NELSON.

Westport Times, Volume IV, Issue 665, 31 May 1870, Page 2

NELSON.

PEOCEEDLNGS IN THE PEOVINOIAL COUNCIL. (prom ottb own cobbespondent.) May 25. The two subjects, excluded from my last letter in consideration of the already too extensive occupation of your space by Council matters, were the action taken by the Council in relation to Mr Kynnersley's appointments, and the series of resolutions passed in reply to the Superintendent's message on the subject of Mr Pranklyn's resignation. There were some other minor matters, and for these, with the major ones, I refer you to the Colonist's reports. By printing extracts from these reports, you will render it unnecessary for me to do more than furnish some supplementary information; and, as this is the Queen's birth-day, you will be enabling me, your humble servant and her Majesty's loyal subject, to dedicate to you and " our sovereign lady" a few mouthfuls of fresh air on the hill-tops. Mr Kynnersley's retention of the offices to which he was so recently appointed came to be considered out of due course in consequence of the SuperintendentforwardingtotheCouncil a letter of his, stating that if his time were not otherwise occupied, he intended to become a candidate for the representation of Westland North in the General Assembly, and asking for a definite reply to the offer of terms upon which he would undertake the duties of "Warden, Eesident Magistrate, Commissioner, and Member of the Executive. In this letter, Mr Kynnersley gave some explanations of portions of the letter submitted at the first of the session, and which had been commented upon as altogether too extravagant in its expectations. I think the word "impertinent" had been used, but I imagine that was only in reference to political and public rela-

fact, Mr Kynnersley's pretensions to perfect irresponsibility, coming at a time when there was a determination to have less of that article than already existed, were likely to provoke keener criticism than at other or earlier periods of the autocratic administration of the affairs of this Province. Accepting the comments to be different in their application, Mr Kynnersley wrote saying that he was " unable to discover anything discourteous in the terms in which his offer was couched." He repeated that, while, " under certain conditions, he could confidently undertake the entire management of the Goldfields, unless he was entrusted with considerable powers, it would be useless for him to accept any office whatever." He added

that if it were thought better that the Goldfields Secretary or Commissioner should have a seat in the Council thau he K.M. for Wangapeka and Matakitaki he should have " no particular objection" to become a member before next session, if a vacancy should occur. The "considerable powers" which he asked for in his first letter were thus stated:—'• I could not venture to undertake the management of the Goldfields with any assurance of results satifactory' either to the public or myself, unless, subject to his Honor

the Superintendent, I am entrusted with the control of every department and every officer under the Provincial Government upon the G-oldfieldg, and unless no very material alterations are made in the Estimates of Departmental Expenditure which I have the honor to submit." The matter was discussed in Committee, and the conversation was discursive, but to one effect, namely that if the Superintendent did his duty, a Commissionership would be unnecessary, and that, under any circumstances,

an irresponsible Commissionership, added to an irresponsible Executive, was altogether inadmissible. At this date I forget details, but I remember that Mr Luckie quoted the contradictions contained in the Superintendent's speech of this year and last year, and again referred to Mr Kynnersley's terms as savoring of the quarter-deck, and being altogether at variance with a popular form of government. Mr O'Conor referred to Mr Kynnersley's first letter as containing much that was useful and true, and much that was indiscreet and absurd. It displayed a thorough appreciation of some of the sources of the evils which existed. In that letter, Mr Kynnersley estimated the annual value of the unproductive labor of miners in attending ; Courts and offices, to be, at the current rate of wages, about twenty thousand pounds, and he implied a great deal which was, no doubt the truth with regard to the impolicy of Wardens and others being mere animated fixtures, discharging only a

certain routine of office work. The whole letter illustrated this—that from the Superintendent downwards, those who were delegated to discharge goldfields' duties did not discharge them in a manner commensurate with the necessities or peculiarities of the case. But he (Mr O'Conor) could not consent to the multiplication of offices, especially on such a footing of perfect freedom from control as that proposed by Mr Kynnersley. He had no objection to the appointment of Mr Kynnersley as Acting Superintendent, if no salary were paid to the Superintendent, but not otherwise. How far, he would like to know, was this delegation of the Governor's powers to be re-delegated through a 'succession of paid officers ? Mr Donne narrowed the issue to one question— Were they to revive the ancient regime? Were they to re-establish an irresponsible Commissionership, at a time when the condition of the country had materially changed, and to render futile even the increased measure of representation which they had obtained ? It were better at once to abolish the institution of Provincial Council, and to disfranchise the population. They would then have a clear conception of the fact that the form of government under which they were asked to live was an oligarchy, and even then one of indifferent merits. Mr Eeid said he had very mixed feelings on this subject. He had come to the Council determined to vote for Mr Kynnersley's appointment. He knew that active supervision of the G-oldfields was required, and if people persisted in electing Mr Curtis to do work which he would not do, the work must be done and paid for otherwise. The loss was less one way than the other. He believed also that Mr Kynnersley had a special aptitude for this specific work, and had the will to do his work. He believed that some of hia colleagues were similarly impressed with the necessity for this appointment, but he soon found, on arriving in Nelson, that there was an entire revulsion of feeding, and he confessed that he now shared in that revulsion of feeling. He gave Mr Kynnersley credit for his candour, but the conditions he proffered on the condition of his appointment were altogether irreconcilable with the fortunately democratic character of the institutions under which we lived. The conception which Mr Kynnersley had formed as to the relationships of the people, the Council, himself, and the Superintendent, was perfectly intelligible as the result of a certain education and experience. Any man seated early in the stern-sheets was apt to look upon his superior officer as the sole source of authority on part, and the sole recepclass towards '"whom, and "not

for whom, a duty was to be discharged. But this was not the conception upon which our system of representation was framed, or upon which the administration of the Province was to be carried out. He recognised the difference between representation and administration; he desired to see no irritating interference by the representatives with the administrators ; but Mr Kynnersley, though a member of the Executive, went so far as to ignore any guidance of his action by the " advice and consent " of others—the very conditions they were desirous of imposing upon

the Superintendent. Mr Kynnersley accepted a seat in an Executive Board, yet demanded that he alone should execute. He regretted that, against his will—againist his knowledge also that the supervision of the Upper Buller was a necessity—but in accordance, he believed, with his best judgment, he must vote against the Provincial Secretary's motion, and for Mr M'Mahon's. There were othermembers who spoke, and to better purpose, on the same subject, but as a rule in the same strain as the member for the "West Coast, and it was only by a mistake, amid the confusion of amendments

and counter-amendments, that the voting was not numerically the same as on the following day, when the report of the Committee was adopted. The report ought to have been adopted at once, but the Council, it appeared, had become habituated to a curious custom of accepting the Committee's decision as final, and recording it. This only gave a majority of 10 to 6 for Mr M'Mahon's amendment, but it was known that, when the Chairman of the Committee could exercise his vote, and the brothers Kelling theirs in the way they intended to do, the result would be different. On the demanded division in the Council, it was different, by the majority being 13 to 3, but in this majority Mr Donne's name

~ will not appear in the records. His vote, in fact, will be recorded on the other side—that being a technicality imposed by his calling for a division—but his views were, of course, with the majority. It is unnecessary to recite any of the remarks elicited by the series of resolutions proposed as an answer to His Honor's Message No. 8, and as a deliverance upon the subject of Mr Branklyn's election. They brought out Mr O'Conor and Mr Donne, and Mr Mackley also in a subdued form, but by all the matters were very temperately treated. The whole Franklynian escapade was pretty extensively referred to, without much being said on the Government side, except once when there was a sharp retort by Mr Donne to the Provincial Secretary, who suffering from slight

loss of temper, went somewhat beyond " the question." It is due, however, to the Secretary to say that he had written to Mr Shallcrass deprecating police interference at elections, and that Pranklyn, though not for reasons connected with the elections, had received notict to quit. It is likely that Mr Shephard's vote of ceneure will not now be moved, and that the Executive Besponßibility Act will be mutually more acceptable than a motion of no'confidence.! ,It was the expression of the mover of the resolutions referred to, that incarrying them through Committee he felt that the Council was being dragged through, the mire, but ho, hoped that it was through the last of the slough of despond in which they had been since the commencement of the session.

Wednesday, Mat 18. (From the Nelson Colonist') WATEB SUPPLY FOB THE QOLDFIELDS. Mr O'Conor moved, " That a select committee of this Council be appointed, with power to call for persons and papers, to take into consideration paragraph No. 12 of his Honor the Superintendent's speech, and to enquire and report as to the best means of securing to miners upon the goldfields of this Province, a Bupply of water for mining purposes, such committee to consist of Mr Eeid, Mr Donne, Mr Mackley, the Provincial Solicitor, and the mover." He pointed out the importance, of this subject, which he said had occupied the attention of other Colonies, and other Provinces in this Colony. In the cise before us, a water supply meant to the miners not only a supply of water, but a supply of the means whereby to obtain necessaries of life.

Mr Eeid seconded the motion. He did so in the belief that the enquiry would be of some value. Although legal difficulties had been started by* the Superintendent in his speech, yet' he observed in the same journal in 1 which he had first read his Honor's speech, an extract from the speech of, another Superintendent, in which it| was said that a large amount was to bel devoted to this very purpose in another Province.

The Provincial Secretary said if hon. members would refer to paragraph No 12 of the Superintendent's speech, certain suggestions would be found on this subject. He moved as an amendment the insertion after the words " persons and papers " of the following words:—"To take into consideration paragraph No. 12 of his Honor the! Superintendent's speech, and to." The amendment, which was seconded by Mr Donne (who had previously! brought forward the same subjects waq Mr O'Conor moved, "Tbat hiaj Honor the Superintendent be requester to furnish this Council with such rel turns as will show the revenue derived] from all sources on the South-west] G-oldfields during the last financial] year." > ■ . . I On a division the motion was lost,! the Provincil Secretary having stated] that it was only possible to give a re«i turn of the Provincial revenue. ,j

SEA ENCROACHMENTS AT WE3TPORT. The Provincial Secretary laid on the table Mr Kynnersley's report on sea encroachments at Westport, as asked for by My Beid: THE GREY. ELECTION. Mr Gibbs moved," That his Hqnoj the Superintendent be requested to furnish this Council with a copy ,of the report of the Chief Inspector of Police (together with copies of the evidence taken), on the subject of certair irregularities supposed to have beei practised by the police force in jthi Grey district during the late Proving cial Council election for that district.' The report was laid on the table. | Mr Mackley moved, "That th| petition of Alexander M'Donald be rej ferred to the committee appointed fa the purpose of considering the bes means of assisting miners in prp> pecting." ' j Mr Beid seconded the motion, whig was agreed to.

Thursday, May 19. The Council met at five 6'clocl All the members were present exce] Mr Eutherford. ' I j RAILWAY PROM COBDEN TO BBTJNOT COALMINE. Mr Mackley moved, "That tb Couneil do request his, Honor t! Superintendent to apply to the Hou of Bepresentatives for power to borr( a sum of money (supposed to be abo £26,000) for the construction of railway from the Brunner. coalmine Cobden." He briefly' supported i proposition as one calculated to great good to the Province, and pi ticularly to the Grrey district. Mr O'Conor seconded the motii expatiating on the benefits that sucl work would produce; the increas traffic in coal, the settling'of the cot try, the prevention of a great losß revenue for the Province, which present went to Greymouth.' Alliil was wanted was a guarantee. 1 interest would be only £2600 ay«j even at 10 per cent, and the benefit the first year would be more tl double the annual cost. , j After some remarks from Mr Jfl who supported the motion, and;; Gibbs, who opposed it, on account the borrowing of moneys .". .'>■ The Provincial Secretary though would be the wiser course to ma» direct application to the General I

rernmont to borrow the money for this Province. He suggested that £30,000 should be applied for to make a railway from Cobden to the Brunner mine, and to the Arnold junction; from which latter place there was a proposal to form a tramway to the Ahaura, which, with the railway, would open a.large district of auriferous country. ! The amendment was adopted, and a motion embodying the same was passed.

ISAAC CHAPMAN'S PETITION. Mr Beid, seconded by Mr O'Conor, moved, "That the petition of Isaac Chapman be referred to a select committee ; such committee to consist of the Provincial Secretary, Messrs Bonne, O'Connor, Macmahon, Mackley, and the mover." Agreed to. JIB KTNNEESLEY's APPOINTMENTS. On the motion of the Provincial Secretary, the Council resolved itself into committee to consider message No. 10, and its enclosure, Mr Shephard in the chair. The enclosure ! which was a letter from Mr Kynnersley to the Superintendent intimating that it was his intention to offer himI self as a candidate for a seat in the House of Eepresentatives, now vacant in Westlaud North, and desiring to be informed what course the Government would take as respected his appointment as Commissioner of Goldfields, &c., and also explaining a part of a former letter of his on the subject of his taking the sole charge of the goldfields, and the goldfields officers, and laying down conditions as to the Estimates therefor, &c.

A long discussion ensued in committee on the subject, one argument being used that the Superintendent and Executive should have settled the matter themselves, and another that there was no need for such an office if the Superintendent did his duty byvisiting the West Coast and all parts of the Province, and making himself acquainted with the wants of the Province ; and that at present Mr Kynnersley would be like a third Superintendent.

An amendment, proposed by Mr Gibbs, was objected to, and withdrawn.

Another amendment, proposed by Mr O'Conor, was, to the effect that Mr Kynnersley should be appointed Acting-Superintendent, provided the Superintendent retained office without salary. But it was also withdrawn. Afteraconsiderahledebate.somewhat desultory, the motion of the Provincial Secretary, " That, in the opinion of this Council, it is desirable that Mr Kynnersley be continued in the office of Commissioner of G-oldfields, and Warden, and Eesident Magistrate for the Upper Buller and Matakitaki," <™> nflizathrad bv a majority of 10 to the word " continued."

I The following is the division:— Por the motion, 6 —The Provincial Solicitor, the Provincial Secretary, Messrs Collins, C. Kelling, P. Kelling, and the Speaker. Against it, 10 Messrs Luckie, 8 Donne, Eeid, Mackley, O'Conor, Gibbs, I Tarrant, Macmahon, Baigent, and Wastney. The Messrs Kelling had signified I their intention of voting for a motion | proposed by Mr Eeid, in lieu of both I motion and amendment. This motion was altered, and put as follows, as a substantive:—" That the Superintendent be requested to inform Mr Kynnersley that tho Council regrets that the circumstances of the Province, and the conditions contained in his letters, dated April 16 and May 16, preclude the Council from recommending the continuance of his present appointment." The mover stated that this expression of regret was no formality, but sincere. There was the utmost necessity for supervision of the goldflelds, the necessity being solely caused by the Government; but acceptance of Mr Kynnersley's proposals was impossible. (Hear, hear.) Mr Donne seconded the motion, which was adopted without opposition. Mr Eeid put a question as to the mode of reporting committee proceedings, and reserved an objection.

Peedat, Mat 20. ME. ETITKrEESLEX's POSITION. On the motion of Mr Eeid, the re- | port of the committee of the whole Council was considered. The report was read as follows; — "That, in the opinion of this Council, it is desirable that Mr Kynnersley be not continued in the office of Commissioner of Goldfields, and "Warden, and Eesident Magistrate for the Upper Buller and Matakitaki. That the Superintendent be requested to inform Mr Kynnersley that the Couucil regrets that the circumstances of the Province, and the conditions contained in his letters, dated April 16 and May 16, preclude the Council from recommending the contmtiance of his present appointments." On, the motion of Mr Macmahon, that this report be adopted, it was passed on the voices. Mr Donne . called for a division, which resulted' as follows : Ayes, 12—Messrs Luckie, 0. Kel«ng, P. Kelling; Shephard, Eeid, Mackley, O'Conor, Gibbs, Tarrant, ■ Di ac^on,.Baigent r And,-Waßtney. li £ B ' 3 ~ The Pr °vincial Solicitor, «Mt Provincial Secretary, and Mr volhns. • ; _.3fce Speaker reserved the vote of Jw Donne, who, when " the Ayes had « called for a division, and, on his Toting with the Ayes, was objected to

by the Provincial Solicitor, who contended that, as Mr Donne had called for a division, he was bound to vote for the Noes, seeing that the question had been resolved in the affirmative on the voices. Mr Donne argued that he wished to divide the Council, and that he gave his vote with the Ayes, which he thought he had a right to do. THE SUPEBINTENDENr'S MESSAGE —THE

FBANKXYN OBSIGNATION". On the motion of Mr Beid, Mr Wastney in the chair, the Council went into committee of the whole to consider his Honor's message, No. 8. In committee, Mr Beid moved the following resolutions, which were discussed seriatim :— " 1. That the Speaker be requested to transmit to his Honor the following resolutions, in respectful reply to his Honor's Message No 8 : " 2. That in the opinion of the Council, his Honor's Message No 8 conveys a misconception of facts, inasmuch as it states that' Mr Pranklyn has this day (May 18), in deference to the opinion of the Attorney-G-eneral, definitely resigned his seat for the Grey district.' whereas the facts are that, according to the Constitution Act, and in the opinion of the Attorney-General, the seat became vacant upon receipt of the letter of resignation on March 18; thereby precluding any further act of resignation on the part of Mr Pranklyn, or any recognition of such act by his Honor.

" 3. That his Honor, by holding the seat to be vacated on March 18, and forthwith issuing a writ for the election of a new member, would have been acting in accordance only with unimpeachable constitutional practice. "4. That the Council desires to direct his Honor's attention to the possibilities of outrage upon the public sense of propriety, of subversion of all departmental discipline, and of injury to the character of representative institutions, involved in the circumstances attending the candidature, election, and resignation of Mr Franklyn, at one and the same time a Sub-Inspector of the Provincial Police, and, as stated in his Honor's message,' the notoriously active political opponent,',of the Chief Administrator of the Government of the Province.

'' 5. That the Council recommends that in any Bill which may be introduced affecting the administration of the Province, a clause should be inserted, determining that any salaried officer in the service of the Province shall, either on declaration of candidature or on election as a member of the Provincial Council, cease to retain such salaried office, exception being made only in the cases of members of the Executive, and due regard being always had to the spirit of the Act of Constitution., and tution in resolution 2, of the words, "is founded on a misconception," instead of the words, " conveys a misconception of facts," arguing . that' after all the opinion of the AttorneyGeneral was only that of infallible man.

Several speakers objected, and it was urged by Mr Luckie, that the entire resolutions were marked by perspicacity and exactness, were logically put together, and complete without any superfluity. To adopt the words of the Speaker would be to go beyond their own experience; would be an attempt to enter into the inner consciousness of his Honor when he penned the message, and to declare that he founded the message on a misconception, when in reality he may have not misconceived the facts, but left some of them out just as a certain telegram was left out of the case prepared by the Government for the Attorney-General. They had to do with what the message actually conveyed, not with anything on which some of the Council "might believe it was founded.

The amendment was lost, as was another amendment by Mr Barnicoat, to strike out all the words in the same clause after March 18. The resolution was passed without alteration. So was No. 3, although the Provincial Secretary proposed that it should be omitted. All the others were also adopted, some pointed observations, not of the most complimentary character, being made regarding the conduct of Mr Prankyn, both as a police officer and a candidate for and the usurper of Council honors.

Satubdat, Mat 21. the stoebintendeni and the COUNCIL. Mr Wastney reported that the deputation had had another interview with the Superintendent, who, he stated, although not convinced in his mind, would yet yield to the desire of the Council, and would cause a bill to be prepared for the purpose of amending the Executive Ordinance, to be sent down probably by Wednesday. Mr Shephard enquired whether the Superintendent had intimated his intention to assent to such a bill after it had passed the Council. That was a point of importance. Mr Luckie said his Honor had not positively said that he would not withhold his assent from the bill; but no one thought of that as a contingent, and indeed he had clearly indicated his intention to assent to it, in accordance with the wishes of the Council, and the deputation left decidedly under the impression that his Honor would carry out their wishes as well and as faithfully as he possibly could. The bill would be sent down on Wednesday, and (Mr Luckie) • was

disposed to hope that it passing would prove a satisfactory termination of the difficulties into which the Council had become involved, by no fault of its own, but only in the course of its strict duty to the public.