Provincial Council Dispute Memorial




THE NEW ZEALAND GAZETTE.
333

the majority, submitted to the party in the minority | fectly useless, as the parties would not be materially
proposals for a coalition.
changed by an appeal to the country.
15. That the party in the minority met this pro-
(7.) That there are various pressing matters of
posal by the following resolution:—"That Dr. Web-
public interest requiring speedy action on the part
ster be requested to intimate to Mr. Reid that the
of the Council, the delay of which will entail con-
Opposition, whilst thanking him for the overtures he
siderable injury on the Province, such as opening
has made, are of opinion that no good to the country
land for settlement, and providing buildings for
would result from a coalition."
schools, &c.
16. That, finding there was thus no hope of a
(8.) That there is no question of policy whatever to
coalition, and knowing that he had a sufficient ma-
submit to the country, except indeed it be considered
jority to carry on the business in the Council, Mr.
a question whether the powers granted by the Con-
Reid submitted the following names to His Honor
stitution Act and the various Provincial Councils
the Superintendent, as members who were willing to
Ordinances are to be set aside by the dictatorial
form an Executive, viz., Mr. Donald Reid, Provincial
action of a Superintendent.
Secretary and Treasurer; Mr. James Green, Secretary
(9.) That if the Superintendent of a Province is to
for Lands and Works; Mr. James Clarke Brown,
be allowed to choose his advisers from feelings of
Secretary for Gold Fields; Mr. Robert Stout, Pro-
personal likes or dislikes, the system of responsible
vincial Solicitor; Mr. George Lumsden, without office.
Government, which has hitherto worked well in this
17. That His Honor declined to accept those mem-
Province, will cease to exist.
bers, but assigned no reasons for doing so except
(10.) That an election at the present time would
the following:—"That he did not think the Executive
be most inopportune, as many members of the
was a satisfactory one, and that he did not think
Council are members of the General Assembly,
either the country or the Council would approve of
which will soon meet.
it."
(11.) That no supplies whatever have been voted
18. That His Honor transmitted to the Council
by the Council, and unless the business of the country
another Message, No. 5, also without the advice and
be carried on in violation of the provisions of the Pro-
consent of his Executive, copy of which is also hereto
vincial Audit Acts, great loss must necessarily result
annexed marked "H."
to the Province.
19. That no opportunity whatever was given to the
(12.) That there has been already paid, under
Council to discuss His Honor's messages. Mr. Tolmie,
special order, a sum of upwards of £19,000 during
the head of the Executive, gave notice that he would
the past twelve months, for which no appropriation
move that Message No. 3 be taken into consideration,
as yet has been made.
but before this motion could come on for hearing,
(13.) That the financial year of the Province ended
adjournments of the House from time to time were
on 31st March, 1873, but provision was made, by
moved by the Government and agreed to.
the Appropriation Ordinance, for an expenditure at
20. That Dr. Webster, one of the party in the
the same rate for two months longer, and this time
minority, was entrusted by His Honor the Superin-
ends on 31st May, 1873.
tendent with the formation of an Executive, but he
(14.) That the settlement of the country has already
was unsuccessful.
been delayed by the provisions of the Waste Lands
21. That Mr. Clark gave notice of the motion,
Act of 1872, relating to the disposal of land on
copy of which is also annexed and marked "I," but
deferred payments, not being taken advantage of,
the house was prorogued on the same day.
and a dissolution of the Council will necessitate a
22. That, before the prorogation of the Council,
further and needless delay.
His Honor forwarded Message No. 6, copy of
(15.) That your memorialists have at all times been
which is annexed hereto and marked "K."
ready to carry on the business of the country, but
23. That your memorialists believe that it will be
they decline to be forced to submit to an Executive
seen from the foregoing that the Provincial Council
conducting the business of the country which has
has never declined to consider any proposals sub-
not their confidence.
mitted to it by His Honor the Superintendent, nor
(16.) That your memorialists respectfully submit
has it refused to proceed with the consideration of
that were the request of His Honor the Superin-
the matters affecting the well-being of the Province:
tendent complied with, a most dangerous precedent
your memorialists therefore pray that, for the fol-
would be established, as an Executive in whom the
lowing reasons, amongst others, your Excellency will
Council has no confidence would be allowed to
refrain from dissolving the Council :—
remain in power; and whenever a Superintendent
(1.) That there is a majority in the Council
could not get an Executive according to his own
sufficient to carry on the business of the country,
liking, a dissolution would have to take place, not-
there being, not including the Speaker, twenty-seven
withstanding that the Council did not concur with
members out of a total number of forty-six willing
him in requesting it.
to act together in all matters of general policy.
(17.) That the present Executive, notwithstanding
(2.) That in no Council is it probable that a greater
that it has not had the confidence of the Council, has
proportion of members will agree to act together as
held office for six months, and if a dissolution be
one party.
granted, will hold office for some months longer.
(3.) That no proposals ever submitted to the
And your memorialists, as in duty bound, will ever
Council by His Honor the Superintendent have
pray.
been refused consideration by the Council.
(4.) That it would be at variance with the prin-
J. A. R. Menzies, M.L.C.
ciples of responsible Government for the Superin-
Mathew Holmes, M.L.C.
tendent to force on the Council an Executive that
B. Hallenstein, M.H.R.
does not possess its confidence.
Jas. W. Thomson, M.H.R.
(5.) That while censuring the Executive, as the
D. H. Mervyn, M.H.R.
Council did by adopting Mr. Reid's amendment,
J. C. Brown, M.H.R.
it was vindicating its constitutional position; and
J. B. Bradshaw, M.H.R.
should the Council be deprived of this power, its
Donald Reid, M.H.R.
existence is an absurdity and an anomaly.
George Lumsden.
(6.) That the expense to the country of an election
Wm. Wood (by G. Lumsden).
would be great, and, your memorialists believe, per-
George Sumpter.
W. H. Cutten.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1873, No 33





✨ LLM interpretation of page content

🏛️ Continuation of Memorial regarding Superintendent's actions and Council dissolution (continued from previous page)

🏛️ Governance & Central Administration
Otago, Provincial Council, Superintendent, Executive, Dissolution, Constitutional dispute, Memorial, Land settlement
9 names identified
  • Webster (Doctor), Involved in Executive formation attempts
  • Reid (Mr.), Received coalition overtures
  • Donald Reid (Mr.), Proposed for Provincial Secretary
  • James Green (Mr.), Proposed for Secretary for Lands and Works
  • James Clarke Brown (Mr.), Proposed for Secretary for Gold Fields
  • Robert Stout (Mr.), Proposed for Provincial Solicitor
  • George Lumsden (Mr.), Proposed without office
  • Tolmie (Mr.), Head of Executive who moved adjournment
  • Clark (Mr.), Gave notice of motion

  • J. A. R. Menzies, M.L.C.
  • Mathew Holmes, M.L.C.
  • B. Hallenstein, M.H.R.
  • Jas. W. Thomson, M.H.R.
  • D. H. Mervyn, M.H.R.
  • J. C. Brown, M.H.R.
  • J. B. Bradshaw, M.H.R.
  • Donald Reid, M.H.R.
  • George Lumsden.
  • Wm. Wood (by G. Lumsden)
  • George Sumpter.
  • W. H. Cutten.