NELSON.

Westport Times, Volume IV, Issue 660, 19 May 1870, Page 2

NELSON.

PEOCEEDINGS IN THE PEOVINCIAL COUNCIL. ME FEANKLYN'S EJECTMENT. (feom ofe own- correspondent.) Saturday, May 14. A dead-lock, not pecuniary in its relations, but peculiar and technical, and involving some points of principle and privilege, has occurred in the proceedings of the Provincial Council. It is due to something more than a mere doubt about the validity of Mr Franklyn's appearance in the Council as one of the representatives of the G-rey district. Of the circumstances upon which this doubt or deliberate opinion is based you have already been informed by telegraph. "While I write, Mr Franklyn occupies a position akin to that of Mahomet's coffin, but. by the time this reaches you, he will have come down to the level of common clay, or have attained an unassailable position in that heaven of ambitious fellows, a Provincial Council. Perhaps if I said purgatory instead of heaven I should be using the more correct word, but of that, sir, I shall leave you to form your own opinion. If you are in the confidence of Mr Franklyn, he may assist you in arriving at a conclusion, unless, indeed, he partakes of the character of that often typical and slippery creature, the eel, which is said rather to enjoy, than to abhor, the operation of being skinned alive.

Without saying more about that matter just now, I shall continue my rough-and-ready narrative of events, as they have happened, or as I am able to eliminate them from that chaos of motions, amendments, speeches, divisions, calls to order, and cries of " Hear, hear," and " No, no " which must represent the mental condition of any one noticing the proceedings of the Council from outside the bar. I must confess that, at starting, I realise something of that forgetfulness of the sequence of events which is represented by the American anecdote of the camp-meeting preacher who while "narrating" on the subject of " £he baptismal," introduced a pleasing illustration of his knowledge of scripture history in these words: —" First there was Noah. He had three sons—-toe-wit Masheesick, Shadaderick, and Belteezer. They all went into Daniel's den, and likewise with them was a lion." However I shall endeavor to give you a few memoranda in consecu-

tive order, in the hope that they may not prove more unconsecutive or inconsequential than some of the speeches which fill the columns of your big supplement. On Monday, the 9th instant the proceedings were chiefly confined to two important preliminaries—first, the expressions of dissatisfaction as to an item of expenditure which the Council last year refused to authorise, and, second, the act of raising the curtain by one of your members, for the " grand tableau" in which, on the following evening his colleague and others' appeared as assailants of the Government. The unauthorised expenditure amounted to £2435, and it included an item of £62 10s, which last Council refused to give Mr Dent, of the Brunner mine, but which the Superintendent said should be given ; and he was as good as his word. Mr Luckie took up this subject, and referred to the insolence of office exhibited by the Superintendent in contemning the powers of the Council, and then coining to the Council for condonation of an unconstitutional fault. "Revenge could be eaten cold," said Mr Luckie, in the words of some " French philosopher," and, although it seems to be rather a warming sort of diet, there was a good deal of it eaten by him and others on that evening and next. Ido not say that revenge was eaten for its own sake, but the facts in themselves fully avenged the wrongful action of the Superinintendent. Mr Donne followed and moved the adjournment of the matter in the following words, as reported in the Colonist •

Mr Donne went into the proceedings of the last session respecting Dent's salary, explaining that the Council had refused to vote the sum set down on the Estimates for such salary; but that he (Mr Donne) imbued with a sense of Dent's valuable services as reported to him on behalf of the Government, proposed that a gratuity should be given to him in accordance with the arguments of the Government, and because of special services said to have been performed. That proposal was also refused by the Council; but his Honor, after telling the Council that the reductions they had made were vexatious, declared that in spite of their repeated vote he should pay the man over and above the sum voted. So he found by this return that Dent was paid d 8312 10s—,£2<)0 as salary for overseer of works, and ,£ll2 10s for services in the Brunner Coal Mine. Whether this extra sum was included in contingencies or in unauthorised expenditure, he could not discover ; but it was paid, and it was so paid directly in the teeth of the Council's resolutions. He, for one, would not pass this motion at present. He should like time. His eyes were opened, and he found now more than ever that it behoved the Council to sit for twelve months, if necessary, and without pay too, rather than to neglect a careful examination of all the proceedings of a Government who had shown themselves capable of acting as had been done in this particular case.

The result of the subsequent debato on this matter was that the Government was defeated, or, rather, the Superintendent was snubbed, by a majority of eight. The division list is given, and the speeches are sufciently indicated, in the report published in your supplement. The "fact itself is indicative of what is very generally apparent—that the Councilas a whole, are sticklers for their privileges and the purity of representative government, and when I say sticklers, I do not mean that they are so from mere punctilio, but from a high spirit which is creditable to their own sense and to the sense of those who selected them, if I am not becoming too complimentary. In truth the tone of the Council superficially—and we can only go by appearances—is a most healthy one.

Tuesday evening was the evening of the discussion of the " No confidence" motion. The Carandinis had gone away. The Star Dramatic Company had not arrived. Had both been here, they would probably have proved indifferently attractive, compared with the Council; such, apparently, was the interest taken in the result and in the character of the debate. The body of the hall and the galleries were filled with spectators or listeners, for much of the proceedings must be dumb-show to the audience, so indifferent are the acoustical properties of the Council Hall. The motion was proposed by Mr Luckie, and he made a speech which, though not telling in its delivery, had been well deliberated, and had probably cost some little trouble in the finding of figures—numerical figures, I mean, and not figures of speech, in the use of which Mr Luckie, when the occasion requires it, is equally an adept. Mr Baigent (a reverend and jolly representative of the yeoman) seconded the motion, and the reply which the Government had to make was immediately given by Mr Greenfield, the Provincial Secretary. Mr Gibbs followed, and he was followed by Mr O'Conor, who spoke very well. In saying so, I compliment his manner more than his matter, about some of which there may be diversity of opinion. In fact, as you know, Mr O'Conor's public addresses are always better when heard than when read, and it seems to me that the present instance is not an exception. But, simply as a specimen of speechifying, it was the speech of the evening. Mr F. Kelling—one of two brothers of that name, old members of the Council—came next; and then it became known that the " previous question " was to be moved by some of the more tender-hearted and timid country members. Mr Donne, in anticipation of this, filled the breach which others seemed dilatory in occupying, and he did so at some disadvantage to himself, being in a state of perfect unpreparedness, and not so emphatic as he can be when he is really

" riled." The matter of his remarks, however, was sound. Mr Franklyn followed. He is not sufficiently accustomed as a speaker to exactly pitch his voice to the dimensions of a hall, and the satirical insinuate that, instead ■of speaking, he screamed. But that might be easily remedied. His expressions are not so, and, i fear, are beyond remedy in the recollections'of his West Coast colleagues. They sat, not in blank amazement, having suspected what was coming, so far as his vote was concerned, but their amazement and amusement were something remarkable when they were charged with being a " wilfully blind and factious opposition," "annoying the elected head of the Province," and seeking only the " loaves and fishes for themselves " —working to "get the country to themselves, and not for the country's good." Mr Eeid, who was his neighbor on the right, must have had a narrow escape of being called to order by the speaker, as he more than once hissed out an emphatic " Sir-r-r," or gave a hysterical " Ha! Ha!" while others rose and called his quondam friend to ordur. The other West Coasters were occasionally demonstrative, but Mr Eeid, it appears, had the advantage or disadvantage, whichever it might be, of having in his hand Mr Donne's carefully kept copy of Mr Franklyn's Westport speech, of which " rebellion " and " blazes " were the text, and he probably thought that the comparison was, indeed, as odious as comparison could be. It was reserved for reading after Mr Shepherd had spoken. (Joke —Has the Shepherd got A. Eeid ?) but Mr M'Mahon anticipated by moving the " previous question," and so ignorant were " the opposition " of the rules of debate that they did not continue the discussion as they might have done. There was a division, a tie, and a casting vote by the Speaker which shelved the debate, and a division on the real question was thus averted by the Government. The' audience dispersed, and drank and debated freely. Before the members did so—l mean before they dispersed Mr Donne gave notice of this motion :—" That all papers, telegrams, or other correspondence connected with the resignation tendered by Mr Franklyn," as member of the Grey district, in this Council, be laid upon the table." It had got wind in town that Mr Franklyn had at one time resigned, and it was known that, by the Constitution Act, a resignation, once received, rendered the seatjvaeant. Mr Donne had resolved to inquire into this, and I presume that Mr Franklyn's speech decided him as to the time of so. With regard to Mr Franklyn's tergiversation, no doubt he is laying to liis conscience the consoling balm that he is justified in approving of the Executive in consequence of the presence of Mr Kynnersley, though he would require to show —more, perhaps, than he could prove —that even Mr Kj nnersley's nominal connection with them " leavens the whole lump." Had he endeavored to show this, or given any calm, temperate reasons for the otherwise unexplained turning of his coat, he might have been heard with some sympathy for his wonderful good-nature, . but no circumstances whatever existed to justify the infamous insults which, on the very first occasion of his speaking in the Council, he hurled or howled at his utterly astonished colleagues, or, as he calls them, " this miserable Opposition." On "Wednesday evening, as I have said, the Unathorised Expenditure discussion was resumed. Mr Franklvn, in speaking of Mr Dent's discharge of his duties, made some casual reference to the "West Coast members. It must have been suggestive to auditors to notice the loud "Hear, hear," with which Mr Donne was greeted by the West Coast members and others when he used such words as these:—"l trust Mr Franklyn will specially avoid any reference to West Coast interests. I appeal to West Coast members if they will allow their names to be bandied about in the way he is doing. Let him not speak of any of the other West Coast members. For myself, I disown him."

On the same evening Mr Donne moved the adoption of a resolution for transmission to the General Assembly in favor of increased representation of Westland North in the latter body. Mr Beid seconded the motion, and by both members arguments were used such as are contained in the memorial now being printed in Westport. The motion was agreed to. A pretty long discussion, in which nearly every member of the Council spoke, took place afterwards on Mr Reid's motion for the purchase of the Orawaiti bridge. The mover tried to combat the Provincial Secretary's argument that the money must be taken out of the Buller vote, to the probable detriment of other more important works, by contending that it was unfair, first to make the people of the district pay for the bridge by tolls, and afterwards to make its purchase a purely district charge. He showed also that the complaint was not a Westport ono, but made in the interest of miners and general traffic. But Westport had also some reason to complain in consequonco of its extraordinary geographical boundaries. He described Westport as being hounded on the north by the sea, on the south by swamp, on the west by a shilling ferry, and on the east by a sixpenny toll, and wondered what offence the inhabitants had committed that thoy should bo thus imprisoned by physical and pecuniary barriers. Mr O'Conor

and Mr Donne assisted materially in illustrating the circumstances of the case, and Nelson members supported it. An amendment was proposed, which would postpone the matter iintil the Estimates were being handled, but ultimately the motion was passed in its original form "authorising the Superintendent to purchase, with a view to the bridge being thrown open to the public." Very likely some alterations will be made, during the consideration of the Estimates, which will provide the amount required. Mr O'Conor, seconded by Mr Mackley, proposed " That Provincial lauds, when sold by auction, should be sold in the nearest township to the locality in which the lands are situated." The mover quoted complaints made against the present system, and referred to the abuse and injustice which might arise under it, both as concerned the public and the Province. The Provincial Secretary got the motion postponed for a night until he had consulted with the Commissioner of Crown Lands, and, when he had intimated that the Commissioner saw no objections to it, the motion was passed. Two returns were also called for by Mr O'Conor on the same eveniug—a return showing the liabilities of the Province at the end of the year for public works and miscellaneous items, and a return " showing the number of horses kept for Government purposes, the manner in which they are distributed, the purpose for which used, and the cost of maintenance at each station, during the last financial year." On his motion, a copy of a requisition from residents in Westport presented some time ago on the subject of river protection was also laid on the table. Mr Eeid directed the attention of the Council to paragraph 11 in the Superintendent's address, relating to the necessity of improved accommodation for the insane, and suggesting representation to the General Government on the subject of a Colonial asylum. He moved for a Committee, and the motion, which was seconded and supported by Mr Donne, was agreed to.

Then came the production of Mr Franklyn's telegram withdrawing his resignation, which had been asked for by Mr Donne. The letter of resignation could not be produced because it had, as a withdrawn letter, been destroyed by one of, the clerks. So it was said. The comments which the production of the telegram provoked, and the proceedings next evening, are reported in the supplement which you publish, and to which, for other items which I may have omitted, your readers may refer.

The dead-lock which I have referred to was of this nature. If Mr Franklyn had resigned, he was, so far as the business of the Council was concerned, " a stranger," and by his presence the whole proceedings would be nullified. Indeed it is doubtful if every subject in the settlement of which he took part by voting, will not have to be re-con-sidered. To decide this question, Mr Wastney, on Friday evening, drew the attention of the Speaker to t«e presence of " strangers," meaning those inside the bar. Sir David Munro and other gentlemen seated within the bar withdrew. Mr Franklyn retained his seat, and the Speaker was going on to state hia opinion on his power or powerlessness to decide as to the validity of Mr Franklyn's retention of his seat, when Mr Eeid rose to a point of order. He suggested that, if Mr Franklyn was not " a stranger," he need not withdraw, but if he was a member, and the discussion was one of personal reference, it was usual for even a member to withdraw. The Speaker ruled that such was the usage, and he requested Mr • Franklyn withdraw, which he accordingly did, taking his seat in the body of the hall. Then there came a " tiff" over a telegram which the Government had sent to the Attorney-General, as a " statement of the case." It ended in the Speaker, Shepherd, Luckie, Reid, and the Provincial Solicitor being appointed a Committee to draw up another statement of the case, and the Council adjourned for an.hour until they had prepared it. It was adopted when the Council resumed, and on Friday it was transmitted to Wellington. No answer came that day, and at five o'clock the Council was adjourned to eight, on the plea of committee work, of which there was some amount done during the three hours of interval. At eight, Mr Franklyn stated that he had no desire to impede business, by making hia presence an excuse for adjournments—that, as there was no business on the paper in which he took interest, he would retire—but that, if any other business was introduced, he reserved his right to return to hia seat. Mr Donne referred to the unfairness of proceeding with business until the matter was settled —its unfairness to Mr Franklyn on the one hand, and to tho Council on the other, and he moved an adjournment. A member of tho Executive objected, and said he would call for a division just to show who were impeding business. Mr Luckie and Mr Reid retorted to this bit of bounco in very sharp language, but they also opposed the adjournment, and all tho business on tho paper for that evening was cleared off. It contained nothing of West Coast interest, except a motion of Reid's with rogard to compensating section-holders at Westport, and which, in tho absence of any petitions on the subject, he allowed to lapse—its lapsing, however, not prorenting its being re-introduced. Thero was a large attendance in the Hall on each evening, in comequence of tho

curious turn matters had taken, and all Saturday there was general curiosity as to the opinion of the Attorney. General, and much speculation as to the future action of the Council and the Government.

Tuesday, May 17. Last night the intentions and anticipations of those who took action in Mr Franklyn's case were fulfilled. The Attorney General's opinion, as received by the Superintendent, was read in the Council, and it left no doubt about the fact of Mr Franklyn's seat being vacant, as contended for by those who had moved in the matter. The Attorney General held the Act to be " clear and express " to this effect —that, " immediately upon the receipt of the letter of resignation, the seat became vacant." In transmitting this opinion to the Council, the Superintendent expressed himself in a most disingenuous manner, intimating that Mr Franklyn, in deference to the Attorney General's opinion," had " definitely resigned." The Council refuse to have this reading of it. They hold that Mr Franklyn could not resign what lie did not possess, and that he was, though not physically, to all intents and purposes ejected, Mr Shepherd, immediately upon the reading of the message, gave notice of a motion concerning the Superintendent and Mr Kynnersley for their proceedings in connection with Mr Franklyn's resignation, and Mr Luckie gave fresh notice of his no confidence motiqn. Both these motions come on for debate to-night, and with the probability of a large amount of unanimity existing among the members. About the censure on Mr Kynnersley 1 am not so sure, for I hardly think he was a member of the Executive at the moment of Franklyn's resignation. However he canuot be acquitted of being party to a nice little political move in favor of the Curtis Government, and in which Franklyn was the principal puppet. You will remember the demonstration in favor of Mr Kynnersley got up by Franklyn, and at which Mr O'Conor and others now see that they were most completely " had." You will remember Franklyn's preceeding Mr Kynnersley to the Grey, and so on. These incidents now seem to hang together, and although nothing can be said to dero-

gate from the spontaneity of the welcome given to Mr Kynnersley, there can be no doubt the most of it was being made for the Government for political gain. Their principal puppet, however, waxed fat with apparent success, and, kicking too fiercely, kicked his ownpolitical bucket. The details of what I have briefly said about the Attorney General's opinion you will find in "the Colonist, and will, no doubt, be able to insert, od Saturday. I may add that the West Coast members have had a meeting, and have resolved to act in concert for the interests of the Goldfields, so that the Grey district may in no way suffer, and they also hope that that district will, at the new election, return a man who will both promise and fulfil, instead of promising and breakiug faith with friends as well as foes. It is reported that some one in the Government interest will be presented to the constituency of the Grey, and that the same will be done in the case of the seat in the General Assembly vacated by Mr Gallagher, but I should imagine that " once bitten, twice shy," and that there will be, in both instuuees, a close canvass of the merits or the meretriciousness of any candidate who may come forward.

An Aberdeen shoemaker has died in a soup-kitchen, choked by the unwonted phenomenon of a piece of meat in a basin of charity-soup ! A temperance editor, in drawing attention to an article against ardent spirits in one of his papers, says :—'For the effects of temperance see our inside !' New York has enough outcast children to make a procession in double file eleven miles long. Conundrum by a clergyman at a dinner party : —" Why. don't they build mills on the lower Mississipi ?" Answer : —" Dam it, they can't."