121

as a Member of the Provincial Council, for the
Province of Auckland, for the within-named
District.
"WILLIAM CRUSH DALDY, Esq.
"THOMAS BECKHAM,
"Principal Returning Officer."

This return has not been amended. On the
6th February Captain Daldy, introduced by
Mr. R. Graham and by Mr. T. Henderson, took
his seat in the Council. I am bound to recognise
the validity of the writ issued by myself, and
to regard Captain Daldy as being duly
elected to the vacants But the Provincial
Council has given that seat to Mr. Graham,
and the Speaker of the Council has ruled that
he could not put any resolution which would
have the effect of rescinding that resolution.

Mr. David Graham and Mr. Daldy have
separately, by writing under their hands (copy
of each, marked C, annexed), resigned their res-
pective seats.

If I issue a writ for the election of a mem-
ber to serve in the Council in room of Mr.
Daldy, I virtually abrogate a resolution of the
Council, declared to be judicial and irreversible;
and I thus bring myself into direct collision
with that body. If I issue a writ for the
election of a member to serve in the Council
in room of Mr. Graham, I ignore the validity
of a writ issued by myself. If I adopt the
suggestion you have been so good as to make,
and attempt to evade the difficulty by issuing a
writ for the election of one member instead of
the two who have resigned, and by using a form
of writ, different from that now in use, containing
a vague recital, I feel assured that the right
of any member elected upon such writ to sit
In the Council might be successfully smiled,
and that it would be competent for a member
of the Council, by re-opening the question dur-
ing the session, again at any moment to arrest
the action of the Council.

In this view I am sustained by the opinion of
the members of my Executive Council, by whom
the resolutions (copy annexed, marked D) have
been unanimously adopted.

Under these circumstances, I feel bound
strictly to pursue the course which the New
Zealand Constitution Act prescribes, and to
issue writs for the election of members in the
room of those whose resignations have been
made. I am advised to use the form of writ
which has been heretofore invariably employed
in such cases, and which was drawn up by the
gentleman who, formerly Law Officer of this
Province, is now Her Majesty's Attorney-
General for New Zealand.

The refusal of His Excellency's Government
to accede to a request preferred by me on a
former occasion, caused the loss to me of the
support, as members of of my Executive, of two
members of the Provincial Council. I have
this day received a letter (copy of which, marked
E, is annexed) from Messrs. Buckland, Brennan,
and Merriman, members of the Provincial
Council, intimating that, in the event of a dis-
solution being now refused, they will also resign
their seats in my Executive Council. I have

the honour to forward herewith copy of a letter
(marked F) addressed in January last to Mr.
T. Henderson, offering for his acceptance a seat
in the Executive Council, together with copy
of his reply thereto.

The Provincial Government Act requires
that at least one-half of the members of the
Executive Council shall be members also of the
Provincial Council. I should not be able to
select from amongst the members of the Pro-
vincial Council, as at present constituted, gen-
tlemen in whom I could confide, who, being
competent, would be willing to undertake the
conduct of the public business. The difficulties
which I should experience in carrying on the
Government will be thus sufficiently evident.

It will be remembered that my own election
as Superintendent took place at a period subse-
quent to the election of the present Provincial
Council, and that I was chosen to carry out a
policy which differed essentially from the policy
of my predecessor and of his majority in that
Provincial Council.

In consequence of the proceedings in the
Council during the late session, I have been
compelled to take upon myself the responsibility
of carrying on the public works and of defray-
ing the cost of the Provincial establishments for
the current year without an Appropriation Act.
I desire, therefore, to afford the electors of this
Province, from whom I derive my authority, an
opportunity of expressing their opinion as to the
mode in which that authority has been exercised,
and generally upon the conduct of the Provincial
Council; and I venture to assure His Excellency's
Government, that the great majority of the peo-
ple of Auckland, by whom the "expenses and
inconveniences" of a general election must be
borne, concur with me in desiring a speedy dis-
solution of the Council.

Having thus shown that the difficulty caused
by the presence of an extraordinary member in
the Provincial Council, though apparently re-
moved by the resignations of Messrs. Graham
and Daldy, has not in fact been so removed; hav-
ing shown that there is no reasonable cer-
tainty that, with the Council as at present con-
stituted, the business of the Government can be
carried on, or that the Council would be per-
mitted to proceed to the consideration of mea-
sures urgently required for the public welfare, I
beg leave to express my desire that "the ques-
tion of a dissolution may be again submitted to
the Governor in Council," and that, for the sake
of the order and good government of this Pro-
vince, His Excellency may be advised at once
to dissolve the Auckland Provincial Council.

I have the honor to be,
Sir,
your most obedient servant,

J. WILLIAMSON,
Superintendent:

The Honorable the
Colonial Secretary.

A.

[ENCLOSURES.]
Message No. 41.
The Superintendent submits for consideration