Sheep Bill was read a third time aud was pjissed. TlfE COI7KOIL HALT, ANO F.OO'IH, The House went into Committee, to consider an Interim Report from the House Committee. The TREASURER said that he believed it would be impossible for the control of the Building to bo left, during the recess, subject to the joint direction of the Government and the Speaker. If il w;is desired that the Speaker should have sole control, let it be so. As tbe report stood, it seemed as though tlie Speaker and the Government were personally to carry out certain public works about the Bdilding. The Government would always be glad to seek the assistance of the Speaker, as much as w.'is possible. He moved to strike out clauses .'* and 4, Mv FRASER would move that the report be printed. Nobody in tho House knew what was being talked about. Mr REYNOLDS said that the clauses amounted to this:—Thatduring the recess, the Speaker be empowered to direct an alteration by which the library should become the refreshment room, and the refreshment room the library ; that the Speaker and tlie Government jointly cause the Hall, the offices, ai.d the Com-mittee-rooms to he painted or papered ; and that no portion of tho Council's part of the building should be rrsed tor auy purpose not connected with the business of the Council, except with the consent of ihe Hou:;o Committee doling the session, and of the Speaker during the recess. The other recommendations were not important. 'Mr ERASER withdrew his amendment. There was a discusiuon, during which the Treasurer urged that it would be impossible to carry out the proposed arrangement ; and he moved to report progress, ho that the repurt mi|;ht lie printed. This was negatived. On the Treasurer's motion lo strike out clauses o and 4, being put, there voted— Ayes, 4 : Messrs Burns, M'Dermid, Mollivon, Vogel, Noes, V. : Messrs Green, Henderson, Huteheson, Millar, Mitchell, Muir, Murray, Reid, Reynolds, Robertson, Shand, Shepherd, Sibbald. The TREASURER moved that progress bo reported aud leave asked to sit again, with a view of ihe report being printed. it was quire impossible for the Speaker to be allowed to interfere with the Go*, ernmeol o-iiees and oiiieers. There would be tlie utmost desire to consult Mr Speaker in these matters; but the Government could not, con.-ient to carry on its work, under such a condition of thing?} as would exist if this report was adopted, Mr' REYNOLDS thought th.it the Treasurer was mUtor:ar.( lhe matte-, aud what would be it:? el icons. He thought it ' would be'wellto l'cpoif progress, and to give members ike opportunity of seeing the report printed. The amendment was agreed to. The House resumed, and progress was ' reported, leave being obtained to ait again : on Monday, - ni!YiU\;r.. ; Mr FRASER wished to raise a question of privilege. 'Die honorable member for Dunedin (Mr Millar), at a public meeting held during the afternoon, in the - course of a speech which lie. then made, i requested thepooplc present to vote in the matter of the "plebiscite," and also to ; sign a petition to the Queen, iv favor of ; .Separation, intimating that such petition < had emanated from Vnv Council The" SPEAKER thought that the honorable member for Dunedin must 1 have spoken in error, if ho said that a petition on Separation had passed the 1 House. No such petition had been 1 adopted. i Mr MILLAR totally denied tliat he ! had spoken to the meeting of a petition that was, or had been, before the House; - for. he had fortified himself, by having in ; his possession a distinct petition. If his ; motion as to-the petition drawn up hy tho Committee was not passed at this sitting, lie would, to-morrow, as a private citizen, j circulate a petition in favor of Separation, for signature. , Mr FRASER repeated observations used by the honorable member, at the i meeting, to show that the reference to. a i petition must havo been to the petition drafted by the Select Committee. Tlio SPEAKER said that if the petition drawn by tlie Committee waa not con- . sidered at'this si ting, it ought'to be; for it'was resolved by the Council, on the I loth instant, that petitions similar to . that which he (tbo Speaker) was to sign * ( on behalf of the Council, should be cir- j culated for signature by those who desired j to sign it, and that an Address should be ( presented to tlie Superintendent, that he , would be pleased to allow the machinery ■ for taking the vote as to the Goldfields '. Management, to bo -used as for as pos- ~ fiihle for obtaining signatures to such petitions. ■ . '. . 7■ 3 A. 7 A Mr HAUGHTON had no doubt that copies of a petition precisely similar, in paper and type,- to that brought up by the Committee,' , wero posted \ip in dntorent . parts of Dunedin. As the Government . had taken means tot enable those who i could not write to vote as to the Goldfields, , > wished to know whether arrangements J

had also been made to enable the inmatei of the Hospital, the Lunatic Asylum, anc Hie Gaol to vote. Mr REID, while there was a question of privilege before the House, wished tc call attention to what purported to be a public journal—though he could scarcely call it hy that name—the " Evening Mail." That publication, in what waa given as a report of what he said during the afternoon, had not only made hrm say exactly tlie opposite of what ho did say, but the-whole thing was so confused, that he hoped the editor, if there was one, would see fit to publish a correction, if the editor was not more careful as to what he published, he (Mr Reid) would think it Ids duty to call the attention of the Speaker to tho presence of reporters in the Galle. vy. 'J'lm SPEAKER thought that the attention called to the report would be sufficient for what the honorable member de-jircd. Mr M'INDOE said that he would give fresh notice, for Monday, of his motion as to the Bye-laws of tho Corporation of Dunedin. .■Mr MILLAR asked leave to bring on his motion as to the Separation petition. Mr M'DERMID suggested that it was now too late, for all practical purposes, to adopt the petition at this sitting. It would be far belter to allow the petition that had been put out, to stand on its own merits, apart from the sanction of the Council. Mr FRASER was as strong a Provincialiat as any member of the House ; but he would rather that the vote to-morrow should be against his views, than that it should be possible for any one to say-that the vote had been unfairly taken. If there was to be a vote of the Province m Separation, let it bo taken distinct From the vote to-morrow. Let it not be possible that ignorant or careless people might be led to vote to-morrow, under the belief that they were voting for Separation. Mr HAUGHTON protested against Motion No. 14, being brought on out of its order. The honorable member for the Reid fields' (Mr Mouat) had notice of an imeudmeiii to the petition; and that honorable member could not have suspected that three Bills would be so soon jet through, and ihe motions transposed io completely. After a threat deal of discussion, The SPEAKER said that it was utterly impossible he could say whether or not here had been a breach of privilege in ;onnection with a petition brought up to die House by a Committee, unless he was supplied with the means, and allowed the iccessary time, for comparing the docunents. He had, of course, no difficulty n replying to the honorable member for he Dunstan (Mr Fraser), that no petition ts to Separation that might at present be jefore tlie public, had the sanction of the Provincial Council, or had emanated from it. He would motion the matter at the next sitting. COMiMON'AOK AT WHATUI'.IWTON'BS. Mr HAY moved, " That an Address bo presented to His Honor, the Superintendent, requesting that he will be pleased lo cause 2000 acres (more or le«s), on the till between Wetherstones and Gabriels, ,o bo reserved as a commonage for the xmefit of the Inhabitants of Gabriels and Wetherstones." After some discussion, the mover asked md obtained leave to withdraw bis notion, the SECRETARY undertaking hat the Government would give the natter consideration. Mr MITCHELL moved the adjournment, of the House. The motion was negatived, after dissuasion. MUNICIPAL LANDS AT IULOLUTHA. Capt. MACKENZIE (for Mr Thomson) moved, " That an address be presented to His Honor, the Superintendent, requesting that be may be pleased to give .'fleet to the petition ot certain residents in tho township of Balclufcha and the Jlutha district, praying that certain town '.ands therein named may be reserved for municipal purposes for tho township of Baleluthii." r Tho SECRETARY stated that tho 'lovernment agreed to the motion; and A was carried. Mr SHEPHERD inovad the adjournment of tho House. The motion was negatived. REPARATION*. Mr ]\nLLAR moved the suspension of tho Standing Orders, to enable him to bring on the motion standing in his name, "That the Report of the Select Committee upon the Petition and Xddress to Her Majesty the Queen, be taken into consideration, in order te its adoption by lhe Council." Tlie motion was seconded : and a number of members at once left the House. 'Mr. HAUGHTON objected that the Standing Order to be suspended should bo specified ; he believed that there was no Order having reference'to +he Order Paper. Tho SPEAKER held that tho motion was' a proper one. Attention was called to the state of the House. The SPEAKER said that the Clerk reported that there were not two-thirds of the members present. Therefore, the question of suspending the Standing Orders could not be put. Mr MILLAR asked leave to bring on his motion ; hut leave was withheld, there being a number of voices in the negative. JLVSH IS-, GOLDFIELDS. Mr CLARK nfoved, " That His Honor, the Superintendent, be respectfully requested £o recommend to His Excellency, the Governor, to --proclaim, Runs 35, 36, and 94, a new Hundred, and thereby give effect to the petition of certain residents in tho Tokomairiro, Clutha, and Waitahuna districts." The petition bore dj)o signatures. The land in question was very valuable, and he felt convinced that if put up for sale, more than one-half ■Would meet with, ready sale, at Ll per acre. YMrMUIR seconded the motion. Mr MITCHELL moved the adjournment of the debate j the amendment was carried. ':j"7 r '~ -: ./ -. •-'•'.■ ',■■■ .;■ -... Capt. ,MACKteZm J moved the adjournment of tho House, which was negatived. TAPAXCtt AND BEAUMONT ROAD. Capt. MACKENZIE moved, "That

an Address be presented to liis Honor the Superintendent, requesting him to cause enquiries to be made as to the reasons which induced the District Officer to take the road from Tapanui to Beau- j niont via Moa Flat, over the Wooded Hill instead of up tlie Flat, in the direct line j to Beaumont and Teviot; and to cause the result of said enquiries to be laid on the table of this House without delay." After some discussion lietween Mr Driver and Capt, Mackenzie, the motion was agreed to, AD.TOUKNMENT, Mr HAIuGHTON wished to take tlie opinion of the Speaker, whether any further business could l>e commenced. According to the Standing Orders, tho House could not, except by resolution, sit on Saturday. Although a, discussion could bo finished, it being now Saturday, he suggested that no other business could be commenced. The SPEAKER held that; at present, •the sitting of Friday was being continued; and that such would be the case, if the House sat until daylight. Mr HAUGHTON moved the adjournment of tho House. Mr REID seconded the motion. On a division, the motion was carried, by 15 to 9. I'RfVILEOE. Mr HAUGHTON wished to raise a question of privilege. He liad just been informed that the Council Hall was to be used during the day, for the purpose of taking a party vote; and he wished to know wheher Mr Speaker had sanctioned such a use of tho Hall. The SPEAKER,: It will certainly not bo with my consent, I nev*>r heard of it till just now. But the House is adjourned ; and I cannot say more on tho subject. • The House was, at ten minutes before one o'clock, adjourned until two o'clock on Monday. [Mr Tayler was reported yesterday to have said, hi the debate on Harbor Management, that there was on tho Select Committee " one man" who knew nothing of the working of the Harbor. It should have been, i " ordy one man who know anything," &c]

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ODT18670601.2.20

Bibliographic details

Otago Daily Times, Issue 1691, 1 June 1867, Page 5

Word Count
7,610

PROVINCIAL COUNCIL. Otago Daily Times, Issue 1691, 1 June 1867, Page 5

PROVINCIAL COUNCIL. Otago Daily Times, Issue 1691, 1 June 1867, Page 5

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