LATEST SOUTHERN TELEGRAMS.

Auckland Star, Volume VI, Issue 1690, 19 July 1875, Page 3

LATEST SOUTHERN TELEGRAMS.

DUNEDIN.

(From our own Correspondent.) This day. - Steamers for the North. The following are passengers per Phcebe, for the Manukau :—Mr and Mrs Saunders. The Hawea takes no passeDgers for Auckland. .'■ Pedestrianism. Ihe walking match between yonng Scott and Edwards is fixed for September 7tb. The Fire Brigade. The Star to-night says it is not surprised that the Fire Biigade seem fit to disband, and we regret that the imprudence of the remarks of Mr R. Fish should have led to their determination to resign. Really the Corporation has nothing to do with Insurance Companies, and to try to bully them into increased contributions on the threat of withdrawing public support from a body of men who sacrifice so much to secure the lives and property of their fellow-citizens, is as ungrateful to them as it is indecorous in itself. After eulogising the Brigade, it concludes by stating it is a pity that Mr Fish's long experience in public matters has not taught him when to speak and when to hold his tongue. The Otago MembersAll our MjLß.'s took passages in the Union Company's new boat Hawea. Another Waste Lands Dispute. Bu Honor gave judgment re the Southland Waste Lands Act exparte Mcintosh. The point at issue herein was whether a certain reservation by the Superintendent of Lands, comprising... amongst other three applications by Chas. Melntosh for land in Oretio hundred, whereof notification was published and proved in Gazette of July 15, 1874, waß or was not good in law. His j Honor decided there was specific reservator, and upheld the' decision of the Board. Leave to appeal was granted. ■An/application for writ was obtained in the matter of the Heriot hundred; It was before the Court sitting all day, and business is still unfinished. The Judge decided to communicate with the Chief Justice to ascertain whether it could be arranged for him (Judge Johnston) to remain here longer, or finish our Banco business in Christchurch. J Important Judgment. t Mr Justice Johnston gave two important judgments to-day; In the case Logan v. Otago Waste Lands Board, an action to compePthe: Board to sell him - certain lands ■t 20s per acre, the Judge dealt with the conclusion of the counsel for the Board that the case was one in which a remedy must be »y measure; and: not by appeal, by stating that it was not specially provided what the consequences were to be if theßoard disobeyed statute,; but even if a mandamus were necessary to Bet them in motion in case they took no steps consequent upon the decision of the court, it does not;follow that this appeal is not properly brought, and that Court is not bound to give: a decision under the Act. The w ncipal <lueation' is, whether' the Otago Waste Land Board were or were not justified in refusing to entertain and grant an application made by appellant for the land in question^asrural land, open for purchase at 20s per acre. The Board .profess to have refused *° do so, on the assumption that upon the facts set put in the affidavit of: Logan-and certificate, of the Superintendent, it was admitted by counsel, before the conclusion of the argument, that the land in question was j not in point laid; open for sale as rural land, having been authoritively declared to be land of special value,' under section' 85 of the Act, 1872. ; ; After carefully reviewing the - facts in detail as established by the affidavit of the appellant, and not disputed by the Board; he proceeded to Btate : " The appelant contends that he has a right to treat the lands in question as rural lands open for sale ?r disposal, under section 35 of Act, 1872, to respect of which the price' in the. absence of competition on the same day is, by section 36, fixed at twenty shillings, subject to certain; exceptions. On facts as1 stated, A do not think it can fairly be contended: that the land was Reserved or withdrawn from. sale.'or disposal by the ■Board with the consent of the Superintendent on the ground of its sale ordisposal being, or likely to'be, prejudicial to the public ;\ ""^^--My opinion is! that the grounds \X«ei to be. taken as several, not cumulative, it.appears that improvements have actually beetfmade; Upon the whole, 1 I come *> WO conclusion that the Case is brought

within the provision of section 85. I cannot say I feel very confident in the propriety of th;s decision, and greatly i egret that an interest of so important a character should depend on the decision of a question so nairow, and comparatively immaterial." J-"e appeal was dismissed, and the certificate ordered, to be sent to the Board confirming .heir decision. Leave of appeal was granted. Costs awarded to the respondents.