NELSON PROVINCIAL COUNCIL.

Westport Times, Volume IV, Issue 661, 21 May 1870, Page 2

NELSON PROVINCIAL COUNCIL.

The following are some extracts from reports of proceedings in the Council to which reference has been made in the letters of our Nelson correspondent : ME. FRAISTKLYN'S RESIGNATION". On Friday, May 13th, Mr Donne, seconded by Mr Eeid pro forma, moved the adjournment of the Council. Mr Collins : I oppose this adjournment. It is only a waste of valuable time, and exposes our Provincial institutions to the ridicule of the people. (Oh.) In fact, we reilly are making ourselves somewhat absurd by the action we have already taken. There is no conceivable reason for the proposed adjournment. Mr Franklyn has acted very courteously in retiring from the Council, and I shall certainly press my amendment to a division If necessary, in order that the public may see on whose shoulders rests the unnecessary delay of business. (Hear, hear, and oh, oh.)

Mr Luckio did not rise to support the motion, which he trusted his friend the member for Charleston would see the propriety of withdrawing. (Hear, hear.) But he felt bound to take exception to the remark of his fellowmember for the city (Mr Collins.) There was a great constitutional question at issue, the gravity of which that gentleman did not appear to understand, and it was simply unjust to endeavor to shift the onus of delay to the shoulders of £he Council. He retorted the charge upon the Government, for it was thoy by their action, by what seemed their systematic disregard of the law that ridicule was drawn on institutions, that the Council were to maintain, and would maintain. (Hear, hear,) The fault was the fault of the Government or of the Superintendent, and that fault necessarily caused tho delay. Ho further dissented from tho statement of Mr Collins respecting .Mr Franklyn's withdrawal from tho Council. That withdrawal was no doubt wise, but it was not courteous; and ho had no right to say that if tho Council should introduco other matter thau that on the notico paper, he should again introduco himself within tho bar. (Hoar,

hear.) Having said this much he (Mr Luckie) hoped the motion would not be pressed. Mr Beid said he had seconded the motion pro forma, simply for the purpose of eliciting an expression of opinion upon the matter of adjournment, of which much was being made ; and he was glad he had done so, because it had elicited what had been expressed by Mr Luckie, with whom he agreed, and what had just been said by Mr Collins, whose remarks he resented with all the resentment he could embody in words. When saying that he agreed with Mr Luckie, he did not mean to Bay that at that moment he united with him in believing that, in permittingMr Franklyn's withdrawal the Superintendent had acted in keeping with his systematic disregard of the law. He would not then go so far. He would presume, for the moment, that it was a matter of accident, and, permitting the matter to stand on that presumption, he would prefer that the motion of adjournment should be withdrawn, and the business be proceeded with. But he would not sit there to be taunted or twitted by any member of the G-overnment with delaying the course of business. Whether by systematic disregard of law, or by accidental misdirection, it was by the action of the Government that the business was alone impeded. (Hear, hear.)

The motion was afterwards negatived, without a division.

THE VACATED SEAT FOE THE GBET. On Monday the Speaker read a telegram he had received from the Colonial Secretary on this subject, which was read, as was also a message from the Superintendent, together with copies of telegrams therewith transmitted. The message and telegram are subjoined :

Message op nis Honoe on the Subject, with Enclosubes. " The Superintendent, in compliance with resolutions passed by the Provincial Council on the 11th and 13th instant, forwards copies of all telegrams relative to the tendered resignation of Mr Franklyn of his seat as one of the members for the Grey district. "Mr Pranklyn's letter of resignation having been withdrawn three hours after its receipt, with the consent of the Superintendent, was consigned to the waste-paper basket, as being the property of Mr Franklyn, and not a public document. " Mr Franklyn has this day, in deference to the opinion of the AttorneyGeneral, definitely resigned his seat, and a writ has been issued and despatched to the Eeturning Officer for the election of a member for the Grey district.

" The Superintendent desires to express his sincere regret that the Council should be deprived for a short time of one of its members, and the Grey district of the services of one of its representatives.

"Mr Franklyn's resignation, although perhaps technically definite, was practically conditional, and the Superintendent considered that if he refused to allow of its withdrawal three hours after its receipt, he would be liable, and very justly liable, to the imputation of sharp practice towards a member of the Council who was at that time notoriously his active political opponent; while he would have been subjecting the Province to the expense, and the electors of the Grey district to the trouble and excitement of a fresh election, without what he considered to be adequate cause. " Oswald Cuetis. " Superintendent. " Nelson, 16th May, 1870.

Colonial Seceetaey to the Stjpee-

EN'TENDESTT. " Wellington, May U, 1870. " Re your telegram of 12th inst., I send you opinion of Attorney-Gene-ral, but as the matter is not one for action of General Government, it does not hold itself responsible for opinion, and you must receive it as if given to yourself. ' Opinion. ' I think it clear that immediately upon the receipt of the letter of resignation, without any recording thereof, or other act done by the Superintendent, or any other person, the seat of the member became vacant. I think the 9th section of the Constitution Act clear and express to this effect.—(Signed) J. Pbendekgast.' " (Signed) W. Gisboene." pbospectik'g foe gold. Mr O'Conor moved, " That a committee be appointed to consider and report upon the best means that can be adopled to encourage persons desirous of prospecting in search of gold ; such committee to consist of Messrs Donne, Shephard, Mackley, Eeid, Gibbs, and the mover." He thought prospectors had a fair claim on the Province for a reward for their labors, by which the Province was greatlv benefited in various ways. He did not mean that they should bo recompensed in money simply, but means might easily bo made for rewarding them without impoverishing the Exchequer. Mr Mackley seconded tlio motion. Mr P. Rolling said the best way of rewarding miners for prospecting*was by giving thorn extended prospecting claims, and providing them with good roads. Mr Pieid agrcod with Mr Kelling. Ho thought further that the motion ought to liavo como from tho Government instead of from a private membor. It was now timo that a rovisal of tho laws respecting prospecting

claims should be made. The subject ought to have been long ago taken up. It had been successfully dealt with in another Province, and he considered it was a reflection on the Government that they had delayed so long in considering the subject. Mr Shephard supported the motion for a Committee of Enquiry. The motion asked for no bonus in the shape of a money grant, and it was only right that opportunity should be afforded for considering the subject, with the view of improving the present condition of the prospecting miner. Mr Donne, while supporting the motion, feared nothing practical would result from it. He had brought up the same subject before in the Council, aa well as some others which Mr O'Conor had now moved in. He had found that although he had advocated such improvements in mining legislation, and though the Council might recommend certain things in that regard, yet the Provincial Government would oppose it. At the same time he would ask, why should certain bonuses be offered by the Government itself? Last year he saw a letter in the newspapers, signed by Alfred Greenfield, wherein the Government, on its own responsibility, agreed to place a sum of money at the disposal of a prospecting party, who proposed to send out people to prospect districts in the neighborhood of the town. After a few other observations, the motion was carried, and the Council adjourned until Tuesday at five o'clock.