332
THE NEW ZEALAND GAZETTE.

to have expected that the Council would agree with
him.

As to the Superintendent not intrusting the for-
mation of an Executive to one of Mr. Reid's col-
leagues, no doubt if, in ordinary course, Mr. Reid had
tendered his resignation, it would have been the
duty of the Superintendent to have asked his advice
as to a successor; and, indeed, it would have been
quite competent to Mr. Reid, before resigning, or
doing that which necessitated his resigning, to have
satisfied himself whether the Superintendent was
inclined to protect the views of a majority of the
Council, and failing his believing such to be the
case, to have abstained from resigning, or doing that
which necessitated his resigning.

As to the complaint that the Superintendent ought
to have called the Council together earlier, there does
not seem any conclusive reason why the Superin-
tendent was not at liberty to exercise his discretion in
the matter, especially if he was fortified by the
opinion of his Executive. But on this point the
Government do not express a decided opinion.

The Council is now prorogued, and the Superin-
tendent had a right to prorogue it. In a few weeks
the appropriations will have expired, and votes
will be required in order that money may be applied
to carrying on the necessary business of the Pro-
vince. There is no reason to suppose but that, if the
Superintendent were again to convene the Council,
there would be difficulty in constituting another
Executive, and that business would be delayed until
that had been effected. It appears, therefore, to be
probable, if not certain, that the most rapid mode of
securing that the business of the Province shall be
proceeded with, and appropriations be granted, is to
sanction a dissolution, and at once to proceed with
fresh elections.

Apprehension that the present case may be regarded
as a precedent, ought not to disturb the decision of
the question: future cases may be left to be carefully
considered, and to be dealt with strictly on their
merits.

It may be deemed very doubtful whether, in
a Province in which there is carried on a
strict system of responsible Government, as is the
case in Otago, the Superintendent has not in his
power such a discretion as to acting or not acting
with an Executive commanding the confidence of the
Council, as to be able to compel a dissolution. Nor
can it be urged that such a power intrusted to an
elective officer in the position of a Superintendent, is
altogether unreasonable. If his action lead to a
dissolution without the consent of the Provincial
Council, it not the less ends his term of office, and
subjects him to the trouble and the cost of appealing
to the electors of the Province. In the most direct
manner, a Superintendent so acting submits his
conduct to public criticism; and in the consequent
election, the opinion of the constituency of the Pro-
vince can be unmistakably expressed.

Upon the considerations stated, the Cabinet agree
to recommend His Excellency the Governor to grant
the request of the Superintendent of Otago, and to
immediately cause a dissolution of the Provincial
Council.

In Cabinet.
Wellington, 22nd May, 1873.
JULIUS VOGEL.

MEMORIAL OF MEMBERS OF THE PROVINCIAL
COUNCIL.

To His Excellency Sir George Arney, Knight,
Acting Governor and Commander-in-Chief in
and over the Colony of New Zealand.

The Memorial of the undersigned, being Members
of the Provincial Council of Otago :

HUMBLY SHOWETH, —

1. That, believing that His Honor the Super-
   intendent of Otago has, with the advice and consent
   of the Executive of the Province now in office, but the
   members of which have tendered their resignations,
   requested your Excellency to dissolve the Council,
   your memorialists desire to lay certain facts before
   your Excellency.

2. That the Provincial Council was prorogued on
   the thirty-first day of May, one thousand eight hun-
   dred and seventy-two, with the following members of
   Executive, viz., Mr. Donald Reid, Provincial Sec-
   retary and Treasurer; James Benn Bradshaw, Sec-
   retary for Gold Fields and Works; John Bathgate,
   Provincial Solicitor; William Henry Cutten, non-
   official.

3. That on his acceptance of the office of Ministerfor
   Public Works for the Colony, Mr. Donald Reid, who
   was Provincial Secretary and Treasurer, was dismissed
   by His Honor the Superintendent from the office of
   Provincial Secretary and Treasurer, on the sole ground
   that the holding of the two offices was incompatible.

4. That certain correspondence took place between
   His Honor the Superintendent and Mr. Reid, a copy
   of which is hereunto annexed and marked "A"

5. That at the time of Mr. Reid's dismissal he was
   not acting as Provincial Secretary and Treasurer,
   Mr. Cutten being Acting Provincial Secretary and
   Treasurer in his stead.

6. That His Honor the Superintendent, instead of
   asking some members of the Council of the party
   who are in the majority to form an Executive, sought
   for advice from gentlemen who are of the party in the
   minority in the Council.

7. That before an Executive was definitely formed,
   a memorial (copy of which is annexed and marked
   "B") was sent to His Honor the Superintendent,
   signed by twenty-seven members of the Council.

8. That His Honor declined to call the Council
   together, the grounds of his decision being set forth
   in the letter also annexed hereto, marked "C."

9. That the Council was opened on the sixth day
   of May instant, and when His Honor the Super-
   intendent's address came on for consideration, a
   reply, annexed hereto and marked "D," was moved
   by Mr. Fish; and Mr. Reid thereupon moved an
   amendment, a copy of which is annexed hereto and
   marked "E." After discussion, Dr. Webster moved
   a further amendment, copy of which is annexed
   hereto and marked "F." To this amendment one
   or more members of the Executive assented, and the
   Executive thereupon resigned.

10. That Mr. Tolmie, the leader of the Govern-
    ment, in intimating the resignation of the Executive
    to the Council, said that it was the general feeling of
    the supporters of the Government that they should
    resign.

11. Mr. Reid's amendment was carried.

12. That His Honor the Superintendent sent for
    Mr. Reid, and intrusted him with the task of form-
    ing an Executive.

13. That, before Mr. Reid had time to form an
    Executive, His Honor the Superintendent, without
    the advice and consent of his Executive, sent a
    Message, No. 3, urging the Council to agree to a
    dissolution, copy of which message is annexed and
    marked "G."

14. That, seeing a dissolution threatened, and that
    the business of the country would suffer in con-
    sequence, Mr. Reid, with the consent of the party in