THE Otago Daily Times. WEDNESDAY, NOV. 23, 1870.

Otago Daily Times, Issue 2745, 23 November 1870, Page 2

THE Otago Daily Times. WEDNESDAY, NOV. 23, 1870.

The Ministerial crisis which lately agitated the Provincial Council of Canterbury had scarcely parsed away, before the political system of the province was again deranged by the occurrence of another constitutional dilemma. One of the first acts of the newly appointed Executive, at the head of which is the Hon. John Hall, was to revise an act of their predecessors in which the Superintendent had concurred. It appear* that there is a dispute between the Provincial Government and the Bank of New Zealand, the history of which is stated in a local newspaper as follows :—' The Bank claims a certain sum as commission on debentures placed in its hands for sale, while the Government require the repayment of interest alleged to be debited in error; and neither party admits the justice of the other's demand. The late Executive—Mr Jollies—after fully considering the matter, and taking the opinion of the AttorneyGeneral, decided that the claim of the Bank was altogether inadmissible. They therefore declined to entertain it in any shape, but offered to submit their own claim to arbitration. The Bank authorities, on their part, expressed their readiness to refer both I claims to arbitration, but refused to take that course with one only.' When the new Executive came into office, they, decided that both claims should be referred to arbitration. His Honour, however, would not accept their advice, on the ground that the decision of the previous Executive had been

carried into effect by him, and consequently that the matter must be regarded as settled. LeDgthy memoranda passed between him and his advisers on this question, the result being that MiHall submitted the matter to the Council. A constitutional debate was at once commenced, which resulted in the passing of a resolution to the effect that ' the Executive Council is not of necessity bound by an administrative act done by the Superintendent with the advice of a former Executive, except in cases where the good faith of the province is involved.' The question itself is one of more than local interest, involving as it does the relative powers of the Superin-

tendent and the Executive. That more than one serious difference of opinion, has arisen between the Superintendent of Otago and his responsible advisers is very well known, but none of them has yet led to a ' crisis.' The position taken up by Mr Rolleston, as Superintendent of Canterbury, seem to be essentially different from that with which Mr Macandbjew has contented himself. Mr Eolleston is evidently of opinion that as Superintendent he possesses constitutional powers totally independent of the will of his Executive—that he is not a State puppet to be manipulated at their pleasure, but the supreme head of the administration with a will of his own. He expresses himself on this point in one of the memoranda we have referred to, in these words :— c The Superintendent's position is that of chief administrator in the province, elected by, and possessing the confidence of, a large majority of the people, whose interests he is bound to maintain. His position would be that of a mere cipher if the engagements he has entered into, or administrative aots done by him with due advice, were to be set aside by changes of advisers, involving no change of principles, and without due consideration.' And in a subsequent memorandum, he argued that if the views of the Executive on

this subject were to hold good, it would follow that ' the members of a new Executive, appointed under the Executive Council Ordinance for advising and assisting the Superintendent in the government of the province,' would 'assume to themselves the position of the whole Executive Government.' He considered that the subject matter of the dispute was one 'in respect of which tho same right of re-consideration, obtains, as though there had been no change in the Executive ' —that is, tho action of the previous Executive was not absolutely irreversible in itself, but it could not be reversed without the sanction of the Superintendent. In a word, he would not allow his responsible advisers to reverse his

action without his consent. Mr Hall and his colleagues, on the other hand, appear to think that the consent of the Superintendent is a mere matter oi form, and that he his constitutionally bound to give his consent whenever it is required by his advisers. As expressed in his memorandum, Mr Hall's argument is that the doctrine expounded by Mr Rolleston would, if cai'ried into practice, ' give the new Executive Council far less influence over the administration of the Government than would have been exercised by their predecessors had they remained in office, as, in their case, the right to reconsider and amend their own proceedings will hardly be called in question ; it ■would also place a serious stumbling1 block in the way of administrative reform, or the correction of administrative errors. As a matter of fact such

a rule has never, so far as His Honour's present advisers arc aw&ro, obtained where the .system of responsible Government is in force. On the contrary, it would not be difficult to cite instances, both in this province and out of it, in which the first act of a new administration has been to censure and reverse the acts of its predecessors.'

The point in dispute, it will be seen, relates to a merely administrative act, and not to any question of policy. In the latter case, Mr Rollk.ston would not contend, we pros'nr.e, that the Superintendent lias any power to control the action of his aa.i.-ji.-, who are directly responsible to the Council. All that he contends for, apparently, is that in carrying; on the administration of affairs the Executive are not at liberty to set him aside by reversing his acts at their pleasure; but that they are bound to consult him and to obtain his sanction to every act of their administration. Unfortunately, there is neither law nor precedent to refer to on this question. The powers of the Superintendent have never been defined with much exactness, either in Acts of Parliament or in despatches from Secretaries of State, His position must therefore be determined by the analogy of responsible government; and taking that view of the case, Mr Plalt/s argument is undoubtedly coi--rect. It the theory of responsible government is to* be carried out at all, it must be carried out in its integrity. If we are to have responsible advisers, their powers must not be controlled or limited by the head of the State. We see no reason why the Executive should be under the necessity of obtaining the sanction ot the Superintendent to their administrative acts, any more than to their policy. Otherwise what would be the result in the event of disagreement between them ? If the Superintendent decline to sanction an administrative act, his advisers tender their resignations ; and thus he is placed under a moral compulsion to grant his sanction whether he likes it or not. The power for which Mr RoLLESTOtf has contended appears to be simply nominal; and in expressing his concurrence in the resolution of the Council, he has wisely abandoned a position which it would be practically impossible to establish.

The debate on the Immigration and Public Works Act was continued last evening in the Provincial Council. Afiier Messrs Hutcheaon, M'Gillivray, and Fraser had spoken, Mr Shepherd rather startled the Council by statiug that fully ninety appointment 3 had been at the disposal of the General Government during their period of office, that the salaries ranged from L3OOO downwards, and that the majority of the appointments were to be tilled up when the new Parliament assembled. An amendment on Mr Reid's motion was moved by Mr M'Gillivray, shewing that although the Council did not concur in the financial policy of the General Government as a whole, it should, rather than forego, until an indefinite period, the advantages that would accrue to the province by the immediate application of LIOO.OOO towards water-sup-ply on goldfields and railway construction, at once close with the offers of the General Government. A further amendment was proposed by Mr Galder, indicating the desirability of works, having for their object the development of the goldfields, and the resources of the province, being undertaken without delay ; the inexpediency of the Council making any recommendation with the view to the initiation of works under the Immigration and Public Works Act until its whole policy has been considered by the various constituencies throughout the province, and either approved by a new Parli-iment, or modified in such a way as would leave the Middle Island free to deal with its own finances. The amendment concluded by stating that the only practicable way of arriving at such a result was by financial separation of the two Islands. Mr Wilson has tabled a notice of motion affirming the expediency of amending the Constitution of the colony to the extent of providing for one Government and Legislature for the Middle ls!r."d, ?nd to provcst Northern interference in reference to public works and other matters affecting any part of the Southern division of the colony.

The poll for the election of a member to represent South Ward in the Municipal Council took place yesterday. The proceedings did not appear to cause much excitement, and shortly before 5 o'clock the result was made known at the Provincial Buildings terrace, by his Worship the Mayor, who declared the votes polled to be 149 for Winter, and OS for Scott, Winter thus having a majority of 81 votes. He therefore declared Mr Winter to be duly elected. The succesaful and unsuccessful candidates briefly returned thanks, and the proceedings terminate'!.

A meeting of the Otago Institute was held in the City Council Chamber last evening. His Honour Mr Justice Chapman, President of the Institute, oceupiedthe chair, and not. withstanding the unfavourable weather there waa a very good attendance. The principal business of tho evening consisted of the reading of a paper by Mr J. T. ThomHon, on "Ethnological Considerations on the Whence of Ihe Maori." Mr Thomson, in a very full and able manner, dealt with tho probable origin of the various raves inhabiting the Malay Peninsula and Indian Archipelago, illustrating his remarks with drawings of members of the various tribes inhabiting those regions, as well as Hindostan. He referred also to the peculiarities of the languages of those races, more espccialiy the Malays, and stated that his opinion was different from that generally held, that tha Maoris were of Malay origin. As the paper was one of great length, it was resolved that the remaining portion should be read at an adjourned meeting of the Institute, to be held on Tuesday next, the 29th inst. The following gentlemen were then' ballotted for, and duly elected members :—

Drs Buchanan and Yates, and Messrs W. A. Tolmie, W. Dairymple, Q. H. Campbell, J. T. M'Kcrras, B. C. Haggitt, T. Calcutt, 11. Ho worth, T. K. Weldon, J. A. "Walcott, P. 0. Neill, E. W. Humphreys, R. W. Gardiner, D. L. Simpson, and G. Young. The meeting then adjourned till Tuesday next. The Institute is rapidly increasing in numbers, no less than 40 new members having joined this year, making the total number of members 120. The increase is therefore at the rate of 50 per cent., which in so young a society must be considered satisfactory in the highest degree. Wo regret

in any way to mar so favourable a prospect, but it is nevertheless necessary to state that members have shown so much backwardness in paying their snbscriptions, that the Honorary Secretary, Dr Hucken, has been compelled to appoint Mr H. F. Hardy to collect those still remaining due. We hope that members who are in anear with their subscriptions, will .uka the v;:;^. r-I that further reference to this point will not be necessary. We understand that the extraordinary action of the Eesident Magistrate of Invercar. gill, in committing the three half-cisto youths charged with rape to the Industrial School for two years. h»3 been brought under the notice of the Colonial Secretary by His Honour the Superintendent, and that the Ke3ident Magistrate has been called on for an explanation. The road steamer was again tried yesterday, both morning and evening. The ma- ! chinery now works with greater ease, aud the steamer can be better driven, and more easily turned, as those in charge of it are becoming better accpaainted with its working ; and its performances are considered to be very satisfactory. It is intended, when the requisite permission has been obtained, to test its capability for drawing heavy loads by a suitable triul in some of the main streets before working hours. This is a practical test which will, no doubt, be watched with great interest. A numerously attended meeting of the residents in the North East Valley and Pine

3il! districts was held in the North East Valley Schoolroom on Monday evening, Mr Walter Simpson iti the chair. The meeting was convened for the purpose of discussing the proposed removal by the Education Board of Mr Scholefield, the present master of that Echool, and who has the temporary charge of it. Resolutions favourable to his being permanently appointed, were adopted, and a memorial to the Education Board to that effect waß drawn up, and numerously signed ; and a deputation, consisting of Messrs Simpson, Eraser, Hutton, Calder, Solomon, aud Short, were appointed to present it. Considerable interest was manifested in the proceedings. We are informed that since Mr Scholefield has had charge of the Bchool the number of scholars has been nearly doubled.

Tt may not be uninteresting to those of our readers who have Bporting proclivities, to know that the well known jockey Mr Henry Piince, arrived in Dunedin by the Airedale on Sunday last, having three horses in his charge, which he intends travelling with to the forthcoming races at Mount Benger, Mount Ida, aud the Dunstan. The horses— Backbiter, Sir Tatton, and the Monk, a 3 year old—are standing at the Shamrock Stables, and are in fine form and excellent condition.

The North Dunedin Mutual Improvement Association have decided that their next conceit, which is to be the last one of the season, shall take place in the Drill Shed, on Friday, the 16th proximo, and that the proceeds shall be given towards the funds of the Benevolent Institution. This intimation— apart from the excellent manner in which the late concerts have been conducted—should be in itself sufficient to draw a crowded house. The objects for which these concerts were instituted, namely, the lining and otherwise improving of the Drill-shed, has now been fulfilled, and this building has, by the efforts of the Committee of the Society, and the support which they received from the public, been transformed from a shed into a hall fit for any public purpose, and which has already proved to be of great t-- "t. '5 the rw^hbrvtr hood. The arrangements for the concerts having engrossed the attention of the members, the primary object of the Society, that of holding meetings for their mutual improvement, has not as yet been carried out, but as they have now a comfortable building in which they can hold their meetings, they intend to meet together regulaily during the winter months-

We learn from. Porb Chalmers that a fisherman there reports having sighted a man-of-war brig on Sunday last off Cape Saunders, flying French colours. The Hey. Mr Gillies preached a sermon for the first time this season in the Outram Volunteer Shed on Sunday evening last. Although the fact was not generally known, a large congregation (about 200) had assembled. It is to be regretted that the rapidly rising town of Outram has neither church nor schoolhouse, the nearest being two miles away from the population. It ia worth noting that Mr Hilton performed on Monday night in the same place, but his audience was limited to about two dozen.

With respect to agricultural matters in theDunstan district, the local paper states:— Including the Wai Keri Keri Valley, Baldhill Flar, Tiger-hill, Blacks, &c, in this district there are nearly two thousand acres of land under cultivation this season, the crops being principally oats and potatoes. In some few instances, where the farmer devotes some of his attention to dairying, a good area of mangold, beet, and turnip has been sown. As there is such an iucrcascd quantity of land under crop, and that principally in oats, horse owners may expect, in the coming seasou, to puchasa provender at a very much lower rate than at present.

Mr William Briggs, of Harvey's Fiat, was returning with, his fanvly from Lake Waipori on Sunday last, when his horse became restive near Mr Falton'3 gate, and backed into the creek, where the vehic'e capsized. Wo regret to say that his eldest son, a 1 oy of 10 years, broke his leg. Dr MBrearty was promptly in attendance, and under his care tho patient is progressing favourably. Mr Uriggs himself was kicked by the home, but not dangerously. The right to erect the grand stand, refreshment booths, and paddock, at tho forthcoming St. Bathans Auuual ltj.ces, was sold on Thursday evening last, in the Commercial Hotel. The competition was ktojn, and the amount realised waa LC9. Mr P. Haurahan, of the Ballarat Hotel, was the purchaser. From the Martin's .Bay district, Upper Dart, the Wakatip Mail learns thai auriferous ground Ins been discovered, but baa not heard to what exteut it has been found payable, considering tho extra cost of living.

Teams, says thn Wakatip Mail, are at a premium on the luvercargill line of route. The teamatera are working almost day and night. It is a good harvest for the far mers, but what with ploughing up new land, &c, they aro in soro straits. This tells well for tho advantages of tho Winton Bush line. Merchants hero are (lending their managers of departments to Melbourno, to l>uy goods, and these generally come via the Bluff. Tho goods purchased in Dunedin and landed hero at L 7 will beat the other route. The market in Dunedin will be situated thus :—Present purchasers take the advantage of the wool season by contracts (back loading in, however, alway B

available). Merchants here lay in stock during this time—November and December. Otherwise purchases will come via Invercargill and the Bluff. Wool has begun to arrive at Tnveixargill I com the stations in the interior.

it a meeting of the Wellington Philosophical Society, held on the 12th inst., Proljssor Owen, Dr Hooker, F.L.S., and Lieutenant Richards, K.N., were elected honorary members of the New Zealand Institute. In referring to Lieutenant liicl.aids's hydroeraphicat survey of the colony, Dr Hector said that " he could bear testimony himself to the exactness of the works on the coast of Otago, as every cape, bay, and other distinctive outline of the coast was laid out with an accuracy that was the more wonderful, inasmuch as the locality was not at all likely to assume such an importance as to necessitate any unusual precisencs3, and he merely mentioned this to ahow the completeness that distinguished the whole work." We observe that the Gourlay troupe are again on a visit to Dunedin, and understand that they intend to appear at the Masonic Hall on Saturday night.

The excellent drama of " The Home Wreck," now being produced at the Theatre, waa repeated last night to a fair house, and was played in a really admirable manner. It is to be played for the Last time to-night, and certainly all those who have not witnessed it ought not to lose the oppoitunity of doing so. To-morrow night Mrs and Mr Steele will appear in, we believe, the favourite drama of " East Lynne," a, piece in which they have previously been eminently successful in. Duuedin, and which can hardly fail of again drawing aood houses.

A general meeting of the members of the Otago Jockey Club will be held at the Empire Hotel, this evening at S o'clock. The first competition of the Dunedin Mival Brigade for Company Representatives, will take place at the Anderson's Bay butts 10-morrow morning at 5 o'clock. Mr P. Mathewson, Brook Cottage, Filleul street, requests us to state that he is not the person who appeared in the Mayor's Court last week for drunkenness.