REPORTS OF PUBLIC PETITIONS COMMITTEE.

Appendix to the Journals of the House of Representatives, 1879 Session I, I-03

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1879. NEW ZEALAND.

REPORTS OF PUBLIC PETITIONS COMMITTEE.

Presented to the House of Representatives, Session 1879, No. 1, and ordered to be printed. INDEX. A. PETITION. page Alexander, Thomas, and Others ... ... ... ... ... ... ... ... ... 3 Anderson, G., and Others ... ... ... ... ... ... ... ... ... ... 2 Arch Hill and other Highway Boards ... ... ... ... ... ... ... ... 2 Auckland, G-. W. Hislop and Others, of ... ... ... ... ... ... ... ... 1 Auckland, W. Colbecke and Others, of ... ... ... ... ... ... ... ... 2 Auckland, W. Elias and Others, Settlers North of ... ... ... ... ... ... ... 3 B. Baillie, William, and Others, of Okato ... ... ... ... ... ... ... ... 1 Beadon, Captain (No. 1) ... ... ... ... ... ... ... ... ... ... 2 Beadon, Captain (No. 2) ... ... ... ... ... ... ... ... ... ... 2 Belcher, Eichard ... ... ... ... ... ... ... ... ... ... ... 4 Birch, George, and Others ... ... ... ... ... ... ... ... ... ... 3 Borough Council of Onehunga ... ... ... ... ... ... ... ... ... 3 Borrie, Mrs., and Others ... ... ... ... ... ... ... ... ... ... 3 Boyhan, Bernard ... ... ... ... ... ... ... ... ... ... 2 Brennan, Patrick, and Others (1878) ... ... ... ... ... ... ... ... 3 c. Cameron, James, and Others ... ... ... ... ... ... ... ... ... 3 Campbell, J. H. ... ... ... ... ... ... ... ... ... ... ... 3 Catholics of Dunedin ... ... ... ... ... ... ... ... ... ... 1 Christie, William, and Others ... ... ... ... ... ... ... ... ... 3 Clark, Alexander ... ... ... ... ... ... ... ... ... ... ... 4 Colbecke, W., and Others, of Auckland ... ... ... ... ... ... ... ... 2 D. Dransfield, J., and Others, of Wellington ... ... ... ... ... ... ... ... 1 Dunedin, Catholic Bishop of, and Others ... ... ... ... ... ... ... ... 1 E. Elias, William, and other Settlers North of Auckland ... ... ... ... ... ... ... 3 P. Feltus, Eichard James Finlayson, A. M., and Others ... ... ... ... ... ... ... ••• ■•• 3 Fraser, Catherine ... ... ... ... ... ... ... ... ... ■•• ■•• 4 a. Garrick, William ... ... ... ... ... ... ... ... ... ... ... 1 H. Heaney, Eobert, and Others ... ... ... ... ... ... ••• ••• ••• 3 Herapath, Philip, and Others ... ... ... ... ... ... ... ••• ••• 2 Hislop, G. W., and Others, of Auckland Hooper, W. H., and Others... Hume, James, and Others ... ... ... ... ... ... ... ••• ••• ■•• 3 J. Jems, George (No. 1) ... ... ... ... ... ... ••• •■• ••• ••■ 4 Johnstone, J. C. ... ... ... ... ... ... ... ... ••■ ■■■ ■•• "

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K. Karangahape and other Highway Boards ... ... ... ... ... ... ... ... 2 Kaukapakapa, B. Sinclair and other Settlers of ... ... ... ... ... ... ... 2 L. Lee, Edwin ... ... ... ... ... ... ... ... ... ... ... 1 Liffiton, Edward Nolloth ... ... ... ... ... ... ... ... ... ... 3 M. Mack, Charles ... ... ... ... ... ... ... ... ... ... ... 2 McDonald, John, and Others ... ... ... ... ... ... ltt 2 McLean, Malcolm, and Others ... ... ... ... ... ... ... ... ... 3 N. Naughton, William... ... ... ... ... ... ... ... . . 4 Newton and other Highway Boards ... ... ... ... ... ... ... 2 0. O'Donovan, Eickard ... ... ... ... ... ... ... 5 Okato, W. Bayly and other Settlers of ... ... ... ... ... ... ... ". 1 Onehunga Borough Council ... ... ... ... ... ... ... ... ... 3 P. Phillips, Samuel ... ... ... ... ... ... ... ... ... ... 4 Porteous, John, and Others ... ... ... ... ... ... ... ... ... ... 3 E. Kenton, William, and Others ... ... ... ... ... ... ... ... ... 3 Boman Catholic Bishop and Others, of Dunedin ... ... ... ... ... ... ... 1 S. Searancke, William Nicholas ... ... ... ... ... ... ... ... ... 4 Sinclair, Eobert, and other Settlers of Kaukapakapa ... ... ... ... ... ... ... 2 Smith, Alexander... ... ... ... ... ... ... ... ... ... ... 5 Smith, George ... ... ... ... ... ... ... ... ... ... ... 3 Stevens, Andrew, and Others ... ~. ... ... ... ... ... ... ... 2 T. Todd, Alexander 8., and Others ... ... ... ... ... ... ... ... ... 3 w. Wallis, Joseph Coates ... ... ... ... ... ... ... ... ... ... 3 Wellington, J. Dransfield and Others of ... ... ... ... ... ... ... ... 1 Wendel, Israel ... ... ... ... ... ... ... ... ... ... ... 1

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1879. NEW ZEALAND.

No. 6. —The Roman Catholic Bishop and Others, of Dunedin. The petitioners pray that such alterations be made by the Legislature in the national system of education so that without impairing the efficiency of public education it may meet their conscientious views, and do them justice. I am directed to report that, the subject-matter of this petition being a question of public policy, the Committee do not consider it necessary to offer any opinion to the House. 24th July, 1879.

Nos. 3 and 7. —J. Dransfield and Others, of Wellington, and G. W. Hislop and Others, of Auckland. The petitioners pray, in each case, that certain restrictions may be placed by law upon the immigration of Chinese into the colony. I am directed to report that, a Bill having been brought in by the Government dealing with the question referred to by the petitioners, the Committee do not deem it necessary to offer any opinion to the House. 24th July, 1879.

No. 1. —William Baillie and other Settlers of Okato. The petitioners pray that the Maori prisoners who have been arrested for ploughing may be kept in safe custody until the present Native difficulty is over. I am directed to report that the Committee is of opinion that this is a question of public policy, on which the Committee do not consider it necessary to offer an opinion to the House, it being a matter for the Executive to deal with. 29th July, 1879.

No. 4. —Israel Wendel. The petitioner prays for an alteration of the licensing fees for the sale of spirituous and fermented liquors. I am directed to report that, as a Licensing Bill is now before the House, the Committee has no recommendation to make in the petitioner's case. 29th July, 1879.

No. 16.—Edwin Lee. The petitioner prays for compensation for loss of employment in the Militia and Voluntee r Office in the Provincial District of Auckland. I am directed to report that the Committee has no recommendation to make to the House iv tho petitioner's case. 29th July, 1879.

No. 38.—William Garrick. The petitioner prays for consideration for injuries sustained while employed on active service with the Ist Battalion of Auckland Militia at Otahuhu. I am directed to report that, the Government having given effect to the recommendation of the Committee made last session by making local inquiry and awarding compensation, the Committee do not deem it necessary to make any further recommendation to the House in the case of the petitioner. 29th July, 1879.

REPORTS OF PUBLIC PETITIONS COMMITTEE, (MB. T. KELLY, CHAIRMAN.)

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No. 44. —Richard James Feltus. The petitioner prays for compensation for loss alleged to have been sustained by him when acting as creditors' trustee in the estate of the late John George Petingale. I am directed to report that the Committee has no recommendation to make to the House in the case of the petitioner. 29th July, 1879.

Nos. 42 and 52.—Andrew Stevens and Others, and George Anderson and Others. The petitioners pray, in each case, that the reading of the Bible may he practised in the State schools established under the Education Act. I am directed to report that, the subject-matter of the petition being one of public policy, the Committee do not deem it necessary to offer any opinion to the House. 29th July, 1879.

No. 50.—John McDonald and Others. The petitioners pray that certain restrictions may he placed by law upon the immigration of Chiuese into the colony. I am directed to report that, a Bill having been brought in by the Government dealing with the question referred to by the petitioners, the Committee do not deem it necessary to offer any opinion to the House. 29th July, 1879.

No. 11. —W. Colbecke and Others, of Auckland. The petitioners pray for the construction of a trunk line of railway north of Auckland. I am directed to report that the Committee is of opinion that this petition should be referred to the Government for consideration. 29th July, 1879.

Nos. 27 and 46. —Captain Beadon, R.N.—No. 1; and Captain Beadon, R.N.—No. 2. The petitioner prays that "The Land Claims Act, 1878," may be amended, and that an Act may be passed enabling the Government to refer the petitioner's case to arbitration. I am directed to report that, the Committee having fully inquired into the petitioner's case during the session of 1875, and reported its opinion to the House, has no further recommendation to make. 30th July, 1879.

No. 39. —Charles Mack. The petitioner prays for redress for injury sustained in consequence of an alleged unlawful conviction for smuggling. I am directed to report that the Committee has no recommendation to make to the House iv the petitioner's case. 30th July, 1879.

No. 45. —Bernard Boyham. The petitioner prays for a grant of land, under the land regulations, as a discharged soldier. 1 am directed to report that the Committee, having inquired into the case, find that the petitioner did not comply with the conditions under which land was granted to discharged soldiers ; and they have therefore no recommendation to make to the House. 30th July, 1879.

No. 48. —Robert Sinclair and other Settlers of Kaukapakapa. The petitioners pray for an extension of the railway through Kaukapakapa, in the Auckland Provincial District. I am directed to report that the Committee is of opinion that the case of the petitioners is one for the Executive to consider and deal with, and therefore recommends that it be referred to the Government. 30th July, 1879.

No. 34. —Philip Herapath and Others, Chairman and Trustees of the Karangahape, Arch Hill, aud Newton Highway Districts. The petitioners complain of injury caused to their districts by the existence of a toll-gate called the Arch Hill Toll-bar. I am directed to report that, in the opinion of the Committee, the petition should be referred to the Government, with the view of remedying the grievance complained of. sth August, 1879.

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No. 53. —Borough Council of Onehunga. The petitioners pray for the expenditure of some portion of the tolls collected at the Newmarket Toll-gate within the Borough of Onehunga. I am directed to report that the Committee is of opinion that the petitioners have no claim for the expenditure of any portion of the tolls drawn from the Newmarket Toll-gate within the Borough of Onehunga. sth August, 1879.

No. 355 of 1878.—Patrick Brennan and Others. The petitioners pray for some consideration or recompense for Patrick Brennan, as the pioneer and discoverer of the district called and known as "Murray Creek," in the County of Inangahua. I am directed to report that the Committee has agreed to recommend that this petition he referred to the Gold Fields Committee for consideration. sth August, 1879.

No. 9. —William Elias and other Settlers north of Auckland. The petitioners pray for the appointment of an impartial engineer to examine the proposed deviation of the Great North Road, north of Auckland. I am directed to report that the Committee recommend the Government to comply with the prayer of the petitioners before proceeding further with the North Road. 7th August, 1879.

No. 21.—Edward Nolloth Liffiton. The petitioner prays for compensation for loss in consequence of a rule of procedure in the Supreme Court having been pronounced ultra vires. I am directed to report that the Committee is of opinion that the claim of the petitioner be referred to the Government for its favourable consideration. 7th August, 1879.

No. 22. —J. C. Johnstone. The petitioner prays for compensation for loss sustained in consequence of the Maori War in 1863. I am directed to report that the Committee is of opinion that the petitioner's case is one for the Government to take into consideration and deal with. 7th August, 1879.

No. 25.—Joseph Coates Wallis. The petitioner prays that he may be allowed to make use of a certain land-scrip which has lapsed. I am directed to report that the Committee recommends the petitioner's case to the favourable consideration of the Government. 7th August, 1879.

No. 30. —George Smith. The petitioner prays for compensation for injuries received by him whilst doing duty as a constable. 1 am directed to report that the Committee, having inquired into this case, finds that the Government has made careful inquiry into the petitioner's claim, and dealt with it. The Committee has no recommendation to make to the House. 7th August, 1879.

Nos. 66, 67, 78, 84, 85, 86, 87, 88, 89, 100, 101, 112, and 121.—George Birch and Others; Thomas Alexander and Others; W. H. Hooper and Others; Alexander B. Todd and Others; Mrs. Borrie and Others; Malcolm McLean aud Others; William Christie and Others; John Porteous and Others; A. M. Finlayson and Others; Robert Heaney and Others; James Hume and Others ; William Renton and Others; and James Cameron and Others. The petitioners pray that the reading of the Bible may be practised in the State Schools established under the Education Act. I am directed to report that, the subject-matter of these petitions being one of public policy, the Committee do not deem it necessary to offer any opinion to the House. 7th August, 1879.

No. 2.— J. H. Campbell. The petitioner prays for compensation for expenses incurred in building a house for himself and family whilst Resident Magistrate at Waiapu.

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I am directed to report that there has been no evidence submitted to the Committee to show that the petitioner has any claim against the Government. Bth August, 1879.

No. 10.—William Naughton. The petitioner states that a promise was made to him by the Provincial Government, Auckland, when he purchased his land, twelve years ago, that a road would be made to his land. That, owing to such promise not being fulfilled, he was compelled to purchase land to obtain a road. He prays that compensation be given to him. I am directed to report that, having made inquiry as to the claim of the petitioner, the Committee do not think he has any claim to obtain a more direct road to his farm at the cost of the colony. Bth August, 1879.

No. 12.—George Jervis (No. 2). The petitioner, having received the sum of £100 as a reward for assisting in procuring evidence which led to the conviction of the perpetrators of the Maungatapu murderers, prays for a further consideration for the same service. I am directed to report that the Committee is of opinion, from the evidence before it, that the petitioner, having received the sum of £100 for his services at the time they were rendered, has been sufficiently remunerated ; and that it is not advisable, after the lapse of thirteen years, to re-open the claim of the petitioner for further consideration. Bth August, 1879.

No. 33.—William Nicholas Searancke. The petitioner prays for consideration for dismissal from the service of the Government when he was Resident Magistrate in the Waikato District. I am directed to report that, owing to the pressure of public business, the Committee has not been able to obtain the evidence of the Native Minister on this case; and therefore has been unable to come to any decision on the matter. Bth August, 1879.

No. 35.—Richard Belcher. The petitioner prays for compensation for loss caused by floods in the Waimakariri River. I am directed to report that the Committee is of opinion that the Government should make further inquiry into the subject-matter of the petition. Bth August, 1879.

No. 54. —Samuel Phillips. The petitioner states that he was an assistant in the photo-lithographic department, and that he has been discharged from the public service without sufficient cause. I am directed to report as follows:— The petitioner's case has been dealt with by a Board appointed by the Governor under section 4of " The Civil Service Act 1866 Amendment Act, 1871;" but the Committee finds itself compelled, from the evidence before it, to review the decision of the Board so constituted. Having carefully considered the evidence taken by the Board, and perused the papers supplied by the department, aud also examined the petitioner, and Mr. McColl, the chief witness in support of the charges made against the petitioner, the Committee is of opinion that the charges made have not been proved, and that the petitioner ought not to have been dismissed from the public service. The Committee is further of opinion that the manner in which the Board was constituted was not calculated to result in a fair inquiry and an unprejudiced report, inasmuch as before the Board was constituted there is evidence before the Committee to show that the Minister in charge of the department was recommended to dismiss the petitioner; and, further, that the officer who recommended his dismissal subsequently nominated the persons who constituted the Board of Inquiry. The Committee is of opinion that such a course of procedure was highly improper, and destructive of that right of fair inquiry to which public officers are entitled when charges are brought against them. Under these circumstances the Committee is of opinion that the petitioner should be reinstated in the public service, and that a full and exhaustive inquiry be made into the working of the photo-lithographic department. Bth August, 1879.

Nos. 68 and 69. —Alexander Clark and Catherine Fraser. The petitioners pray for compensation for loss sustained by reason of the want of a road to a block of land purchased by them from the Government.

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I am directed to report that the Committee is of opinion that these petitions be referred to the Government with the view of giving redress to the grievances complained of. Bth August, 1879.

No. 73. —Rickard O'Donovan. The petitioner prays that payment be made him for extra work which he states has been performed by him over that which he contracted for in forming a road on the West Coast of the Middle Island. The point at issue between the petitioner and Public Works Department is whether the formation-line in the longitudinal section of the work he contracted for indicates the crown of the road or the sides of the road after the formation is complete. The petitioner maintains that, according to practice, it shows the crown of the road. The Public Works Department, on the contrary, state that it meaus the side of the road. The specification and plans do not give sufficient detail to decide the question at issue. I am directed to report that the Committee, having made careful inquiry into the case of the petitioner, is of opinion that the Government should allow the case to be decided in a Court of law, the Government waiving any technical forms that would prevent the matter in dispute being decided on its merits. Bth August, 1879. ___

No. 95.—Alexander Smith. Petitioner prays that the sum of £2,300, which he states is the balance due him on account of his contract known as the " Helensville Extension Kaipara-Puniu Railway ** be paid to him. It appears, on inquiry, that the point at issue is one of calculation, based on the amount of petitioner's contract prices. I am directed to report that the Committee has no recommendation to make in the case of the petitioner. Bth August, 1879.

By Authority : Geoegb Didsbubt, Government Printer, Wellington.—lB79. Price 6d.]