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of the Bill was stated in clause 2, which was as follows:

"Except as herein provided, after the passing of this Act no tenement shall become servient to any other in respect of the access of either light or air, and no person shall have or acquire by prescription, grant, or otherwise any claim or right to the access of light or air to any land or building from or over the land of any other person."

Then, there were certain other provisions stating cases to which the law of prescription should not apply in this colony. He was not going into the early history of this kind of legislation, but he would say it must be admitted that this law should not be enforced

in New Zealand.

The Hon. W. DOWNIE STEWART said this was a very important measure, and it dealt with a branch of law which was of a very intricate character. A similar Bill was brought up some two years ago, he thought, but the question then was as to whether it should apply to lands held on behalf of Her Majesty. The Government refused to allow it to apply to such lands; and a Conference was held, of which he was one of the Managers. The Conference, however, would not give way unless the Bill was made general in its application that was, not only to private land, but to lands held on behalf of the Crown. He was glad this opportunity had been taken to extend the operation of the Bill generally. It seemed to have been carefully drawn by some one who understood the subject. Subsection (b) of section 2, however, he did not quite understand. It read, "Such grant shall provide that the benefit thereof shall inure for a term not exceeding twenty-one years and no longer." He supposed there was some reason for it, but he did not see why a person should not be able to make a grant of light or air for forty or sixty years. However, the Bill was in the right direction, and he was glad the Govern

ment had decided to introduce it.

Bill read the second time.

FIRST READING. Married Women's Property Bill.

S. J. JACKMAN.

Mr. JOYCE brought up a report from the Public Petitions Committee on the petition of S. J. Jackman, recommending that the petitioner be paid £200, and moved, That the report be referred to the Government for consideration.

Mr. GUINNESS thought the Government should give an expression of opinion on the matter, and they might give the House some information as to what they intended to do with regard to that branch of the service-the detection of fraudulent practices with regard to the revenue. Since Mr. Jackman's retirement no one had been appointed to carry on the services that gentleman had carried on most beneficially in the interests of the colony and the revenue. During the time he had been in office he had succeeded in convicting many persons who had been guilty of defrauding the revenue,

of £3,200. To show that this large sum was recovered to the revenue by his means, and that there must have been a great deal of fraud on the part of the persons against whom they the person pleaded guilty to the charge. If were levied, he believed in nearly every case that had been going on for years past, and no officer had been performing these duties since Mr. Jackman's retirement, the revenue must have been leaking a good deal in that direction. He made these remarks simply in the hope of getting some expression from the Government either that they would reappoint Mr. Jackman, if he was open for re-engagement, or some one else, to perform similar duties.

and had caused fines to be levied to the extent

Mr. WARD said, as the report had only just come down, it was somewhat unfair of the honourable gentleman to require the Government to give an expression of opinion on it until it had been considered by the Cabinet. It was undesirable that the honourable gentleman's remarks should go without correction on one point. From those remarks the assump

The Council adjourned at twenty minutes tion would be that since the retirement of Mr. past four o'clock p.m.

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Jackman from the position he held the duties alluded to by the honourable gentleman had not been carried on. He could inform the honourable gentleman, however, that such duties had been and were being performed all over the colony, and many cases of attempt been brought to light since that time; and at defrauding the revenue had in consequence there was now just as much desire on the part of the department to prevent loss of revenue as there was formerly. He could not express an opinion on the report, as it was a matter which must be considered by the Cabinet.

Dr. NEWMAN, as the member who presented the petition, would like to know if the Treasurer could—say, within a fortnight—give a reply on the matter.

Mr. WARD said that a decision would be Mr. SPEAKER took the chair at half-past arrived at within a fortnight and conveyed to two o'clock.

PRAYERS.

the House. Motion agreed to.

TOTALISATOR.

Mr. FLATMAN asked the Premier, If the Government will consider the matter of doubling the fees accruing from the totalisator, with the view of applying the proceeds to an old-age pension fund? He thought the time had come when every honourable member would recognise that this subject should be taken into consideration.

Mr. WARD thought that probably the honourable member would agree with him in saying that this was a matter which might with propriety be considered by the Old-age Pensions Committee which had been set up to consider such matters. It was open to question whether the proposal which the honourable member indicated could be given effect to, and he thought it right that the Committee

should consider it.

Mr. FLATMAN asked if the honourable gentleman would submit it to the Committee. Mr. WARD said, Yes; he would see that that was done.

INQUEST ON J. JOHNSON.

Mr. BUCHANAN asked the Minister of Justice, Whether he will cause inquiry to be made why the inquest on the body of John Johnson, who committed suicide in Masterton on 5th July, was hurried through on the same day, before a Justice of the Peace, during the temporary absence of the Coroner for the district, despite a telegram from the latter to the police officer in charge notifying his return in ample time to hold the inquest? He had postponed this question from the previous Friday. On that day he mentioned that, as far as he was able to see, the law had been broken in the matter of this inquest, because the Coroners Act made it illegal for a Justice of the Peace to hold an inquest until more than twenty-four hours had elapsed. He was also informed, upon authority he was bound to believe, that the unfortunate suicide's widow went on the day previous to the tragedy and told the police of the condition of her husband, urging that he should be looked after, in order that he might not do himself an injury; but the police took no notice whatever of what the woman told them, and did not go near the house until after the suicide took place the following day. He was also informed that then the police made use of abusive language to this unfortunate woman before several persons, asserting that she had been drinking the day before, and that they could not therefore take any notice whatever of her representations. He was informed that several witnesses were ready to testify to the fact that the statement of the police as to Mrs. Johnson not being in a fit state was entirely wrong. These statements should, of course, be investigated; but it was his duty to pass them on to the Minister as having been made by trustworthy witnesses, so that inquiry could be made by the proper officer, the Coroner for the district. He hoped the honourable gentleman would give a detailed answer to the question, because it was a matter of great public

importance that the police should be depended upon to do their duty in such serious cases.

Mr. CADMAN said the honourable gentleman, in asking his question, introduced quite a foreign matter. He knew nothing of the statements which the honourable gentleman had | made, and he would like him to say if the witnesses whom he referred to as credible were witnesses at the inquest.

Mr. BUCHANAN was informed that some of the jury were aware that the police had been previously asked to look after the unfortunate suicide; but they did not put any questions with regard to that at the inquest: in fact, he was informed that no mention whatever was made of this feature at the inquest.

Mr. CADMAN said, of course the credible witnesses mentioned by the honourable member were simply at present "the man in the street."

Mr. BUCHANAN said, No; the credible witnesses were those who were at Mrs. Johnson's house on the day of the suicide, and who heard what he had stated.

Mr. CADMAN had inquired into this matter, and, so far as he could see, no blame seemed to be attachable to any one, and there was no ground at present to attribute any improper conduct. The Justice of the Peace who held the inquest thought he was acting within the spirit of the Coroners Act in not waiting for the Coroner. For the information of the honourable gentleman, he would read to him the report of the police officer, Sergeant Henry McArdle :"Police-station, Masterton,

"12th July, 1894.

"Re Inquest on John Johnson, on 5th instant.
"I respectfully report that at 9 a.m. on the
5th instant it was reported that the man John
Johnson cut his throat, and, on visiting the
dead body with a medical man, I then pro-
ceeded in search of the District Coroner to
report to him.

Being unable to find him, I asked the Clerk of Court, Mr. Ibbetson, who told me the Coroner was in Wellington, but he did not know his address there. I then proceeded to find a Justice in order to report to him, and did report the matter to John Butement, Esq., & Justice of the Peace. I explained to him the Coroner's absence and my inability to correspond with him, and asked him, would he please appoint a time and place to hold inquest? He, Mr. Butement, appointed the time and place; and gave me a Coroner's warrant (the precept) to summon a jury. I obeyed my orders, and performed my duty. During this time I had two lunatic patients, who had to be examined by doctors, brought before a Bench of Justices, and forwarded to Wellington the same day: there was no Stipendiary Magistrate then here to adjudicate on this matter either.

"At 8.15 p.m., after the inquest on Johnson was over, I received the attached telegram from the Coroner, to which I was unable to reply, being then after hours.

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HENRY MCARDLE, Sergeant 82. "P. Pender, Esq., Inspector of Police, "Wellington."

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(Telegram.) I will return by morning train, and can hold inquest re Johnson at twelve -J. HUTCHISON, Coroner, Wellington. Sergeant McArdle, Masterton."

noon.

He had also received a letter from the foreman of the jury, which he would read. It was as follows:

"Masterton, 19th July, 1894. "SIR, AS foreman of the jury at the inquest on the body of the man John Johnson, and as one who has made it his duty to acquaint himself with the fullest information regarding the circumstances of the case, I feel it my duty to acquaint you with the facts, and to permit you, and honourable members of the House, to draw their own conclusion from those facts. The suicide of the man Johnson occurred about nine o'clock in the morning. The matter was reported to the police, who, knowing that the Coroner was absent in Wellington, and not knowing his address, and knowing also that there was no acting-Coroner in town, communicated the circumstances to Mr. J. Butement, J.P. The latter ordered that an inquest should be held at 2.30 p.m. the same day, and at that hour the whole of the witnesses were forthcoming. The evidence having been given, and the Coroner having asked for further evidence from outside parties in the name of Her Sovereign Lady the Queen, the jury retired, and, after being locked up for only a few minutes, returned the unanimous verdict that the deceased came of his death by his own hand whilst temporarily insane. It has since transpired that, under clause 12 of the Coroners Act, the inquest was held earlier than it should have been. If a technical breach of this section has been committed, I am convinced, Sir, and the public is convinced, that the sole responsibility rests with the Justice, and that the commission of such a breach was more than justified out of respect for public decency and for the feelings of the bereaved. The telegram from the Coroner, intimating that he would be returning on the following day, was not received until some hours after the holding of the inquest. As foreman of the jury, and as a resident of some years, I am surprised to think that such a matter should have been brought before the House. The ignoring of the member for the district, and the grossly unfair reference to the officers of the police, is convincing proof that the storm in a tea pot has arisen out of a desire to injure those officers of police who have to be subject to rebuffs and endure innumerable hardships in the execution of their duty. Apologizing for having trespassed thus far upon your valuable time,-I remain, &c.,

"ARTHUR VILE.

"The Hon. Mr. Cadman." So far as he could see, there was no blame attached to the police, or to anybody else connected with the matter. It appeared that this man's head was nearly severed from his body; it was rather a ghastly sight to be lying about, and it was decided to get rid of it as soon as possible, and nothing had transpired since to show that there was any further evidence

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which could alter the verdict that had been brought in.

Mr. BUCHANAN moved the adjournment of the House. The occasions on which he had done this during the last twelve years were few and far between, and his reasons for doing so now were that, although the sergeant of police had been informed by Mrs. Johnson of the state of her husband, he had never even gone to see whether her representations were correct or not. Surely, that was a great dereliction of duty upon the part of a public officer in such an important position. He was also informed that some members of the jury were aware of the police being told of the unfortunate state of Mr. Johnson; yet those members of the jury altogether ignored this very important feature of the case, and it was not even alluded to at the inquest. He was also informed upon good authority that the police used abusive language in Mrs. Johnson's house immediately after this unfortunate occurrence. Now, he was not there to charge the police of Masterton, or of any part of the Wairarapa, with what he did not believe to be true. He was just as much aware as any member of the House of the onerous duties which the police were frequently called upon to perform, and he would be the last to make charges against them which might prove to be unfounded; but, in the interests of the Masterton police themselves, surely there should be an inquiry into such a serious matter by the proper officer, so that if these charges were unfounded they could at once be disproved. The police should be the most anxious of any to see this matter cleared up, and he therefore hoped the Minister would institute an inquiry, in the interest of all concerned. He therefore asked the Minister whether he would cause an inquiry such as he had suggested to be made.

Mr. CADMAN said he had not the slightest objection to make the inquiry the honourable gentleman asked for; but he thought it was a very unfair thing to make charges against the police, at all events, without allowing them an opportunity of replying. The honourable gentleman had asked a certain question on a certain matter, and to-day he had virtually ignored that question, and had made complaint upon a totally different matter against the sergeant of police; and, as he had said before, the honourable gentleman had made the statement on the authority of the man in the street. Mr. BUCHANAN.-Oh, no.

Mr. CADMAN.-Well, there was nothing definite as far as the matter was concerned. If the honourable gentleman would make a definite charge, or wait till he got the Hansard report to see exactly what he had stated, he would be glad to have an inquiry into the matter; but he did not think it was fair to charge the police in the way the honourable gentleman had done, without, at all events, allowing the House to have an opportunity of hearing the other side of the question.

Mr. BUCHANAN asked whether the Minister would allow him to put one question. Did not the Minister consider the very fact of Mrs.

Johnson going to the police, and her serious statement with regard to her husband being hushed up in that way, a very serious matter, furnishing full justification for an inquiry? In a case of suicide, where it was always possible there might be foul play, they never could tell without inquiry what might underlie the

case.

Mr. CADMAN said it did seem a curious thing that Mrs. Johnson had never made a formal complaint in any shape or form; and another curious thing was that the statement now made by the honourable member had never appeared in the newspaper press.

stances attending it, that he had not been communicated with at all until within the last few days; and the reason he had received a letter on the subject was this: that a mistake had been made in one of the Wellington papers. He supposed the reporter for the newspaper could not realise the fact that the honourable member for Wairarapa should be taking an interest in Masterton affairs, and it had been stated in the paper that he (Mr. Hogg) had raised this question. Well, he certainly had not raised the question, because he was not aware of any grievance existing in Masterton with regard to the police, the Coroner, or anything that had occurred. Since then he had been asked why he had been mud-stirring, or ventilating or attempting to ventilate griev ances against the police or other public functionaries. He had replied that he was not in the habit of doing those things. If a complaint were made to him with regard to a sergeant of police, or a constable, or a Railway Stationmaster, or a Postmaster, or any other public official, he did not attempt to drag any mud across the floor of the House. He did not even go to Ministers, but he went in the first place to the individuals themselves, and endeavoured to make inquiry on his own account, and, if he found the explanation satisfactory, he did not go any further; he simply told the complainants that he had received a satisfactory explanation, and that the matter should go no further so far as he (Mr. Hogg) was concerned. He thought that was the proper method of dealing with business of this kind; because he would point this out to honourable members, and he thought it was a fact which the honourable member for Wairarapa was quite aware of: that, when an officer in the public service was attacked in the House, he was attacked in a somewhat mean manner

Mr. HOGG said the honourable member for Wairarapa was in his usual happy element. That was an element in which certain amphibious animals were to be found occasionally, in the shape of frogs and mud-larks. He did not know whether it was the outcome of a refined and a conscientious appreciation of the amenities of political life that had induced the honourable gentleman to move from his own district and to travel up to Masterton. At all events, in parading this matter before the House, he would like to know what fragment of the Masterton population the honourable gentleman was representing. He believed that he himself represented Masterton, and that he enjoyed the confidence of the people there. At any rate, he had a very good illustration of that at the last election, when he polled about three or four times the number of votes of any of his opponents; and he thought the honourable member for Wairarapa could scarcely say the same with regard to his constituents. But there was a small implacable minority in Masterton, as in every other place, probably individuals who were constantly plotting mischief-and it was found, invariably, that those individuals were never able to get along with public officers, and espe---he was attacked in a place where he had no cially with the police officers. Now, to show the difference between his own conduct and that of the honourable gentleman, he would tell him that a large number of his Wairarapa constituents had such a poor opinion of their member that they had, from time to time, asked him to present petitions to the House for them, to speak to Ministers on their behalf, and to do what he could to get their interests attended to by public departments, and he had invariably refused, out of consideration for the honourable member. He had said, "No; you have your own representative, and it would be a gross insult to that representative if I took this business out of his hands." He had always carefully abstained, since he had been a member of the House, from interfering in any constituency outside his own, and he thought that ought to be the conduct of every honourable member, if he was worthy of the name of "honourable member." But it was quite evident the honourable member for Wairarapa did not take the same view of the relations that should exist between member and member, and between members and their constituents. It was rather strange, with regard to this particular suicide, and the circumMr. Buchanan

possibility of replying for himself, or of defending himself; it was, to use a familiar term, hitting below the belt. Now, he had said already that there was a minority in every community that did not care about the police. The law-breakers for instance-people who were in the habit of violating the law-had very rarely a good word to say of the police, and if an officer were efficient in the execution of his duty he was the more likely to create very deadly enemies. With regard to this particular sergeant of police, he believed, after knowing him for a long term of years, that he was one of the most efficient men there were in the police service. He had had a life training in the Police Force; he had entered it in his youth, and he had now grown grey in the service, and whenever an offence was reported he never rested night or day until he laid hands on the offender. He had an excellent record, and performed his duty well, and he believed he stood very high in the opinion of the respectable portion of the community. But there were certain politicians in Masterton, like other places, who did not care about the police, simply because at the last general election the police did not, as they supposed, carry out their

duty. He believed there were a few who blamed the police for not having, on the eve of the election, locked up his supporters. The police could not have done so, because his supporters were so numerous that the lock-up and all the public buildings in the place could not hold them. That was the reason why they were not locked up on that occasion. If this matter were inquired into, it would be found that it emanated from some of his implacable political enemies. Knowing very well he belonged to one side of politics, and that the honourable member for Wairarapa belonged to another, that surely should not have justified them in going into another district to get a member to air their grievances in the House. It was his (Mr. Hogg's) duty to point out, for the information of honourable members, that to his certain knowledge, ever since the honourable member for Wairarapa entered a sphere for which he had never been adapted by nature, and became a public representative

Mr. SPEAKER said he must request the honourable member to withdraw that observation.

Mr. HOGG withdrew the remark, and was sorry to say anything that would ruffle the feelings of the honourable member for Wairarapa.

Mr. BUCHANAN said it did not ruffle his feelings at all.

Mr. HOGG did not think the honourable member was very susceptible. However, the honourable member would not deny that ever since he had been a representative of his constituency he had time and again been endeavouring to bring officers in the public service into trouble. He had been lodging complaints against the police of his own district, against Railway Stationmasters, against Postmasters, and he had made even complaints against the Postmaster in Masterton since he (Mr. Hogg) had been representing that constituency. At all events, he had been informed such was the case. And he had been asked to intervene on behalf of some of them, because the honourable member for Wairarapa created a reign of terror, and they thought the honourable gentleman was undermining them in order to get them out of the public service. That was the reputation he enjoyed, and he (Mr. Hogg) wished him the full enjoyment of it. He had never heard the honourable gentleman refer to public servants except in terms of very harsh criticism. At the present time, the honourable member for Wairarapa had travelled out of his district in order to trump up complaints in his (Mr. Hogg's) district. He was endeavouring to stir up mischief against the police; but he (Mr. Hogg) was perfectly satisfied the police would prove that they had done their duty. It was quite possible the police might have erredthe police, like other individuals, were not infallible; occasionally they might do things they might regret afterwards: but he thought, upon the whole, it would be found the police of Masterton had very faithfully discharged their duty, both in connection with this in

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quest and with the repression of crime. He had no objection whatever to the fullest inquiry, but he hoped, if it took place, the honourable member for Wairarapa would exhibit very different conduct from what he exhibited a number of years ago when inquiry was made into complaints lodged by him against one of their Sheep Inspectors. An inquiry was ordered at Masterton. The honourable member for Wairarapa, and the member at that time for Masterton, Mr. Beetham, were requested to be present and meet the officer face to face, but they had not the courage to do it. He waited in vain to see those gentlemen and hear from their own lips the nature of the charges they would bring against him, but those gentlemen never made their appearHe did not think the floor of that House was the proper place to bring charges against the police. They should be made to their superior officers. In the first place, the honourable member should see the police thernselves, and ask if they had any explanation to offer. If that explanation was not satisfactory, then he should send it on to the Inspector, and let him hold an inquiry. But to drag a matter like this before the House was wasting the time of the country, and the time of honourable members. He (Mr. Hogg) was sorry that he should have had to refer at such length to a matter which the great majority of honourable members had no concern in whatever, but, at the same time, the responsibility must rest on his implacable friend the honourable member for Wairarapa.

ance.

Mr. EARNSHAW thought it was greatly to be regretted that the honourable member for Masterton could not avoid wasting the time of that House by continually fighting on the floor of the House the honourable member for the Wairarapa. If they wanted to wash their dirty linen let them go back to their constituents and do it.

Dr. NEWMAN would suggest to the Minister of Justice that there had been a gross miscarriage of justice in this matter. A man committed suicide, and then in a few hours an inquest was held without proper authority. Therefore the Minister of Justice should grant an inquiry. He did not know this sergeant at all, but the very fact of his committing such an indiscretion as to have a Coroner's inquest within so very few hours after the man's death was enough to justify an inquiry being held. Altogether apart from any party feeling, there was a very strong feeling in the district about this case, and it was a case demanding an inquiry. Here was an unfortunate man who committed suicide. His unfortunate wife was very much upset, and it was alleged she did ask the police for protection. Whether they were right in refusing it, he did not know. However, the man was found with his throat cut. He trusted the Minister of Justice would set up a Court of inquiry. He was quite sure the feeling in the district would not be allayed until that was done.

Mr. SEDDON said that, as head of the Police Force, he never heard a single word of this until

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