House of Assembly: Vol14 - TUESDAY FEBRUARY 18 1913
from L. C. E. de la Rue, of Boomplaats, Oudtshoorn, a teacher under the Education Department, praying for the condonation of a break in his service, or for other relief.
from W. J. Thorne and 709 others, praying that the condition of the railway footbridge, Tennant Street, Cape Town, may be investigated with a view to constructing a road bridge at this point or, alternatively, to improving the present bridge, or for other relief.
from Clara Jameson, of Kimberley, widow of J. Jameson, who died in 1898 after having served for many years in the Railway Department, praying for an allowance or pension, or for other relief.
from N. W. Pentz, who was employed by the Government of the Cape of Good Hope for ten years and by the Government of the Orange River Colony for nine years, praying for a pension or gratuity or for other relief.
from H. G. Murray and G. P. Scandrett, of King William’s Town, members of the Corporation of Accountants, praying that the said corporation may be included in the Accountants’ Registration (Private) Bill among the societies whose members are eligible to practise under the Bill in the Union of South Africa.
from A. Harris, who in 1892 entered the Cape Civil Service as Lay Inspector under Act 39 of 1885, praying for the condonation of a break in his service, or for other relief.
from W. O. Redpath, auditor and accountant, Kimberley, and member of the Corporation of Accountants, praying that the said corporation may be included in the Accountants’ Registration (Private) Bill among the societies whose members are eligible to practise under the Bill in the Union of South Africa; a similar petition from W. A. Buxton, accountant. Kimberley, and member of the Corporation of Accountants; and a similar petition from A. Ramsay, accountant, Kimberley, and member of the Corporation of Accountants.
a similar petition from H. C. Scaife, accountant, Graham’s Town, and member of the Corporation of Accountants.
a similar petition from J. N. E. Vercueil, assistant secretary, Board of Executors, Malmesbury, and three others, members of the Corporation of Accountants.
from B. P. Eybers, a teacher in the Boys’ High School, Stellenbosch, praying for the condonation of a break in his service, or for other relief.
from J. A. Sharp, of Pretoria, a member of the Corporation of Accountants, praying that the said corporation may be included in the Accountants’ Registration (Private) Bill among the societies whose members are eligible to practise under the Bill in the Union of South Africa; and a similar petition from H. W. Blair, of Pretoria, a member of the Corporation of Accountants.
a similar petition from C. Stanton, of Graham’s Town, a member of the Corporation of Accountants.
a similar petition from H. Parnham, accountant, Johannesburg, and member of the Corporation of Accountants.
a petition from A. P. Pharkies, of Bensonvale, Herschel, who served as a teacher under the Education Department from 1898 to 1911, praying for a pension, or for other relief.
from C Baxter, formerly gaoler at Uitenhage, praying for the condonation of a break in his service, or for other relief.
Proclamations and Government Notice Department of Native Affairs, 24th January, 1913, to 3rd February, 1913.
Geological Sheet No. 10 (Nylstroom)—country round Warmbaths and Nylstroom, including the Rooiberg Tinfields.
Schedule of Pensions—South African Railways—as at 30th September, 1912.
announced that His Excellency the Governor-General, having been informed of the provisions of clauses 3 and 14 of the Higher Education Further Provision Bill, has been pleased to give his consent that, in so far as His Majesty’s interest is concerned, the House may do therein as it shall think fit.
moved, as an unopposed motion, that the Second Report of the Public Debt Commissioners, with appendices presented to the House on the 17th instant, be referred to the Select Committee on Public Accounts.
seconded.
Agreed to.
I wish to call the attention of the House to the Estimates of Expenditure for the ensuing financial year. In vote 11, Magistrates, page 76, the gross amount to be voted is reduced by an item of £10,000, being savings to be effected. Similarly, vote 13, Police, page 82, is reduced by £40,000, and vote 14, Prisons and Reformatories, page 88, by £10,000. In the late Cape House of Assembly the method adopted in the preparation of the Estimates of reducing an estimated vote by deducting receipts to its credit and which become known as “the £1 vote system,” was condemned by Mr. Speaker Berry and his predecessor in office as an embarrassing limitation to the undoubted rights of members and as a serious unconstitutional impropriety. The new form in the Estimates for the ensuing year is now introduced for the first time since Union, and raises a somewhat similar principle to that which led to considerable inconvenience in the late Cape House in 1907 (vide page 485, Cape Votes), and seems to me to be one which may be regarded as tending not only to obscure the estimate, but also to minimise the control of the House; and, it is with a view, if possible, to avoid the risk of inconvenience arising in the future that I take this early opportunity of calling attention to the matter. Section 6 of the Exchequer and Audit Act, No. 21 of 1911, empowers the Governor-General to make regulations prescribing the form of Estimates required for presentation to Parliament, and the only regulation made in pursuance of this provision that I am aware of is one which states “that the Estimates shall be submitted to Parliament by the Minister at the commencement of each ordinary session in such form as may from time to time be determined.” I would suggest that the point to which I have called attention be referred to the Select Committee on Public Accounts for consideration and that the Committee be requested to report thereon at an early date.
moved accordingly, as an unopposed motion, which was agreed to.
asked the Minister of Railways and Harbours: (1) How many miles of railway have been completed on the Hankey-Patentie line; (2) how many miles are still to be built; (3) when is the line likely to be completed; (4) whether Europeans are being employed on the work of construction and at what wages per day; and (5) whether the site for the Hankey station has been fixed?
replied: (1) Approximately six miles of earthworks have been completed. (2) 11½ miles have still to be built. (3) It is anticipated that work will be sufficiently advanced to admit of line being opened for traffic about November next. (4) Yes; but as white labour offering was then inadequate it has been found necessary to let considerable portion of work to contractors employing native labour. White labourers employed are paid at piecework rates, their average earnings for the month of December amounting to 4s. 2½d. each per diem. (5) The reply to this question is in the affirmative, Centerton having been decided upon as the station site.
asked the Minister of Lands: (1) How many farms or portions of farms in the Transvaal Province have during the last three years been registered in the names of natives, what is the extent of the land so registered, and how much was paid for it; (2) how many mortgage bonds were registered during the last five years in favour of Asiatics and to what amount; and (3) whether he is aware that many Asiatics in the Transvaal buy land and have the same registered in the name of a European, who thereupon passes a bond for a sum equal to the purchase amount in favour of the Asiatic; and whether he can suggest a plan whereby it could be ascertained how much land is bought in this way, and whether it is not possible to have this practice stopped?
replied: 1. (a) 78; (b) 144,416 morgen; (c) £94,907, as reflected in the documents filed in the Deeds Office. 2. (a) 47; (b) £94,667. 3. The Government has no direct evidence on the subject, though it is believed such a practice prevails. As it is a matter of a private nature between individuals, there is no possibility of interfering therewith.
asked the Minister of Finance whether the Government intended to place borrowers under the Natal Land and Agricultural Loan Fund on the same footing as borrowers under the Land Bank Act, 1912, by reducing the rate of interest charged from 6 per cent. per annum to 5 per cent.?
replied: The Government has no power to vary the rate of interest payable by debtors who have received loans under the Natal Land and Agricultural Loan Fund Act of 1907. There is nothing, however to prevent such debtors from discharging their liabilities under the Natal Act, and obtaining fresh advances carrying the lower rate of interest under the Union Land Bank Act of 1912.
asked the Minister of Lands: (1) How many boreholes have been sunk in the Union at the expense of the State: (a) by former Governments previous to Union: (b) by the Union Government since the establishment of Union; and (c) how many of such boreholes are on Crown land and how many on private land; and (2) whether he is prepared to supply the House with a profit-and-loss statement in respect of boreholes sunk on private land?
replied: It is regretted that it is quite impossible to give a reply to the various questions of the hon. member in regard to Operations prior to Union. Incomplete returns could only be supplied at very considerable cost to the State. If the hon. member will confine his inquiry to operations subsequent to Union, a return containing the information asked for under items (b) and (c) ) of the first part of the question will be furnished as soon as possible. As regards the, second part of the question, this information cannot be supplied for individual boreholes, but will be averaged for the period covering the past two financial years ending 31st March, 1913, and compared with the amount recovered under the regulation charges; and if there is any difference, an adjustment of the daily rates will be made. Those figures will be published in the next annual report of the Director of Irrigation. To work out the costs up to an earlier period will take a very considerable amount of time. Rough calculations show that the present rates charged approximately cover the average cost of boring.
asked the Minister of Railways and Harbours what was the value of through traffic from the South African railway stations to the New Cape Central Railway, and vice versa, and what were the proportions for the South African Railways and New Cape Central Railways respectively, for the year ended the 31st December, 1912?
replied: The value of through traffic from S.A.R. stations to N.C.C.R. stations for the year ended December, 1912, was £66,711 17s. 6d.; S.A.R. proportion, £31,645 3s. 9d.; N.C.C.R. proportion, £35,066 13s. 9d.; and from N.C.C.R. stations to S.A.R. stations, £49,355 2s. 10d.; S.A.R. proportion, £28,087 17s. 5d.; N.C.C.R. proportion, £21,267 5s. 5d.
asked the Minister of Justice: (1) Whether juvenile adult inmates at Tokai only receive bread when put on spare diet; whether this is found to make this punishment popular; whether the regulations provide for any other punishment except caning; whether juvenile adults are at a disadvantage in comparison with convicts in that they are debarred from receiving rewards for good conduct for six months after their admission, and whether he proposes to reconsider the existing arrangements in these particulars; (2) whether the Porter Reformatory derives an income of nearly £1,000 a year from basket making; whether the osiers required are grown on the estate; and if not, why not, and whether the osier bed is under the control of the Forest Department and has been neglected; (3) whether the reports on boys discharged from the Tokai Reformatory or apprenticed are satisfactory; (4) what is the gross and net cost per inmate; and (5) whether the inmates receive instruction, and, if so, for how many hours a day and in what language, and whether the work done is satisfactory?
replied: (1) Under Reformatory Regulation 46 one pound of bread with gruel or milk and water is prescribed as a day’s ration. As it has not yet been found necessary to inflict spare diet, the warden cannot say if this could make the punishment popular. (Laughter.) He thinks it might do so. The other punishments provided under the regulations are personal correction or punishment, the forfeiture of marks earned, the forfeiture of rewards and indulgences, the forfeiture of privileges, degradation of rank, reduction of the quality and quantity of food, and solitary confinement. As compared with convicts with shorter sentences, the juvenile adult’s position is not so favourable as regards privileges. As regards convicts with over three years’ sentence, the juvenile adults’ position is more favourable than the convicts. The juvenile adult reformatory regulations were framed tentatively until sufficient experience had been gleaned to give them final form. The particular institution referred to has not been in existence for more than six months. (2) The gross income is £981; the net income from basket making is £171. The full quantity of osiers required is not grown on the estate. A new osier bed is, however, being started. The old osier bed, under control of the Forest Department, has not been maintained for other than experimental purposes. (2) The reports on boys discharged from the Porter Reformatory as apprentices are on the whole satisfactory. (4) The gross cost per inmate is £50 8s. per annum, net cost £4 19s. 6d. per annum. In the latter figure all grants issued to other departments are included. (5) The coloured inmates receive the following school instruction: Juveniles, two hours, juvenile adults, one hour, in English and Dutch. The warden reports that the work its satisfactory.
asked the Minister of Mines: (1) Whether the report recently published by the Premier Diamond Company, giving the result of ten years’ operations to the 31st October last, correctly states the distribution of profits for that period, and, if so, why the division of such profits has been more than two-fifths to the shareholders and less than three-fifths to the Government; (2) what was the amount paid by the Government for the company’s two-fifths’ share in the Cullinan Diamond; and (3) what was the amount paid for cutting and for the pieces which resulted from splitting that gem, and to whom was it paid?
asked the hon. member to let the question stand over for a couple of days.
asked the Minister of Justice: (1) Whether, seeing that the existing Railway Police in the various Provinces are not governed by the provisions of the Police Act, 1912, it is the intention of the Government to allow the Railway Administration to continue to control its own police; (2) is he aware that the Railway Police, the large majority of whom have had considerable service, view with anxiety the present uncertainty surrounding their position and prospects; and (3) if it is the intention to abolish the Railway Police, will their position in the matter of pensions or gratuities be considered, and will they have the option of a transfer to the South African Police with all accruing rights?
was understood to reply that it was proposed to deal with this question in the Railways and Harbours Control Bill, which would shortly be submitted to the House.
asked the Minister of the Interior: (1) Whether it is the fact (a) that the Governor-General-in-Council will shortly proclaim the names and boundaries of the electoral divisions as finally settled and certified by the Delimitation Commission in accordance with section 42 of the Act of Union; (b) that the next general election, after such proclamation, of members both of the Union Parliament and of the Provincial Council will take place in the electoral divisions so proclaimed; (c) that any by-election of a member either of the Union Parliament or the Provincial Council which may become necessary before any such general election, will take place in the electoral divisions as at present defined; and (2) whether the Government propose to introduce legislation to remove this anomaly?
replied: (1) The replies to (a) (b) and (c) are in the affirmative. (2) With regard to this part of the question I may say that from a perusal of section 43 of the South Africa Act it would appear that it was deliberately intended to create the position to which the honourable member refers, and that the Government does not think it is advisable to introduce legislation to provide specially for any by-election which may become necessary after the Commission’s report has been submitted to the Governor-General-in-Council.
asked the Minister of Railways and Harbours: Whether he is aware that at the Bloemfontein goods station native inspectors are placed in charge of European labourers, and, if so, what steps he intends to take in the matter?
replied: No; native inspectors are not placed in charge of European labourers at Bloemfontein goods station. Bloemfontein goods platforms are patrolled by European watchmen. There are also native watchmen to supervise loading work performed by native labourers, but these watchmen have strict instructions not to interfere with white labourers. Instructions were given about a fortnight ago that these native watchmen were to be replaced by Europeans, and arrangements have been made to give immediate effect thereto.
asked the Minister of Lands: When he intends, in accordance with a promise made long ago, to supply the village Kopjes with water, which the inhabitants of the said village are badly in need of?
replied: It is intended to proceed with the construction of water works for the domestic supply of Kopjes village within the next few months.
asked the Minister of Agriculture: (1) Whether he is aware that there is great dissatisfaction owing to the careless handling of cream in railway transit, the forwarding or delivery of which is often unnecessarily delayed at stations, the cream, being meanwhile exposed to the sun, and greatly decreased in value; (2) that damage is thereby caused; and (3) whether he will immediately take steps to remedy this state of affairs?
replied: (1) Attention has been drawn to the disabilities suffered by producers in connection with the forwarding of cream by rail, and representations have been made to the Railway authorities in respect of the handling of both milk and cream; (2) I am informed by the Department of Railways and Harbours that at certain stations on the Cape and Natal lines, cool chambers are provided in which butter, fruit and other traffic likely to be affected by the heat is stored free of charge while waiting despatch by rail, and the staff concerned have instructions that everything possible is to be done to protect this traffic from the sun, and to see that it receives expeditious transit. Occasionally through the late running of goods trains, cream is left exposed to the sun for some time at sidings where there are no shelters, but as funds permit the Administration is gradually erecting shelters for cream and butter at sidings at which such traffic is dealt with in considerable quantities, and which are not already so equipped. The officers of the dairy division of the Department of Agriculture have been instructed to immediately report any cases of delay or careless handling of dairy products which come to their notice.
asked the Prime Minister when the Government intends to introduce legislation dealing with factories in accordance with a resolution passed by this House on 21st February, 1911?
Owing to pressure of other business it is not the intention of the Government to introduce legislation dealing with this subject during the present session of Parliament.
asked the Minister of Agriculture: (1) How many Government stallions there are in the Union; (2) where they are stationed; (3) how many of them were hired to farmers in each of the Provinces during the past year; (4) how many were bought and imported for the money voted last year by Parliament for the purpose, and where are they stationed at present; and (5) whether the Government will according to promise hire the recently imported stallions to farmers in the Cape Province without unnecessary delay?
replied: (1) There are at present 95 Government stallions in the Union. This number includes 23 stallions recently taken over from the Land Settlement Board in the Orange Free State, and 19 which have just arrived from Europe; (2) and (3) the custom has been to keep the horses on the various stud and experiment farms when not in use, and to lease them to farmers for the season. The terms on which the stallions are leased, and the names and addresses of the farmers to whom they are leased are published in the “Agricultural Journal.” Last season 17 horses were leased to farmers in the Transvaal, 12 to farmers in the O.F.S., and 4 to farmers in Natal. The 23 horses belonging to the Land Board in the O.F.S. were leased by the Board to farmers in the O.F.S. before being transferred to the Department. Two stallions were retained for stud purposes at Standerton; two were stationed at Cedara (Natal); two at Grootfontein (Cape); three at Elsenberg (Cape); two at Malmesbury (Cape); one at Grootvlei (O.F.S.), and twelve at Tweespruit (O.F.S.), for use of the Government and farmers; (4) twenty stallions and 23 mares were bought out of the money voted for the purchase of livestock last session. Pending the erection of suitable accommodation at Elsenberg, Grootfontein, and Cedara, the stallions are being temporarily kept at the following places: Grootfontein, 8; Tweespruit, 4; Standerton, 1; Elsenberg, 2; Roodepoort, 2; Potchefstroom, 3; (5) next season the whole of the stallions will be distributed as equally as possible throughout the Union.
asked the Minister of Lands: (1) Whether the Government intends to give the Crown lands situated in the Piet Retief district to poor deserving whites in accordance with the Land Settlement Act, 1912; and, if not. (2) whether the Government will let those lands to farmers?
replied: (1) From information at present at my disposal, it would appear that the farms referred to by the hon. member were not considered suitable for white settlement, as they were stated to be very unhealthy and have for this reason hitherto been withheld from disposal. (2) It is proposed, however, to instruct the Land Board to arrange for an inspection of the land in order to ascertain definitely whether it would be suitable for settlement in terms of the Land Settlement Act, 1912.
asked the Prime Minister whether it is the intention of the Government to give the House an opportunity, during this session, of discussing the Report of the Trades and Industries Commission?
The question whether there will be an opportunity to discuss the report of the Trades and Industries Commission depends on any tariff proposals which the Government may have to lay before the House, and it is, therefore, not possible to make any statement about the matter at the present stage.
asked the Minister of the Interior: (1) Whether, in view of section 144 of the South Africa Act, 1909, an officer of the public service who was on the fixed establishment of one of the Colonies prior to Union and who has since remained in the Province, can be transferred from such Province without the option of a pension; and (2) when officers at present in the service of the Cape Province will be formally assigned to such Province?
replied: (1) I would refer the hon. member to the answer I gave on this subject on the 4th instant to question No. XXXI. Under section 140 of the South Africa Act all officers of the public service of the late Colonies became officers of the Union at the establishment of the Union, and undoubtedly became liable for transfer to any station in the Union. I would also refer the hon. member to section 13 of the Public Service and Pensions Act passed last session. (2) The question of the formal assignment of officers to the Provinces is at present under consideration.
asked the Minister of Railways and Harbours whether he intended, by excluding the De Put-Paardevlei, Kalkbult-Wickham and Belmont-Klokfontein sections of the railway from the operation of section 40 of Act 19 of 1912 (see Proclamation No. 180 of 11th October, 1912), to make the owners of farms, through which those sections of the railway pass, liable for a part of the maintenance charges of the existing fences along the said sections; and, if so, to what extent?
replied: No; the administration will continue to bear the cost of the maintenance of existing fences.
asked the Minister of Railways and Harbours: (1) When he proposes to move for the appointment of the members of the Select Committee on Railways and Harbours; and (2) whether the piecework system and the new railway regulations will be suspended pending the report of the committee?
replied: (1) I hope within a few days. (2) The answer is in the negative.
asked the Prime Minister whether, in view of the high price and the poor quality of Colonial meat, he will consider the propriety of removing all duties upon imported meat?
The Government do not think that any action in the direction indicated by the hon. member would be justified at present.
asked what the Government has already done, or, if nothing has been done, what it intends to do in regard to the petition from J. P. le Grange Lombard, praying for compensation or relief in respect of a concession to build a tram line granted to him by the late Transvaal Government, and for consideration and relief in respect of moneys advanced by him during the late war and in regard to which a loan was obtained from the Transvaal Government, which petition was referred by this House on the 30th April, 1912, to the Government for consideration?
The Government has carefully investigated the subject matter of Mr. Lombard’s petition, and, after full consideration of all the facts, has arrived at the conclusion that there is no justification for granting this gentleman any compensation or other relief. Mr. Lombard was duly advised in this sense on the 28th August last.
asked the Minister of Agriculture: (1) Whether his attention had been drawn to the reported discovery of a tick-destroying organism by a Mr. Munro Hull, of Cudgee, Emundi, Queensland, and which treatment is being investigated by the Queensland Government; and (2) whether he will by cable inquire from the Queensland Government the result of the said inquiry?
replied: (1) A reference to an alleged discovery of a tick-destroying organism by Mr. Hull appeared in the “Queensland Agricultural Journal,” together with a statement to the effect that the Queensland Government were investigating the matter. (2) The results of the investigations have not yet been published, but the Queensland Government have been asked by cable to furnish us with whatever information may be available.
asked the Minister of the Interior: (1) Whether any decision has been arrived at by the Government in regard to the site for a National Art Gallery in Cape Town; (2) if so, whether the proposed site will involve the construction of an entirely new gallery on the grounds of Government House, Cape Town, or merely the adaptation of Government House; (3) whether he will, in either case, undertake to have a sufficient sum put on the Estimates for twelve months’ work for the work of construction or reconstruction, as the case may be; and (4) whether he is prepared to state an approximate date for beginning the work?
replied: No decision has yet been arrived at; but the hon. member may rest assured that every endeavour is being made to expedite the matter.
asked the Minister of Posts and Telegraphs whether his attention has been drawn to the very inadequate accommodation, both for the public and officials, at the Worcester post, telegraph, and telephone offices, and, if so, whether it is his intention to provide the necessary additional accommodation, and when?
replied: I am aware that the accommodation at the Worcester post office, both for the public and the department, is inadequate. It is intended to proceed as early as possible with the enlargement of the building. Certain negotiations with the Municipality in reference to the transfer of the necessary ground have not yet been completed. The matter is being pressed.
asked the Minister of Railways and Harbours whether, in view of the fact that scab inspectors recommend lime and sulphur as one of the best dips, he will be prepared to allow sulphur for dipping purposes to be conveyed by rail at the same rate as other dips?
replied: No; it is not considered expedient to apply the same rate to sulphur as that charged for dips. Sulphur is a substance that is extensively used for manufacturing purposes throughout the Union, and to reduce the rates thereon would result in a substantial loss of revenue to the Administration. The quantity of sulphur used for stock purposes is infinitesimal compared with the tonnage imported for manufactures.
for Mr. M. Alexander (Cape Town, Castle), asked the Minister of Railways and Harbours: (1) Whether he is aware that the up-country mail train due to reach Salt River at 7.4 a.m.. on Monday, the 17th instant, arrived at Salt River at about 7.13, while the train leaving Cape Town for the suburbs at 7.05 a.m. was standing at the other side of the same platform at Salt River station, and that while the mail passengers were walking across the platform to catch the suburban train, the latter was allowed to go away, so that the mail passengers had to wait for the 7.36 a.m. train, being the next suburban train to go beyond Rondebosch; and (2) whether instructions have been given to enable mail passengers to join suburban trains at Salt River, and, if so, whether steps will be taken with a view to such instructions being carried out?
replied: (1) Yes; the incident being due to a misunderstanding. The station official in indicating by a hand signal to the guard that the train was not to proceed, inadvertently overlooked the fact that he was holding a white flag in his hand, which was taken by the guard as a “right-away” signal. (2) The station staff have clear instructions as to what to do, and the misunderstanding in this case is regretted.
asked the Minister of Railways and Harbours: (1) Whether it is true that his predecessor in office promised to have a route surveyed to connect the Selati with the Pietersburg-Bandolier Kop railway, via Haenertsburg; (2) whether such survey had been made and with what result; (3) whether it has been decided to carry the Tzaneen line on to Zoekmakaar; and (4), if so, whether he will ask the Railway Board to have a survey made of a line to connect Haenertsburg and the Woodbush village with the Pieters-burg-Bandolier Kop line; and whether he will take into consideration the construction of a light line for that purpose in his programme of railway construction?
replied: (1) The answer is in the affirmative. (2) Yes; a flying survey was made which showed that line could be built, but at considerably greater expenditure than Zoekmakaar section. (3) Yes. (4) A further survey is not considered necessary at present. The claims of the Haenertsburg and Woodbush districts will be borne in mind when considering future railway extension programmes. The railway construction proposals for this session have not yet been decided upon.
asked the Minister of Mines: What was the total amount derived by profit tax, share interest, and other sources of revenue from diamonds during 1912?
replied: As the accounts are kept on the basis of the financial year, it is more convenient to give the figures for 1912-13 than for the calendar year 1912. I trust that the 1912-13 figures will be equally suitable for the hon. member’s purposes. They are as follows: Profits tax and miscellaneous revenues: Receipts for ten months to 31st January, 1913, £427,000. (N.B.—It is improbable that there will be any further receipts under this heading before the close of the financial year.) Government ownership: Receipts for ten months to 31st January, 1913, £224,000; revenue collectible before the close of the financial year, £196,000; total, £847,000.
asked the Minister of Justice (on February 13): (1) What has been the number of prosecutions under the Shop Hours Act (Transvaal), 1908; (2) in how many of these cases have convictions resulted, and in how many instances have the cases been dismissed, and what has been the principal ground on which such prosecutions have been dismissed; and (3) whether any concession stores on mining areas are exempt from the operations of the Act, and, if so, how many?
replied (on February 18): (1) During 1912 there were 376 prosecutions in 20 districts of the Transvaal under the Shop Hours Act; (2) in 322 cases convictions resulted; in 37 cases the plaint was dismissed, and in 17 cases it was withdrawn. The principal reasons of dismissal were: In 12 cases the evidence was either insufficient or conflitting; in 4 cases the wrong man was charged; in 3 cases the sale was within and delivery after closing hours; in 2 cases no proof of sale by accused; in 2 cases accused had several licences, and was entitled to be open under one; (3) twenty stores were exempt, 12 of these being in Benoni area, 4 in Heidelberg, and 4 in Middelburg.
asked the Minister of Justice, on February 13: (1) Whether he has received a petition from the inhabitants of Waterford in the division of Jansenville, praying for the establishment of a periodical Court at that place; and, if so, whether he has decided to grant their request; and (2) if no such petition has as yet reached him, whether he will, in view of the inconvenience suffered at present by the inhabitants of Waterford, take into consideration the advisability of establishing a Court there at an early date?
replied: A petition has been received with sixty-six signatories praying for the establishment of a periodical Court at Waterford, in the Jansenville district. The official report from the Government representative, however, does not make out a conclusive case for the establishment of a periodical Court, and it is therefore not proposed to establish one at the present juncture. Further enquiry will, however, be made in the recess.
asked the Minister of Defence: Whether it is a fact that the High Commissioner has received instructions to call for tenders in England for uniforms for the Union Defence Force, and whether manufacturers in South Africa will have an opportunity of tendering for the same and will be given preference?
replied: Urgent orders for the first year’s supply of certain articles of uniform for the Permanent Force and Active Citizen Force have been placed with the High Commissioner for the Union in Landon. This course was unavoidable owing to the necessity for the orders being executed at very short notice. Local tenders for the manufacture of 16,000 pairs of knickerbockers in the Union and for the importation of hats and jerseys for cadets are being invited. An order for 13,800 pairs of leggings of local manufacture has been placed in Pietermaritzburg. For future supplies of clothing for all portions of the Union Defence Forces it is intended to give merchants in the Union full opportunities for tendering. Owing to the short time available, it was impracticable to adopt this course for the initial supply, and the High Commissioner reports that it has only been possible to get the orders executed for delivery within the time stipulated by dividing them among several different firms at different prices. Revised Tender Board Regulations have been prepared and will shortly be laid before Parliament, in which provision is made for according a preference to Government supplies which are produced or manufactured in South Africa.
The Bill was read a first time, and the second reading set down for Friday week.
moved: That Messrs. Krige, Cronje, and Andrews be discharged from further service on the Select Committee on Fidei Commissary Bequests, and that Messrs. Watermeyer, Steytler, and Boydell be appointed in their stead.
seconded.
asked for some information to show why the change should be made.
said the reason was that the members named were sitting on a ther committee, and could not serve on this committee.
The motion was agreed to.
moved: That in the opinion of this House the time has arrived that Act No. 31, 1907 Occupation of Farms Amendment Act, Transvaal, be carried out in the sense in which it was intended by the Transvaal Parliament, and that the Government should consider the advisability of granting titles to the registered owners of occupation-farms in Zoutpansberg. The condition of the people affected was not of general interest, but on the treatment which the motion received at the hands of the House depended the question whether those people could continue to exist. He urged that the case of the Zoutpansberg people was deserving of special consideration. He pointed out how after 1867 the land in Zoutpansberg had fallen in the hands of the natives and that it was impossible to get whites to settle there. In 1884, as the outcome of undertakings to occupy the lands and give service in time of war, about four hundred families had entered the district and had taken up the land. It was not a case of a poor white settlement, but the men undertook to do commando service, and in return the Occupation Law was passed in 1886. In support of his motion he referred to the speech made by the Transvaal Minister of Lands in 1907, Mr. J. Rissik, stating that the object of the law had been attained and that the need for further occupation had lapsed. For many years the Zoutpansberg people had been the barrier against the attacks by large and savage hordes of natives, having taken part in five Kafir wars, and the time had come that justice should be done to the people who had made the country inhabitable for whites. He quoted from a speech made by Sir Percy Fitzpatrick in the Transvaal Parliament in 1907 in sympathy with the Bill then introduced. They had made habitable by whites some 25,000 square miles of land. For thirty years the old voortrekkers of the Zoutpansberg district had rendered great services to the rest of South Africa, and these services should now be recognised. They now owned an occupation certificate, but that gave them no sufficient security. The Crown Colony Government saw that, and introduced an Ordinance giving freehold titles to those who improved their holdings by a value as great as that of the farms. Since then the value of land had risen, whilst during the late war the improvements were destroyed and the houses burned down. The Ordinance was therefore valueless. Mr. Rissik had granted 259 applications for freehold, and had not refused one. Since Union, however, the old Transvaal law seemed to have been lost sight of, notwithstanding to-day the inhabitants of the Zoutpansberg district hold the ground under deeds which laid it down that they could hold the ground as long as they permanently occupied it. The present Minister of Lands went back to the position which was taken up in the Act of 1886, viz., that the farm must be personally occupied by the owner and improvements made on it, whether it was suitable for improvement or not. The security of tenure under these circumstances was, he said, far from sufficient. No ground could be transferred to minors, for instance, and great difficulties were experienced on the death of an owner. No bonds could be raised on the ground, and even the Land Bank refused to advance more than £100. The hon. member went on to refer to other difficulties experienced by farmers, and pointed to the impossibility of permanent occupation owing to the unhealthy conditions during a certain part of the year. If freehold were only granted to these people they would be enabled to improve the ground, but under present conditions they could do nothing. And what would these people have to do if they had to leave their farms? Would they have to go and increase the number of the poor whites in the towns, so that the question could again be considered by Parliament? At present the Department was hunting these people from their farms. There were only 300 of them left now. All they asked for was security of tenure, which was in the interest of the whole country. The present owners could undertake no expense to improve their ground, and he quoted the case of a farmer selling his ground for five shillings per morgen; the result was that the next owner, who was a man of means, could make a fine farm of the once desolate property and the late owner was helping him to make a dam on it. (Hear, hear.) He appealed to the Prime Minister to support the motion, and give these people an opportunity of becoming as prosperous as other farmers in South Africa. The talk about speculation was only a bogey. They had fulfilled their share of the contract, and it was the Government’s duty now to do their part. (Hear, hear.)
in seconding the motion, referred to the great services rendered by the people of Zoutpansberg to the rest of South Africa. When the Government did not know what to do, they had, in 1886, passed what was known as the Occupation Act, under which they promised farms to people who would come to live there and defend the country against barbarians and act as border guards. Well, people had come from all parts to act as protectors of the boundaries and to defend the country against savage native tribes, and their graves were now to be seen everywhere on the low veld. They had taken part in the wars against Malaboch Magato, and other Kafir chieftains. These people had paid for the ground as no other people had, and it was now the Government’s duty to grant them freehold, and it was the duty of this House to see that justice was done.
also supported the motion, and pointed to the unhealthy conditions prevailing in Zoutpansberg. In 1886 the district was practically uninhabited, except by wild animals and evil men. The men who had gone there to occupy the ground had made great sacrifices, and had suffered many hardships. They had gone there on certain conditions, and had fulfilled their obligations. How could the Government now possibly refuse to acknowledge their rights? How could they fail to recognise their own obligations? (Hear, hear.) Mr. Burger, who was a member of the Executive Council, or at any rate of the Transvaal Parliament in 1886, admitted in 1907 that these people had well earned their rights to these farms.
pointed out that Zoutpansberg was not an Eldorado when these people had gone there. Surely, after all they had undergone, it was only right that they should now be treated fairly and justly. From speeches made by the former Minister it appeared clear that the occupiers had fully paid for their ground and were entitled to freehold. The Government had undertaken to do something, and should carry out its undertakings.
also supported the motion, and said he was present in 1899 when the Government promised freehold. Owing to the war breaking out this promise had never been fulfilled. He hoped these people would now receive justice.
in his reply, said the voortrekkers in Zoutpansberg were Well assured of sympathetic treatment on the part of the Government, in fact as well as in words. He sympathised with the request, but he had to point out that he was a trustee of the public, and as such he had to act. There were very deserving cases in which the application would not be refused, but there were others which were not deserving. The old laws laid it down that for personal occupation and defence freehold would be granted. Certain cases were provided for under which exemption might be granted, but occupation was the principle underlying all the laws. They always found that where State lands were given away on certain conditions an agitation arose for the withdrawal of those conditions. There was no difficulty about getting title when the conditions were complied with. A speech made by the Minister of Lands in the Transvaal had been referred to, but after all he had to act as the law prescribed and not on any speeches. Under the law of 1904, insanitary conditions, etc., could be taken into consideration. The law, however, only referred to the suspension of certain conditions. Mr. Rissik, as Minister of Lands, in his speech had said that the Government had originally intended to do away altogether with the occupation clause, but subsequently they had decided that this would be inadvisable. He (Mr. Fischer) could not undertake to give freehold to everyone. In 366 cases freehold had been granted by Mr. Rissik, and there were more cases where it would be granted. There were, however, many instances in which there had never been occupation. Could these people be granted freehold, these people who simply speculated with the ground, and had never made any improvements? Surely Parliament could never agree to that. At first the ground was of little value, but now the price of land was rising. Every case should be dealt with on its merits, but those people who had simply bought the ground for speculative purposes, who had never seen the ground even, deserved no such consideration. The speculators were not even asking for the freehold, but used other persons for that purpose, the persons mainly from whom they had bought. The Government was prepared, and would continue, to grant freehold on the most liberal terms to those persons who had complied with the laws, but not to the others. He had to comply with the law himself, and as trustee of the public he would see that everything was taken duly into consideration. The mover said it was impossible to live on some of the farms, and in the same breath charged the Government with hunting them away from those farms. How was it possible to hunt them away when they were not there? He agreed that they must give consideration to the Cases of the old voortrekkers, but they must be careful lest they should grant something to people who did not deserve such. (Hear, hear.)
replying to the debate, said he had been right in predicting that the Government would shelter themselves behind the speculation bogey. That would impress those who followed the Minister blindly and did not follow their own judgment. He again referred to the promises which had been made. All he asked for was that these people should be placed in a position to have more security of tenure. He held that a great many obstacles had been placed in the way of applicants for freehold. He did not plead for the speculators, but for the poor man. Even if a man wished to speculate with the ground he had the right to do so, because it was his ground. And if speculators to-day possessed the land, the Department of Lands was to be blamed, because under the law no transfer could be passed unless there had been occupation. What was the intention of the 1907 Act, he asked, and should they not act in accordance with the intention of that Act? The bogey of speculation had been raised, but they should not be scared by that bogey. (Hear, hear.) The law gave power to take away the people’s rights if they went away, but not if they still lived there.
On the motion being put,
declared that the “ Ayes ” had it.
called for a division, which was taken with the following result:
Ayes—24.
Alberts, Johannes Joachim
Andrews, William Henry
Becker, Heinrich Christian
Bezuidenhout, Willem Wouter Jacobus Johannes
Boydell, Thomas
Creswell, Frederic Hugh Page
Cullinan, Thomas Major
De Waal, Hendrik
Du Toit, Gert Johan Wilhelm
Grobler, Piet Gert Wessel
Joubert, Christiaan Johannes Jacobus
Joubert, Jozua Adriaan
Madeley, Walter Bayley
Marais, Pieter Gerhardus
Sampson, Henry William
Serfontein, Hendrik Philippus
Smuts, Tobias
Van der Merwe, Johannes Adolph P.
Van der Walt, Jacobus
Venter, Jan Abraham
Vermaas, Hendrik Cornelius Wilhelmus
Wessels, Daniel Hendrik Willem
H. Mentz and R. Granville Nicholson, tellers.
Noes—72.
Berry, William Bisset
Blaine, George
Bosman, Hendrik Johannes
Botha, Louis
Brain, Thomas Phillip
Brown, Daniel Maclaren
Burton, Henry
Clayton, Walter Frederick
Crewe, Charles Preston
Cronje, Frederik Reinhardt
Currey, Henry Latham
De Jager, Andries Lourens
Fischer, Abraham
Fitzpatrick, James Percy
Geldenhuys, Lourens
Graaff, David Pieter de Villiers
Griffin, William Henry
Grobler, Evert Nicolaas
Heatlie, Charles Beeton
Henwood, Charlie
Hunter, David
Jagger, John William
Keyter, Jan Gerhard
King, John Gavin
Kuhn, Pieter Gysbert
Langerman, Jan Willem Stuckeris
Lemmer, Lodewyk Arnoldus Slabbert
Long, Basil Kellett
Louw, George Albertyn
Maasdorp, Gysbert Henry
Macaulay, Donald
MacNeillie, James Campbell
Malan, Francois Stephanus
Meyler, Hugh Mowbray
Myburgh, Marthinus, Wilhelmus
Nathan, Emile
Neethling, Andrew Murray
Neser, Johannes Adriaan
Oliver, Henry Alfred
Oosthuisen, Ockert Almero
Orr, Thomas
Phillips, Lionel
Quinn, John William
Rademeyer, Jacobus Michael
Robinson, Charles Phineas
Runciman, William
Sauer, Jacobus Wilhelmus
Schoeman, Johannes Hendrik
Schreiner, Theophilus Lyndall
Smartt, Thomas William
Smuts, Jan Christiaan
Steyl, Johannes Petrus Gerhardus
Steytler, George Louis
Struben, Charles Frederick William
Theron, Hendrick Schalk
Theron, Petrus Jacobus George
Van der Riet, Frederick John Werndly
Van Eeden, Jacobus Willem
Van Heerden, Hercules Christian
Van Niekerk, Christian Andries
Vintcent, Alwyn Ignatius
Vosloo, Johannes Arnoldus
Walton, Edgar Harris
Watermeyer, Egidius Benedictus
Watkins, Arnold Hirst
Watt, Thomas
Whitaker, George
Wilcocks, Carl Theodorus Muller
Wiltshire, Henry
Wyndham, Hugh Archibald
J. Hewat and C. Joel Krige, tellers.
The motion was, therefore, negatived.
moved: That the petition from E. Clemmesen and 88 others, inhabitants of Benoni, praying for legislation whereby women, on attaining the prescribed qualifications, may be admitted to practise any branch of the legal profession, presented to the House on the 11th February, 1913, be referred to the Government for consideration. He said that this petition was one of many that this House would no doubt receive during the session. It arose from the recent decision of the Courts that no woman should be allowed to practise as a barrister or as an attorney. The idea of the people who had signed the petition was that no disability should be placed upon women in practising the profession of the law any more than in pursuing any other vocation. That was all he wished to say on this motion. It was sufficient for the House to understand that the aims and objects of the petitioners were that the House should affirm the principle that women should have the same opportunities as men to earn a livelihood. (Hear, hear.)
seconded.
said he had no objection to the matter being submitted to the consideration of the Government, but he hoped the motion would not be taken as expressing the opinion of the House that women should be admitted to the legal profession.
The motion was agreed to.
moved, as an unopposed motion, that notice of motion No. IV. for to-day, on the subject of introduction of General Pass and Squatters Bill, be set down for Friday, the 28th instant, as a special notice of motion, with precedence of Orders of the Day.
seconded.
Agreed to.
moved that the Government be requested to make inquiries as to the steps which are being taken in other countries for protection against hailstorms, and the provisions in vogue for the insurance of crops against damage by hail, and to report thereon to this House during the present session, if possible. He did not know whether the energies of the House were such that they would be able to tackle a question of that kind, but he did not think it would be considered a party question. (Laughter.) He hoped it would secure support from both sides of the House. It would be easy for him to explain what other people said was the scientific basis, and what measures had been taken in other countries for the prevention of hail; but as that would be only second-hand information, he would not attempt it. In this country, some years ago, he did make an attempt in the Transvaal to secure a scheme of insurance against damage by hailstorms, because there was no doubt in his mind that the occurrence of destructive hailstorms had been a serious deterrent to farmers. Where farmers had large areas and considerable outlay was incurred it was necessary that they should take into account the possibility of these hailstorms.
Those living in the Peninsula had not the remotest idea of what one of these hailstorms was. In the Free State, Transvaal, and Natal, men would see within five minutes a thousand or two thousand pounds’ worth of their crops wiped out, their livelihood gone, their animals destroyed, and their buildings damaged. They realised it was something very serious, and as a result they might alter their enterprise or leave the district. The alternative was to find some effective measure. For years past he had not believed it would be possible to find any means of dealing with this hail; it came so suddenly, it was so devastating, with such great force and in such little time, that he did not think it would be possible. He had read accounts of attempts to deal with it by dynamite, but their experience here in this country was that they would not have time to load their cannon or explode their dynamite before the hail would be on top of them.
In France they had now some 85 posts established for the prevention of hail. It was a contrivance that was in use like a very large lightning conductor, and the theory was that they developed one kind of electricity on the earth which negatived the other, and prevented the formation of hail. It was claimed that one of these towers would protect upwards of 9,000 morgen of ground. He did not know whether that was true or not. A wealthy Frenchman started it at his own expense, and he was a well-known man in his own country, and would not have done it if there was not something in it. It was then taken up by a man who was much more widely known—formerly Commander-in-Chief of the French Army and afterwards Minister for War. It was extremely unlikely that a man holding a position like that would lend his name to an enterprise of that kind if it were to be a gimcrack thing, and likely to be ridiculed. He had written on that question extensively, and defended it. He (Sir P. Fitzpatrick) had no doubt that in the archives of the Agricultural Department there were some records much more complete than any he had been able to get at, but it would be no good to them if they remained in the pigeon-holes. He believed that the cost in France of one of those towers was about £160, and he dared say it would be much more here. If that were all it cost, there were many individual farmers here who would say to the Government: “Deliver it to me and I will fix it up.” But, to his mind, it was not so simple at that. First of all, they had to have a survey of the country and look into meteorological conditions, the liability to hailstorms, geological formation, and such other information as a private individual could not possibly gather together. Although, of course, it might be a success in France, it did not follow it would be a success here. He did not wish to build up any wild ideas, but if it was a success there it was surely worth while trying here? In many districts the recurrence of these hailstorms did seriously retard development, and it was apropos to mention that he had a letter two days ago unfortunately explaining that on one of his farms the entire crop had been wiped out by hailstones the size of a hen’s egg. Many who lived down here in the Peninsula could not believe that possible. Sir Percy quoted other cases of great damage being done by these hailstones. All over the country, he said, this hail was a most serious drawback to farming.
Reverting to the cost of this experiment, he said he was prepared to believe that it might be an expensive one, not £200, but perhaps three or four thousand pounds, it might go to that, but if there was a possibility of success in dealing with this matter it would be cheap at the price. Private enterprise, even with many farmers cooperating together, could not undertake this, it was too big a task to get particulars from other countries and to get all the information together. He had brought forward the motion in the simplest form that he could. First of all it was a request to the Government, publicly made, to ensure that this thing would not be pigeonholed, and it was not referred to the Administration, who would conscientiously make all enquiries, but would have no opportunity of bringing the matter before the House, so that steps could be taken to bring it into force. The motion provided that there should be a report to the House, during the present session if possible. He had brought it in this way to got the interest of the public and the members of the House so that they would press their views and worry the Government into doing something. They should make sure that the matter would not be overlooked. Ministers were apt to forget little things of that kind. There was a fine opportunity at pre sent when no highly contentious matters were occupying the attention of the House.
He would not go deeply into the question of hail insurance; it was not easy for the Government to take action, as that would require a more extended enquiry than the prevention of hail. There were commercial firms who did a certain measure of hail insurance, not very good, but it would do for the time being. Looking to the future, however, the Government ought to set about enquiries and ascertain what was done in every other country. There must be some provision in the various parts of the United States of America either through private enterprise or the Government, and there were provisions in France and other places to insure their vineyards. In this country where farms were so widely scattered, it was not likely they would get private enterprise to go forward, and it would therefore be necessary for the Government to start something. What he had in his mind was not to be construed as a dole, or a present, or a bonus to farmers, it was an idea to give the farmers an opportunity of insuring the actual cost of what they were out of pocket. No estimates of profits, or what the crops might have realised, should be considered. It would encourage farmers to try again; they ought not to be handicapped or ruined as they might be otherwise.
seconded.
supported the motion, and referred to the success they had had in the extermination of locusts. Many people originally had thought it impossible to combat that plague successfully but the results had been highly satisfactory. Though he knew nothing of the new system for combating hail, the results of an attempt to combat it might be equally successful, and he certainly thought that the example set by France might be emulated. In that country the Government was building fourteen rows of towers over the whole country. In the Transvaal the damage caused by hailstorms was increasing year by year, and he certainly thought that Government might accept the motion, get all the information they could, and see what could be done.
said the mover dwelt in a part of the country where there were many hailstorms. Personally, he thought the matter was of serious importance to all who came from the Orange Free State and other districts where they suffered from the damage caused by hail. The department had already been making an inquiry, with the Geological Department, in that matter, and they had addressed correspondence, and were awaiting replies. So far the results did not seem to be satisfactory; as yet they were in the experimental stage, and they were keeping a close watch. The insurance question was also one of great importance, and he thought they ought to be able to get some information with regard to how the system of insurance was working. At present they had none; and they must see what could be done in that matter as well. He was very glad to accept the motion.
The motion was agreed to.
The House went into Committee on the Customs Management Bill.
On clause 118, Regulations and rules,
moved the omission from sub-section (c) of the words “and arrangements of particulars. ”
The amendment was agreed to,.
The clause as amended was adopted.
The Bill was reported with one amendment, which was at once agreed to.
The Bill was set down for third reading on Friday.
in moving the second reading of the Excise (Proposed Duties Procedure) Bill, explained that the measure was intended to supply a hiatus in our law. In three Provinces no provision was made as to when increased Excise duties were to apply. The rule in regard to Customs duties was that they began to apply as soon as a proposal was made in Parliament for their imposition, and they wished to extend the same rule to analagous cases. There was an intention, if possible, to deal with the Excise question. It was very necessary that the Excise provisions should be made uniform all over the Union, but it was necessary before that was done that they should have a measure like this on the Statute-book.
said he agreed entirely with the Bill, but would it not be better instead of making two bites at an unpleasant cherry, to make the Bill uniform? There had been a great deal of trouble in England over the collection of income tax, it having been decided by the law courts that a resolution in Committee of Ways and Means was not the same thing as an Act of Parliament. Would it not be better to make the present measure apply to all duties of every kind that might be imposed hereafter? The hon. member added that he hoped we should not have an income tax within a measurable time.
said it seemed a very simple Bill, but there was a new departure in it, which involved a very important principle. It occurred to him that the Minister had taken powers to recover from the owners of brandy the difference between the old Excise and the new, even supposing the holder had paid the old Excise on such holdings. That was a very important principle, and if he remembered aright, it was not a principle adopted in the Cape Province in dealing with the Customs tariff.
Oh, yes, it is.
said anyhow, he would be glad to hear from the Minister that he had read the Bill correctly.
said it was the same with the Excise Bill as with a Customs Bill. If they announced a new tariff, and had not this provision, the merchants would cable all over the world to get their stocks in before the new duty was in operation. However, it occurred to him that, in regard to the Excise, the stock was in this country. He supposed the Minister had some reason for introducing that principle, but he had not made it very clear.
said the only point that arose was in regard to the retail stock. In regard to the wholesale merchants—the distillers —there would be no difficulty, because while it was in their hands it was in bond; but in regard to the retail dealers, it was a different matter.
I think we did that on one occasion. We charged all the brandy on the advanced Excise.
We did that under your Taxing Act.
Yes, that is so. We taxed everybody. We taxed all brandy.
asked if the Bill repealed the present Natal Act?
said his friend the right hon. member for Victoria West wished him to make this a more general Bill, but he thought it would suffice as it stood at present, especially as he was very anxious to get it through. The position as stated by the hon. member for Riversdale was undoubtedly correct. A dealer who has already paid the present duty would have to pay the increased, and that applied not only to wholesale dealers but to all dealers. The Bill was necessary in order that these duties might be recoverable as from the date when notice was given of the resolution.
The motion was agreed to.
The Bill was read a second time, and Committee stage set down for Monday.
The House adjourned at