I
Le service should be in writing, and therefore a ference was made to the secretary of State. will not read the whole of what I lay before you, but you will find here an extract on the subject from a dispatch of mine to the Earl of Kimberley, with which I need not trouble you, but then follows the decision of the Secretary of State. He says "I have to acknowledge receipt of your dispatch enclosing letter from Captain Thomsett relative to the difficulty that has arisen as to his duties as emigration officer. The main point at issue appears to be what is a contract of service, and I agree generally with you in thinking it is not necessary every such contract should be in writing." The main point is thus decided and the rest of the dispatch hon. members will have the opportunity of perusing.
THE STATE OF THE ROADS.
Hon. F. B. JoHNSON-The next question I have to put is as to the state of theroads, to which you have already alluded. You have expressed your opinion that the roads were in an extremely satisfactory stato. Now, that was not the opinion of the members of this Council in Finance Com mittee in August last, and from my own obser- vation and the observation of all those who have had experience of roads, their condition is very much the same as it was then, excepting that the i weather is now dry and we don't experience the inconvenience so much. I am afraid your Ex- cellency has not been recently in the neighhour- hood of East Point. It is now nine months ago since I called your attention fo the fact that along aportion of the Prayain that direction the road was a foot higher on one side than on the other. I can answer for it that nothing has been done to this road since I returned to the Colony in March last. As 1 described the road, it is at least three quarters of a foot higher at one side than at the other. There are water courses running down it transversely, it is dangerous for vehicles, and there are holes in which any horse might stum- ble. I am sure the surveyor-General has not been on that part of the road or he would have observed this.
His EXCELLENCY said he might point out to his hon. friend as a point of order, that the ques- tion was upon the paper, and it ought to be asked in the form in which it there appeared. It was not in order that there should be a speech made in putting a question. The actual rule in the House of Commons and in Parliamentary practice was that all questions should be limited as far as possible to matters connected with the business of Farliament, and not put in such a way as to bring out opinion, argument, or inference. They had now beard a certain amount of opinion, argu- ment, and inference very well stated, but it was not in accordance with Parliamentary practice to do this in putting a question. He noticed in singapore, that the practice was same there as in the House of Commons. No arguments were allowed on questions. The hon. inember had asked his question, and he might say that the attention of the Acting surveyor-General was called to the minute of the Finance Committee, and that that officer was acting upon it. He (His Excellency) had inspected, as well as his lesiure would permit him to do, the work which had been performed, and he was bound to say, he was not dissatisfied with the way in which the work had been attended to. There had been a number of visitors in the Colony, who had been in various other colonies in different parts of the world, and they had all told him that in none of these colonies had they seen the roads in such good order as they were here at the present mo- ment. The hon. gentleman entertained one opinion, and he, representing the Government, entertained another. That gentleman was en- titled to entertain such an opinion and in a pro- per way might urge it upon them when the vote for Roads and Bridges came on. Mr. Bowdler's attention was called to the matter, and that officer had done all in his power to put the roads and bridges to a proper state.
THE WATER SUPPLY.
The Hon. F. H. JOHNSON asked "whether fi nal instructions have been received from the Co- Jonial Office with regard to the proposed exten- sion of water supply? He said it was almost necessary that he should make some observa- tions about the matter, as his Excellency had answered the question in part, and some expla- nation was necessary.
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His EXCELLENCY said that the answer he should give to the question was that the fimal instructions had not been received from the Earl of Kimberley. Since the sanitation of the Co- lony had been taken up by Mr. Chadwick, and until his report was considered by the Govern- ment, they could hardly expect to see the matter finally settled.
THE EDUCATION COMMISSION.
The Hon. F. B. JOHNSON then asked why the sittings of the Education Commission, nominated on the 27th August, 1880, have been suspended, and when they will be resumed?
His EXCELLENCY said the practice had been. for the Chairman to call the meetings. He had the honour of appointing the Commissioners, and Dr. Stewart was the Chairman.
Hon. F. B. JOHNSON said a resolution was passed in september that the Commission should mect every Saturday. Whose fault it was that no meetings had been called lately he did not know.
The ACTING COLONIAL TREASURER said it was supposed Dr. Stewart was Chairman of the Commission as Colonial secretary er officio. It might possibly before that reason that no meet- ing had been held subsequently, He (the speaker) as Acting Colonial secretary, presided at one meeting at Dr. Stewart's request. In the next place the meetings were postponed in order that a large mass of the reports from the school mas- ters might be printed."
His EXCELLENCY said he had received no communication on the subject from Mr. Stewart. The moment the change took place in the Colonial Secretary's Office he took steps to ap point him a member of the Commission-he had already been an ex-officio member--but no com- nunication had been received as to the question of chairmanship. What he would suggest was that, as usual, the Committee appoint their own chairman and proceed as quickly as possible to
business,
THE POINT OF ORDER.
Hon. F. B. JOHNSON-The point of order to which I wish to refer relates to the order of our proceeding to-day. On the 4th instant, Saturday last, I gave notice to the Clerk of Councils of a resolution I should move at to-day's meeting.
His EXCELLENCY-The hon. member was in- formed by the Clerk of Councils that the motion to which he refers was irregular and out of order and could not be placed on the Order Book. That was in accordance with Parliamentary precedent. A motion which, owing to its irregularity or deviation from order, could not be put to the Council is a motion that connot be entered in the Order Book, nor, for very obvious reasons, can any discussion upon that motion be indulged in or allowed. As regards the precedents at home, I need not refer to them, you are all familiar with what has taken place: but here in this Colony, we have a precedent to which may briefly refer. It was a case which occurred some years ago in which a similar notice of motion was given. Without entering into details, I may say the notice of motion to which the hon. meni- ber refers, I see was in the moming paper. Here it is at full length. I would venture to point out that this, I presume, has been sent to the papers by the hon. member. Well that is, I don't say out of Order, but it is not quite in accordance with the decorum pt the Council. It is not usual for an hon. member to send to the papers a paragraph headed "Legisla tive Council," and then give the motion he in- tends moving The fact is, as the speaker of the House of Commons is entrusted with the delicate task of seeing no notice appears which is out of order, so the Governor is entrusted with the same duty here, and one who occupied this chair years ago, I think it was in 1859, found it necessary to decline to allow a similar motion to be put-fortunately there are very few precedents of any motion of this kind, and it took us some time to discover if any such motion had ever been brought forward before; it was dis- covered by the Clerk of Councils. It was a mo- tion moving for papers where some member of Council, or some one else, had addressed a letter to the secretary of State, and before the reply of the secretary of State was received, any attempt to move for the production of the papers was held to be out of order, and the Lieut-Governor who was then in the chair declined to let the mo
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