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Thuesday, 23ed June, 1881. It was resolved, upon the motion of the Hon. Major Atkinson, that, owing to there not being a full Committee, the consideration of this subject should be postponed until Tuesday next.

Tuesday, 28th June, 1881. The Chairman reported that Mr. Wood's motion of last session on the subject of Dr. Pollen's pension should be considered as having been brought to an end by the prorogation, and must be renewed if it were desired to go on with it. Mr. Wood then moved, —■ 1. That the payment of £1,400 as arrears of pension to Dr. Pollen was a payment which, under the circumstances of the case, ought not to have been made. Difficulties have surrounded this claim for pension from the first. Dr. Pollen has been from 25th November, 1856, to 4th July, 1873, in the Civil Service of the colony Three times during that period he has been a Minister and member of the Executive Council, holding a political office: he has been Colonial Secretary and Prime Minister. The Law Officers agree in the opinion that a seat in the Executive, to which a high salary attaches, cannot be held in conjunction with a subordinate position in the Civil Service, and that the fact of the appointment to'the higher office vacates the lower. This being so, it would seem that it must also vacate all right to salary, emolument, or pension which attaches to the lower office. An office so vacated cannot be said to be retired from in the same sense in which that word is used in the Pension Acts. It is therefore, doubtful, whether Dr. Pollen is entitled to draw any pension at all; and the papers, which are voluminous, show this. 2. Should, however, the right to a pension be established, the amount paid appears to be wrong. The amount has been calculated by adding to the salaries drawn by Dr. Pollen of a number of offices held by him, amongst which was an office of Paymaster-General of Imperial Pensions, at £300 per annum. This sum has been regarded as colonial revenue in the calculation of the amount of pension; but it has never been regarded as colonial revenue for any other purpose. It has never in any way been calculated as an integral part of the revenue of the colony, and has neven been under the review or appropriation of Parliament. The Committee is of opinion that this sum should not have formed part of the basis of calculation of Dr Pollen's pension. Considering all the doubts and difficulties of this case the Committee is of opinion that, instead of settling the amount of the pension claimed by Dr. Pollen, and including it under the head of Permanent Charges, the Government should have submitted the'claim to Parliament to determine what, under the circumstances, the equity of the case required to be done. „,.,-. Amendment proposed by Mr. McLean, That, in the opinion of this Committee, the pension awarded to Dr. Pollen appears to have been in accordance with the opinion of the Crown Law Officer and of the Controller and Auditor.General as to the sum to which Dr. Pollen was entitled. Question proposed, That the words proposed to be omitted stand part of the question. Mr. Saunders moved, and it was resolved, That the discussion of the resolution and amendment be adjourned till next Thursday, and that the resolution and amendment be printed for the use of the Committee.

Thuesday, 30th June, 1881. The discussion upon this subject was renewed, and finally, upon the question being put, the Committee divided: — Ayes, 5. —Mr. Montgomery, Mr. Ballance, Mr. Wood, Sir George Grey, Mr. Moss. __y oe s 6. Mr. McLean, Hon. Major Atkinson, Hon. Mr. Johnston, Hon. Mr. Dick, Hon. Mr. Hall, Mr. Saunders. Mr. McLean then obtained leave to withdraw his amendment, and Mr. Saunders moved,— That in awarding a pension of £418 15s. a year to Dr. Pollen, and paying that pension from 30th October, 1876, the Government acted according to the weight of opinion given by the Crown Law Officers,'and even paid £1,391 12s. 6d. less than the Audit Department were willing to pass as legally due to Dr. Pollen. The Committee are, however, of opinion, that the Crown Law Officers and Civil servants of the colony have put the most favourable interpretation on doubtful points in this claim for pension, and under-rate circumstances which appear to make the claim of doubtful legality The Committee think it is open to grave doubt whether Dr. Pollen was entitled to reckon, for purposes of his pension, the time during which he held a seat in the Executive Council without pay or The Committee are also of opinion that the promise made by Sir Julius Vogel, that the sum of £300 paid to Dr. Pollen as Paymaster of Imperial Pensions should be included in any calculation for purposes of pension, was one which it was beyond the lawful authority of any Minister to make, and subversive of due parliamentary authority and control. The Committee consider that in future when any case of the above nature, which may in itself be reasonable is surrounded by legal difficulties, it should be submitted to Parliament for decision. Motion made, That the words " the Committee consider that" be omitted. Question put, That the words " the Committee consider that " stand part of the question. The Committee divided : —■ j_[y es 9. Mr. McLean, Hon. Major Atkinson, Mr. Wood, Hon. Mr. Johnston, Mr. Ballance, Mr. Montgomery, Hon. Mr. Dick, Hon. Mr. Hall, Mr. Saunders. Noes, 2. —Sir George Grey, Mr. Moss. Motion made by Mr. Wood, That the words " in future " be omitted. Question put, That the words be omitted. jLygg q Mr. Wood, Mr. Ballance, Mr. Montgomery, Sir George Grey, Mr. Moss, Mr. Saunders. j^oes 5. —Mr. McLean, Hon. Major Atkinson, Hon. Mr. Johnston, Hon. Mr. Dick, Hon. Mr. Hall.