A Legislative Swindle.

Southland Times, Issue 133357, 20 January 1896, Page 3

A Legislative Swindle.

It reflects little credit (says the Evening Star) upon the Legislature that important measures should be allowed to pass through both Houses and become law without due examination by honourable members a 8 to the effect of their provisions. When on Bth January Mr Geo. Hutchison was before his constituents at Hawer* he was at the close of hisaddiess questioned asjto the Stock Act Amendment Act, 1895, it being asserted that stock was now prohibited irom being driven along a public highway, except witbin certain specified hours during some months in the year. Mr Hutchison, in reply, stated that he was unaware of any legislation to this effect, and that he thought the inspector, in enforcing such a provision, must have made a mistake. An examinatioa of the Act and the principal Act passed in 1893 shows, however, that such was nob the case, and that the inspector had rightly interpreted the law, which is naturally repented by country settlers as an outrageous infringement of their liberties in their every-day business. It certainly seems extraordinary that this little move of the Minister of Lands, who is responsible for the bill, prompted, conceivably, by outside influence, should have escaped the att?ntion of the country members in both Houses. The Stock Act, 1893, which consolidate 3 the law regulating the importation, removal, aud branding of stock, con'ains a clause (No. 53) to the effect that every person who drives any stock upon, along, or across any highway or Crown lands, except between the hours of 6 a.m. and 6 p.m. in any of the months between March 31 and September 1 in any yaar, or between 4 a.m. and 8 p.m. in any other part of the year, unless provided with a permit to do so from a justice of the peace or an auctioneer or an inspector of stock, shall be liable in respect to every such offence to a penalty of not less than L 5 and not exceeding LSO. Clause 2 of the Act, however, provides that whiist the Act was to co.ne into operation on January 1, 1894, section 53 is only to come into operation after a notification in the Gazette "following upon a petition to the Governor in that behalf from a majority of flockownera in the district where such section is to be in force." Immediately after the session of 1893 the Act was submitted to the various agricultural and pastoral associations for their opinion, and almost unanimously this clause was condemned ; and as a matter of fact no petition in favour of its adoption has been presented in any district. The Amendment Act of last session, however, repeals all the words in section 2 from and inclusive of "except that" down to the end of the section ; so that it reads : " This Act shall come into ["operation on the first day of January, 1894," without the exception as to clause 53, which consequently is now law in its entirety. Mr George Hutchison, a shrewd lawyer and noted for strict attention to the details of bills before the House, was evidently taken altogether aback when this was pointed out, and could only say that " a trick had been practised upon Parliament." It was clearly the duty of the Minister to have pointed out the effect of the amendment, which he must have omitted to do either wilfully or through culpable negligence. Members, however, cannot.be excused for neglecting to carefully (examine every provision of the bill in all its bearings ; they are now paid servants of the public, and their duty in the matter is imperative and clear. Mr Macrae, who interrogated the membe for Patea, expressed himself very forcibly on the matter. The opinion, he said, held by most of the settlers was that such a restriction was an unwarrantable interference with their rights as citizens, and that it was likely to prove very harassing. "By this clavue no one is allowed to even drive a beast across a road from one paddock to another unless he first arms himself with a permit from a J.P., an auctioneer, or an inspector of stock. What about the dairyman who has to cross the road with his cows to get to his milking shed ? He will have to get a permit every day, or will run the risk of being fined, or the further risk of having to take his milk back from the factory, for at most factories there is a standing rule that milk has (go be delivered before a certain hour, otherwise it will be rejected." It is, he continued, an equally great hardship to be prevented from driving stock along the road. The ostensible object of the clause had been, he said, stated to be to put down the crime of stealing stock ; " but why," he asked, " were the honest and law abiding, which, he trusted, meant an overwhelming majority of our settlers, to be selected for punishment? Surely it would be more consistent with reason and common sense to increase the punishment for the crime of stealing, if the present punishment is not of a sufficiently deterrent character." Mr Hutchison pro-" mised to endeavour to get the law altered, but for this he must necessarily wait until next session. In the meantime it is undoubtedly in the power of the officers of the Agricultural Department or, indeed, of any malicious or interfering persons to harass country settlers and materially interfere with their industries.