HOUSE OF REPRESENTATIVES.

Wellington Independent, Volume XXVI, Issue 3311, 5 October 1871, Page 2

HOUSE OF REPRESENTATIVES.

Wednesday, Ootobeb 4. The Speaker took the chair at half- past two o'olook. AUCKLAND GAS BILL. The amendments .made Jby_ .the. Legislative Council in this bill were agreed to. PETITIONS. Mr PARKER presented a petition from the inhabitants of Waimate, Canterbury, in favor of a Permissive Bill. Mr W. Kellly presented a petition from the Roman Catholics of Poverty Bay with reference to Education. TEE MANAWATO. Mr COLLINS, without notice, wished to ask the Government whether it was true that the survey of the Manawatu block had been stopped by the Natives of the district. Mr FOX said the question was one on which he would prefer to have the ordinary notice from the hon member. PETITIONS COMMUTES. The report of the committee on the petition of Mr John Martin was brought up. In anawor to the prayor of the petition, in which claim was made of about £2,600 in excess of the contract price, the committee reported that they were of opinion, from the evidence adduced before them, that Mr Martin had no claim against the Government, but rewni* mended that they should not object to bo Bued in the {Supreme Court if Mr Martin should^ think fit to take the case there, that being OBgyE of his grounds of complaint — that he was pr>^ eluded from doing so. COUfIT OF APPEAL. Mr GILLIES asked whether the Government intend to take any steps this session towards relieving the colony of the expense of the Court of Appeal, or towards rendering tbut oourt more accessible to suitors in the Supreme Court ? The mover said the cost of the court formed a very heavy item, and its benefits of course were supposed to extend over the whole colony, but the northern part of the island received no benefit from it, only one case from that part having been heard ' before that court. It had the further disadvantage of taking away from his duties the judge of northern district. He wished to know if the Government intended to take any steps to make the Court of Appeal more available to the northern part of the colony. Mr FOX said at that late period of the session it was not possible to take the aotion suggested. The Government was well aware of the shortcomings, if he might call them so, of that court, and of the little advantage do* rived from it. The Government would give the matter its consideration during the recese, with? the view of making the Court of Appeal more useful to the colony. THE BBOGDEIT CONTRACT. Mr BTAFFORD asked the Minister for Public Works when, and in what shape, the question of entertaining or not either of the proposals of the Messrs Brogden, for con* structing railways in New Zealand, will be submitted for the decision of the House f Mr Stafford explained that he had called the documents " proposals " because he was aware of no right by which they had been called "contracts." MrGISBORNE was surprised that the hon member should have used terms in regard to the contraots which would be liable to cause discontent or dissatisfaction. The proposals, or contracts, were documents by one or other of which the Government were bound. Under any circumstances it would be advisable to await the arrival of the next mail, by wbiich time it is expected Mr Brogden himself will arrive in the colony. He thought the shape in which the contraot to bo recommended should be submitted to the Housp, would be in the form of a clause in the Bail* way Bill to be brought down by the Govern* ment. He might mention that tho Governs ment had under consideration the subject of making payments by cash instead of by qua« rantees of land. (Hear, hear.) THE MODELS. Mr M'GLASHAN asked the Colonial Secretary if the valuable collection of books, specifications, and models of the Patent Office, London, presented to the colony gratis, are to be toon made available for perusal and study of tho public, by placing them in a suitable building in Wellington, and if not, whether the Government would allow of them being deposit* ed is the charge of the curators in the library or museum of the Otago University, Duuedin? In moving the motion the hon member stated that about twelve months ago he had ocoasion to make reference to some of the specifications referred to, and wrote to Dr Hector, thinking that ha could forward some information on the subject for which he required it. The reply he received was that the patents wore lying somewhere, he could not say where. It seemed to him to be important that the models should be shown in some Buituble place, and that was why he had placed his motion on the paper. Mr GISBORNE said the question had hitherto been one of expense, but as the Go* vernmeut buildings had been increased, and they had now more room, the Government would consider if there could not be some means provided for the collection, so that it could be open for inspection. LEAVE OP ABSENCE. Leave was granted to Mr R. H. Bhodes for a fortnight. LUNATIC ASYLUMS. Mr ANDREW, for Mr Hall, moved that the name of Mr Rolleston be added to the committee on Lunatic Asylums. Agreed. GOVBBNMENT SCHOOLS. Mr INGLIS, for Captain Kenny, moved that a return bo laid npon the table showing' the amoant raised in the various provinces by rates, rents, school fees, or otherwise, and devoted to the purposes of Education in the Government schools. Mr EYES explained that the object of Captain Kenny in moving for the return was to correct a statement, made by the Premier when speaking on the Education Bill, that the province of Maryborough had spent only £40 on education during the last year. Inquiry would prove that that province had spent more than any. other province in proportion to its population. The motion was agreed to. MB J. P. MAOFABLANE. Mr W. KELLY moved that all correnpon* ence relative to the resignation of his appointment by Mr J. S. M.acfarlane as a Justice of the Peace be laid on the table. Agreed to. TBEASUBY BILLS Mr YOGEL moved that tho House do, tomorrow, resolve itself into a committee of the j whole to consider of giving leave to iutroduce a bill entitled an Act to Provide for a Deficiency of £90,000, by the issue of Troasury Bills, repayable over the two next financial years. Agreed to. BANCO fJITTINGS. Mr GILLIES movod for a return of the cases decided in the Supreme Court in Banco during the last three years, showing dates of argument and decision respectively, which was agreed to. MOTUEKA ELECTION COMMITTEE. Mr BUNNY moved that the proceedings of the Motueka Election Committee, and the evidence taken, be printed. Agreed to. PETITION OF TAMIHANA. Mr WAKEFIELD moved that 'so soon as tho petition of Tamihana Te Rauparaha and others, presented and received on the 26th, shall have been translated, printed, and in the hands of members, it shall* *s complaining of present personal grievances for whioltf there is an urgent necessity for providing jjymmo* diate remedy, be considered by thTTSRHJ#f?i/ Agreed to. DUNEDIN OEMETBBT BILL. Mr MAOANDREW moved that the petition of 1300 citizens of Dunedin be referred to the Private Bills Committee, with an instruction that they do reconsider their deoi« aion on the North Dunedin Cemetery Bill, Agreed to. LOAN FOB WELLINGTON. Mr FITZHBRBERT moved that the House resolve itself into a committee of the whole s I to-morrow, to consider of giving leave tointro«

duce a bill authorising a loan of £100,000 to the province of Wellington. Agreed to. CABE OF JOHN KELLY. Mr CREIGHTON moved that this House will, to-morrow, resolve itself into a committee of the whole, to consider an address to his Excellency the Governor, requesting him to cause the necessary steps to bo taken to give effect to tho recommendations of the Public Petitions Committee in the ca3e of John Kelly. Agreed to. DEFENCE COMSIITTEE. Mr M'LEAN moved that the committee appointed by tho House, on Thursday, 21st September, to consider and report upon tho general defences of the colony, be constituted a secret committee. Agreed to. PKOVINCIAL LANDS. Mr O'RORKE moved that tho return laid on the table, on the 23rd August, showing tho area oi the several provinces, and the number of acres disposed of since 1856, and the number of acres remaining for disposal, be printed. Agreed to. HOROWnENUA LAND DISPUTE. Mr GILLIES moved for all correspondence concerning tho disputed land claim at Horowhenua, including reports by Major Edwards and Mr MT. Glar&e. Agreed to. MONEY PAID TO NATIVE TRIBES. Mr GILLIES moved for a return of all sums of money paid to any persons of any of the Ngatiapa, Rangitane, Wanganui, Muau- ' poko, and other similar tribes, since the last day of June, 1871. Agreed to. — . FIEST READINGS. The following bills were read a first time : — A bill t® amend the Law for regulating the gale of Malt and Spirituous Liquors in tho County of Westland, which was ordered to be read a Becond tirce that day fortnight ; a Bill intituled an Act to amend the Law relating to the Qualification of Electors and Members of tho House of Representatives, a Bill intituled An Act to make provision for Licensing Sharebrokers ; a Bill intituled An Act to amend the Law relating to the Filing of certain Instruments in the Supreme Court Offices in the Province of Otago, and for Other Purposes, and a Bill intitutled An Act to amend The Municipal Corporations Act, 1867, and The Municipal Corporations Act Amendment Act, 1868, which wore ordered to be read a second time on Friday j a Bill for regulating the Sale and Disposal of Alcoholic Liquors in this Colony, and a Bill to repeal the Attorney-General's Act, 1866, which were j ordered to be read a second time next sitting day ; Bills entitled An Act respecting the Government of Provinces, An Act to Transfer to the Governor in certain events the powers conferred on Superintendents, An Act to Repeal the Payments to Provinces Act, 1870, and to make other provieions in lieu thereof, and An Act entitled tho Public Trust Office Act, wore .ordered to be read a second time on Tuesday ; a Bill to amend The Building and Land Societies Act, 1866, which was ordered to be read a second time on Friday ; a Bill to amend the Law Practitioners Act, 1866, and a Bill to confer upon the Harbour Board of A ucklaud Borrowing Powers, which were ordered to be read a second time on Wednesday next ; a bill to amend the Gold Duties Act, 1870, and for other Purposes, which was ordered to be read a second time next sitting day ; a Bill entitled An Act to provide for the Establishment and Management of Gold Mining Districts, and a Bill entitled An Act to provide for Enforcing Contribution towards tho cost of Draining Gold Mines by the owners of adjacent mines, which were ordered to be read a second time on Tuesday next. THE CIVIL SEEVICE. The debate was resumed on the question, that, in the opinion of the House, the existing acts so far as they conferred pensions and retiring allowances upon officers in tho Civil Service of the colony should be repealed, and that provision should be mado for the vested inteiests that have accrued under thoso acts by an abatement of 2J per cent from the salaries of all officers who are in a position to become entitled to a pension or retiring allowance under those acts, provided always that every officer who voluntarily gives up all claim to pension or retiring allowance shall be paid his salary without abatement. Mr CREIGHTON said he could not agree with the latter part of the motion, which ho thought should be omitted. He thought with such an omission the motion would be acceptable to tho Government. He would move as an amendment, " That in the opinion of the House existing acts, so far as they conferred pensions and retiring allowances upon officers of the civil service of the colony should be repealed, and that provision should be made for the vested interests whioh have accrued under those acts, and that the Government be requested to bring in a bill this session to give effect to the resolution." Mr ROLLESTON, as an old member of the Civil Service, was sorry to hear tho feeling that had been evinced by the House, and was also surprised that the Government had not made a strong resentment to such a motion. He looked upon suoh a procedure as tho worst species of economy. Mr. FOX repudiated the charge against the Government. Two of his colleagues had spoken strongly in defence of tho service. While he disagreed with the hon member in that respect, he wholly agreed with him in deprecuting the tone adopted by some members of the House, who, by an attempt to make the civil servants appear a mean and cehtemptiblo lot, thought to'pass the resolution. Mr. STAFFORD pointed out that while in office he had taken care to institute a systematic method of appointments, which ho found bad not been observed 'by the present Government-. In fact, he found that the offices at the disposal of the Government were being given to the near relatives of members of the Houeewbo were being put into positions, bb political reward, while there was a very considerable number of young men who had passed competitive examinations, and who were justly in expectation of receiving appointments, whose claims were entirely disregarded. A groat deal of dissatisfaction bad been expressed to him by persons whose sons had passed these examinations and had certificates of competency, snd yet were not called upon to fill those offices to which they justly claimed to have some degree of right. Those members who objected to the growing expense complained with some reason. They saw that the bill in existence was not being used ; that its provisions were not being observed j thab there was no system of classification ; andthat the appointments maderecently were made not under any Bystem or order, or under any of the rules required by the act, but merely by caprice. Mr Fitzhebbeet, Mr Gisboene, and Mr M'Lean spoke in defence of the civil service and its officers, while Mr Shepherd made a really good speech against tho system of pensions. Mr GISBORNE having made a statement of tho intentions of the Government and their willingness to accept tho amendment, Mr Wood replied. The amendment of Mr Creighton was then put and agreed to. GOLD DUTY IN HIGHWAY DISTRICTS. ■Mr SHEPHERD moved that a bill be introduced during the present session of Parliament to provide that where road districts are established on the gold fields under The Highways Act, 1871, or under Provincial Ordinances in operation in the various provinces and county of Westland, tho gold duty accruing therein shall be granted to the boards of such road 'districts &b a subsidy towards \the construction and maintenance ot roads, bridges within the same, such bill ■Trot 1 to apply to native lands. The question was being debated when the dinner hour arrived. Tho discussion waa postponed THE NORTH OF AUCKLAND. The debate in committee was resumed on the question that an address bo presented to his Excellency the Governor, praying him to recommend for appropriation by this House a Bum of £100,000, to be expended at the rate of not less than £20,000 in any one year, in opening up the electoral districts of Mongonui and Bay of Islands, Mareden, Bodney, and.

Waitemata, and connecting the scattered settlements in those districts, by means of roads and bridges, with the city of Auckland. Mr FARNALL spoke to the motion, mentioning tho fact that the debate had been adjourned to give the Colonial Secretary an opportunity of showing in his statement how he proposed to deal with the works in the district. In that statement he (Mr Farnall) had been quite disappointed. Mr GISBORNE, after explaining the works policy of the Government, which he said had been framed on votes of House, from which it was not in his power to diverge, requested the hon member to withdraw his motion. Mr O'NEILL wished to know distinctly how much tho Government proposed to spend in the district. Mr GISBORNE said there was the £10,000 a year, for four years, which of course, would amount to £40,000 ; the construction of the Kaipara railway, £35,000; to bo spent by tho province' £25,000, on condition that; the Government took ovor the railway. That amounted to £100,000, besides any money which might be spent in the district under the public works and emigration scheme, in the settlement of immigrants and the acquisition of land. Mr. FARNALL eaid the Minister of Works had promised them railways in the future, and settlements of immigrants in tho future, neither of which they wanted at all. What they did want was a road to the Forth of Auckland, of which the proposals of the Government said nothing whatever. Mr. M'LEOD hoped the Government were not going to leave the district to the mercy of the Provincial authorities ; they had been experiencing what that meant for the last seventeen years. If the Government themselves did not attend to the wants of the dis trict, there would be but one courso open to the residents — to leave the district for other countries. He could only consent to accede to the proposal of the Minister for Public Works on condition that £25,000 was spent on roads in the district, come from where it might. KATENE thought a vote of £40,000 not nearly sufficient for the requirements of the district. The hon member pointed out what those requirements were, and in what portions, and in what manner, the money should be spent. Mr SWANSON thought the Government should at once accept the suggestions of the members who had spoken. He would call to the recollection of the Government the fact that the Maoris, years ago, asked tho Europeans to come and dig the gold from Corolnandel, and in every way wished to further the settlement of the district by offering jfacilities to the Europeans, and if tho wishes of tho natives in the neighborhood of the Ohinemuri had been consulted there never would have been any of those disputes about the opening of the roads and the telegraph, about which there was now so much trouble. Mr D. M'LEAN said the hon member had spoken as if the Government opposed the motion 5 the fact really was that they favored it, and wore at one with the mover. Mr GILLIES complained that the Government had never given any official intimution j of their intentions with regard to the works to be undertaken in the province. He did not agree with, nor had he ever assented to, any proposal to spend the money in any manner the Government chose to dictate. The Go- , vernment had not dictated any terms as to the way in which the money for the purchase of the Canterbury railways should be spent, and why should they arrogate to themselves tho j right to say in what way the money for the purchase of tho Kaipara railway should be spent. Tho Government could not expect any Provincial Government to stand that. Mr YOGEL suggested tho withdrawal of the motion. Mr WILLIAMSON suggested that the Chairman should report progress. The motion was agreed to, leave being given to Bib again on Wednesday next. OAMABU DOCK TRUST BILL. This bill was read a second time, no opposition being offered, and was ordered to be committed to-morrow. LAW OF LIBEL AMENDMENT BILL. Mr STEWART, on moving the second reading of this bill, said ib proposed to confer no further privileges than those conferred by the laws of England and America. The hon. member went through the olauses seriatim, referring, in passing, to a case which occurred in Otago five years ago, where certain statements were made with regard to the conviction of a schoolmaster which were absolutely true in fact, but whore an action was entered against the "Daily Timos," and damages obtained, because that paper had published the proceedings of the Education Board of the province, in which occurrod the circumstances of the dismissal of that person. There was no doubt whatever that the report was absolutely true and without malice, and that it was for the public interest that the proceedings should be published ; but not- I withstanding the newspaper was cast in damages. He would submit that any public body, . consisting of responsible officers appointed by the Government directly or indirectly, should be liable to the scrutiny of the public ! through their representatives, the press; it was necessary that the proceeding of such bodies should be laid befure the public correctly and without coloring, co that if any officer r"isconducted himself it should be known to them, and not that the mantle of secrecy should be thrown over any proceedings of an improper nature. In tho case of electoral meetings, the bill expressly stated that in reports of those meetings the newspaper shall be bound to show that; what it published was necessary to the public interest. If members were prepared to show that slander was necessary to the publio interest, they must vote against the bill, bub if not they must vote for it. He would say this, that although there were papers in the colony which did not deserve to rank as respectable newspapers, yet, notwithstanding, the press of New Zealand would compare favorably with any press in the world. Mr SHEPHERD opposed the bill, although ho recognised the fact that there wore newspapers in the colony, and porsons connected with them, who were deserving of all respect, and were highly valuable as exponents and advocates of the public good ; but, on the other hand, there was a class of writers connected with the newspapers of the colony, who seemed to dip their pens in gall, for the circulation of most scandalous falsehoods and the perpetration of libels. He would vote against the bill for the latter reason. Mr HARRISON said the timos were greatly changed since the introduction of the bill by the present Colonial Treasurer. He, as an old member of the profession, thought the protection given by this bill was not at all required. He thought there was a great difference between liberty and license. The newspaper press of New Zealand enjoyed sufficient liberty, being well protected by existing laws against vexatious prosecution. The restrictions of the present libel law were not too restrictive for any honest journalist. Ho would bo sorry to see tho present bill pass; it was inconsistent itself in some of i!s clauses. Mr CURTIS agreed with the general principles oi tho bill, and would vote for the second reading. Mr BRANDON thought tho passing of tho bill would be opening the door to tho grossest of abuses. Xho present bill not only provided that newspapers might publish election proceedings where the most rancorous assertions were sometimes made, but that they should have liberty to comment upon those proceedings. It would bo placing in their hands a very undesirable power. In other respects he saw no difference between this bill and the preaont law. Mr Brandon read the opinion of an English judge, setting forth all the liberties required by an bonost press. Ho need nob go far for exemplification of tho abusos of which he complained. Members themselves must have seen, sinco they had boon in Wellington, with what unfairness and injustice tho members of tho House had been criticised.

(Hear, hear.) There was another class oi newspapers, Bimilar to the dirty, low, vulgai press of England, which pandered to the vitiated tnstes of the worst classes of the community, which it would be highly desirable to keep in check. The House would have to be very careful before it passed a bill like the present or they would institute a system which would bo regretted in after time. He would movo that the bill be read a second time that day six months. Mr TRIBE thought there was an entire misapprehension of the object of the bill. Tho question was this : was it desirable that the press should give true reports of public meetings. If so, all the bill provided was that newspapers should gi*e such reports, which of course would be subject to the jurisdiction of the courts as to whether they were substantially true, and if they were he did not see why the press should Buffer for making a truthful reflex of statements made in public. Mr REID said there were many serious objections to the bill. In referring to the Otago case, he thought tho casting in damages of the " Otago Daily Titties" was perfectly justifiable. He considered that if statements of a genuine character were made under a feeling of excitement, at road boards, for instance, where the action of an onginoer or other professional man might be brought under discussion, and statements of a just nature were made, it was not right that they should go forth to the world through the newspapers, when otherwise they might never have become public. He would opposo the bill. Mr WHITE was in a difficulty whether to support the bill or not. Ho certainly thought the press enjoyed sufficient liberty at present. His attention had been called to remarks made in the " Hawke's Bay Herald," which were of a character sufficient to prove that ifc would be very dangerous to grant further liberties to persons who so little knew whafc were the proper duties of a person occupying a position connected with the press of the colony. If the mover of the present measure would bring in a bill to legalise tho horsewhipping of auch rascals as the person of whom he had spoken, he would support the bill; but, in the absence of such a measure, he must oppose the one before tho House. The amendment of Mr Brandoa was put and agreed to. The House adjourned at a quarter to 1.