PARLIAMENT.

Gisborne Times, Volume XXVII, Issue 2664, 20 November 1909, Page 5

PARLIAMENT.

HOUSE OF REPRESENTATIVES.

HOSPITALS AND CHARITABLE

INSTITUTIONS BILL

rp E it Press Association-! WELLINGTON, Nov. 19 After midnight on Thursday, the Hospitals Bill was reported with amendments, and the House rose at 1.20 a.m.

OLD SOLDIERS’ CLAIMS. At the afternoon sitting to-day, the Petitions Committee recommended the Government to institute an inquiry into the claims of old soldiers. The Premier said that the Government intended to set up an authority in each district to enable each case to be reported on by Magistrates, in order to have them settled next session. Replying to Mr. Jennings, the Premier said he "would consider the question of granting war medals to old soldiers entitled to them. GOVERNMENT BUSINESS. It was decided that on and after Monday, 29tli November, the House should meet on Mondays for Government business. JACKSON’S HEAD LIGHT. The Hon. G. Fowlds stated that new lighting apparatus would be installed at Jackson’s Hoad. RETRENCHMENT AND THE CROWN SUITS ACT. The House went into Committee of Supply. . . Mr. Musscv asked the Premier to state, what system was being followed in the matter of retrenchment.. Ho hoped that every information would be forthcoming as to what had already been done. Her urged an amendment of the Crown Suits Act to enable State Departments to be. sued like private individuals. The Premier replied that tho retrenchment scheme was not yet complete, and it was impossible to give all the details of the retrenchment scheme. Referring to the Crown Suits Act, the Premier said that the tendency to muitiply suits against State Departments must he guarded against".. Juries were generally in favor of individuals as against the State, and if the way was opened to these suits, the country would have to pay a heavy cost, lno Government had no intention to make any material alteration in the Act in the way of allowing Departments to be sued by individuals without permission of the Crown. Mr.\ Herdmiui contended that when the Government entered into business and competed against individuals it should be put upona the same level as the latter. Referring to the proposed alteration of the superannuation scherno Mr. Herdnian said that civil servants might have been consulted before such a radical amendment was made, Mr. Baumc said that ho was of the sumo opinion as Mr. Herdman in regard to the Crown Suits Act. It would he an infamous thing that if a man was injured while working for a State Department the- Government were not to be held liable. . .. . Tho Premier, in reply said that if the demand were acceded to, all sorts of absurd lawsuits would bo brought against the State. Mr Massey, continuing the discussion.. urged that the Premier’s, arguments were weak. If Juries wero. biassed in favor of individuals as against tho State, actions could bo decided by si indgo. To debar such suits was an, act of tyranny such as no free people should submit to. Numerous petitions bad been received by Parliament from people duo to( the fact that the petitioners could not obtain justice in a court of law. Messrs Field, Hanan, and Wright expressed disappointment at the Government’s attitude in regard to the Crown Suits Art. . The House at tho evening sitting wont into consideration of Class I. of the Estimates.

THE CROWN SUITS ACT—AN OP* POSITION AMENDMENT. Legislative Department—Salaries and other charges, £1350. Mr. Massey moved the rcdutitior. of the vote by £5 as an indication that the Crown Suits Law should be amended to allow persons pr firms to recover compensation against the State in cases of injury for which the State • Departments are responsible. ■» Messrs Luke and McLaren referred to the case of Barton, the Wellington t am driver, who, though injured for life by a State coal motor, had received' no compensation. Messrs Fisher and Poole supported the amendment. The Premier replied that the responsibility lay with the City Council to compensate Barton. The t»ovcrnment> always paid, compensation to .workers injured in its employ. ThefUouncil should have paid compensation to Barton and then taken action ag/ainst the Government. Mr. Baume having supported the amendment, the Hon. R. McKenzie said that no member could cite a case in which any person had an equitable claim against the Government without receiving compensation. To open the door to blackmailers would be a mistake. Mr. Fisher held: that the Government ought to be liable for compensation in such cases as Barton’s. The .case was barred in the Supreme Court under the Crown Suits Act. _ The Premier said that the result of the adoption of the amendment would be the closing of the State coal yards. If every’ man employed therein could bring action against the State, then the State yards would be handicapped as against private coalyards. On the amendment being put it was lost by 29 to 23. The following is the division list: — Noes: Arnold, Buxton, Carroll, Clark (teller), Colvin, Craigie, Davey, Dillon, Ell, Fowlds, Graham, Hall, Hogan (teller). Hogg, Jennings, Laurenson, R. McKenzie, T. Mackenzie, Ngata. Parata, Poole, Reed, Ross, Seddon, Smith, Stallworthy, Rangihiroa, Ward, and Witty. Ayes: Anderson, Baume, Buick, Dive, Fiteld, Fisher, Fraser, Guthrie, Hardy (teller), Herries, Hine, Lang, Luke (teller), McLaren, Malcolm, Mander, Massey, Newman, Noswortby, Pearce. Phillipps, Scott, T. E. Taylor, G. Thomson, and Wright. ANOTHER AMENDMENT DEFEATED. Mr. Fisher then moved that the item £1695, House of Representatives, be reduced by £4 as an indication that constitutional principles should not be violated as they were in connection, with the payment to the Chief Justice over and above his salary for services in revising the statutes. Mr. Herdman supported the amendment, and said that the administration of justice should be preserved from any possibility of dependence on political parties. Mr. Baume was opposed to the appointment of a political ch ef to the Bench. Appointments should he made automatically, according to seniority on the Bench. Mr. Masser drew nttent’on to the British and New Zealand law. which, prohibited the increment of salaries of judges. The Chief Justice, he said, had been unwise to accept payment for his services on the Native Land Commission. but the Government was more blameable than Sir Robert Stout. - The Premier defended the appointment of the Chief Justice to the Native Laud Commission, because of bis position and knowledge of native legislation. The amendment was lost by 30 to 23. THE SAVING BY RETRENCHMENT. The Premier made a statement showing the amount of saving effected by the retrenchment scheme. He said that the estimates showed a decrease of £62,402 compared with last year. In working railways there was an increase of £23,192, but there were 212 extra miles of railways. Mr. Massey said that the Premier had supplied more information that night than during the session. Still more was required, and he suggested that when each class of the Estimates was being considered, the number of men retrenched there and the'amount saved should be stated.

(Left Sitting.)