HOUSE OF REPRESENTATIVES.

Wellington Independent, Volume XXVI, Issue 3290, 30 August 1871, Page 3

HOUSE OF REPRESENTATIVES.

Tuesday, August 29th. The Speaker took the chair at half-past 2 o'clock. NEW MEMBER. Karaitiana Takainaana, Uawko's Bay Maori member, was sworn aud took his seat. PETITIONS. A Jarge numborof petitions were presented. PUBLIC PETITIONS COMMITTEE. Mr KELLY brought up the report of the Public Petitions Committee on the petition of thirteen inhabitants of Auckland with regard to the state of the liquor trade in that province, and asking (he House to pass a Permissive Bill ; tho committee did not consider it within their province to report upon the prayer of the petition. Also, the report of the committeo on the petition of Lucy Davis, widow of tho lato Mr Davis, geologist, praying that tho House would grant; her somo additional allowance to that conferred by the Civil Service Act ; tho committee rocomended that an additional allowance be made. Also, tho report of the committee on the petition of certain inhabitants of Waiapu, the teuor of which had reference to tho liquor law ; the recommendation was similar to that in the former case. Also, on tho petition of a person whoso land had been taken away by tho natives; the committee did not deem it necessnry to offer any opinion on the matter. Also, the report of the committee on a petition from 1600 inhabitants of Hokifilu on tho Permissive Bill question ; the commit) oa reported that the matter was not within their province to report on, but recommended that a bill to amend tho salo of spirits, &c, should bo introduced. PORTRAIT OF SIR CHARLES CLIFFORD. The SPEAKER announced that ho had obtained from the hon member for Rangitikei tho picture of Sir Charles Ciiffjrd, which he lvid hung up in tho chamber. He would transmit by the mail which would leave in a fow days tho resolution which had beeu passed by the House. PAPERS. Mr YOGEL and Air M'LEAN laid upon the table a number of papers and returns. ROAD NORTH OF AUCKLAND. Mr FARNALL asked the Hon the Minister for public works whether it was the intention of the Government to construct a main truuk road through tho district north of tho city of Auckland, out of money authorised to be raised under tho Immigration and Public Works Loan Act, 1870 ? Ho wished to bring tho neglected state of tho northern district before tho Legislature, and also to point out that he had failed to discover that any provision hud been made for tho making of that road by the act of last session. Ho desired to know what were tho Government intentions in the matter. Mr GISBORNE said the Government had no power to make tho road epokon of by tho i hon member out of the money voted under the Public Work 3 Act. SALE OF SCRIP. Mr SWANSON askod tho Colonial Secretory whether tho Government intended to prepare and bring in a bill this session to license sharebrokers, and regulate the sale and transfer of scrip ? He pointed out that there w >re great inconveniences to which the public wero subjected, and also that the Government ljst a considerable amount of money by these agents not being licensed. MrGISBORNU} said the Government did intend to bring in such a bill on tho subject to which tho hon member had drawn their intention. THE TELEGRAM CASE. Mr GILLIES asked tho Government whether any further d "switches than those already mentioned hive been received by the last mail with re faience to tho euso of MiBarton. Mr GIS BORNE said no further dispatches had been received; th.jse already received would soon be laid on tho table. LFAVE OF ABSENCE. Mr REYNOLDS movod that leave of absence be granted to Mr Colder for one week, on account of urgent privato business. The motion was agreed to. IMPREST SUPPLY BILL. This bill was read a second time, and ordered to bo considered in committeo tomorrow. WARLIKE STORES BTLL, Mr M'LEAN asked for (.ho postponement of this bill until Friday. Tho motion was agreed to. GI?BOHNE LAND ACT AMRNDMENT BILL. Mr M'LEAN said that tho bill merely provided for the giving of a necessary power to the Governor to remedy a provision of tho bill of List year, which ie had been found impossible to comply with. Mi 1 GILLIES would like to sco the second reading postponed, and Mr J). M'LEAN proposod that the bill should bo postponed until Thursday, which was agreed toCOASTING TRADE REGULATIONS BILL. Mr STAFFORD, in resuming the debate on this bill, said ho did not object to the principle of it, but he wished to point out to tho Government that lie objected to tho provisions contained in it which gave to foreign vessels all the privileges of British vessels. Ho did not think tho power was too great a one to entrust to the Government, but ho hoped that while holding such a power they would tuke care to ask other countries for a return of those privileges. This bill was expressly designed, of course, to tho circumstances of the American steamers trading on our coast — steamers belonging to a country which, of all Others, guarded most jea'otisly its own interests, and he would cay that while wo were prepared to make concessions to other countries, wo had a right also to demand tfiat similar concessions should be granted to this colony by those countries. Mr GISBORNE thought tho remarks of the bon rnembei for Timaru were answered by the bill itself. The seventh section enabled tho Governor to restrict tho privileges to foreign vessels in certain cases, and that when he found that English ships labored under restrictions in foreign ports he bad power to inflict similar restrictions on"Buips belonging to any such nation. Tho bill was then read a second time, and ordered to bo committed to-morrow. PRISONERS MAINTENANCE EXPENSES BILL. Mr GISBORNE said it often happened that a person committed an offence in ono province and was arrested and imprisoned in another, and he thought it nothing but fair that tho prisoner should be maintained by tho province in which the offence was committed. Thero was a consideration which would probably come under discussion when tho bill was in committee as to whether any reduction should be innde in these cases. The general principle of tho bill was that the produce in which tho offence wns committed should be at the expense of the maintenance of tho prisoner in gaol. He moved the second reading of tho bill. Mr GILLIES would call attention to tho principle of charging adopted by tho bill. It was adding another to those many provincial charges which, he thought, should bo abolished altogether. Apart from this matter ho considered the. bill might inflict a great amount of injustice, and ho would mention in support of that view, two coses that came under his notice. One was a case in which an offence waß supposed to have been committed in one province and largo expenses had been gone (o to bring the alleged offender to justice, and in thnt ense tho prisoner was discharged. In another case thut had occurred certain members of the colonial force had committed an offence in the province of Auckland and wero imprisoned in tho gaol at Napier. This act would put upon tho province of Auckland the chargo of keeping these prisoners. Ho thought it would be very much better that tho cost of maintenance of prisoners phould bo a colonial charge instead of provincial. It was true that crimes wore sometimes coinmited from want of sufficient care, and that the perpetrators escaped t to other provinces, but it was often

found thai no amount of attention would havi prevented these persons from making then way into adjoining provinces, for persons o that oln s a were generally of a migrating chariot < r Mr GISBORNE said that as gaol expenses and maintenance formed at present a provincial charge, it was thought advisable to adopt the principle that tho provinces should pay foi the n ainteniineo of these prisoners in wliatovoi eaol they might be. Where there was an offence committed tho offender has to bo commated to somo gaol, and it was only fair while it was n provincial chargo that the charge should b? paid by the province in which tho ofl'enco -was committed. Tho question of the colonial forces should be considered on different grounds. If the offence committed wero a military ono the offender would be maintained at the expense of the colony, but if it wero a civil offence it would have to bo paid by the province. Mr STAFFORD hardly thought the distinction sufficiently clear. It was very hard thnt a province should be charged with the maintenance of these men. He confessed he largely sympathised with Mr Gillies as to the abolition o? provincial charges. No doubt the intention of the bill was to give to every member of the community an interest in the suppression of crime, and until they were prepared to abolish all provincial charges this was perhaps tho best manner of arranging for the pnymenfc of tho maintenance of these prisoners. He trusted tho whole question of provincial charges wniild come up during the session, and (hat. it would be discussed on its whole merits, (Hear, hear ) Tho motion for the second reading was then put and ngrced to, and the bill was ordered to bo committed to morrow. NATURALISATION ACT PEES BILL. This bill was read a second time, and ordered to bo committed to-morrow. JUSTICES PROTECTION" ACT AMENDMENT BILL. Mr FOX, in moving the second reading of this bill, said its object was expressed in a few words, namely, to give further protection to justices of the peace in the execution of their duty, lion members wero aware that what were called in England the great unpaid — the justices of the peace — were liabJo to great risks in connection with the performance of their duties, and even tho resident, magistrates were not paid in proportion to the risks they ran of being prosecuted. He could mention two recent cases in which, owing to technical errors on the part of the justices, they were mulcted by juries of their own countrymen in lnrgo sums. The bill did not relieve magistrates from liability for any wrongful act they may have committed, but enabled them to demand security for costs in cases which might be the means of their being harrassed by persons who, if tho action failed, would have no means of paying costs. It also provided that if tho error should bo only oi' a technical character, and that the plaintiff actually did commit tho offence, then no action should lie. It was only right that/ if the justices wero substantially correct in their decisions no action should lio against them. The hon member cited a case in which a magistrate had been forced into tho insolvent court through a verdict having been obtained against him, and it was to prevent such cases for tho future that tho act had been brought into the House. Mr GILLIES qnito agreed with the Premier, but would desire to point out that the bill would not do what tho Premier required. Tho fourth clause was from the Justices of the Peace Act, 18b'6. Ho would point out that lawyers had found a means of getting round that clause. Ho held that justices of the peace should be protected oven whe.n they exceeded their duty, -provided they were acting l>ona fide, and that, was where ho would like to see protection afforded. Mr T, L. SHEPHERD thought the bill would most injuriously affect tho poor man. It would call upon him to give security to the extent of £100 for the purpose of enabling him to bring an action against a magistrate for false imprisonment. Ho considered tho bill would act most harshly in that respect, and would like to see the amount of security reduced to £20 or £25, or even struck out altogether. Mr FOX thanked Mr Gillies for pointing out whab he considered a defect, and would be glad to have his assistance in committee. Tho bill was read a second time, and ordered to be committed to-motrow, NELSON LOAN BILL. Tho House then went into committee on tin's bill. On tho House resuming, tho Chairman reported the bill with amendments, 'ihe bill I was then read a. second time, and ordered to bo read a third time to-morrow. | CIIKISTCHI'KCK CITY BORROWING BILL. Mr HALL, in moving the second reading of this bill, said the expenditure of the city of Christchurch for the year ending November, 1800, was £7000, of which £5000 was raised from rates, and the expenditure for last year was £6700, of which nearly £1000 was raised entirely from rates, and it had boon found thnt the city had discharged its duties very satisfactorily. It did not requiro money for cither water or gas, but the increased population of tho city, and tho increase in the number of houses, had made tho question of sewerage a very importaut one indeed, and thnt if it were not taken in hand at once the question of tho removal of the liquid sewage must become a very serious one. At present it was taken through an open drain which was exceedingly offensive, and was absolutely injurious to tho health of tho inhabitants in the neighborhood ; so much so, that the residents had taken steps to prohibit tho city from any longer draining through that drain. Uy negotiation, a certain time had been allowed in which to complete arrangements to carry the drainago in another direction, and at the expiration ol that lime, by order of the court, this drain will bo absolutely stopped. The, manner in which tho drainage of tho city shall bo directed has occupied tho attention ol tho City Council for a considerable time past, and they have at last adopted a plan whic)) will involve the expenditure of £37,000, r lhat was a very largo sum of money, and was one which was obviously beyond the means of a corporation, and as it was ono in which posterity would largely sharo the ad vantages, he thought they should largely contribute. The present borrowing powors of tho city stand as follows : — They do not owe anything. They have carried on their operations without getting into debt. They are nutliorisccl by the Corporations Act to borrow five times lh<* amount of their hist year's rates, They "Svill be therefore authorised under that act to borrow £37,000 for permanent works, and undertaking other works of a necessary nature. That amount would not bo enough to carry out this system of sewerage, nor would it bo right to expend tho whole of their borrowing powers for that purpose. They therefore proposed to ruiso a special loan amounting to £30,000. Tho annual valuo of the rateablo property within the city is nearly £80,0( 0 ; therefore, hon. members would see that a shilling rate upon that annual assessment would raiso a sum absolutely sufficient to pay tho interest and sinking fund. He hoped, therefore, the House would be satisfied with the proposal. The way in which it was proposed to bo done was as follows : — Tho bill proposes to allow them to borrow £60,000 instead of £30,000, but as some objection had been offered to thia ho would bo willing to make alterations when in committee. He did not know that ho need trouble the House with any further remarks, but if there was uny information which ho hud not. given he would bo lmppy to afford it. Mr MACANJjRIiW wished to point out that by one of the clauses it was proposod thnt tho bill should come into operation on the Ist January, ]U7O. Ho did not see that there was any need for making the bill a retrospectivo one. [Mr Hall admitted that thero were many misprints in tho bill.] He had great pleasure in supporting the measure. Looking at the sanitary condition of Chrietchurch tho House would do well to give the bill every consideration, and grant tlio powers now asked. Ho believed that tho Bowago of

the cily wight bo utilized to a very grca extent. Mr JHTZITKHBEHT would give his sup port to tlio hill, but would take t'le oppor I unity of pointing out that under sub-sectioi 4 of the bill it \vii.-» proposed that the.-c debon hires should bo inudo payable in tho city o Melbourne. Ho hoped Llio hon gcntlenw would ooi s'dor Miat matlor. Ifc was dosirabh thai, these debentures should bo made payabh either in Now Zealand or in Australia. lit noticed that section 31 excluded from liability Uio ordinary revenue of tlio province of Can terbury, and also the rovenuo of tlio colony ; hut in t. lie second schedule, which is tlio schedule sotting out the form of the debenture, tlio invesfor would look to them for his security ; therefore anything in the body ol tho bill affecting the security ought to be expressed on the fiico of the debenture. The bill was then read a second time, and ordered to bo committed on Friday. WELLINGTON RECLAIMED LAND BILL. The Speaker having left tho chair the House went into committeo for tho further consideration of this bill. On the House resuming the Chairman repor od the bill with nm 'mlmonts, and it was ordered that tho amendments bo considered to-morrow. CI.IIKKST! IMMIGRATION. j\rr IIAUGJirON moved that tho question of Chinese immigration bo referred tothe Goldfields Committee, with the view of a report as to its probable effect uj)on tho goldGekU of this colony. The hon member otuted his willingness to withdraw the motion. Mr STEWARD said it appeared to him very undesirable that the Goldfields Committee should bo left to report upon a question of this nature. He did not think the Chinese more directly affected the goldfields than any other community, although many hon members brut expressed very strong views on the matter. It was ray well known Mint, many people wished that a poll tax should be imposed ; others proposed that (he miner's right should be increased to £20 Ho thought it would be very desirable that the report should come from some committee, not so exclusively connected with the gMdfields; in fact, the hon member who introduced the motion seemed himself to be desirous that it should be referred to a special committee. It was a very wide question, and a matter for very great inquiry. He did not intend to go into the pros and cons ; but sufficient reasons had already been given to show that it was a matter which required very careful attention, and that that attention would bo given by the committee ho proposed to appoint. He would move as an amendment to tho motion that tho matter be referred to a select connriitt.ee. Mr R.KYNOLD3 was sorry the hon. gentlemen did not give notice of his intention to bring up such an amendment. Tho whole matter was a, question ofpoliey, and had nothing whatever to do with tho gokUieids. We hud no right to debar any foreigners from coining to this colony any more than we should like to be debarred from settling in any portion of the world. Ho would like- tho House to come to some decision in tho matter, and if it was desired that any restrictions should bo imposed on tho Chinese, let it bo done by the House and not by a committee. Mr GISBORNE said the adoption of the resolution would not prevent tho House discussing tho qucstio7i when tho report was brought up. It was usual to remit tlio question to a select committee ; then the whole question was considered by the House and n full discussion upon it might take place. At present a. discussion by tho House would be premufuro. Ho thought it would be the usunl course to appoint a select committee ; then, when the committee had taken evidorc ■ and come to an opinion, they would submit it for the information of tho House. Mr REYNOLDS said it would involve considerable expenditure if witnesses were to be called for from those parts of the colony where the petitions against Chineso emigrants came from. The amendment was argecd to. Tin-: EDUCATION HILL. Mr FOX in moving for leave to introduce a bill to make belter provision for education in New Zealand, said, ho desired on this occasion to avoid uny discussion of principles of the bill or its details. As hon members had had the bill since. Saturday he thought they would bo prepared to read it a second time on Thursday next, lie thought he was not asking too much of hon members by requesting them to give their r-aniest attention to a question which was likely to give room for a large amount of discussion. He therefore deprecated any discussion on the present occasion, und ii' it was in conformity v.-ith the wishes of the House he would propose Thursday next as tho day for the second reading. Mr MERVYN would suggest the postponement of the consideration of tho measure until such time as the country should have an opportunity of understanding its provisions. He knew that very great interest was evinced in this measure, and that pnr-fc of the district from which he come, had expressed a desire to be made aware of its contents. He thought they should have an opportunity of discussing its provisions. Mr STAFFORD, recognising the objection raised by the hon member lor Mount Ida, really thought it would facilitate the discussion by tho people of the country as well as of the House if they postponed the second reading. There was no doubt that a large amount of discussion would likely take place in committee. He felt sure that (hero wag a general concurrence in the direction in which this bill proceeded, but lie felt sure that if the bill was to be subjected to discussion and debate that a fair time should he, given to (heppoplo of the country in which to exprers their opinion, and that tho third reading should be postponed so as to allow a fair interval to elapse. He would be happy to support the proposition that the second reading of the bill bo postponed till Thursday next and would follow tho example of not going into a discussion of its principles that. day. Mr THOMSON thought it right that school committees should havo something to say on this matter. He did not agree with the proposal to read the bill a second time on Thursday, and thought the debate might bo adjourned fora fortnight, Thero would then bo an opportunity of discussing tho measure. He must say that ho fully expected that tho Premier would have- been prepared to onter somewhat fully into tho merits of fcho bill. Mr HALL trusted tho House would support tho motion of tho hon. member fchnt the bill ho read a second time on Thursday next. lie did not think that they should requiro tho assent of school committees, or thai they should refer tho question to anybody, whether they should pu63 an education bill or not. He hoped the hon. member would be prepared on Thursday next to dibcuss the bill without, sending it to the constituencies. Mr MACANDREW said it was very clear that if they were to wait until their constituents expressed their opinions upon it, they had bettor abandon it altogether, because they might, have to wait for six months before they would bo ablo to got the opinions of all the school committees in tho country. Mr STEWARD thought tho House was too much in tho habit of postponing largo measures from session to session on the ground that, they were not prepared to deal with them. Ho thought 1.1 i i r spirit of procrastination was a very undesirable one. Tho mind of tho country was already made up on the question of the Education 'fill, and that its cardinal points met the approval of tho House. With regard to tho minor details, lie thought tho bill should bo sent to all tho schoolmasters in the country. Ho thought it would bo desirable, instead of being left to the representatives of constituencies, if the Government would have v, number of copies struck off and have them sent to the schoolmasters throughout the count ry. Mr MURRAY thought they should proceed with tho discussion of tho bill at as early a dale as possible, although it was desirable that they should got amendments from all pnvts of tho country.

t Mr GTSBORNE thought it was best thai tho second reading should take pluee at un i- early day and that there should be an interval '. to consider amendments. There was no n doubt that limo should bo allowed in order to obtain tho opinion of the different parts of f tho count i'3 r . With reference to tho circulai tien of tho bill, the Government would have 0 ii number of copies struck off and would fori> ward them to tho different school committees a throughout the country. r After a fow remarks from Mr Fox, the mo- . tioti for tho first; roading wa3 agreed to. : pktition or o. m. stark ky. 1 Mr BRADsiHAW morud that the petition of George M. Starkey and others, relative, to j water supply voto, be referred to the Gold f- Fields Committee, in accordance with the ro- . commendation contained in tho report of the Public Petitions Committee. Tho motion | was agreed to. PUBLIC FINANCES. Mr THOMSON moved that as, in the Paper ; on Finance for tho year 1870, tho interest and • sinking fund are set down in one place at £<i' 79,761 7s sd, and " the interest and sinking fund on public debts, with commission on ; paymont, and premium on remittances," are set down in another place at £G96,311 19s lid, a return be laid on the table showing the items " for commission on payment, and premium on remittances," amounting to tho , difference between these two sums, or , £216,550 12s 6d. Mr VOGKL said the hon member had certainly called attention to an ambiguity, throuuh a not sufficiently clear description of the different items to which he had referrod, but a return had been published which fully ' explained the whole matter. EDUCATIONAL ttB&EHVES IN OTAOO. Mr MACANDREW moved for leavo to introduce a bill intituled " An Act to release certain lands in tho P/ovinco of Otngo, heretofore reserved from sole, and set aside forjand appropriated for educational purposes, from tho reserves affecting tho same." Ho said it was a shame to have to ask leavo to introduce this bill, it was such a purely domestic measure. These reserves were not wanted, and (ho Provincial Council had asked him to introduce a bill to allow them to transpose these reserves. Leavo was given, and tho second reading appointed for Friday. LAND FOlt SI'KCIAL SETTLEMENT IN OTAGO. Mr MACANDREW moved for leavo to introduce a bill intituled an act to enablo tho Superintendent of the Province of Otago to set apart additional lands for special settlements for colonisation in tho said province. Tho object of tho bill was to enable tho Provincial Council to set asido lands for special settlements in certain parts of tho Provinoe. With reference to Stewart's Island, it was proposed to bring it under the operation of tho Otago Settlements Act of 18G8, also 160,000 acres on tho Wa ; !uiva River, tie might eixy that the Provincial Council had unanimously agreed to request him to apply for the necessary power. Leavo was given, and the bill was ordered to be road a second timo ou Tuesday next. NELSON GAS BILL. Mr CURTIS moved that tho Nelson Gas Bill bo referred to a select committee, to consist of Mr Farnall, Mr Hunter, Mr E, Richardson, Mr J. Shephard, and tho mover. The motion was agreed to, tho two latter names being omitted. PETITION OF AUCKLAND ttEKCIUNTS. Mr SWANSON moved that this House will, to-morrow, resolve itself into a committee to consider of an addross to Ilia Excellency the Govern; r, requesting him to cause to be placed on tho estimates such a sum as will give, effect to the recommendation of the public petitions committee in the case of Mr Stannus Jonos and fifteen other merchants. Tho motion was agreed to. I'VIHjIO ACCOUNTS COMMITTEE. Mr FITZIUCRBERT moved that tho committco on public accounts bo constituted a parliamentary committee. The motion was agreed to. Notices of motion having been given, the House adjourned at. twenty-fivo minutes to six until next day at hulf-past two. There is ouly one stimulenb that never fails, and yet never intoxicates — duty. Duty puts a blue sky over every man — up to his heart may be — into which the skylark, happiness, always goes singing. A fashionable iunmnia'3 advice to a married daughter : ' Never take your husband to an evening party ; there is nothing that is always so much in the way.' Krc had simc advantages that no other married woman over enjoyed, chief among which was the fact thai her husband could never lacerate her heart by telling ' how his mother used to cook.'