PROVINCIAL COUNCIL.

Otago Daily Times, Issue 2257, 30 April 1869, Page 2

PROVINCIAL COUNCIL.

Thursday, 29th April. The Speaker took the chair at 2 o'clock, and-read tho usual form of prayer. TUB CHAIRMAN OF COMMITTEES. Mr Haughton, the Chairman of Committees, was present, and took his seat. PBTJTIONS. Mr THOMSON presented a petition from Mr John Petchel, of Kiverton, who stated that he had beon called upon to pay damages to the eactenc of L 450, for injuries sustained by William Campbell, at the Clntha Perry. It "was shown that whilßt he (the petitioner) was waiting the arrival of some friends at the landing stage, the tail board of the punt was thrown down, and coming into contact with Campbell, in itß fall, broke hi* leg. The petition ascribed the accident to the insufficiency of the apparatus, and explained that, in consequence of the verdict given against tho petitioner, he had beon placed in embarrassed circumstances.

Mr THOMSON presented a petition from settlers in the Clutha district, praying that certain runs should bo declared into Hunderds. The hon. member also presented another petition to the same eflVct. Mr HENDERSON presented a petition from the inhabitanta of Clutha, praying that a Trust might be formed for the navigation of tho Molyneux. Also a second petition to tho same effect. The above petitions wero received. UKAUTHOIUSKO KXi'KNJJITUKK. The following communication from tho Provincial Auditor was read by the Speaker, and laid upon tho table :— Auditor's < 'ffico, Dunetiin, April 28, IBG9. Sir—l havo tho honour to enclose atatement of unauthorised oxpendituro for period Axjril 1808, to March 31, 1809, with His Honour theSuperintemlent'e special orders, in virtue of which I certified tho warrants. —I am, &c, A. Livingston. To tho Speaker. Interest on Debentures Loan ... 2(00 0 0 Interest, exchange, and commission .. ... 500 0 0 East Taieri Bridge to Tokomairiro 240 0 0 Saddle Hill to Weat Taieri bridge 200 0 0 Municipalities and supplemented

roads 5000 0 0 Salaries for discharged officers... 2G9 3 4 Dnnedin jetties 70 0 0 Removing Saddle Hill toll gate... 70 2 G Crane, Moeraki jetty . ... 78 10 0 Municipalites and supplemented roads 2000 0 0 Central Police Station .. ... 14 0 0 Road and Works, travelling expenses 30 0 0 Dredging Harbour 110 0 0 Duncdin jetties 60 0 0 West Taieri bridge .. .. 25 0 0 Weights and Measures! 273 7 (i Gold fields, travelling expenses... 2(JO 0 0 Interest; on Debentures, Public Ei/ildings Loan .. .. 1000 0 0

£12,19G 3 4 AD.JOUHNMENT. Mr VOGEL said ho did not know whether it was the desire of tho House to proceed with the busineflß or not. He, however, believed hon. members would not wish to meet to-morrow (this) afternoon, and he therefore moved that the House at its rising adjourn until the next evening at 7 o'clock, but at the same time he de- i sired hon. members to understand that if they would prefer that there should be an adjournment until Monday the Government entertained no objection. He also believed that m case the House at its

rising adjourned until Monday, Mr Thomson would wish to move the suspension lof the Standing Orders to enable him to propose that certain petitions should be referred to the Private Petitions Committee. He moved, " That the House at its rising adjonrn until the next day at 7 o'clock," on the cloar understanding thaf the Government had no objection to ad'}ourn until Monda)*. Mr HUGHES seconded.

Mr M'INDOE moved as an amendment, " That the House at its rising I'adjourn until Monday." ' Mr HUTCHESON seconded. The amendment was carried. THE CASE OP Silt JOHN FETCHBL. Mr THOMSON then remarked that as the House had decided not to meet again until Monday next, he moved the suspension of the Standing Orders to enable him to propose that tho petition from Mr Petchel be referred to the Private Petitions Committee. The Standing Orders were suspended, and Mr THOMSON moved the reception of tho petition.

Mr BUIINS thought it would tend greatly to further the business of tho Council if the Speaker were to adopt the course pursued by the Speaker of the Assembly in such matters,'viz., simply to forward petitions to the private Petitions Committee on hia own responsibility. During former sessions a large number of petitions were presented, and if many were brought under the consideration of the House during the present session, time would bo saved by adopting the course j which ho suggested. • ■'-■ ! The SPEAKER explained that tho course suggested by the hon. member was contrary to the practice of the House. Mr BURNS asked that the prayer of the petition might be read. The petition was read by the Clerk Mr MOUAT trusted that the House would not decide to depart from the established rules in regard to dealing with petitions.

The SPEAKER explained that ho had not given any ruling on the point raised by Mr Bums, and that it was competent for the House to depart from the ordinary 'practice observed iv such matters, ify it' thought fife 7 Mr HAGGITT thought that if a petition of this nature, were .referred to the Private Petition* Committee, especially without its nierits having been previously discussed by the House, hong members would be opening the door to a very great

evil. lie also considered UiatwT* — """* petitions wore presented, it B honll k * duty of the hon. members L,3 *» «* to explain the circumstance* und^i-? they were presented. Ik- n\, 0 j *«<* bor) then read various liorti,,.,', repetition to tin, Horn,, and « ;ii ,i t &** after the verdict given by the j» r f ' had heard the evident given i n \s ' *ho such cjsos wero to "bo dnh^' by the House, tho end* U';„ r' 1' 1 instead of being furh.ml W**, bo defeated, at tho cxp^,.' v J d country. Under all the circumstance, l^ the ease, he did not think it was m • which tho House should bo called un '" interfere. The jury had f uim d { ff*> tho act of tho petitioner tho n Campbell was injured, and they Iw . J*? damages, and now the petitioner d esiLi to bo reimbursed. Ho would never sent under similar circumstances {~ 6 , { Mr VOGEL explained that he conS not agree with some of the principle* l ft ;i down byMrHa-itt. ltA-aa fir^S that all petitions should be referred toth Private Petitions Committee ; but at th same timo, it must bo understood that r* did not express any opinion a.s rcardod the merita of tho petition under discuT sion. Mr Haggitt, by his remarks' X ' peared to reflect somewhat upon the hon member who presented tho petition and ho was not sure if an hon. member had any right to refuse to accupt a petition from his constituents when respectful]* worded. * MrHAGGITT explained that ho W not intended to cast any reflections upon tho hon. member who presented tho tion; he merely suggested the advisability of the particulars of a petition bein» stated to the House when presented Mr HUTCHESON spoke in favour of the peMtinn being received. Mr M'LEAN considered that ho would not bo properly discharging his duty if ho did not make a few remarks in regard to tho matter before the Houso. 110 happened to bo foreman of tho jury who tried tho case in which the petitioner was defendant; a great'mass of evidoncowaa laid before the jury; it was patiently considered, and tho verdict was a just one. Ho did not think that under tho circumstances tho Houso should fi»ree to deal with the petition. If it was sent to the Privato Petitions Committee, ho would oppose it whon it again camo boforo the Houso. Mr TUHNBULL could not concur in the remarks made by tho hon. member who had last addressed the House. Though tho verdict of the jury was a jutf one, it was at tho same time quito consistent that tho petitioner might hava & claim on the Province. Jf it were proved that tho caußO of action arose through the irisuflicicncy of the appliances of the Government property, tho case was at all events a good ono for the House to take into consideration. Ho did not desire to express any opinion upon tho iiK-rita of the caso, but he thought a sufficient ewe hud been made out for consideration by the Com mi t tee, and that the petition did not in any way reflect upon the verdict of the jury. 110 also thought that much time might be saved in the examiuatiun of witnesses before Committees. Re pointed out that it had been tho practica to write down questions as well as answers, and sutreated that much time miirht bo saved by adopting the course pumied in Courts of Law. Ifo would support tho proposition to refer the petition to the Committee >>amed. Mr SHEPHERD did n-t aeowbytho petition hhotikl not be received, hut explained that from information lio had received from n Into member of tho Government, he had come to the conclusion. that the petitioner had no claim on the Government. Capt. MACKENZIE Haid it appeared that if tho petitioner had not interfered with the management of the J'nnt, tho accident would not have occurred. Ho did not think that it w.*w a matter that should be referred to tho Private Petitions Committee. Air H/iUCHTONdid not think that anything like a prima facie caso had been made out. Mr ASHCROFT, as a member of the Privato Petitions Committeo, deprecated the course that had been pursued with tho petition. If the merits and demerit* of petitions wero to bo thus dealt with by tho Council, it would be wnposfliblefor memberaof tho Committee toonter on the discbarge of their duty without, a certain amount of prejudice either one way or another. He thought that tho proceeding was very wrong, and ho for ono would wipe away all remembrance fif the discussion from bis memory, wa« to be enabled to approach the consideration of the subject with a mind perfectly unbiaHw],

Mr THOMSON" was hoard in reply.after winch the question, as put by the Speakerj, w»3 declarod negatived. On division— 12 votes were recorded for the ayeß, w« 9 for the noes. The petition was therefore received. xoti :es ok motiojt.

Mr SHEPHERD, at the next sitting, to move : " That a return bo laid opoa the table of the quantity ami aitualioa of land taken up on the goldlii'lds during last year, the amount payable for same by way of rent., the number of holdings ; also, the number of great cattle and sheep depasturing on tho goldGeuM under the GoklfieWs. Ki-guJali""". lJ e localities and revenue received during toe last year for h;ime." Mr SHEPHERD, at next Bitting: "That a return be laid on tho tab» showing the quantity and position « lands thrown open for settlement on tne gold fields since the last session, the area* taken up, compensauon paid, and ta names of persons receiving swic. Mr SHEPHERD at next sitting. "That a detailed statement of "» amounts voted last session which nsvu not be.on, or have only baen partially, expended, showing also the various sorn» carried to suspense account,^ bo Iwa the taWf as enrly as possible." { ,mi .* Mr GILLIES, at next sitting : *J? the honorarium payable to meoiocrj" titled to it be limited to a sum of l« l the neesion." . «TliiU MrVOGBL, at next siUm? : ''JJ* Select Committoo be nppoinU-d to into consideration tho Southern ij". Railway Amendment Ordinance, an" ■ whole au^jict of construction ot.l 0 Railway ; and that it be an orcer 01 Council that such Committee sha I cons' of Mr Speaker, with his consent, «« Duncan, Raid, Driver, Henderson, W""*' Tur-ibull, and tho mover." »»pi,at» Mr MOUAT, at next sit in«: Select Committeo be appointed to en u^ into the xnanagement of tho, , Vc tof lhrona[honi tho proving, withthe }X- » ascertaining the possibility ".7.'.^ nnifontf rate of tolls ; such Oomnmg^. consist of Messrs Brown, Hu«hc 3» bull, Eeul, and the mover. f0; Mr MOUAT, at next sitting, » »« "That a return be laid on «eJ^,J Showing tho total amount ol J tioo . wing tinder the head of roI^ oO i)t paymente, and specifying • tno _ eiatimat«d; as good and. bad aeows tlvely, and the names of tne F owingr the same.'* .: mi)^t Me MOUAT, at next -rfttojfi w

"That an Address bo presented to His Honour tho Supuriiuondent, requesting that he will b« i>!e;w;d to cause a sum to be placed on tho Estimates for the conutrti'jtion of a lino of telegraph to the Mount Ida goldiields." Tho House, on tho motion of Mr BROWN, adjourned, at half-past three o'clock, until two p.m. on Monday.