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Queensland

Parliamentary Debates [Hansard]

Legislative Council

TUESDAY, 16

Electronic reproduction of original hardcopy

QUEENSLAND PARLIA~IENTARY DEB~LtTES.

1Legtzlati1Je Q.toundl anl:l 1Legizlatihe '!zzembll!.

FOURTH SESSION OJ:<' THF.l THIRTEEN'J:'H PARLIAJVIRlN'T'.

APPOINTlW TO ME.ET

AT ON THE SIXTEENTH DAY OF JULY, IN THE FIRST YEAR OF THE REIGN OF HIS· :l'lAJESTY EDWARD VII., IN THE YEAR OF OUR LORD 1901.

LEGISLATIVE COUNCIL. Qaeen , of blessed and ~lorious memtlry,. departed this life at Osbome House, in the , on the 22nd day of J annary, 1901, and TcESDAY, 16 JULY, 1901. that on the 1st day of J<'ebruary, 1901, His Most Gracious Majesty King Edward VU. was rluly and lawfully proclaimed at Bri,banP as MEETING OJ<' P ARL1A::YIENT. King by tlw Grace of God of the United King­ PcasUANT to a proclamation of His I~xceUency d"m of and Ireland, Defender of the G<>VPrnor, bearing da' e 14th June last, con­ the Faith, Em!Jeror of , and Supreme Lord vening Parliament for "the dP··ratch of bu,;i­ in and owr t,he Str proclan1ation of His Commonwealth of . Exct->llency th Lieutenant-GovPrnor, bearing "\Ve have it further in command to let you date the 9th .July in,;tant, alttriog the time oi know that, as so1m as you shall have taken or mee~ ing r·rom ~' 12 o'clock at noon" to "half­ made the oath or affirmation of allegiance to His past 10 o'clock a. m.,'' the l'ouncil met shortly :VIost Gracious }f,,j,,stv, as by the said Act you before th"t hour. are required to rln before ,itting and voting The respective proclamations were read by the in your re8pectJ ,.e Hunses, His Excellency will Clerk of the Parliament. declare to you the causes for which y•m are called together.'' Parliament was opened by a Commission con· sisting of the Right Hon. the President, the Hon. 'l'he Assembly then withdrew. G. \V. Gray, and the Hon. W. H. \Vilson, C.t1.G. COMMISSIONERS TO ADMI:\'ISTER THE At the request of the President, the Usher of OATH. the Black K<>d acquainted the Speaker and The PRESIDEXT r,roduced a con.missinn members of the Legislative Assembly that their constituting him and the Hon. G. W. firay presence was required in the Council Chamber; Commissioners to administer the Oftth required and, they being se,,ted by the desire of th>l Com­ by law to be taken by ruernber.~, which was read missiouers, the Commission was read by the by the Clerk. Clerk. NEW MEMBERS. MESSAGE FR0:\1 THE LIEUTENANT­ GOVEKNOR. The PRESID~JNT announced the receipt of letters from the Private Secretary to the NEW OATH 01<' ALLEGIANCE. Lieutenant-Governor, intimating that His Excel­ lency h~d been pleased, by writs of summons Th,PRESIDENT rPad the following message resn<'cti\'ely dated 12th March and 15th July, from Hi., Excellency the Lieutenant-Governor:­ 1!l01, to summon the Hon. John \1urray; William "HoNOURABLE GEN1'LElllEN oF THE LEGISLATIVE Villiers Brown, Esq., ; Fmncis Isidore COUNCIL, ANI> GENTLE1IEN OF 1'HE LEGISLA­ Power, Esq., Gympie; the Hon. Berkelev Basil TIVE AssEMBLY,­ J\IIoreton, Brisba,ne; and Arthur John Carter, " We have it in command from His Excellency E~q., Brisbane, to the Legislative Council. the I,ieutenant-Governor to acquaint you, in The Hons. F. I. Power, B. B. Moreton, and accord>tnce with the 4th section of the Constitu­ A. J. Carter, afrer being introduced to the tion Act of 1867, that our late Sovereign Lady President, took the oath and snbscribed the roll. 1901-B 2 [COUNCIL.] Opening Speech.

OTHER MEMBERS SWORN. the J!;mpire at large she will be remembered as the Royal Lady who for more than sixty years The following members also took the oath and snbocribed the roll :­ wa.s the living symbol of its unity, and under whose fostering care it marle such rapid progress The Ri'{ht Honourable Sir Hugh Nelson, and enjoyed such unexampled prosperity. P.C., K.O.M.G., D.C'.L. The Honoumble IV. Allan " Indications a~8 not wanting that the loyalt~ The Honourable J. Archibald and de\"OtlOn whlCh her VIrtues ~ould not fa1l The Honourable A. H. Barlow to inspire are in an equal 1nanner accorded to The Honourable IV. D. Box her son and successor, His Most Gracious The Honourable F. T. Brentnall Majesty King Edward VII., whose acces,ion The Honourable F. Clewett has been the occasion, throughout the Empire, of The Honourable \V. Forrest fervent prayers and hopes that he too might 'The Honourable A. Gib,on have a long, happy, and glorious reign. The Honourable G. 'vV. Gray The Honourable A. C. Gregory, C. M.G. "That our attachment to the Throne is 'The Honourable ,J. C. Heu"sler neither unobserved nor unappreciated is proved The Honourable J. Lalor by the fact that, at a time when circumstances The Honourable C. F. Marks, M.D. seemed to demand the presence in :Englar:d of The Hononrable J. McMaster every memboes The Honourable vV. G. Power visited Brisbane, auwng other capitals, and it is The Honourable A. Raff highly gratifying to know th,;t the welcome they The Honourable J. T. Smith received was of the most enthusiastic nature, The Honourable .T. C. Smyth and such as to c..use them to carry away the The Honourable E .•T. SteYens most pleasant memories of Queensland. The Honourable 'vV. F. Taylor, M. D. "It wets quite in harmony with the greatness The Honourable A. J. Thynne of the event that our future King should asso­ The Honoumble A. Heron IVilson ciate himself with the initiation of the Australian "The Honourable 'vV. Horatio 1\~ilson, Commonwealth by openin'{ its first Parliament. C. M. G. The union took effect on the fir"t day of the new At two minutes pnst 11 o'clock, century, but could not be regarded as finally established until the federal legislature bad heen The PRESIDENT stated that he should called into existence. I b,;ve an earnest con­ ·resume the chair at live minutes to 12 o'clock. victior, that the union thus consummated wiil At the time named the PRESIDEN~' resumed not only greatly promote the welfare of Australia .the chair. but will add not a little strength and grandenr to the Empire of which it i' a por-tion. No federation was ever established nndcr conditions THE LIEUTENANT-GOVERNOR'S more favourable to the federatinl;i States. Only OPENING SPEECH. such functions as each State smf(ly crmld not At noon His Excellency the Lieutenant­ effectively perform have been surrendered to Governor came in state to the Parliamentary the :Federal authority, and for evpry operation Buildings, and was received at the main entranc3 necossary fnr its own development E'ilClJ State is by the President and other members of the independent and free to work out its own Legislative Council, and conducted tothediiis in destiny. Every State in the Commonwealth is the Upper Chamber. bound to derive many advantages from the new order of things, the chief gainer probably being The House being seated, a message was sent to this State with its extensive territory, varied the Legislative Assembly to the effect that His resources, and energetic people. Excellency desired the pre"ence of Mr. Speaker and hon. members in the Cnuncil Chamber; and " It is a source of much regret that Lord the Assembly being seated in the place reserved L;;mington has taken his departure from the for them below the bar, State, for all must have formed a high estimate of his character and ability, and I am certain His EXCELLENCYread his Opening Speech, you will unite with me in wishing that all good as follows:­ may attend him and his family. " HoNOURABLE GENTLEMEN 01<" 'fHE LEGISLA'rrvE "The war in South Afric:. seems to be within COUNCIL, AND GENTLEMEX 0~" THE LEGIS­ measurable distance of termination, and the LATIVE AssE;IIBLY,­ ready assistance the State gave the motherland " You have been summoned together that I n her hour of need continues to be the theme of way ava.il myself of your assistance with respect gratitude and admiration in every portion of the to various important matters. Empire. "'Early in the present year the death of Queen "Yon will miss to-day many gentlemen who Victoria plunged this State, and every other were here on former occasions of this character, portion of the l:<~mpire, if not of the civilised not<>bly Sir ,Jamec. Tlicbon and the Horwurable world, into mourning for the best of Sovereigns. J. V. Chatawny, both ,f whom died suddenly in Able, dignified, and t;•ctful as Her Majesty was the midst of active public life. Sir J:~mes, after in public affairs, vigilant and resolute as she v. as a long and distinguiiihed political career in this ·in all that concerned the welfare of her subjects, State, lutd been called to the Federal Exc cuti\ e, she was no less distinguished by her womanly but >urvived only a few days to enjoy the sympathy, h0r private charities, her simple honours he,towed upon him. Mr. Chataway, "tastes, and her blameless life. By us she will be who had acquired a name for himself as an ·remembered as the Ruler under whose beneficent industriousadministrator, undoubtedly shmtened sway thepowers of self-government were bestowed his life by his unremitting attention to public -on the several States of Australia, and whose affairs. The sorrow you must feei for the loss of last gve,;t publh act was to assent to the measure such estimable public men will be mingled with which brought them into indissoluble union. By heartfelt sympathy for their bereaved families. Opening Speech. [16 JuLY.] Deaths qf Members. 3

" Seldom in the annals of the State has there "A measure dealing with local government 'been such a call as at present for judicious, has been further con,idered, and will be laid resolute, and patriotic action on your part, and before you in due course. I am satisfied that you will bring the necessary qualiticc to the consideration of the affairs of the "You will be asked to approve of measures country. Owing to a drought, unprecedented having for their objecc the ameudment of the in its extent and duration, our olde't and land laws. greatest industry has almo't ceased to be "The following among other measure will remunerative. 'rhe loss of stock has been also be submitted to you for consideration :­ unparalleled, and in conSefJnence our exports and imports have largely diminished. 'fhe Bills to comtitute certain harbour boards; result of this wide-svread and far-reaching A Bill for the better regulation of life calamity is that the public revenue has declined, as8urance cmnpanies; and the Treasury returns show a considerable A Bill to amend the Stamp Act; deficit on the year's transactions. A Bill to amend the law relating to "Yet, though there is reason for grave de· companws; liberation on this matter, there is no cause for A Bill to amend the Aborigines Protection despondency, or even for serious disquietude. Act· Outside the pastoral districts the condition of A Bill t~ amend the Brisbane Traffic Acts; other industries is f;,iriy satisfactory; agricul­ A Bill to amend the ]<'ire Brigades Acts ; ture generally is flourishing; new markets are A Bill to amend the law relating to dairy being opened tn our products; fresh capitrtl is being attracted: all of which should indicate inspection ; that the worst of our trials are over. Tbe dis­ A Bill to amend the ivfed ical Act ; tress has been greo;test among the pastoral A Bill to provide for the tegistration of tenants of the Crown. They have lost much dentists; material wealth, but the late beneficent rains A Bill to amend the laws relating to have given them hope, and they will doubt-less insolvency ; endeavour to replace tbe flock>< and herds that A Bill to provide for a::lvances to farmers. have vanished, if afforded reasonable assistance. I trust you will givf' " sympathetic rEception to "To these and all other matters tbat may be any measure SU·:Jmitted for their relief during brought beforf, you I invite your best attention, this Session, and be prepared to act t Jwards and prav that the blessing of Divine Providence them as generously as is consistent with the may att8nd your labours." general interests of the community. His Excellency and suite then left the Cham­ " The agricultural industry is still expanding. ber, and the .Assembly having also withdrawn, More land suitable for close settlement will be the sitting was suspended until 3 o'clock. thrown open for selection. The recent drought renders it irnperat.ive that greater attention be The PRESIDENT resu!lted the chair half-vast given to those districts wbic t enjoy the advan­ 3 o'clock. tage of a regular and abunda1' r. rainfall. "The mining industry conr inues to develop in COMMISSION TO ADMINISTER TH.E a m.tural and healthy rnan:Jer. La't year's gold yield was the !m gest in the history of the State, OATH. and whatever falliug off has latterly been appa­ The PRESIDE:'{T announced that he had rent is dne to causes that in no way affect the received a commission from the Lieutenant­ intrinsic merits of the mines. The advantages Governor authorising him to administer to all of the extension of railway communication to members of the Council the oath or affirmation our mineral fields are now beinf; experienced, and of allegiance as required by law. you will be asked to consider further proposals The Commission was read by the Clerk. for securing to the remoter parts of the State the s~imulating influence of cheaper freight and better communication with the coast. MEMBERS SWORN. "The establishment of an institution in which The following members took the oath and sub­ a systematic education in mining and metallurgy scribed the roll :-- can be obtained has been delayed perhaps too long, but a commencement has been made by Hon. F. H. Hart. the openin" of a school of mine<£ at Charters Hon.•J. \Vebber. 'rowers, and an opportunity is thus afforded to the youth of Queensland to acqnire the technical RESIGNATION OF MEMBERS. training and instruction necessary tu equip them efficiently for the development of our HoN..J. G. DnAKE-HoN. C. H. BuzAcOTT. 1nining resonrce.'\, The PHE::JIDEKT: I have to inform the "One million pounds of the loan authorisecl Council that I have received letters from the last year was placed in the Australian markets private secretary of His Excellency the G,,vernor at a very satisfactory price. notifying the resignation of the Hon. J. G. "GENTLEMEN OF THE LEGISLATIVE AssEM­ Drake and the Hon. C. H. Buzacotr, of date BLY,­ 30th M ay last. " The .Estimates for the pre3ent year will be submitted to you at an early date. The neces­ DEATHS O:F MlIBLY,-­ removed from the list of members. " One of the matters to

which mourning for Her late Majesty all other matters brought before us ; and wee Queen Victoria is to be in use for the earnestly trust that our deliberations will be correspondence of public departments. instrumental in promoting the good government (28) De,patches, dated 2Rth November, and welfare of the State." 1900, 8th, 12th, and 22nd February, 8th In support of this I have only to refer to the March, and Sth May, 1901, conveying vanous matters mentioned in the Speech of His the Royal Assent to Acts passed during Excellency, and the contemplated legislation sub­ SP,sion of 1900. mitted therein. There is no doubt that much that (29) Despatch, dated 13th April, 1901, is useful is proposed, and I sincerely hope it will be transmitting revised regulations for carried through successfully for the benefit of the the entry of engineer students in Her State of Qnef'nsland. One of the earliest para­ Majesty's Navy, and for students in graphs in the Speech refers to the death of our late naval . 1\1ost Gracious Sovereign Queen Victona, and I (30) Despatch, dated 1st February, 1901, am perfectly certain that the tribute to her ma_ny transmitting Convention between the excellencie,, political and social, will be heart1ly and for endorsed by you. :So far as her State position reciprocal proteetion of the estates was concerned, she took one of the highest of dtceased persons. places in the councils of nations, and amongst (31) Proclamation and notification, dated her subjects she was essentially the mother 1st J<'ebruary, 1901, respectin!':" accession of her people. Her virtues have sunk deep of His Majesty King Edward VII. into our hearts, and loyalty to her suc­ (32) Kotifications respecting death of Her cessor is one of tl1e greatest tributes we late Majesty Q'leen Victoria. can pay to her many virtues. His present (33) Order in Council, dated Hlth April, Majesty the King, to whom we have e?'pressed 1901, applying the provisions of the our perfect loyalty, will doubtless recogmse, from British Probates Act, 1898, to South the way we reverf' the memory of his mother, a Australia. proof of our strong attachment to himself. \Vith (34) Heport of the Royal Commission ap­ reference to the late R ..yal visit, his present pointed to inquire into and report upnn Majesty has un~oubtedly shown consi<;Jerab_le the administration of the laws regulat­ state-mansbip, kmgcraft, and generos!Ly m ing the manufacture and sale of in­ granting permission to their Royal Highnesses toxicating liquors in Queensland ; to­ the Duke and Duchess of Cornwall and York gether with the proceedings of the to make their triumphal progress round the Commission, minutes of evidence, and world, embracing, as it will before theirjourney appendices. is completed, the whole of the , (35) Immigration Agent's Annual Report coming into close touch with the various people upon Pacific Island Immigration, dated over whom he may ultimately be called to rule, 4th June, Hl01. and arousing in their breasts-if indeed it was (36) Rep 1rt of the Public Service Board for necessary to arouse it-an intense feeling of 1900. loyalty to the British Crown. I may also make (37) Report of the Agent-General for reference to the presence of His Royal Highness Queensland for 1900. at the opening of the first Parliament of the Com­ (38) Annual Report on British monwealth of Australia, perhapsthegreatestevent from 1st July, 1899, to 30th June, 1900; in the history of these State,, binding together as it with Appendices. , does e!Pments that have hitherto been separated, and forming what we hope will ultimately become THE OPENING SPEECH. a great power among the nations. Although to The PRESIDENT rend so much of the some extent it may be considered that federation Speech delivered by His Excel­ has not been so successfelly brought to an end [4 p.m.] lency as was addressed to the as one would have hoped, we must remember Council. that the Commonwealth Parliament, during the time it has been sitting, has been doing work ADDRESS IN REPLY. that it was impossible to foresee, and ~he amount * HoN. A .•J. CARTER : I wish first to expre~s of li~ht that is being shed on the vanous clauses my appreciation of the great privilege I have of of the Constitution Act will undoubtedly make being here and permitted to take part in yonr for good government, peace, and prosperity in the deliberations, and to help in passing- laws for the future. I fe,J sure you will agree with me good government of the State which we all love that from the work they are doing, we have so well. I fully recognise the responsibilities of every hope that success will follow their labours, my position on the present occasion, and of the and that we shall ultimately be the happy duty which, according to your custom, devolves possessors of a Constitution so interpreted thab upon one of the new members to move the we can work under it without further difficulty. Address in Reply, but I feel certain you will A subsequent paragraph in the Speech refers to extend to me every consideration should I the regret we feel at the departure of Lord unfortunately infringe any of the usages of the Lamington. Everyone who knows the keen Council with which 1am at present unacquainted. interest he took in our social, industrial, and I now heg to move that the following Address be political life will perceive the great advantage it presented to His Excellency the Lieutenant­ will be to this State to have in the mother Governor:­ country, should he remain there, one who can give so good an account of our requirements and "MAY IT PLEASE YouR ExcELLENCY,­ of the conditions underwhich we live. Foilowing, " 1. We, His Majesty's loyal and dutiful as he did, one of the best and most be­ subjects, the members of the Legislative Conncil loved of our Governors- Sir Henry Norman of Queensland, in Parliament ass em bled, desire -he had more than a difficult task to under­ to assure Your Excellency of our continued takE' and that he so successfully accomplished loyalty and affec'ion to the throne and person of it ~bows the grr·.lt tact he displayed in Our Most Gracious Sovereign, and to thank carryincr out his high office, and it is little Your Excellency for the Speech with which you wonderb that his departure is universally re­ have been pleased to open the present session. gretted and that we wish him God speed! "2. We will give our most careful attention and every success. The war in South and consideration to the several measures gives still some concern, because, although specially mentioned by Your Excellency, and to the hope is expressed that it will shortly Address in Reply. ['16 JULY.] Address zn Reply. 7 be over, yet we cannot help feeling that there our ports in the same position as those in is before us a long term of guerilla warfare the Southern States, or as nearly so as possible, which will keep that country in a state of in connection with making them accessible. turmoil and prevent it from obtaining the Nothing short of this will bring­ same peace and happiness that the Australian [ 4 '30 p. m.] prosperity to Queensland in the colonies now possess under united government. s"me measure as would otherwise Referring to the deaths of various members be the case. Bills for the better regulation of of the Ministry, we can only express our life assurance companies, to amend the Stamp deep grief that they have passed away and Act, to amend the law relating to mining that the Government and the Parliament have companies, and the various other nlea~mres­ been deprived of their valuable services. \Ve enumerated in the Speech are all in the direction come next to a que,tion which is really one of of good government. Tbe Bill to amend the the greatest concern to us-that is the drought, laws relating to insolvency will no doubt be a which has crippled to a very great extent valuable measure, and it is one that should. our pastoral industry, reduce2l onr revenue, receive very earnest attention. The Bill to, and brought about the financial difficulties in provide for advances to farmers will no doubt which we are now placed. It is a source be ot great assi,tance in extending that class of of congratulation that we are apparently settlement, and in giving assistance in cases near the end of the trouble that was staring where it is required. \Vithnut further rettmrk us in the facr1 during the year. Beneficial I beg t" move that the Address I have read be rains have fallen, which will, at any rate, pre,ented to His Excellency. check the further depletion of our flocks aud HoNOURABLE GENTLEli!EN: Hear, hear l herds. Still, the amount of damage that has HoN. :F. I. PO\VE]:{, : I have very much been done alreadv, the flocks and herds that pleasure in seconding the Address which has have absolutely been wiped off the face of the just been moved. Before dealing with the sub­ , and the extent of country that has been ject-matter of the Speech, a.s this is the first time left little more than , show how urgent is I appear in this House, I would like to say that the necessity that hon. membere. ehould favourably I am k<,enly alive to the very great honour· con­ consider such measures of relief as maY be brought ferred upon me by my :bably in the can testify as to his interest in the industries of direction mentioned in an earlier part of the this State. It was my privilege to escort him Speech. Among the Bills promised is one to over the mines of Gympie. He did not g-o there constitute certain harbour boards. \V bile refer­ merely as an idle spectator, but evidently with ring to this I may express the hope ~hat steps a de,ire of making a thorough study of the will be taken to open np the whole of our ports indnstry and the working of the mines. I from one end of (lneensland to the other, and think that is a very de,irahle thing, and I make them accessible to the trade and 'Com­ trust whoever his successor may lw, he will merce that must flow to them from other States. adnpt the Rarne course in regard to our The position of Queensland now in connection industries. \Vith regard to the proposed with the rest of Australia makes it absolutely legislation to a"ist the pastoralists, I think necessary that we should endeavour to place ail that is a matte•· that will commend itself to 8 Addrr~s in Replp. [ASSEMBLY.] Opening if Parliament. everyone when it is brought forward. It is well only other subject I care to allude to is the Bill to known what an immense stake the pastoralists amend the law relating to mining companies. I have in their properties and what immense may say that the proposition came from Gympie loss'JS they have suffered, and it is to be hoped Gold Field, and it will be a very important that the wisdom of the legislature will be exr·r­ measure, because it is the opinion of experts that cised on their behalf, and that the pastoralists it is absolutely necessary that something should will receive the fullest assistance the State can be done to amend the Companies Act, which afford. There is no doubt that in certain quar­ was never intended in its inception to apply to ters there will be objections, hut it is to be hoped the companies which are now found necessary to that every as,istance will be given by those in a work some mines. ;several matters re,1uiring position to dm·ise some means by which they can attention have arisen. One is, that when once be relieved from their prest'nt position. With a man is placed on the share register, no reference to the mining industry, there is no matter whether he disposes of his shares doubt that it will continue to develop; and, as a or gives notice that he has sold them, the man who has embarked in that industry and been ;supreme Court has decided that the company is ·connected with it for many years, I believe not bound to remove his name from the shartl that the mining industry in Queensland is to a register unless the purchaser wants to be great extent at JJresent only in its infancy. registered. A man sells shares. The purchaser It has been proved, not only in the district I come knows the law and he does not put them in for -from but in other parts of the State, that where registration as l<>ng as there are any calls. He :a few years ago it was sug·gested that at a few does not show up until there are dividends, and 1hundred feet the probability of payable remits in the meantime the unfortunate man who has were nil, just as rich gold can be gut 1,500, 1,GOO, disposed of his interest has to bear all the risk 1, 700, or 1,800 feet down ; and the best proof of liquidation, risk of accidents, bank overdrafts, that the industry is increasing is the fact that and everything else. That is one of the subjects last year it produeed more than any IJrevious that will be particularly dealt with in this year. I need hardly dilate on the value of the proposed Bill, and I am sure that you induotry to the State. The experience of the will sympathise with me in thinking that whole of Australia shows tha• nothing tends so it is a matter desPrving prompt attention. quickly to develop the industries of a country, I can speak with authority when I say even in ,.ther directions, as the discovery of that people outside the State, as well as gold ; and I sincarely trust that by wise legisla­ inside-people in and Sydney-have tion and careful administration the industry made the determination that they would with­ will be carefully fostered and nurtured in the dr:.w from putting capital into this State in their future. I feel sure that anything that can be minim~ business; and that is a very serious thing done to induce capital to be employed f<>r the where there is only a small population, and it is development of the mining industry ·vill always desirable to encourage capital in every shape and receive the support of this Council. There form to come here. is a suggestion in the Speech of railway Hmwmecause I think I remomberseeing the suggestion six .V<'