330
THE NEW ZEALAND GAZETTE.

had not succeeded with his task; and in the course
of the proceedings which followed, it was declared
that the Superintendent had prorogued the Council.
His Honor applied, by telegram, for a dissolution,
stating his reasons in the following terms :—
"The Superintendent of Otago requests that His
Excellency the Acting Governor may be advised at
once to dissolve the Superintendent and Provincial
Council of Otago, for the following reasons:—The
Council, instead of going on with the public business,
will have been in session a fortnight to-morrow with
out attempting to make any progress; the quæstio
vexata being who are to constitute the Executive.
Vote of want of confidence in the present Executive
was passed on the motion of Mr. Reid, who there
upon was asked by the Superintendent to submit the
names of a new Executive. After some delay, and
having done his best, names were submitted which
were not satisfactory to the Superintendent, and
which most certainly would not have been satisfac-
tory to the country. The Superintendent's belief
is, that they would not have been satisfactory to the
Council, and that had they been accepted, we should
most certainly within a day or two have had another
ministerial crisis. Subsequently, thinking that the two
parties in the Council might agree to an Executive
chosen from both sides, Dr. Webster, who is not
strongly attached to either side, was requested by
the Superintendent to undertake the task of forming
an Executive. This he has not succeeded in. Mean-
while, much valuable time and money are being
wasted, without, so far as the Superintendent can
see, any prospect whatever, for an indefinite period,
of an Executive being formed which will be able to
conduct the public business. The Superintendent
has sent repeated messages to the Provincial Council,
pointing out the necessity of an appeal to the people
as the only means of preventing a dead-lock, and
requesting the Council's concurrence to an applica-
tion for dissolution. To none of these messages
have the Council replied. Under these circum-
stances, therefore, the Superintendent earnestly trusts
that His Excellency will comply with the request;
and as it will be impossible to provide for the exigen-
cies of the public service under authority of law
after the end of this month, it is respectfully urged
that writs may be issued so as to enable a new
Council to be convened within two months of this
date, at latest. The Superintendent would only add,
that the present situation is very painful to himself,
and that he makes his application under a very grave
sense of responsibility. He is fully persuaded that
the course recommended meets with all but universal
approval throughout the Province, and that unless
it is adopted the interests of the Province will be
very seriously prejudiced.
"J. MACANDREW,
"Superintendent of Otago.
"19th May, 1873."

A telegram was subsequently received from the
Hon. Dr. Menzies, requesting the Government not
to come to a decision until a memorial adopted by a
number of members of the Council constituting a
majority thereof, and addressed to the Governor, had
reached Wellington. Considering the matter urgent,
the Government requested Dr. Menzies to telegraph
the memorial in full; and a copy of it is appended
hereto.

There does not appear to be any statutory neces-
sity that a request for a dissolution, if made by a
Superintendent or by a Provincial Council, must, in
order to effect being given to it, be concurred in by
the Council or by the Superintendent, as the case
may be. But, undoubtedly, it has been generally
supposed that, in order to the Governor granting a
dissolution, the application for it must be concurred
in by the Superintendent and the Council. This im-
pression has probably grown out of the feeling that,
if the Superintendent alone, or the Council alone,
had power to determine a dissolution, such a power
might be used to coerce the non-concurring party.

There is but one instance in which a dissolution
has been granted at the request of the Superin-
tendent alone. That dissolution was asked for by
the Superintendent of Auckland, and was, after a
long correspondence, and with very much reluctance,
granted by the Government of which the Hon. Mr.
Stafford was the head. It was granted expressly
upon the ground that it appeared that the action of
the Council evidenced its determination "not to
carry on the legislative business of the Province."

The question now arises, Whether the Provincial
Council of Otago has evidenced such a determination,
or whether there are other reasons which make a
dissolution necessary? It can hardly be said that the
Otago Council has evidenced a determination "not
to carry on the legislative business of the Province;"
it appears, rather, that the Council was willing to
carry on the business, provided it was led by an
Executive which commanded its confidence. In
Otago, the proceedings of the Council are conducted
with a close adherence to the rules adopted where
responsible Government exists; and the question
now presents itself, not whether the Council was
willing to carry on the business, but whether, being
willing to do so only under an Executive possessing
its confidence, there is any probability that such an
Executive can be formed in the present relations
of the Superintendent and Provincial Council. The
action of the Council necessitated the resignation of
the Government, and led to Mr. Reid being "sent
for." Mr. Reid formed a Government; and the
Superintendent, adopting a course which is believed
to be very unusual, refused to accept the Govern-
ment, on the grounds, as stated in His Honor's
telegram, that the names submitted were "not
satisfactory to the Superintendent, and most cer-
tainly would not have been satisfactory to the
country." He added, also, "The Superintendent's
belief is, they would not have been satisfactory to the
Council." There may not be on record an example
of a Superintendent, or of any one occupying an
analogous position, acting upon opinions such as
those expressed, instead of awaiting the decision
of the legislative body; but it does not appear
that to refuse to accept an Executive, in such circum-
stances, is opposed to the principles of responsible
Government. And it is to be noted that Mr. Reid,
who may be supposed to be most affected by the
course taken, appears to have admitted, in a speech
in the Council, that, in his opinion, the Superinten-
dent was quite justified, if he thought fit, in rejecting
the names submitted to him. It seems fair to attribute
this opinion to Mr. Reid, since its expression is
reported in both the morning papers published in
Dunedin. In the Ordinance constituting the Provin-
cial Executive, there is no express power of the kind
given: the only provision which may be supposed to
bear upon the point is, that the Executive are to hold
office during the pleasure of the Superintendent.

Assuming the Superintendent to have been justified
in refusing to accept Mr. Reid's Executive, he
appears then to have taken the course most likely to
lead to progress with the business of the Province,
by asking a neutral member to form an Executive.
On that gentleman failing, the Superintendent was
left to the advice of the Executive headed by Mr.
Tolmie, who were holding office until their successors
were appointed. It was in accordance with the
advice of that Executive, that the Superintendent
ultimately prorogued the Council.