House of Assembly: Vol1 - MONDAY NOVEMBER 7 1910

MONDAY, November 7 1910 Mr. SPEAKER took the chair and read prayers at 2 p.m. SPEAKER’S RULING. Mr. SPEAKER

pointed out to hon. members that on their notices of motion they must enclose their names, and also put down the dates upon which they desired either their questions to be answered or their motions to be put.

DUTCH REFORMED CHURCH BILL. Mr. C. G. FICHARDT (Ladybrand)

brought up the report of the examiners on the petition for leave to introduce the Dutch Reformed Churches Union Bill, reporting that the Rules of the House have been complied with.

LAND ON TABLE. The MINISTER OF RAILWAYS:

(1) Report of the General Manager of the late Natal Government Railways for 1909; (2) report of the General Manager of the late Cape Government Railways for 1909; (3) report of the General Manager of the late Central South African Railways for 1909.

The PRIME MINISTER:

Copy of the correspondence which has passed between His Majesty’s Government and this Government in regard to the presentation to the Parliament of the Union of a duplicate of the Commission empowering the Lords of the Privy Council to declare the Royal Assent to the South Africa Act, 1909, and a duplicate of the Royal Proclamation bringing the Act into force, both of which are signed by His late Majesty, King Edward the Seventh, together with the pen and inkstand used by him in signing the Commission, and the table art which it was signed;

The MINISTER OF MINES:

(1) Regulations framed under section 34 of the Industrial Disputes Prevention Act, 1909, of the Transvaal (No. 20 of 1909); (2) amendments to the regulations framed under section 34 of the Industrial Disputes Prevention Act, 1909, of the Transvaal (No. 20 of 1909); (3) amendments to regulations framed under section 59 of the Registration of Deeds and Titles Act, 1909, of the Transvaal (Act No. 25 of 1909); (4) amendment to the third schedule to Act No. 35 of 1908 of the Transvaal by the addition of certain regulations; (5) regulations framed under the provisions of section 9 (1) of the Transvaal Trading on Mining Ground Regulation Act, No. 13 of 1910; (6) regulations made under section 28 of the Power Act, 1910.

STANDING RULES AND ORDERS. The PRIME MINISTER

moved: That a Select Committee on Standing Rules and Orders be appointed, to consist of: Mr. Speaker, Mr. Merriman, Dr. Jameson, Mr. Sauer, General Smuts, Sir Bisset Berry, and the mover.

Mr. C. J. KRIGE (Caledon)

seconded.

The motion was agreed to.

The PRIME MINISTER gave notice to move to-morrow that two additional members be appointed.

WASTE LANDS COMMITTEE. The MINISTER OF LANDS

moved: That a Select Committee, to be called “The Waste Lands Committee,” be appointed to consider and report upon all such recommendations for the disposal of Crown Lands, or of servitudes thereon, or conditions connected therewith, as may be submitted by the Government under the provisions of any Act or law requiring Parliamentary approval: the committee to have power to take evidence and call for papers, to consist of nine members, and that the following be members of the committee, namely: The Minister of Education, Colonel Crewe, Mr. Vosloo, and the mover.

Mr. C. J. KRIGE (Caledon)

seconded.

The motion was agreed to.

CHAIRMAN OF COMMITTEE. The PRIME MINISTER

moved: That Mr. H. C. van Heerden take the chair in Committee of the Whole House.

Dr. L. S. JAMESON (Albany),

in seconding, said that he wished to say one word only. They who were members of the late Cape Parliament could speak of Mr. van Heerden’s absolute impartiality and business capacity for getting through the work of the House. If he might say further as proof of his (Mr. van Heerden’s) fitness for the position, they found that he fully replaced what they all in this House, as long as he had been in it, felt was an ideal chairman of committee, the late Mr. Theron.

The motion was agreed to.

SERGEANT-AT-ARMS. The PRIME MINISTER

moved: That the House do now proceed to the election of a Sergeant-at-Arms by ballot, and that the names of the two candidates having the greatest number of votes be afterwards put.

Dr. L. S. JAMESON (Albany)

said that as the motion appeared on the paper, the intention was that the voting should be by ballot, first, and afterwards open voting. He thought that voting by ballot should to observed, and moved as an amendment that instead of the motion standing as at present, it read: “That the House do now proceed to the election of a Sergeant-at-Arms by ballot, and that the names of the three candidates having the greatest number of votes be afterwards balloted for, till the list be exhausted.”

Mr. H. W. SAMPSON (Commissioner-street)

seconded.

The amendment was agreed to.

The motion as amended was agreed to.

The House then proceeded to ballot, the SPEAKER appointing Dr. Hewat (Woodstock) and Mr. Joel Krige (Caledon) as scrutineers.

On the request of a number of hon. members, Mr. SPEAKER read out the number of votes received by each candidate as follows:

R. Albrechts

4

P. E. F. Broers

A. H. Brunei-Stevens

1

L. Cloete

4

T. L. de Havilland

52

C. de Kock

J. S. du Plessis

19

J. J. Erlank

A. Jurgens

1

C. T. Muller

3

A. E. Oldridge

H. D. Stiglingh

26

K. R. Thomas

1

Mr. SPEAKER

declared the election to be between Messrs. T. L. de Havilland, H. D. Stiglingh, and J. S. du Plessis.

The House having again proceeded to ballot,

The scrutineers reported the result of the ballot to be as follows: T. L. de Havilland, 59; H. D. Stiglingh, 52; J. S. du Plessis, 4.

Mr. SPEAKER:

From this it will appear that Captain de Havilland has a greater number of votes, and a majority over both, but 59 not being a majority of the Whole House, all the members not having voted, an election will now take place between Captain de Havilland and Mr. Stiglingh.

A further ballot was then taken, and Mr. SPEAKER announced the result as follows:

Do Havilland

61

Stiglingh

55

Mr. SPEAKER

thereupon declared Mr. de Havilland appointed Sergeant-at-Arms.

CLERK OF THE HOUSE The PRIME MINISTER

moved that Mr. Gysbert Reitz Hofmeyr be appointed Clerk of the House.

Dr. L. S. JAMESON (Albany)

in seconding the motion before the House, and hoping that the election of Mr. Hofmeyr would be unanimous, thought that especially Mr. Hofmeyr would think it only fitting that some words of appreciation should, he said in appreciation of his old chief, who had been called the Father of Clerks. For many years he had served the Cape Parliament, and he was largely instrumental in the smooth working of the Parliaments of the Grange River Colony and the Transvaal, for it was he who furnished their methods of procedure. It was possible, even probable, that he might have been nominated for the post of Clerk to the House, but for the unanswerable reason given by the Prime Minister that the Clerk of the House must have equal facility in both languages. They regretted that Sir Ernest Kilpin had not that facility, and therefore his nomination was impossible. At the same time, he (Dr. Jameson) thought the House would join with him in congratulating Sir Ernest on the high honour he had received at the hand of His Majesty the King for the services that he had rendered this country.

Mr. J. X. MERRIMAN (Victoria West)

said he would like to add a few words to the remarks made with reference to the invaluable services rendered by Sir Ernest Kilpin, of whom he could not speak too highly. Mr. Merriman also referred to Sir Ernest’s work in connection with the National Convention, and hoped he would live long to enjoy the honour bestowed upon him.

Sir W. B. BERRY (Queen’s Town)

also paid a tribute to Sir Ernest Kilpin, who, he said, was the Sir Thomas Erskine May of South Africa. He had hoped that the Prime Minister would have seen fit to add some words of appreciation of the services rendered by Sir Ernest to the motion that he had placed before the House. He moved as an amendment, to add: And in making the appointment, the House desires to place on record its recognition of the valuable and enduring work in the perfecting of South African Parliamentary procedure, accomplished by Sir Ernest F. Kilpin while holding the office of Clerk of the House of Assembly of the Cape of Good Hope.

Mr. J. W. JAGGER (Cape Town, Central),

seconded.

The MINISTER OF RAILWAYS

said he would like to add his quota to what had been said as to the manner in which Sir Ernest Kilpin discharged his duties. There would be no objection on the part of the Government to the suggestion of the hon. member for Queen’s Town (Sir B. Berry), but he (Mr. Sauer) hardly thought it would form part of the motion which had been submitted that day. If the hon. gentleman would move it as a separate motion, the Prime Minister would have no objection to it at all, but the present motion merely dealt with the appointment of a certain official.

Dr. T. W. SMARTT (Fort Beaufort):

Will the Government take it as an unopposed motion?

Sir W. B. BERRY (Queen’s Town):

I will withdraw the rider, and submit it as an unopposed motion to the House.

The MINISTER OF RAILWAYS:

I would suggest that my hon. friend put it down for to-morrow. There are gentlemen who have also been Clerks to other Assemblies in South Africa, and their friends might also like to move something similar at the same time. To the motion itself there will not be the slightest objection, but it might be invidious to pass over the other gentlemen who have been Clerks to other Houses.

Sir W. B. BERRY (Queen’s Town):

With the consent of the House I will withdraw the amendment for the present.

With the consent of the House the amendment was then withdrawn.

Mr. C. J. KRIGE (Caledon)

was proceeding to express the appreciation of the Dutch members of the late Cape Parliament of Sir Ernest Kilpin’s services, when

Mr. SPEAKER

pointed out that the amendment had been withdrawn.

The motion was agreed to.

The House adjourned at 3.51 p.m.