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85

No. 24.

MINUTES OF THE PROCEEDINGS

o:r THE

LEGISLATIVE COUNCIL.

THURSDAY, 22 NOVEMBER, 189~.

I. The H ouse met pursuant to adjoUl'llment. The President took the Chair at hal£·past F our o'clock. Members Present :-

The Honorable Sir John Lackey, K.C.M.G., President. The Houornble Richard Ryther Steer Bowker,

~I.D., M.R.C.P., Lond., The Honomble WilIiam Robert Camp bell, The Honomble Samuel Charles, Tbe Honorable George Henry Cox, Tbe Honorable John Mildred Creed, M.R.C.S., The Honorab1e Thomas DaltoD, The Honorable Henry Carey Dangar, The Honorable John Davies, C.M.G., The Honorable George Day, The Honorable Charles Augustus Goodchap, The Honorable Edward Greville, The Honorable Charles Gilbert Heydon, The Honorable Richard Hill, The Honorable J ames Hoskins, The Honorable Frederick Thomas Humphery, The Honorable Archibald Hamilton Jacob, The Honorable Henry Edward Kater, The Honorable Pllilip Gidley King, The Honorable WiIliam Alexander Long, The Ronorable John Macintosh,

The Honorable Henry Norman nIacLaurin, M.D., LL.D.,

The Honorable Henry IIfort, The Honorable Henry Moses, The Honorable James Norton, LL.D., The Honorable William Hilson Pigott, The RonorabIe Alexander Ryrie, The Honorable George Bowen Simpson, Q.C., The Honorable Robert Burdett Smith, C.M.G., The Honorable Thomas Hawkins Smith, The Honor.ble Septimus Alfred Steplten, The Honorable John Stewart, The Honor.ble WilIiam Hemy Suttor, The Honorable Geol'ge Thorntoll, The Honorable J olm Thomas Toohey, The Honorable WilLiam Joseph Trickett, The Honorable Ebenezer Vickery, The Honorable James 'Vatson, The Honorable Edmund Webb, The Honorable Robert Hoddle Driberg White.

2. FU"'ZROY GnA.YJKG DOCK :-Ml'. Roskins having, pursuant to Notice, asked the Vice-President of the Executive Couneil,-(1.) Why was the gunboat" Ringarooma " placed in the Sutherland Dock for repair. when the Fitzroy Dock was available for tllat purpose, seeing that no fees a·re paid by tho naval authorities for docking vessels of war at this port? (2.) Are the Government aware tlJat the laBt steam vessels of the N ortll German Lloyds and the Messaget'ies Maritimes SteamshiIJ Company's fleets, w bich met with accidents to their machinery in their receut voyages to A.ustralia, were constrained to have the necessa.ry repairs effected in the Graving Dock, Williamstowll, Victoria, in consequence of the Sutherland Graving Dock in Sydney being occupied at the tillle by tbe cruiser Cl Ringarooma," although tllO Fitzroy Dock was available for docking that Yessel, seeing that the steamship" Orizaba" and the steamshil)s ot' the California line have been repaired and cleaned in that dock? (3.) Is it intended to discontinue the use of the Fitzroy Graving Dock at Cockatoo Island; if so, will the Government consider the expediency of leasing this dock to some private firms, who would be willing to pay rent for its use? nfr. Suttor replied,-(1.) The U Rillgarooma" was placed in the Sutherland Dock because "·he Fitzroy Dock is required far more often than the larger oue for the pnrposes of docking and repairing merchant yessels and dredges, tugs, and punts of the Colonial Government. (2.) Yes. (3.) No.

3. PAYMENT nY l\fUNICI:PAL COUNCILS ON ACCOUNT OF PERML"IEN'.r ·"VA.TER SUPPLY :-~fl'. Hoskins haying, pursua.nt to Notice, asked the Vice-Pl'esident of the Executive Counci l,-Are the Government taking the necessary steps to COml)eI the Municipa.l Councils in the country to pay the interest a.nd a portion of the principal of the money expended by the Government of this Colony with the sanction of Parliament in providing a permanent supply of water for those town­ships r Mr. SuttOI' replied,-Yes; and the matter will probably be settled iu the course of a few d_ys.

4.

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86 MINUTES OF THE FROCEEDINGS OF THE LEGISLATIVE COUNCIL.

(22 Novemb." , 1894.)

4. SHIPMENT OF LIVE CA.TTLE TO ENGLAND :-M1'. Creed having, pursuant to Notice, asked the Vice~ President or the Executive CoullciJ,-Ill 'view of the proba.ble illcrease in the shipment of live cattle to England, will the Government direct the Agent-General to communicate with the British authorities with the object of obtaining permission fOl' the consignees to postpone the immediate slaughter of 5uc11 cattle on their landing, in order that they ma,y be staU feel under quarantine conditions for a sufficient time to put them in prime condition for killing? Mr. Suttor replied,-The Agent-General has already moved ill the matter without Sllccess, beyond obtaining a promise tl1at inguiry will be made. It is thought that it would be more advantageous to supply suitable food in sufficient quantities to the cattle on the voyage than to attempt to put them in condition after arrival

5. MUNICIPALITIES ACT OF 1867 A1IENDi\IENT BILL (Formal B~tsiness) , on motion of l\1r. SuttOl', read a third time, and passed. Mr. Suttor then moved, That tlle Title of this Bill be (( An Act to declw'e valid certain p1'ocla1l1ati01ls issued under the' Municipalities Act of 1867/ and to make jtl1't7t8'l' p1'ovision for t Ile constitution of Municipalities ~tndm' tlte said Act i mul f01' other purposes in connection tlterewl:tlt ." Question put and passed . . Whereupon Mr. Suttor moved, 'I'hat this Bill be returned to the Legislative As;embly with the following Message :-Mn. SPEAKER,-

fl1he Leglslative Council has this day agreed to the Bill returned herewith, illtituled" An .Act to declw'c valid certain p"oclamatio1ls iSSlted 2tnde1' tlte ' Municipalities Act oJ 1867,' amI to make .fu1·ther p1'ovision f01' tlte constitlttion of Municipalitics under tlte said Act .. and f01' oth~1' purposes in connection therewitIt/'- with the amendments indicated by the accompanying Schedule, in which amendments the Council requests the toncurrence of the Legislative Assembly. Legislative Oonncil Olwmb81',

S!ldney, 2211(1 Novemoc1', 1894.

MUNICIPALITIES ACT OF 1867 AMENDMENT BILL. SclIeduJe of the Amendments refe1'red to in Message of 2211,d Novembcr, 1894.

JOHN J. CALYERT, Clerk of the Parliament •.

Page 1, clause 1, line 20. Om£!" before the passing of this Act" Page 2, clause 1, line 2. Aftm'" shall" ins8'I·t "whether the procedure appointed and the

If conditions imposed by the said Act have been followed and complied with or not" Page 2, clause 1, line 2. After U have" insert" and be deemed to have had from the date thereof" Page 2, clause I, line 9. After" thereof" omit remainder of clause inse1·t "Provided always that

" nothing in this section shall affect 01' have any application in respect of any proceeding " either at law 01' in equity instituted before the tenth day of September, one thousa.nd Cl eight hundred and ninety-four."

Page 2, clause 2, line 15. Om#" After the passing of this Act" Examined,-

AncHD . H. J.!.con, Chairman of Committees.

Question put and pas!!led.

6 . GEORGE HILL'S ESTATE BILL :-Upon the Order of the Day being read, the President lert the Chair, and the House resolved itself into a Committee of the Whole for the further consideration of this Bill. The Chairman having reported the Bill with amendments,-­'I'he House adopted the report . OrdC'J'ed, that the third reading stand an Order or the Day for the next day of sitting.

7. SUSPENSION OF CERTAIN STANDING ORDERS :-Ml'. Suttor moved, pursuant to Notice, That so much 'of the Stauding Orders be suspended as would l)reclude the passing of a Bill, intituled "A "Bill to amend the 'Labour Settlements Act' and the' Labout' Settlements Act Amendment H , Act of 1894,' " through a.ll its stages duriug one sitting of the Council. Debate ensued. Question put . 'I'he H ouse divided.

Ayes, 9. Mr. Simpsoll, Mr. Sl1ttor, Ml'. Dn.y, Mr. D::titon, Mr. Macintosh, Mr. Cnmpbell, Mr. Gl'evilte.

Tellers,

Mr. RYl'ie, Mr. Ring.

Noes, 27. Mr. Jacob, Mr. Stewal'L, Dr. BowkCl', 1\11'. R ate!'; Mr. Pigot.{;, Mr. C. G. H eydon, ~fl'. Tooney, Mr. Mort, Mr. Wat,son, Mr. H oskillS, Mr. Da,ics, Mr. Rumphery, Mr. Charles, Mr. Cox, Mr. Vickery,

Mr. Webb, Mr. T. H. Smith, Mr. Trieket,t, Mr. 1\1osos, 1\11'. Hill, Dr. Nort.Qu, 1\fl'. Oreed, Mr. Goodehap, !:[l'. Stephen, Dr. MaeLnurin.

Tellel's,

Mr. R. Burdett Smith, Mr. Dangal'.

8.

MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL.

(22 November, 1894.)

87

8. ADDITIONAL DAY OF SITTING :-Mr. Simpaon moved, pursuant to Notice, That, unless otherwise ordered, th is House shall meet for the despatch of Business at Four o'clock p.m. on Tuesdav in each week, and that Government Business take precedence of General Business on that day. " Debate ensued. Question put. The HOllS. divided.

Ayes, 24. Mr. Simp~on, M l' , Suttor, Mr. C. G. Hoydon, ]\fr. King, Mr. Ryrie, 1\11'. Humphcry, :Ml'. OilY, Mr. DnJtoll, l\fr. Stephen, Mr. Creed, Mr. Toohey, Mr. Moses, Mr. Vickcl'Y.

Mr. Greville. Mr. Trickett, Mr. T. H. Smith, Mr. Cllrmpbell, Mr. Webb, Mr. Jacoh, Dr. MacLaurin, Mr. Katel', Mr. Goodchap.

Tellers,

Mr. Cox, Mr. Mncintosh.

Noes, 10. Dr. Bowker, Mr. Pigott, Mr. Stewart, Mr. WutSO:l, Mr. Boskins, Mr. Davica, Mr. Charles, Mr. Bill.

Tellers,

Mr. R. Burdett Smith, Mr. Dangar.

9 . POSTPONEMENT- COAL MINES REC,UL.!.TION B,U ,-The Order of the Day for the further consider­ation of this Bill in Committee postponed, on motion o£ Mr. Suttor, until after the Order of the Day for the first re.ding of the Labour Settlements Acts Further Amendment Bill (No. 2) shall have been disposed of.

10. LABOUR SETTLEMENTS ACTS FuRTHER AMENDMENT BILL (No. 2) :- Mr. Suttor moved, "Thn.t 11

this Bill be now read a first time. Mr. Jacob moved, That the Question be amended by the omission of all tho words after the word "That 11 in order to the addition in theu' place of the following words, "this Council declines to U proceed with the Bill because it is similar in character to a Bill which, IHwlllg been received from " the Legislative Assembly, was amended, and laid aside by the Assembly on the statement of the " Honorable the Speaker I that the Assembly had, ever since 1857, maintained that the Council had " 'no power to make any alteration in a Money Bill, and had protested against any interference by " , the Council,' and 'that in the face of a decision of the Privy CouDcil, the amendments sh0uld " , not be entertained by the Assembly,' whereas the Council hn,s always asserted, by resolution and le otherwise, that it has power to amend n.ll Bills in such manner aB is deemed expeclient in all cases fI whatsoever, and has virtually decided that the Privy Council's decision did not affect the Council's " powers to so amend Bills." Debate ensued. Amendment, by leave, withdrawn. Qllestion,-That this Bill be now read a first time,-then put and passed. Bill read a first time. Ordered, that the second reading stand an Order of the Day for 'l'uesday next, and that the Bill in the meantime be printed.

11. COAL MINES REGULATION BILL ,-Ul,on the Order of the Day being read, the President left the Chair j and the House resolved itse1f into a Committee of the Whole £01' the further consideration of this Bill. The Chairman reported progress, and obtained leave to sit again on Tuesday next.

The House adjourned at six minutes after Nine o'clock, until 1.'uesday next at Four e'clock p.m.

JOHN J. CALVERT, Ole1·k of the Pa'l'liaments.

NOTICES OF QUESTIONS AND MOTIONS AND ORDERS OF THE DAY.

TUESDAY, 27 NOVEMBER.

GOVERNMENT BUSINESS-ORDERS OF THE DAY :-

1. Labour Settlements Acts Further Amendment Bill (No. 2); second reading. 2. Coal Mines Regulation Bill j to be further considered in Committee.

GENERA.T~ DUSINESS-ORDER OF TUE DAY:-

1. George Hill's Estate Bill j third reading.

WEDNESDAY, 28 NOVEMBER.

GOVERNMENT BUS INE SS- ORDER OF THE DAY:-

1. Crown Lands Bill; second readiog.

[3d.]