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tion be put, and his proceedings met with the entire sanction of the Secretary of State. Without touching upon the matter here-- you all see what is in the papers--I may say the motion the hon. member sent to the Clerk of Councils referred to a series of papers which he himself had transmitted, through the Governor, to the secretary of state. The hon. member had exercised his undoubted right of communicating with the secretary of state, of appealing to the decision of the secretary of State. It is the right of every member of this Council and of every one in this colony to appeal to the secretary of state, but when that appeal is made, and before the Secretary of State decides upon it, the secre tary of state as it were representing the Crown. no one can move for those papers or bave any debate or discussion upon the subject. To move for a series of documents which could not be produced without the consent of the Crown being signified would be irregular and out of order. The words in May's Parliamentary Practice are "a motion will be irregular and out of order which requires the assent of the Crown which had not been signified." I may state that the whole of the correspondence is now before the Secretary of State. The hon. member addressed three letters, at different dates, to the Earl of Kimberley, with a vast mass of enclosures. All these papers have duly been sent forward to Lord Kimberley. Two other gentlemen concerned also thought fit to address the Earl of Kimberley. One of them wrote two letters to the noble Lord, and the other wrote one. These papers have all gone to the Earl of Kim- berley. For my part I think the hon. member would have acted more wisely in not endeavour- ing to cominit what turns cut to be an irregul arity and breach of order, but in awaiting the decision of the high official to whom he had appealed. The Earl of Kimberley is a states. man of great experience in Colonial affairs. He has before him in his office the correspon- dence for this Colony of the year 1859, in which somewhat similar personal matters are referred to. He has bad great experience of the Colonies, and for my part I have the most entire confideneé in the decision which he will give upon the case submitted by the hon. member. It would be improper to permit any one whatever at the Council table to take a course the effect of which would be endeavouring to appeal from a decision (absolutely not given) by the secretary of state to song other tribunal. It may be said, and I know matter of fact it has been said, that the motion contempleted on this occasion would probably not have met with a seconder and there would have been no inconvenience, be- cause it would have fallen to the ground. But I am bound to follow the precedents I find in my office for my guidance, and finding that in the case of a notice of a motion of a similar character the Lieutenant-Governor then in charge of the Governnent refused to allow such a motion to be put, I felt it my duty to follow that prece- dent, which is not only a wise precedent in this Colony, but the practice in England.
Hon. F. B. JOHNSON-Would you kindly favour me with the precedent to which you refer, sir? With regard to the English precedents which you alluded to it appears to me they have to force whatever with regard to refusing to place my motion on the Order Book. Bu have no wish to carry on a discussion on that point, but 1 ask your Exceliency to take note I record my protest against a refusal to put on the notice paper notice of motion which I made in due form in accordance with the standing orders. I wish also to ask your Excellency whether it be not the case that the instructions to the Governor with regard to notice of motion is not that any member may move any motion in this Council which he puts in due form on the Order Book.
His EXCELLENCY--If the hon. member asks whether any question, if regular and in ordet, can be put, certainly it can; but if he means that a question is irregular and out of order can he put, the answer is that it cannot. With referrence to the question of a protest 1 take the opportunity of mentioning that the secretary of State ex- pressed the opinion that the member in question in the year 1859 acted very wrongly in using the book ofthis Council for entering a protest on a sub- ject in which he discussed the point which it would
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have been irregular to discuss in public Council, and, furthermore, he went on to say, "it was still more unjustifiable if it is true that the honorable member communicated his protest to the local papers, thereby aggravating the tendency to personal controversy which has been So detrimental to the colony." Therefore I have only to advise the hon. gentleman to await the deci sion of the secretary of State, not to endeavour! to force a motion that he must know is out of order upon the attention of what is, I believe, a most unwilling Council.
Hon. F. B. JOHNSON again rose.
His EXCELLENCY--The question had better be at an end.
Hon. F. B. JOHNSON--Does you Excellency refuse to record my protest?
His EXCELLENCY-I have read what was writ- ten about the former case. If the hon. member ehooses to send in a protest to the Clerk of Coun- cil, the usual course is that the Clerk submits it to the Governor, and if it be sent in I shall give it my favorable consideration, with great anxiety to have any protest inserted in the book of the Council, but bearing in mind the precedent esta- blished by the secretary of State I can only say as long as the Crown has not decided upon this matter, no attempt can be fairly made by any member of Council to bring a question undecided by the secretary of State under the notice of Council,
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Hon. F. B. JOHNSON-I still desire to give notice of my protest, which I shall make within three days in accordance with the standing orders. Hon. P RVRIE--I hope this refusal of a pro- test may not be going back to old times. I should regret exceedingly anything of that kind. I have seen something of the kind even in my history. I have never known a protest refused or objected to by the President of Council.
His EXCELLENCY-1 remember the case to which my hon. friend refers, that is, I have seen it. It was one in which a protest made by my hon. friend was objected to, and I may say to my hon. friend, Mr. Ryrie, I think the protest ought to have been received. I entertain no doubt whatever about it. The matter at present is in this position, that the hon. member has given notice of his intention to lodge a protest; until that protest is actually seen, and until I can ascertain how for it is consitent with the views expressed by the secretary of State with regard to a former protest, I cannot express any opinion upon it. My hon friend Mr. Ryrie will bear in mind the difference between the protest he lodged, which was strictly pertinent to the business before the Council as far as i remember it referred to the estimates and to that protest objection was then taken by Mr. Smith, the Acting Colonial secre- tary, I think, but at all events I have no doubt ny hon. friend was night in making the protest, and it was in proper form; but this a different matter as my hon. friend can see, and all I can say is that when the protest comes before me I will, of course, to the best of my judgment, ascertain how far I would be justified in giving the widest possible interpretation to the dispatch of the Secretary of State on the subject.
Hon. F. D. JOHNSON-Your Excellency will not fail to recollect the subject upon which 1 addressed the Secretary of State was whether or not a meeting of the Council should he held--- His EXCELLENCY-The hon. member cannot
go into that. As a matter of fact the documents all of which he sent to the Secretary of state for the decision of the Secretary of State.
FINANCE
The ACTING COLONIAL SECRETARY Moved the approval of sundry small payments in excess of the estimates of 1881 which had been passed by the Finance Committee.-Passed.
PAPERS.
His EXCELLENCY-1 lay on the table some dis- patches in addition to those on Emigration, one relating to the Estimates, the Normal school, the Central school, and sound others that I have been pushing forward; they are being printed and the inoment they are ready they will be circulated.
His EXCELLENCY then adjourned the Council until half-past two o'clock this (Wednesday) afternoon, when the Tramways Bill will be taken into consideration.