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The Cyclopedia of New Zealand [Wellington Provincial District]

Legislative Council

Legislative Council.

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The Legislative Council of the General Assembly is analogous in its powers and functions to the House of Lords in the British Legislature. It is the second of the three estates; the Governor representing the First Estate or Royalty, and the House of Representatives being a copy of the House of Commons or Third Estate. In the early days of Representative Government in New Zealand, after the granting of the Constitution Act by the Imperial Government in 1852, the Council was nominated by the Governor. This Act provided that the General Assembly should consist of not less than ten members, appointed for life, five to form a quorum. As a matter of fact fifteen Councillors were appointed, and as Auckland was then the seat of Government, and the means of travelling were of the scantiest in those days, the Governor nominated seven Auckland merchants and landholders out of the fifteen to the first Council. Auckland was then more distant from the Southern provinces, as far as facilities for travelling Mere concerned, than Western Australia is now. An effort was made by an enterprising English firm about 1854 to introduce steam navigation in the Colony, and a steamer about 800 tons, the Nelson, was sent out for Messrs. A. Fell and Co., of Nelson, to experiment with. A few months' experience convinced this firm that the high price of coal and the limited number of travellers precluded any possibility of even so small a steamer, with the whole of the coastal trade of the Colony, paying her way, and she was sent back to England, and members in those days had to take their chance of a trading schooner or a brig to get to their legislative duties and back home again. Instances occurred where the shortest route from Lyttelton to Auckland or other ports was by taking a passage by a regular trader to Sydney, and there finding a vessel for the desired port. Therefore, the geographical position of Auckland, and its consequent power owing to the seat of Government being there, was detrimental to the well-being of the rest of the Colony, and was very frequently alluded to as analogous to the Imperial Parliament holding its sessions at the Orkney Isles before steam navigation or railways were invented. This being so, the Auckland members of the Upper House were always in a majority. As time went on and Responsible Government asserted its powers and privileges year by year, the appointments to the Council still remained nominally with the Governor, but became really the patronage of the Ministry, which departure was strictly in keeping with the spirit of the Constitution Act. There has never been any fixed rule as to the qualifications of members or of their number, but previous to 1891 there was a sort of unwritten law in force which followed the lines adopted by the British Legislature, and the appointees to the Council were invariably selected from colonists who either represented property, or had sat in the House of Representatives for several sessions and qualified themselves for the elevation, or had rendered good service to the State; but, generally speaking, it was the landed interest which was first considered, and each provincial district was, as far as circumstances and eligibility of persons would permit, represented fairly. After the Amendment Act of 1891 these conditions were qualified considerably, and a number of gentlemen were called to the Upper House chiefly on the grounds that the Labour legislation then being introduced in the Popular Chamber would be inoperative unless assisted by a strong party of sympathisers in the Upper House. Considerable friction arose between Lord Onslow and the Government of Sir H. Atkinson as to how far his powers of veto could prevail in refusing to call several members to the House at once, and the matter, after due deliberation by the Secretary for the Colonies, resulted in acknowledging the right of the colonies to act in accordance with its own opinions as to what was best for it, and although the Governor has still a power of veto in this matter, the will of the people, as expressed by the Government of the day, is supreme.

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The functions of the Legislative Assembly are, as stated above, based on the lines of the House of Lords. The Council can originate or reject Bills or propose amendments, except in the case of Money Bills. The extent of its privileges is considerable, but hardly admits of legal definition. Its powers in dealing with what are commonly called Money Bills is one of the most important and difficult of constitutional questions, and leads to frequent disputes between the two Houses of Parliament, not only in New Zealand, but in all other colonies enjoying Constitutional Government. The disputes generally arise from the vagueness of the definition of what a Money Bill is. Frequently Policy Bills which embody the intentions of the Representative Chamber with respect to money matters have been so amended as to trench upon what the Popular Chamber considered to be its exclusive rights and privileges. By constitutional law and practice it is held to be the right of the representatives of the people to impose taxes and provide the supply. But
Photo by Mr. T. Pringle. Interior Of House Of Representatives.

Photo by Mr. T. Pringle.
Interior Of House Of Representatives.

as many Bills of a general character involving questions of general public policy of a highly important and often novel character containing money clauses frequently come before the Upper Chamber for consideration, it has been maintained that it would take away the usefulness of the Council if it could not duly consider and amend its provisions. The relations between the two Houses are therefore constantly liable to dispute between them, but these disputes have never, as yet, led to a deadlock such as has been experienced in other colonies with disastrous results. Differences of opinion between the two branches have always been settled by the appointment of “managers” from both Houses to discuss and compromise the differences, and a good feeling has consequently always been maintained. Members receive an honorarium of £150 per annum, and by the Act of 1891 the appointments are for seven years instead of life. During the session the ordinary sitting days are from Tuesday till Friday, but towards the end of the session the sittings are guided by the exigencies of time. The present number of members is forty-five, the Speaker being the Hon. Henry John Miller.
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Members Of The Legislative Council
With Dates Of Their Appointment.

Name of Place   Appointed
Acland, Hon. John Barton Arundel Canterbury 8th July, 65
Baillie, Hon. William Douglas Hall Marlboro' 8th Mch, 61
Barnicoat, Hon. John Wallis Nelson 14th May, 83
Bolt, Hon. William Mouat Otago 15th Oct. 92
Bonar, Hon. James Alexander Westland 27th June, 68
Bowen, Hon. Charles Christopher Canterbury 23rd Jan. 91
Buckley, Hon. Sir Patrick Alphonsus, K.C.M.G., Wellington 25th July, 78
Feldwick, Hon. Henry Otago 15th Oct. 92
Grace, Hon. Morgan Stanislaus, C.M.G., Wellington 13th May, 70
Holmes, Hon. Mathew Otago 19th June, 66
Jenkinson, Hon. John Edward Canterbury 6th June, 93
Jennings, Hon. William Thomas Auckland 15th Oct, 92
Johnston, Hon. Charles John Wellington 23rd Jan. 91
Kelly, Hon. Thomas Taranaki 15th Oct. 92
Kenny, Hon. Courtney William Aylmer Thomas Marlboro' 15th May, 85
Kerr, Hon. James Westland 15th Oct. 92
MacGregor, Hon. John Otago 15th Oct. 92
McCullough, Hon. William Auckland 15th Oct. 92
McLean, Hon. George Otago 19th Dec. 81
Miller, Hon. Henry John Otago 8th July, 65
Montgomery, Hon. William Canterbury 15th Oct. 92
Morris, Hon. George Bentham Auckland 15th May, 85
Oliver, Hon. Richard Otago 10th Nov. 81
Ormond, Hon. John Davies Napier 23rd Jan. 91
Peacock, Hon. John Thomas, Canterbury 3rd June, 73
Pharazyn, Hon. Robert Wellington 15th May, 85
Pollen, Hon. Daniel Auckland 12th May, 73
Reynolds, Hon. William Hunter Otago 6th May, 78
Richardson, Hon. Edward, C.M.G. Wellington 15th Oct. 92
Rigg, Hon. John Wellington 6th June, 93
Scotland, Hon. Henry Taranaki 24th Feb. 68
Shephard, Hon. Joseph Nelson 15th May, 85
Shrimski, Hon. Samuel Edward Otago 15th May, 85
Stevens, Hon. Edward Cephas John Canterbury 7th March, 82
Stewart, Hon. William Downey, Otago 23rd Jan. 91
Swanson, Hon. William Auckland 15th May, 85
Taiaroa, Hon. Hori Kerei Otago 15th May, 85
Wahawaha, Hon. Major Ropata, N.Z.C. Auckland 10th May, 87
Walker, Hon. Lancelot Canterbury 15th May, 85
Walker, Hon. William Campbell Canterbury 15th Oct. 92
Whitmore, Hon. Sir George Stoddart, K.C.M.G. Hawkes Bay 31st August, 63
Whyte, Hon. John Blair Auckland 23rd Jan. 91
Williams, Hon. Henry Auckland 7th March, 82
The Hon. Henry John Miller, M.L.C., Speaker of the Legislative Council, is the second son of the late Rev. Sir Thomas Miller, Bart., of Hampshire, England. Born at Froyle, Alton, Hants, in 1830, and educated at Eton, the honourable gentleman came out to Otago, in 1860, per “City of Sydney,” from Sydney. Since settling in New Zealand, Mr. Miller has been largely interested in pastoral pursuits in the Oamaru district. He has also taken a considerable interest in the coal-mining industry, being a shareholder in the Westport Coal Company, one of the most extensive West Coast mines. He has long been a director, and is now chairman of the Company. The subject of this notice first entered the political arena in the days of Provincial Governments. He represented Oamaru in the Otago Provincial Council, and for about
The Hon. Henry John Miller

Photo by Kinsey

two years held office in the Provincial Executive as secretary for Public Works. He was called to the Legislative Council by the Weld Ministry on the 8th of July, 1865. The honourable gentleman held office as a member of the Fox-Vogel Government, with a seat in the Executive Council in the year 1872. He was elected speaker of the Council on the 8th of July, 1892, as successor of the late Hon. Sir H. A. Atkinson, K.C.M.G. Mr. Miller was married on December the 15th, 1864, to Miss7908 Jessie, daughter of the late Mr. John Orbell, Hawkesbury, Waikouaiti, and has five sons and one daughter living. The two elder sons are engaged in sheep-farming in the Wellington Provincial district.
Captain the Hon. William Douglas Hall Baillie, M.L.C., Chairman of Committees of the Legislative Council, comes of an old Scotch family settled in County Down, Ireland, whose sons have been prominent in the Imperial Service. His father, a lieutenant in the 23rd Fusiliers, was a Waterloo veteran, and afterwards became Commissioner of Crown Lands at New Brunswick, and his grandfather, a captain of the 51st Foot, was present at the Battle of Minden. The honourable gentleman was born in Canada, New Brunswick, on the 22nd of February, 1827, and was sent to Woolwich to receive a military education. At the age of eighteen he entered the British Army as an ensign in the 24th Foot, and went with his regiment to India, where page 97 he was for six years, serving under Lord Gough and Sir Colin Campbell (Lord Clyde.) Ensign Baillie was in the Punjaub Campaign of 1848-9, and was present at the battle of Chillian Wallah, when his regiment was much cut up by the sheikhs. Six weeks afterwards the English had their revenge, being successful at Guzerat in dispersing the Sheikh army under Chuttur Sing. At the end of 1853, the subject of this notice returned to England, and obtaining promotion to the rank of captain in 1854, was for three years employed on the staff in the Old Country. In 1857 Captain Baillie came to Nelson, per ship “Oriental,” and settled in the Wairau, where he remained for many years. He afterwards disposed of his run of 5000 acres, and settled on his estate near Picton, where he still resides. The honourable gentleman has for over thirty years been connected with the volunteer movement, and for the greater portion of that time he has been Colonel Commandant of Marlborough Volunteer Forces. In 1881 he accompanied the expedition to Parihaka. Captain Baillie's political history commenced in 1861, when he was returned as a member of the Marlborough Provincial Council, in which he sat till the abolition in 1876. He was the second superintendent of the province, holding office in 1862-3, and afterwards for some ten or twelve years he was the Speaker of the Council. The honourable gentleman was appointed a member of the Legislative Council in 1861, and is the senior member of the Council. He has held the position of chairman of Committees for some twelve or fifteen years. Captain Baillie has ever taken a keen interest in local politics; he was several times chairman of road boards, and has held many other offices, being a member of the Marlborough Education Board for nineteen years. For many years he was an active member of the Marlborough Agricultural Society. Captain Baillie was married in 1854 to Miss Greensill, daughter of Major Greensill, Commissary of Ordinance in the Imperial Service. He has two daughters and three sons. His daughters are married to
Captain the Hon. William Douglas Hall Baillie

Photo by Kinsey.

Messrs. E. B. Brown, M.A., solicitor of Wellington, and Charles W. Brown, runholder of Shannon. His eldest son is chief clerk to Messrs. Brown and Dean, solicitors of Wellington, the second is a farmer, and the youngest is at College.
Mr. Leonard Stowe, Clerk of Parliaments, Clerk of the Legislative Council, and Examiner of Standing Orders on Private Bills, has for thirty years been an officer in the Parliamentary Buildings. Born at Trolly Hall, Buckingham, Mr. Stowe was educated partly at Iffley, near Oxford, and later at the celebrated Rugby School, when Dr. Goulburn was headmaster. Coming to the Colony in 1858, per ship “Lady Alice,” to Nelson, he had some years' experience of station life under Mr. A. P. Seymour, of the Wairau. In 1863 he was appointed secretary to Mr. Thomas Carter, then Superintendent of the Province of Marlborough, and afterwards acted under Mr. Seymour when that gentleman was raised to the Superintendeney. Mr. Stowe was clerk to the Provincial Council of Marlborough in 1864. A year later he was appointed clerk of the Legislative Council, a position which he has filled from that time. On the retirement of Major Campbell, in 1889, Mr. Stowe was appointed clerk of Parliaments, and the position of examiner of Standing Orders on Private Bills was conferred in 1888. Mr. Stowe has filled many other offices during his career. In the days of Provincial Councils he was returning officer for some of the the Wairau districts, and in 1894 he held the important position of Secretary to the first Postal Conference held in New Zealand. Though occupied with his important public duties, Mr. Stowe has invented a very ingenious machine, which is known as “Stowe's Patent Calculating Machine.” This was exhibited at the Melbourne Exhibition of 1881, and received honourable mention. There is reason to believe that the totalisator and page 98 other machines are based upon the principle of Mr. Stowe's invention. In 1871 he married Miss J. Greenwood, daughter of Dr. Greenwood, late Sergeant-at-arms of the House of Representatives, and formerly headmaster of Nelson College. His family consists of two sons and two daughters.

Mr. Arthur Thomas Bothamley, Clerk-Assistant to the Legislative Council, whose father was a member of an old-established firm of London solicitors, was born on the 30th of November, 1846, at Champion Hill, Surrey, and was educated at Temple Grove, East Sheen, and at Blackheath Proprietary School. In 1868 he sailed for Melbourne in the “True Briton,” intending to return shortly to the Old Land. Having crossed over to New Zealand on the way back, after visiting Tasmania, he decided to remain in the Colony. On the 11th of March, 1871, Mr. Bothamley was appointed clerk to the Flax Commissioners, and in the same year obtained employment in the Legislative Council Office. He steadily rose in the service, and on the 1st of September, 1878, was appointed to his present position. Mr. Bothamley was acting-clerk of the Legislative Council in the session of 1886, during the absence of Mr. L. Stowe, and received a unanimous vote of the Council in commendation of his services. In 1876 Mr. Bothamley was secretary to the Philadelphia Exhibition Commission, and went to America in charge of the exhibits. He has sub-edited the transactions of the New Zealand Institute since the publication of the third volume in 1871. He also sub-edited the journals of the Christchurch meeting of the Australasian Association for the Advancement of Science, in 1891, which were edited by Sir J. Hector. Mr. Bothamley, who is an ardent canoeist and photographer, is a member of the Royal Canoe Club the Tainui Canoe Club (of which he is mate), and of other clubs and societies. In 1876 Mr. Bothamley married Elizabeth, daughter of the late Mr. Thomas Poulton, of Leavesden, in Essex, and has five sons and one daughter.

Mr. George Moore, Second Clerk Assistant to the Legislative Council, was born in 1841. His father, the late Mr. John Moore, came out with his family to New Zealand in 1853, per ship “Constantine,” and settled at Waikaraka, on the East Coast, as a sheepfarmer. Mr. Moore joined the Legislative Department in 1874, when he was first employed as an extra clerk to the House of Representatives. After an experience of a year he was selected by Major Campbell, clerk of the Parliaments, to take the duties of reader, and in 1876 he became clerk of Bills and Papers, and Record Clerk. He was appointed second clerk assistant to the Legislative Council by the late Sir John L.C. Richardson in 1878.

Mr. Henry Samuel Hadfield, Interpreter to the Legislative Council, is the eldest son of Bishop Hadfield, of Marton. Born at the mission station at Otaki in 1853, the subject of this notice had opportunities of acquiring a thorough knowledge of the Maori language from his earliest days. At the age of sixteen he entered the Union Bank of Australia at Napier as clerk, and remained for ten years in the service of that bank. In 1879 he was appointed interpreter to the House of Representatives, which position he retained till 1883, when he was transferred to the same position in the Legislative Council. In the years 1880 to 1882 Mr. Hadfield acted under Sir Dillon Bell and Sir W. Fox, as interpreter to the West Coast Royal Commission, which did such splendid service in settling native disputes in the Egmont and Wanganui District. Mr. Hadfield is also interested in sheepfarming. In January 1895, he was married to Miss Bessie, daughter of the Rev. H. E. Tuckey, of Wellington.

Mr. Gustay Poll, Chief Messenger of the Legislative Council, was born in North Germany in the year 1848. He was educated in the “Vaterland,” and learned the handicraft of a blacksmith. With two sisters and seven friends he embarked on board the “Halcione,” Captain Bishop, for Wellington, arriving in the month of August, 1870. Mr. Poll conducted an hotel in Greytown, Wairarapa, for something like a year, and afterwards returned to Wellington, where he started for himself as blacksmith in the Royal Stables, shoeing all the horses used by Messrs. Brogden and Sons, who were at that time forming the railway line to the Lower Hutt. Unfortunately Mr. Poll had to give up business for a time on account of ill health, but after recovering he bought a coach and started to drive between Karori and Wellington. He was unfortunate, however, in meeting with an accident—by which he sustained a crushed ankle—which caused him eighteen months' cessation from work. On recovering sufficiently, in 1876, he secured an appointment as messenger in the House of Representatives, under the late Sir William Fitzherbert, which he retained for two years. When Sir William was appointed to the Legislative Council, in 1879, Mr. Poll was transferred to the service of that august assembly, in which he has remained, and risen to the position of chief messenger. Prior to his appointment to the chief messengership in 1893, Mr. Poll had for many years acted as custodian of the Parliamentary Buildings in the absence of Mr. Letham on his annual holiday. Mr. Poll continued as messenger when Sir Harry Atkinson was speaker, and in June, 1892, when that distinguished politician was stricken down, he died in Mr. Poll's arms in the speaker's room at the Legislative Council.