THE OTAGO DAILY TIMES THURSDAY, MARCH 14, 1895.

Otago Daily Times, Issue 10307, 14 March 1895, Page 2

THE OTAGO DAILY TIMES THURSDAY, MARCH 14, 1895.

It may be remembered that towards the close of last session a case of privilege suddenly arose between the House of Representatives- and the Legislative Council that seemed for the moment as if it were going to lead to a serious dispute. The Council had in the ordinary course of business made certain amendments in four Bills which have since become statutes —namely, the New Zealand Consols, the Land for Settlements, the Harbours Act Amendment, and the Government Advances to Settlers Bills. Ifc would be wearisome now to describe in detail the nature of the Council's amendments, bub in order that what is here to follow may be understood it is as well to mention as a sample of them that the total amount of deposits under the Consols Bill was from one million to .£500,000, with only .£250,000 to be raised in any one year ; and the period of repayment of deposits was reduced from 40 to 20 years. Loans issuing under the Advances to Settlers Bill were for tlie moment reduced by the Council's

amendments from £5000 to £1000. Sir iMauiiice O'Rorke called the attention of the House to the fact that the Council in making amendments to money clauses was infringing the privileges of the Lower House, and a conference between the Houses followed. But the session was late, the members weary, and the Bills important, and the matter ended in a compromise, in which the Lower House accepted a modification of the Council's amendments, with, however, an agreement thatthe transaction was not to be regarded as a precedent. There was at the same time a general expression of regret that so important a matter was not settled, and of belief that at an early date it would have to come up again. Tho difficulty, therefore' is not removed, But is merely in abeyance.

It is a curious fact that not a member oi! either House seemed tp be aware that tlie whole question under dispute •was completely covered f>y a similar case whicli occurred in .New Zealand 24 years ago, and was remitted to England for authoritative settlement. In 1871 the two Houses quarrelled in a mild and dignified manner, as was, the custom in those days, over the Payments to Provinces Bill of that year. Apart from its value in the present case, it is a curious chapter of ancient history which it may be not uninteresting to recall. In 1870 an Act was passed—the Payment to Provinces—by which certain capitation allowances were made payable to the various provinces for a period of seven years} the amount for that year being equal to 38s per head of the population. There was also a provision by which .£50,000 Avas to be paid out of the consolidated fund to the provinces for distribution among the road boards witjhin each province. In the same year*,.was passed . the now, historic. immigration and Public Works Act, with its attendant Loan Act by which four millions of money was»authorised to. be raised for specified classes of works. In these days of " undesirable immigrant" legislation it may be Avorth Avhile recalling the fact that one million of this money was to be devoted to "immigration," but that has nothing to do with the present case. In the following year (1871) another Payment to Provinces Bill was introduced to amend the Act of fche previous year by reducing, the capitation allowance from 38s to 15s per head, and in lieu of the .£50,000 payable to the provinces out of consolidated revenue to give them double the amount out of immigration and public works loan. In this last Act was the clause which gave rise to the/dispute between tlie two Houses. It simply provided that one-half of the money to be so allotted to any province lnigjifc, on the application, of the. Superintendent, be expended in repayment of wjjjrks already , pro-i----vinoially constructed,. The Legislative Council struck out this clause, the objection being that it' diverted .£50,000 of money already authorised to be raised for specific public.,Avorks to. a whollydifferent purpose—viz.,' to recoup pro--, vincial treasuries for moneys already expended. The Lower House denied the right of the Council to meddle with a clause " relating tp" t the appropriation and. management-of "money." It is im-' portant to note this expression, because it simply means that the Council cannot touch any clause which has money for its subject matter. On the other; hand,.the'Gouncili_ia}ntfiinedijJ-si'right to* amend the Bill, inasmuch as it was not onewhich "imposed a newror altered an existing'burden-'ion the people, and therefore not properly a Bill of aid or supply. As in the- case of the recent dispute a compromise was agreed to, but on the understanding that the question should be referred Home to the law officers of the Crown for settlement, which was done. ,''

The then English law officers were two eminent men and high authorities—the late Lord Coleridge and Sir George Jessee—and their decision^ so f._r as we are aware, was never questioned. The relevant portion is as follows : —" We are of opinion that the Legislative Council was not constitutionally justified in amending ' The Payments to Provinces Bill 1871' by striking out the disputed clause. "We think the Bill was a money Bill, and such a Bill as the House of Commons in this country would not have allowed to be amended by the House of Lords; and that the limitation proposed to be placed by the Legislative Couucil on Bills of .aid or supply is too narrow, and.would"not be recognised by the House of Commons in England. . . . We think that the claims of the House of Kepresentatives -contained in their message to the Legislative Council are well founded, subject to the limitation of course that the Legislative Council have a perfect right to reject any BUI passed by the House of Eepresentatives having for its object to vary the management or appropriation of money prescribed by an Act of the previous session." This decision is conclusive, and, as we have said, covers the whole ground of the recent dispute. The Council can of course reject an entire Bill, hut it cannot amend any clause referring to even the management of money in any shape or form. Sir Maurice O'JRorke -was therefore right in his objection to the amendments of the four Bills of last session, and the Councilhad no constitutional standing ground in' making them. We rather suspect some of the Councillors were aware of this—notably Mr Oliver, who in the debate congratulated the Council on the " advance " it had made in its constitutional rights. It may be matter for regret in practical politics that the Council should not have some right to amend Financial Bills, but the constitutional restriction placed upon it admits of no doubt.

The business at the meeting of the City Council last night met with quick despatch, and was concluded in an hour. Ifc may be incorrect to attribute this to the fact that there was not a full council, the Mayor and Cr Hardy being away at the Hanmec Springs, in Canterbury, and Cr Cohen being absent in Australia. The Town Clerk (Mr W. B. Taylor) in also recupeiatiug at the Hanmec Springs, and iv his absence Mc H. W. Wilson, assistant town clerk, discharged the duties of his office at last night's meeting.

Afc tha meeting of the Benevolent Institution Trustees yesterday a letter, dated February 25, was received from Mrs Frances Howie, who requested that an inquiry be held into certain charges which she desired to lay against tho inspector, Mr Favo'l. She desired thi-- inquiry as she wished ta produce evidence which was not admissible iv a court of law. The inapector observed that he was moat anxious for au inquiry, and it was decided to hold oue oa Tuesday next, both parties to be allowed to produce evidence bsyoad that given in court.

Mr William Dawson will shortly leave on a trip to tho old country, and at last night*, meeting of the City Council he applied for, and was granted, six months' leave of absence.

Tho premises of Messrs Smith and Smith, Bailey and Co., and A, Fieldwii.!., situated in the Oct-gon, were entered by thieves some time betweon Tuesday night and yesterday morning. The thieves got access to the premises at the b&ck. , From Messrs Smith and ' Smith's place they stole three diamond cutters, but nothing else is missing. The cafe in Mr Bailey's shop was removed to a cellar. The bottom of it was ont out, and six jubilee sovereign, were stolen. As far as oan li 3 arcertained nothing was stolen from. Mr Fioldwiok'a premises. A number of tools belonging to Mr Thomson, of the monument*! work., Moray place, were found in Mr Bailey's yard, having evidently been uqcd to cat open the safe. The pjlice have got the affair in hand.

The Bishop of Melanesia left Dunedin for the north by the express train yqsterdny morning. The Hon. W.J. Steward, Mr J. M'Gowan, and Messrs T. Maokenzie, J. Stevens, W. W. Tanner, and W. Hutchison, M.H.R's., member.- of the Tariff Commission, wero passengers for Oamaru by the same train.

At the Land Board Office yesterday a 14 years' lease from tho Ist July of sections 1, 2, and 3, block XVII, Coast district, and tho hud known as Goat Island—the whole consisting of two islands at the mouth of the Clutha liver, about fcur miles' from Kiitangnta, and am. brac'ng an area of 175 a.ro_—was offered at i public auction. The lease wen started at anl] upsst annual rental pf £20, and was run up to | £26 10s, at which price Mr Malcolm M'Kinlay became the purch\ser. Mr Sessions aoted as auctioneer.

The Benevqlont Tms.ces havo decided'to make a requisition to the Charitable Aid Board for £10,600, to meet the expenditure during the coming year.

Tha council of the Dunedin Sanitary Institute held their übu*l mealing at tha Town Hill on Tuesday evening, Mr A. Burt in the chair. The Hons. R. J. Seddon and J. G. Ward and Mr J. Roberts wrota expressing thoir appreciation of the objects of the institute, and intimating their willingness to become patrons. It was resolved that ths general meetings of the memberß be held on the third Thursday of each month, when addresses will be delivered and discussions invited on all matters oE interest relating to sanitation. Drs .Roberts and' F. Ogston and Messrs, R., Sandilanda and. F. I"etre were appointed a committee to arrange for a course of lectures- to b3 delivered under the auspices of the association daring the winder months. Circulars are to bo. printed and distributed explaining the objects of ths institute with regard to the examination of candidates and the granting of diplomas. Mr Kidston Hunter wrote stating lhat he intended to hold classes bearing on hygiene nnd sanitation, and requesting the institute to accord him its patronage.—Granted. The secretary wrote forwarding his resignation, whieh_wa.3 received with regret, and it was unanimously resolved that Mr AY. G. Jenkins's offer to act be accepted, and that he be also appointed collector to the institute. '

Our Invercargill correspondent reports that Messrs Graves, Biyen, aud Brodrick, while driving along the Riverton beach, noticed a bone sticking up out of the sand, which led to their makiog further seirch, with the result that they laid.biire tbe complete skeleton of a moa. All the pones wore exactly in position as if the,moa many y ears ago had crouched down to die. The.bones were collected with the greatest, possible care, but many of the sipallsr one. crumbled to dust upon being removed' from their resting-place, and were brought to Invercargill; They will be taken to Christchurch by Mr Ewen.

At » laeeti-jg last evoning in the Lower Choral HaU M/rs Deck delivered an interesting address npoa missionary work in Poon .h By Mr Reeve, and Miss Florence Young give an account of the origin and success of Ih. kanaka mis_ioa in Queensland, rtatiDg that the cvan-' gelising which was done there in "pigeon" English was started about twelve and a-half years a£o

Oar InvercargiU correspondent writes-.— " The Government have purchased from Sir Thomas Elder and Mr Rpbert Barr Ssnith nearly 9998 acre 3of the Merrivale estate, in the Upper Merrivale disfcricb, .extending from the Orawia river to the township reserve opposite Aitken's ferry at the Waiau, the nearest point to Otautau being 12 miles from that township. The price agresd upou is £2 10s per acre, or about £25,000 in all. Two thousand five hundred acres of it is bush' land, 1000 aores ia native grass, the balanco, rolling downs and flat en limestone bottom, is in English grasses. It is not so very long ago, and when the land was not in its present improved state, that £40,000 of principal was lent on mortgage on this particular block. Oo about 16,000 acres of this famous estate, which changed hinds ia two lots within the last few weeks, mortgagees have submitted to losses of about £50,000."

In the case of the Ashburton County Council v. Ward, Mr Justice Denniston has delivered judgment to the effect that the county council were re-ponsible for the costs incurred by the respondent in unsuccessfully defending aa action brought agiinst him to reverse his decision as returning officer in the licensing election at Ashbnr.on. His Honor thought it would he very dangerous to say that the mere fact of.non-success of the retarciog officer in proceedings against him would make him liable. A person discharging public duties Only undertook to bring reasonable ski. aud care to their performance. In tho present case the aotion of respondent was open to strong comment. He took eouosel'a opinion as to his doty, and acted directly contrary to _uch Opinion. When a mau. acted on his own interpretation of a statute* in opposition to legal advice, he assumed a grave responsibility, especially when his decision determined the quo tion which side was to be victorious ou a subject exciting stroDg feeling. Bat the question seemed to him to be one of fact. Tho magistrate found that the respondent acted in good' faith and that the construction of the statute was not so clear as to make the erroneous decision evidence ot want of reasonable capacity for the office he was discharging or of want of reasonable care in discharging it. The appral would be dismissed, with £10 10s coals.

We learii from the Tablet that during the visit to Dunedin of Archbishop Redwood s.nd Bishop Grimes a conference was held at which the action of those education boards which have refused to examine Roman Catholic Bchools was considered. The resolutions will be made public indue course. The same paper states that at St. Joseph's on Friday morning the adoration of the 10 hours will commence, and on Sunday there will be a general communion, the particular intention being the complete restoration to heallh of the Most Rev. Dr Morab.

In connection v?ith the presentation of certificates and medallions of the St. John Ambulance Association on Friday evening,' his Honor Mr Justice Williams will preside, while the speakers will' be the Right Rev. Bishop Nevill, Mr D. Finkect-u, M.H:R., Drs Will, Brown, and other.*.' Tickets of invitation can be obtained upon application.

The Otago Agricultural aud Pastoral Society are again to the fore; and purpose catering for the amusement of thoee who enjoy the Wednesday half-holiday by holding a grand driving and']"uoiping contest at Tahuoa Park on the afternoon of Wednesday next. A varied and attractive programme has been arranged, including driving single, tandem, and four-in-hand teams, hurdle jumping, &c. Judging from the popularity of these contests at the lata show, the society should, weather permitting, be favoured with a good attendance at the forthcoaiing competition.

The third performance by Mr Albert Lucas's company of " Jeame Dears" was given in the presence of a capital house st the Princess Theatre last evening, and wai preceded by the closet scene from " Hamlet." Mr Lucas, in a somewha/t Aiginal make-up, gave a careful aud satisfactory rendering of the pari of the melancholy Dane, but Miss Marie D'Alton was somewhat overweighted as the Queen. The curtain was unfortunately lowered too 2oau, and to some extent the ending of the scene was thus marred. Unfortunately, too, the voice of someone behind the curtain could be distinctly heard ordering seme other person, presumably the one in charge of the curtain, to leave tho stage. For Saturday evening "Black-eyed Susan" is announced, to be preceded by tbe same scene from "Hamlet."

A telegram to the New Zealand Times says that Mr Peters, of Waiom, reports that after a good stiff gale on Sunday last immenso volumes of smoke and steam burst out from the crater of Ruapehu with a terrible roar, followed by a heavy earthquake. Ngiruahoe also bscarne active, and in the evening Tongariro also ejected smoko and steam. The hot springs were very violent in Tol-a-tiu ; and one geyser, quiescent since tha Tarawera eruption, begin playing Wit high.

Toon. W..S a very fair attendance at the City Hall last night, when "Oar Boys" wa3 produced by the Kennedy Dramatic Compnny. The comedy, which has always been a great favourite with p!aygoers, was represented with a considerable measure of success, and tha audience wera kept in a slats of high good humour from the rise to tho fall of the curtain. Mr Kennedy was happily cast as Perkyn Middlewick, and was largely responsible for the fun; whilo Mi.3 Lilla Wilde as Mary Melro3e, Miss Lily Hill as Boliodi, Miss HetSie Howarde as Clarissa Champneys all QUed their parts satisfactorily; as also did Mr Prude Norton in the character of Tilbot Champneys. The efforts of all tha performers, indeed, were such as to evoke frequent and hearty demonstrations of approval from the audience.

For the St. Patrick's concert to bo given in the Garrison IJ all on Friday evening the services of (he following vocalists have been secured:—B^rs Sandys, Misses Roso and Kate Blaney. and Hewrioa, Messrs Harry Smith, W. F.Young, P... Carolih, and B. linger. The Venetian Guitar l^.nd will perform selections.

Tho Craydon and Wood Surprise Party will repeat their second programme at the City Hall this evening, and have a new programme in preparation for Friday night.