FRIDAY, JULY 21, 1871.

Dunstan Times, Issue 483, 21 July 1871, Page 2

FRIDAY, JULY 21, 1871.

The .Report of tho Select Committee appointed to consider the varum petitions from different portions of the province, expressing dissatisfaction with our educational system, is as unsatisfactory as such productions generally are. While professing to dea mpaitially with 1 ho -question raised l>y the spiritual advisers of the Roman Catholic portion of the community as to whether Roman Catholic parents may, with duo respect for thenown mode oi faith, contiiiue to avail themselves of the present system of public education, the method of imparting religions instruction adopted

ill our schools, and the particular class of text -works in use. The report ignores the cardinal point at issue, namely, the denominational control to which teachers are, more Or less, subjected. Special <*ffo rt is made to convince the public that the utmost care is taken by the Education Board “to “ avoid any reference to the religious “ denomination of app icants for em- “ ploymeut ns schoolmasters, and that “no control or influence has been “ exercised by the Board on that “ point.” But the / direct replies of the teachers themselves to the question : “Do you consider yourselves “ under’any denominational control 1” have been suppressed ; or rather, when but thirty-six replies from the ninety and odd schools in the province hape been received, the report, signed “E. E. Cargill, Chairman,' 1 is published in hot has; e, to support a foregone conclusion, decided,': on by a majority of the Committee. No wonder that Mr. Haughton raised a protest, declaring the decision of ‘.he Com. mittee not in accordance with the justice of the case. The real question of denominational influence is not between the Education Board and the teachers, but rests with the local school committees ; irresponsiple bodies, vested with little actual power for doing good, but yet permitted sufficient latitude of action'to effectually control religious instruction, by the adoption of methods suiting their own peculiar doctrines—even pernicious methods, in the opinion of the minority of conscientious Christians, to whom the public schools afford the only means of instructing their ,Happily, on the gold-fields, this banefu: influence is not widely felt. Public matters are there entrusted to men of cosmopolitan experience, endowed with ideas of true Catho io charity, under whose control sectarian differences seldom ruffle the smooth current of public opinion on educational topics. But who can gainsay the statement that, in vm-y many of the pnblic schools of Otago, dermal interference is absolutely rampant 1 The exceedingly mild admission made by the Select Committee that, “In several “of the schools, .Catechisms are “ taught,” but faintly shadows forth the full amount of influence exercised by the reverend pastors and masters of our agricultural districts. Sooner or later, whether under the inspiration of the Right Reverend Doctor Moran or others, the question of denominational education must have forced itself upon public notice. Otago is no longer the home of one particular nationality. Her population now comprises men of many divers creeds and countries, and the growth and tendency of public opinion is against the upholding of any one system of religious education to the exclusion of others. The broad system of public education, now being elaborated by

the General Government of New Zealand, may possibly educe some brilliant idea for blending harmoniously the diverse sentiments of various creeds of professing Christians; but it may be questioned whether any system departing in the slightest degree from the plain straightforward princip'e of secular education in schools will be generally acceotable It is true the recently enacted Education Act of Great Britain recognises the necessity for religious teaching, and makes provision for the purpose; bub the many conflicting interests and petty sectarian jealousies existing in this sparsely populated colony can hardly fail to prove stubborn obstacles to its successful adoption hero. Even in the older colony of New South Wales, where the secular and - seetarian systems exist side by side, special aid being afforded by an influential clerical party to the latter, the evident decadence of the denominational party is strongly marked, pointing incontestibly to the fact that, even under the moat favorable circumstances, it is doomed to succumb to the current of public opinion. Petitions to the General Assembly, emanating from the dominant Church party in Dunedin, are now in circulation, praying ostensibly that no denominational system of education mav be legalised. In reality, it is asked that the present system, with its manifest imperfections, may be perpetuated. It is evident that the battle of the schools will he fought between the two extreme parties— Homan Catholics and Presbyterians unless-a third organization is formed having for its object the establishment of a purely national system of education.

LATEST NEWS. [BY - ELECTRIC TELEGRAPH.] (Per Greville and Co., Reuter’s Agents,) Dunedin, July 20,, 4 p.m. Belgium refuses to shelter Parisian incendiaries. The Times announces new French Loan of one hundred millions sterling. It is believed that the majority of the Assembly will adopt M. Thiers position. The Atlantic Cable of 1850 is repaired. The Washington treaty was ratified wi hout amendment. Sumner objected to Epglisb apologies as inadequate, but accepted the treaty. Purchasers of the Queen of the Thames have recovered a portion of the cargo, and entertain hopes of getting her off with fine weather. The report of the Cape inquiry is against Captain Macdonald. The log-book is lost. Goyder has written to the Times implying official negligence during the entire voyage. June sth. —Order reigns in Paris under -M‘Mahon’s rule. At Bello Ville and Pierre La Chase the final struggle was - desperate, no quarter bein' given. The number of insurgents killed and wounded exceed 33, 000, aud a similar number of prisoners taken. The insurgents killed the Archbishop of Paris, the Cure of the Madeliu, President Bougeane, aud sixty four hostages. The soldiers were exasperated, and summarily shot the Insux-gents, including women, who were caught firing buildings. A fourth part of Paris is devastated. The conflagrations have been arrested, but ruins arc still smouldering. The Library at the Louvre is burnt, but the museum is saved. Dombi-owski is dead. The National Guards aud the population are disarmed. A pestilence is feared. LATEST TELEGRAMS. JI'NE 10. The Czar arrived at Berlin on the Sth, Russian campaign is reported to be terminated Fires have broken out at four points in Constantinople. Miss Budett Courts bas been created Baroness Courts. Earl Russel has given Notice of adverse Motion in the House of Lords, repudiating the conditions of the alabama Treaty. Dunk dim, 4.45, The Provincial Council has been proroged. The Government earned their Land Resolution but accepted amendment on reducing the price of 1.-nd to 25 s. By a recent order in Council, the fee of 1/. heretofore charged for each certificate of title under the Land Transfer Act is remitted in cases where land has not been previously dealt with, and the certificate is applied for in the name of the original grantee Original grantees who have not dealt with their land can now bring it under tbe Act in their own names ou payment of seven slrllings for each grant and a ha’.f-ponny in the H. on the value. We are glad to record that our townsmen have, with their accustomed liberality, freely opened the hand of chanty to the unfortunate. A subscription list for Joseph Young, whose hut and little household treasure! were destroyed by fire on Thursday last, lias been in circulation and nearly 20/. already collected. Credit is duo to the Foresters Society for taking the first action in the matter. We noticed that the list is headed by a donation from “ Court Slav of the Dunstan,” and that nearly every member has also given his individual contribution. Such kindly action is in true keeping with the motto of the Order, instituted to lend a helping hand to brethren in distress, and to alleviate the sufferings of those overtaken by accident or misfortune. The A itow District Mining Association, numbering already some one hundred and forty members, publish a report setting forth the following objects of the association I—To see that we have a fair share of the Revenue expended in the district. 2—To impre-s upon the Government the immediate ■ necessity of constructing roads or tracks to the outlying districts, and of repairing old ones. 3—To use our best endeavors toontain tbe abolition of the Gold Expoxt Duty. 4~To obtain a reduction of tbe fees for registration. 6—To obtain the repeal or amendment of any Regulations which may bo unjust or obnoxious to any section of the miners. 6 —To use every means in our power to prevent a further influx of Chinese into tbe Colony. 7 —To get a fair share of the “ Grant in Aid of Water Supply” expended in the district. B—To prevent s] collators from monopolising large areas of ground, to the exclusion of bona fide. miners. 9—To prevent agricultural lea-cs from being taken up on auriferous ground, and to have such leases cancelled where necessary. 10—Should the Warden give a decision which may be injurious to the bulk of the miners, the association may take up the case, and carry it before the Supreme Court or other tribunal in order to test the validity of such decision. The Eye Laws provide that the annual subscription shall be two shillings and sixpence ; that any member may submit any matter affecting the mining interest for consideration, that none but bona file members shall'be eligib’o for election, as member of Committee ; that communications shonl 1 bo opened with kindl'd associations, throughout this or other provinces, to induce unanimity of action, and that all members of the association should have their names placed on the Electoral Roll. die newspaper, the Southern League, to he pmblishe in Dune in as the organ of the Liberal party, is to bo edited by O. D. Irvine, O.E. late of Invercargill.

A considerable rise of some feet of the waters of the Molyneux took place on Tuesday night last, caused by preceding heavy rains. If is falling as rapidly as it rose, and hopes are entertained that it will have the effect of scouring away gat erings of tailings that have proved so great an impediment to the Dredges. • We have been requested by the Commit'cc of theVDunstan District Hospital to call attention to the bazaar, on Wednes ay evening next, at the Town-hall, Clyde, in ai l of the funds of the above Charity. We hope our readers have prepared their presents for the occasion y who have not should lose no tirno, as they may shortly expect a visit from]the Collectors. At a recent public meeting,' held at Tuapeka, for the purpose of considering the question of the reduction and ultimate abolition of the duty on gold ; af.er various resolutions had been carri'd, upon the direct point at issue, Mr. Mouat proposed the following, as suggesting a method for remedying some of the grievances complaint of: —“ That the system of entrusting to--various bodies the expenditure of money, which they are not responsible for raising, is subversive of political honesty, a great waste offpiiblic money, and a heavy drain upon the revenue ; and that therefore the expenditure in subsidising‘Hoad Boards and Municipalities, beyond, in the case of the last, a limited assistance during the early years of their existence, is unsound in policy, productive of jobbery, gr-sa cor-" ruption, and waste if public money in works beneficial only to private individuals and it is only snggeste 1 that "a cessation of such subsidies would enable the Government to dispense with a taxation which weighs heavily upon and retards the development of'ono ortlie leading industries of the colony.” The speaker contrasted the miserable pittances doled out for important works on the gold-fields, and the support of hospitals, with the liberal subsidy of 48,000/. to Bead Boards; formed, as the speaker averred, of fathers, sons, tin eles, &c., members of one family, only interested in making roads to their own farms, and contributing comparatively little to the public revenues of the Province. A curious episole in the transaction of municipal business has just occurred at Tokcmaiiiro. A discovery has been made by some zealous members of the Town Council which will either prove a veritable !‘mares nest” or r suit in a resident at Tokomairiro, being shorn of Municipal honors that he has worfhily home. Mr. G. W. Langley, Town Councillor and Mayor expectant ; who for some twenty years or more has lived in British dominions ; in one of his gushing moments admitted that, although living under the British Flag, he had never taken out his naturalization papers, and could therefore still boast of being a free and independent bold American This little bit of chaiacteristic self-assertion has brought him to grief. At the Revision Court he discovered that the filends of his convivial moments had good memories, and had objected to his name appearing ou the Citizens Roll, on the ground of his being an alien. The objection being founded on the 18th golauso of the Municipal Act, ISGS. From the Bruce Standard we learn, that at an adjourned meeting of the Town Council, on the 10th iust, the point was argued and evidence taken in support of the objection. Mr. Walter Taylor, barrister, appeared for Mr. Langley and objected to the validity of the notice as not having been gazetted, and also that the Aliens’ Disability Act of 1170 overrides tbe provisions of the Municipal Act and gives to aliens being owners of property equal rights as citizens with any British horn subjects. After much discussion, one Councillor proposed that the objection should be sustained, and another carried a motion that the Citizens Roll, including Mr. Langley’s name, should be approved of. A third mo ion was carried, tlra legal advice should be obtained, aud ultimately a committee was appointed to prepare a case for submission to the Provincial’ Solicitor for his opinion thereon. (Since the above have been in type we learn from the Bruce Herald that Mr. Langley has resigned office. The Provincial Solicitor having given an opinion that the Aliens Act 1870 is limited in application, and can not be bold as repealing section 8 of the Constitution Act, or removing the disability in the Municipal corporation Ordinance, also that Mr’Langley’s name being on the Citizens Roll, he might thereby exercise tbe franchise, but it is doubtful if lie can hold office. Section oil of the Municipal Ordi nance specially provides that no person shall act as Mayor, Councilor, or Auditor without being duly qualified. The question now arises; Arc the acts of the Council carried into effect during the time Mr. Langley held office now invalidetod ?) We learn from the Mount Ida Chronicle, that at the District Court at Nascby cn the 12lb instant, the appeal case of Duffy and another v. Robinson, Warden, was brought ■fox-war 1, but after a long and desultory argument, bis Honor declined to hear the case. The Warden had refused to grant a mining lease of eight acres at Hyde, and de- . dared the ground open to holders of miner’s rights and business licenses, or to applicants for leases, ns if no lease had ever been applied for. The grounds of the appeal were, that the Gold-fields Act did not confer the power on Wardens to refuse a lease after being granted, and that the Mining Regulation clause 23 is not in accordance wiih the Gold-fields Act. By the Ore’/month Argus, wo learn that Mr. ami Mrs. Hilton are playing at the AsBcmb'y Rooms, Hokitika. Mias Dolly Grcou is reported to be on 1 eg way from Newcastle to Dunedin, with a travelling ibeit* ideal company. We are .informed that minin' operations at St. Ba ban’s, suspended for a time on account of the severe frost, have been par(dally resumed, and, if the px-eaei t thaw las‘s, the miners will soon again 1 o aclive’y employ, d.

It is the custom just now to find fault with John Chinaman, and own to nothing goo lin him or his eurtoundinge. We are all prone to fiscuss his failings, and it hence becomes a matter of justice to credit him, whon we can with any good evidence of his desire fur honest fair dealing. A short time sine? a re-ideat in this district, living in a somewhat out of the way locality, was visited in the dusk of the evening by two Chinamen, heavily laden, foot sore, and weary, who, mistaking his hous for a wayside “ shanty,” asked for food and lodging for the night. Having but scant accomodation for accidental visitors, and probably not caring for the moment to make too familiar acquaintance with the interesting strangers, the proprietor of the house directed them elsewhere, and even took the trouble of searching about to find them edging*, but wthout success. None of his neigh ors were inclined to take John ih, and at last, making a virtue of necessitv, and being withal of generous impulse, our friend gave them lodging, supper, and bad, and a good breakfast in the morning, declining to receive any money as recompense. The two Chinamen were profuse in their profession of thanks and went on their way rejoicing A short time afterwards, again in the dusk of the evening, another Chinaman called at the same house, not for lodging however, but merely to leave a carefully packed parcel, which having left, he 'instantly departed. On being opened it was {mind to contain seme pounds of exclient sea, a gift from the benighted Chinamen to their kindly i ntertainer. From an advertisement in- the “ Daily Times ” it appears that a Mr. Green, the patentee of a “ new dredge for th" Molyneux ” is prepared to enter into liberal arrangements with persons desirous to apply themselves with his new Patent Dredge for raising wash-dirt from the bei s of auriferous rivers, or conveying wa er on or to the banks or slopes thereof (or sluicing purposes. We wish him every success in the undertaking. The following are the parpar iculars of the invention as taken from the same journal : —The vessel is sixty feet long, and is to have a flat bottom, square steam, and long sharp bow, so constructed as to offer the least resistr-nc to strong currents. She can be deeply immersed/' when that is required, by the admission of water through valves in her sides, thus bringing her nearer to the ground to be worked upon. She is fitted with a divingbell of sufficient size to enable iwo men to be constantly at w rk therein, procuring and senbing up wash-dirt. This tell is of a rhomboid shape, being sharp at the ends with convex top, and may be used with or without shifting weights, to be attatched as the bell descends, to counteract the buoyancy given by the supply of air to the workmen, and to be detatehed as it emerges from the water. The dredge will also have a pair of paddle-wheels for the purpose of working a pump or pumps to convey water on or to the banks of rivers, for sluicing or any other purpose, and by a simple contrivance the paddles tan also be used to warp the vessel from place to i lace when desired. We look upon this invention as likely to effect a complete revolution in river dredging, as the spoon dredges are noto. riously inefficient, and all the present appliaucs for getting gold from the of livers are, in the opinion of most practical workingmen, comparative failures, inasmuch as they cannot reach the richest deposits in clefts, s-'ims, pools, and in the numerous bars in-the stream. B. Mr Green’s process, however, the men can go down onto the reef in any part of the river, and literally sweep the same with a broom, thus lifting everything to the most minute scale of gold. We team from Mr Green that he as already entered into negotiations for placing at least two of his vessels on the Molyncux, and we wish t hem every success. Lithographic drawings are now lying at our office for inspection, as also at Mr. Hazlett’s store. Awiew building Society, to be called the “ National Provincial Permanent ” has just been established in London, which in its operations will introduce some new features in the practice of building societies. It contemplates offering to borrowers many advantages,; amongst others it proposes to give the mortgage deed, free of expense to the borrower, and at the same time to abolish all entrance fees, redemption fees, premiums, auction and ballot, and to make advances on applications setting forth the particulars of ihe property for which the advance is sought, which, if approved, the amount, applied for will he immediately paid in full free from all deductions. The society proposes to issue guaranteed debenture shares at 51. per cent inteve t, payable half yearly, and also realised share* wrh interest at the same rate and a participation of the bonus, which together, it is believed, would average on the full term of fourteen years from seven to ten per cent. The Society as shadowed forth in the prospectus is to be established on a broad basis, and contemplates doing a large business, not only in London, but in the Provinces. Apai t from special advantages to the general pub lie, it is intended to render aid in the building of churches, chapels and schoolrooms, and thus to enable small or comparatively poor communities to avail themselves of the provisions of the new Education Act. It is notified in the Provincial Government Gazelle, that immediately after the town land sale at Clyde, on the 16th of August next; Block I, Lower Hawca district, comprising 2306 acres, surveyed into lots of from forty to fifty acres each, will be offered for sole at the upset price of If. per acre. , , The moailtcre- of the Forester's Court, “Star Of the Dunstau ” intend to hold tjmit cuaternary annual celebration in August next, instead of deferring it un!il November as hj re'oforo. We believe it has been, decided to give a supper and friendly gathering of the brethren and probably a dance afterwards, but no deli; ite arrangements have *et been concluded.

It will be gratifying to the friends of Mr. Stratford in this district to know that the residents at St. Bathan’s have, on the occasion of his departure from amongst them, presented him with a beautifully engrossed address and handsome watch and chain, as a token of their o.steom and respect. The presentation took place at th > lloyal Hotel, Naseby, on the 10th instant, and was made by Mr. H. VV. Robinson on behalf of the St. Bathan’s Testimonial Committee. Mr.. S ratford, in reply, while 'hanking his friends at St.-' Bathun’s for the substantial testimony of their good-will and kind feeling towards him, said, referring to Mrs. Stratford, that, could the presents to divided, but a small portion would fall to his lot. While taking no part in public affairs, and confining himself very much to his official duties, one whom he was to for a happy home and life, with a truly kind any sympathising nature,had all hearts to herself by her sociable affectionate disposition. By advertisment in another column it will he seen that Mr, Mussen, the Photographist, will shortly arrive at Clyde, and exercise his art. Mr. Mussen’s proficency is too known to need any particular mention; buj; i n no ifying his coming among us, we I would strongly recommend those who desire either a truly artistic Portrait, a group, or vi ;w to place themselves under his special guidance. The Mount Ida Chronicle states that Mr. C. H. Carew has accepted the appointment of Warden at Black’s, and will very shortly commence his new duties. It also says that * the people of Naseby are not disposed to allow Mr. Carew to depart from their midst without some valuable and tangible mark of their respect an ! es eera. The following is from a Sau Francisco paper ; —Every steamer which arrives from Austra ia brings to our city a number of Englishmen, returning from that country to * their native land, and the mi takes and little accidents which occur during their sojourn here are often very laughable and ridiculous. By the last steamer a certain scion of a noble family in England arrived and regis ered himself at the Occidental Hdtel. Fi cling a litt e dusty after his journey, he went into a barber’s shop for the purpose of indulging in the luxury of a shave and shampoo. He hung his coat on the rack, and submitted himself to the tonsorial operations with perfect abandon. After the cleaning and brushing had been completed, he pul himself inside his coat and felt for his pocket-book to pay* the bill, , but his portmonnaie was gone, an i although every receptacle about his person was examined, the missing book, which contained COJI. in English bank-notes, and a turn in sovereigns, w as gone, and he was obliged to borrow seventy-live cents to discharge tin barber’s bill. On the same evening, when another of our English travellers was about to retire, he put his coat outside the door in the hopes that it would be nice y brushed for him, . Un.ortunately he left several hundred dollars in notes and coin in I the coat, and in the morning, much to dismay, he recovered that article of drefa as dusty as ever, hut minus the inoneji. Straightway hi went to the o ee of ,fo hotel, and said to the clerk ; “ .Mr. Clerk, I’ve bee.i robbed ; I’ve been r bbed, sir I ’ ami he then detailed the fa its cf the casi. The clerk told him I e ought to feel veiy glad that he had got his eo..t back, an , advised him not to put his money outside his bed room door hereafter. Some of the arguments used by those who, while admitting the necessary. f substituting a simpler form of Government for Provincialism, but are afiaid to face the results, are very amusing, Take the following from the Welliuyton Advertiser as an example:— “ if Provincialism could at one felt swoop hi swept away ihroughout the colony we might have reason to rejoice at the leform ; and, even it the change did not prove a beneficial one, we should, at least, be no worse off than our neighbors. But to affect this singularly would, be a fatal mistake. We all know how the stricken deer is treated, and if we tried to be differentfromourneighbors we should undobtedlymeet with more kicks and cuffs than sympathy or assistance. There is a world of truth in the old proverb which would teach us at Rome to act as the Romans do. We may see that many cf the actions required of us are foolish and extravagant, but we can’t appear wiser than-ktose around us, unless, .indeed, we happen to be very much richer. Now, if we were to affect singularity of Government, and even if wo could ' abolish Superintendent, Provincial Council, and all our other peculiar institutions, it would be at once understood that it was poverty which compelled us to do so, and our rimer neighbors would commence at our expenco to experiment upon us. Wo could not afford it, and our last state would be worse than our first.” An incident in the adventures of ChiSfg has been brought under the notice of the Ballarat Courier. The giant’s agent met a rather attractive young woman, whose acquaintance they had made-at Pleasant Creek, When visiting one charitable institutions there, she presented with a splendid bouquet, and asked to kiss his celestial countenance, with u-blrij she professed to 1 e enamoured. Chang blushed and after some hesitation consented The inamorata detailed her worldly pros, pccts, her wealth in shares in a golden claim on the North Cross Reef, which she would place at his dis 03 d, if he would make her his bride- Pursuing the object of her love she has come to Ballarat to mako a fresh offerof her heart and hand to the tallest man , in the World. A later paper says the Indy is said to have been graciously with an engagement diamond ring by Chang “Sho has been stopping,” race the" Geelong Express, “at the same lintel as the giant, and on his deprlure from Ballarat for Geelong the enamored la’y al-o e-yarUj for Ijer .homo at Pleasant Creek, intmnfng to w tch narrowly Ihe movements of t.'ifc ‘ tall one.’ ’’ ,|

A Wellington contemporary says:—“ The Government proposes to introduce about two thousand five hundred immigrants during the next twelve mouths. They are to consist of five hundred able-bodied persons—agriculeural laborers and mechanics—who are to pay SI. for their passage-money, or to give a promisso'y note for 7L > payable twelve months after arrival; of five hundred unmarried females, to whom free passages will he granted ; and about four hundred friends and relatives of colonists, to be charged 51. for their passage ; and of one him’red families of Scandinavians, who are to be all farm laborers, lumberers, or skilled mechanical laborers, to be provided with free passages.” The peculiar digging nomenriature in Otago is amusingly exemplifiel in the letter of a correspondent writing from M'Craes to the Daily Times. Amongst o her items of news he informs the public, that Big Benton has obtained a grant; Scotch Mac gives good reports ; the Barber’s party are busy with some Chinamen ; the Donkey party are prospecting ; at Sweeps, the Whisky party ;.re pushing away ; the Rock Scorpion has an immense tail race ; at Sally’s Beach, Shag River, Tom’s party are racing the old creek ; and at the Highlay, German Pep per’s party are sluicing the Rat Hill. DISTRICT COURT. (Before his Honor, Judge Grey.) Tuesday, 18. Feraud, appellant, Holt, respondent.— This case came on as an appeal from the Warden of tho district, (Mr. Pyke), whose judgment we gave at length at the time. Mr. Brough for appel ant, Mr. Wilson for respondent. The g ounds of appeal were as follows : Ist. Tliat the evidence adduced before tho Warden was sufficient to entitle the complainant to a verdict for the full amount of damages sought to be recovered. 2nd. That tho complainant was not willing to submit to a nonsuit, and that the Warden has no power to compel him to do so. 3rd. That the decision was given by the Warden for the express purpose of ousting the jurisd'etion of a superior Co' rt. Mr. Wilson took a preliminary objection that the second and third grounds were not strictly grounds of Appeal at all, and were not true in fact, and that the first did not disclose sufficient grounds whereon to appeal. After argument the Judge decided to hear the evidence of the Warden, and afier examining Mr. Pyke, decided that although Mr. Brough did not at the t'mo of Mr. Dyke’s decision say in so many words that he refused to be nonsuited, still ho thought he was not a consenting party to the nonsuit. Tho Judge then decide I to hear the case, when Mr. Wilson objected to the jurisdiction of the Judge of the District Court to hoar and determine a case coming before him on Appeal on fresb evidence, as it in fact tben 1 ecame a new trial, and not an Appeal. His Honor ruled that ho had jurisdiction. Mr. Wilson then asked if Lis Honor woul I s'ate a case on that point for the opiu'on of the Supreme Court, which he agreed to do. Mr Brough opened 'he case for the appefiant, and after calling Mr. Feraud and other witnesses, whose evidence is familiar to our readers, the appellant’s case was closed. ■Wednesday, 19. At the opening of the Court, Mr. Wilson for the respondent, moved several nonsuit points Ist. That no evidence that Holt had “ improperly diverted ” the water or “ unlawfully deprived ” Mr. Feraud [of the use of it, as alleged in the complaint, had been adduced. 2nd That “no notice” requiring the water as alleged in the complaint had been proved to have been given. 3rd.—That from the evidence given for the appellant, it did not appear that even if be had hail tho use of the water, any other resultwoul 1 have followed. 4th :—That if notice < iven prior to the formeractionaskingHolt to point out “ in what convenient part of Young’s race” the appellant could take the water was to be taken as applicable to ibis case that the appellant bad no legal right to deman 1 water from Holt's race at all, and that the most he could dn, a? an agricultural leaseholder, was that he should have the water from the source. In support of this ground counsel cite 1 his Honor's judment in a former case between the some parti s. 5. That the appellant, by his witness Sims, had proved that, if the water had been allowed to flow down its original channel it would not have benefitted the appellant in the least, and consequently that the appellant had sustained no loss, (J. That the Court has nothing before it to show that the evidence in the Warden’s Court was sufficient to entitle the appellant to a judgment there for the full amount. After considerable argument, the Judge over-ruled all the points, and the case proceeded. Several witnesses were examined (whose evidence was too leng hy to give). Mr. Wilson then summed up and Mr. Brough replied. The Court reserved judgment till the following day. Thursday, July 20. His Honor took his seat at ten o’clock, and proceeded to give judgment, of which tho following is a summary :—He regretted that the offer of the Warden to re-hear the case had not been accepted. He agreed with the Warden that anything like a perfect ease had not be' n made out before him ; andthat it might be said that it was tantamount to treating the Court with scant courtesy. He (the Judge) might send it haek to the Warden ; but, when he found from tho judgment of the Warden that both parties had made up their’minds t) appeal, he conld not do so, nor cause any more delay or expense. Ho thought there bad been a disturbance of a right of water. It was in the power of the Warden granting the right to construct a race to endorse conditions on the certificate. Certain portion of the. water from the Wat Kcri Kori Creek remain by the certificate in question ungranted and belongs to the leaseholders

Now, was that part of the valley where Feraud’s farm is situate likely to be honefitted if the water was allowed to flow in its natural course, Mr. Pyko spoke, in his evidence, of the very scanty supply in 18G2 ; others spoke of half a sluice-head as likely to reach the farm. At any rate, whatever water would come to him he (Mr. Feraud) was entitled to it as a riparian proprietor. Probably something from half a sluice-head to a sluice-head would come down. Then came the question : was the water diverted without the sanction of Feraud? And, if so, did such diversion causeany damage? He (the Judge) thoughtit had done some damage An important element in considering this case was, 'the water in Young’s raoa, and he thought the Warden, in his judgment, justly complains of the want of Young’s evidence so as to enable him (the Warden) t > form a satisfactory judgment. Young’s race was a very striking circumstance ; hut, when examined he did not think it ha 1 so much importano as at first sight aqpears. Unit was entitled as acainst Young that Young’s water should go first. During the dearth spoken of in the evidence, this race of Young's, which carries a sluice head, and flows through Feraud’s farm, is not used by Feraud (or but seldom) for irrigating his farm there, but is used by him f->r bis farm at Monte Christo. No one has any right to complain of this except a riparian proprietor below him—then should it lessen the damages against Holt ? Holt is not entitled to the benefit of any expcnce incurred by othars. He has a right to say Young shall turn in his water if 1 have to turn in mine. Young might say to Feraud, “ well, take the water at the Gorge.” It was contended by Holt that, if the whole of the water was let go, there would not be a sluice head reach Feraud’s farm. When it was suggested that Feraud might use Young’s water be “poohpooh’d” it as being utterly useless to him though it amounted to sluice head. Then this would lead to a conclusion that Feraud must have greatly over estimated his loss' when he seeks such enormous damages from Mr. Holt. Mr. Feraud says that Young’s water would not irrigate ten acres fur two months. Now we know that Young’s water was, at any rate, very important to him at Monte Christo. Something had been said about a tender of certain water by Mr Holt. Now he (the Judge) did not mean to say that, even if Holt had tendered a certain quantiy, and the Court had considered such quantity sufficient, that such tender would relieve Holt from vexatious litigation ou the’part of Mr. Feraud but he thought that in such cam, the damages would be very small. He (the Judge) thought half a sluice head would bo very useful t > Mr. Feraud, but not in the way that his sanguine temperament would lead him to expect, and he, (the-Judge) thought that 'MI. would compensate him. He should not treat This as varying the judgment of the Court below, but, entirely in the light of a now trial Mr. Wilson asked his Honor to stay execution for a month, in order that he might get his Honor to state a special case for the opinion of the Supreme Court, on.tho point raised as to jurisdiction. His Honor stayed execution till the 2oth of August. " DUNSTAN JOCKEY CLUB. ”’ : An adjourned meeting of the : committee of the Dunstan jockey Club was -held at the Port Phillip Hotel on Tuesday evening last. ’ -- *V. Present, Messrs. C. P. Beck, W. Grindley, J, Cowan, S. Welsford, J. Hazlett; 'Robert Stewart, R. Barlow, aud J. Cox. James Hazlett, Fsq., Vice President in the Chair. Upon the motion of Mr. Beck, seconded by Mr. Grindley, it was resolved that the Spring Meeting be held oh F.iday the Bth of September. Proposed by Mr. Cowan, seconded by Mr. Welsford, That the qualification fee bo done away with. Carried. Proposed by Mr. Grindley, seconded by Mr. Cowan, That the fust lace be a Handicap Hurdle Race ; second race, Maiden Plats; third race, a Handicap; fourth race, for Hacks ; to wind up with a Hurry Scurry. All races, post entry. Carried. (For full particulars, 'see advertise I programme in another column.) Resolved that the Stewards be Messrs. Hazlett, W. Fraser, J. Cowan, J. G. G. Glassford. Starter, S. Wcllsford. Judge, W. W. Wilson. Clerk of the Course, R. M‘Marian. It was resolved upon the motion of Mr. Grindley, seconded by Mr. Stewart, that the programme be published in the first issue of the Dunstan Times, and that the Treasurer and Secretary be requested to arrange for inserting the same in future issues. Resolved that the right to occupy the grand stand and paddock he sold on the 30th August. Resolved that Mr. Wellsford be appointed to have the course put in proper order. Proposed by Mr. Grindley, seconded by Mr. Hazlett, That Mr. Stanbrook be appointed Secretary, (pro tern), carried. With a vote of thauks to the chair, the meeting separated. CONGREGATION iL TEA MEETING, ALEXANDRA. The third annual tea-meeting of the Presbyterian Church Congregation at Alexandra took place in the School Room, ou Wednesday evening last. Notwithstanding the inclement weather and the wet state of the roads, the room was well filled. Darkness and discomfit, oftentimes fertile sources of fretfulness and ill-feeling, were resolmcly shut outside, and joyous countenances gleamed upon the gaiety and comfort of the scene within.

The Rev. C. Stewart Ross, who occupied tho chair, called upon the Rev. Smith, of Naseby, to ask a blessing. Thereafter the clatter of cups comipcncod the

interchange of social pleasantries, and the undistinguished murmurings of uncounted voices. The “Old Hundred” introduced part second of the programmed the evening. , After a few introductory remarks from the Chairman, Mr. Theyers, Mayor of the town and Treasurer of the Presbyterian Church Committee, was called upon to address the meeting. Mr. Theyers thought it was greatly encouraging to those interested in the cause of religion to find so great an interest exhibited in this, the third annual meeting of the.Cpngregation. Union is strength. When a community work together zealouly and draw together heartily the Jesuit will not be doubtful, Where ministerial efforts arc confined and concentrated progress will be made, and our past experience will .show hopeful grounds J’or the advancing prospects of the future. Tho Rev. M'Cosh Smith "remem’ ered having been present at a social meeting, which pr vilege cost him sixpence. Supplies were limite 1 , however, to ba; of biscuits rnd cookey—not abundant and unlimited, such as a’New Zealand public enjoy on such an occasion. He remembered something of one speec which was made there on.the subject of doing good. Two principles were laid down, enforced by homely illustrations. First principle’was : if you intend to'do good, do it at cm e. i Second, first way is likely the besf'way. Procrastination steals not only time but everything else, instances Hiring in morning— sluggard Public house—until motion of body in public street, write, write in clear and lislinguishable characters, drunk. Mrs. Burrows playe! on the piano with ] great execution and effect, the “ Calyph of Bagdad.’L Two gentlemen dehghted the assemblage with “ The Haunt of tho Fairies,” played on the violin and piano. T The [Rev. Donald Ross, of Queenstown, on being called upon to address the meeting, felt very much in the position of the Son of the Emerald Isle who had lost his balance and fallen into a ditch. “ Pat, are you/lead,’! said'a passing friend. | “ Not dead, sa d Pat.” but spachless,. However he would make a few remarks on an observation which he had overheard on the road. Well Bob, how are you gesting . oi. In cm way merchants may get on in their stores, diggers in their claims, ministers in their work. But were they getting on in spiritual things. The necessity of this lie sought to impress on them. Mrs. Burrows sang with high appreciation and loud applause, “Nearer my God to thee,” “I’m a spirit young and fair,’’and “come where the moonbeams shine.” Mr, Finlay gave an excellent and interesting reading, from an anonymous work. And the iwo gentlemen who played previously on the piano and violin in their execution of the “ Blue Bell,” and “ Haunts of the Fairies,” called forth loud and prolonged expressions of delight. Mr. William Samson, Mr. Brltto’!, and Mr. W. Robertsob, sang songs which were received with loud and tumultuous mirth. Votes of thanks to all the speaders and 1 musician?, to she ladies and to the chair were proposed by Messrs. Reid, Chappie, and Ross. ’ • The Chairman closed tho meeting with prayer.— Communicated. ORIGIN A L COR RES PONDENCE [Me do not identify ourselves with the opinions that may be expressed by our correspondents.] A VOICE FROM CROMWELL. Sir,—We G'romwcllites take credit to ourselves for being smart business men, doing things as they ought to be done, setting forth a bright example to our neighbors, and flattering oiirse.ves that they are willing to take us at our own valuation, We possess, moreover, a modest j uirn d assuming to be faithful exponent of public opinion ; Now, suppose mind, I only say suppose it fulfils this duty ? What is the li:tle public game at present ? I confess myself in a maze, In one column I see Air. Smitliam held forth as the best May r the town ever made with a long list of his virtues. In turning over to another page I see the Editor's name attatched to a requisition to Mr. Taylor, where he pledges himself to use all Imnora bio means to secure that gentlemans return. In another portion of the same paper I sec a mo ion hy Councillor Dagg, seconded by Councillor Whe ter, that the Town Clerk write to Mr. Hickey, thanking him for the interest, lie lias evinced in the district. Is this sarcasm or what ? Yours, fee., CONSISTENT. PROVINCIAL COUNCIL, (Condensedfrom Daily Times.) Mr. Henderson asked, “ Whether it is the intention of the Government to supply the public with young forest trees from the Botanical Garden, and if so, on what terms ? Mr. Reid replied that it was the intention of the Government to supply the public with forest tree?, but ho was in forme 4 that the number at present available was not sufficient to supply the public to any great extent. They were used principally for the plantation of public grounds. There were, however, a great number of seeds sown, and probably in a short time a laruo number of plan's would he available, which would be distributed. Mr. Haughton moved, “ That tins Council ■in accordance with Part HI, of tho Immigration and Public Works Act, 1370, desires to recommend, under tho provisions, of. the said Act that the following works, without delay, be initiated for water supply on the ! Gold-fields, with a view to theircoiistruction j tm -tr subs'dv, or by gimrsn+ee of interest on the money expended 1. Head race from Coal Creek to Bannockburn Ranees, Dunstan district. 2. Plead race from "the little Kycburn to the workings about Nascby

to be used as flushing water, Mount L!a district. 3. Eeservoir in tlie Tuapeka] basin, Tuapoka''district. 4. And such’other works as the 'Government may deem advisable. That a respectful address die presented to his Honor the Superintendent, requesting him to forward the foregoing resolution to the General Government.” Carried. Mr. J. C. Brown moved third reading of the Payment of Members Bill. The Hon. Mr. Holmes said the question arose whether they had the power now to alter a decision arrived at on a previous occasion. Beforethe estimates were brought down, the Superintendent .requested by message that a decision should be arrived at as to ihe amount to be paid as honorarium to honorable members, in order that it should he fixed hy Ordinance. After full dehate it had been decided to fix the payment at 13s. per diem. He quostiono I whether it was competent now for the Council to alter that decision by providing in this Bill that the amount should he “any sum not exceeding 20s. per diem.” He would put it to the Provincial Sectary whe'her is was competent to alterthat decision. The Speaker pointed out that such a qucstion'shov.lJ he submitted'to bim forjhis decision. The Hon. Mr. Holms moved as an amendment, “That the Bill should bo read that day six months.” The amendment was lost on a division by seventeen to eleven. The Hon. Mr. Holmes then submitted, as a pointfof order, whe her the former resolution of the Council could be altered by the present Bill. The Speaker sa'd that the' House had already decided that the payment should he fixed at 15s per diem. A provision was now inserted in the Bill before the Council that the payment should be fixe I at a sum not exceeding2os. per diem for country members and 10s. for town members. His ruling was that the provision did not a'ter the resolution previously agreed to. The Bill was then read a third time, and passed. Mr. Sheperd moved. “ Than a plan of the Province of Otago, showing the approximate dire' tion of lines of railway recommended by this Council, and also showing lan ’s within forty miles thereof, belonging to the Crown, sui-able for agricultural settlement and lands alienated from the Crown in the same distance, bo prepared and forwarded to tba House of Representatives, to be laid on the tabic of such House the beginning of next session.” The motion was supported hy Mr, Reid, and carried. Mr. Robertson moved, “That an Address be p esentedto his Honor the Superintendent, requesting that the sura of 2009/. bo place on the Supplementary Estimates, for the purpose of building a bridge across the | Shoto er, near'Arthur’s Point; payment for such work to be in land, under Clause 51 of the Otago Waste Lands Act.” Motion | carried. | Mr, Robertson moved, “That an Address j be pr seated to lih honor the Superintendent ! a king’that the sum of 252/. he placed on I the Supplementary Estimates, for Completing the road from Queenstown to Arthur's Point ; and the sum 500/., to construct the road from Arthur’s Point to the Arrow ; said roads to be constructed (under tender) hy Agricultural Leaseholders, who shall receive payment under Clause 51 of the Otago Waste Lands Act, in the purchase of their lands. ” Motion carried. PROVINCIALISM. The Grey Rlvs.r_ Air/ is is responsible for the follow ing expression of opinion “ Provincial institutions arc working themselves out literally. -The great strongholds of provincialism—Otago and Canterbury—arc showing symptoms of a desire on the part of the garrisons themselves to throw down the walls from the inside. Canterbury is opening its eyes, and would be only too glad to see Provincial Government as at present constituted wiped out. If wo turn to Otago—the very focus of Prsvincialisra—we find the radical evils of the system coining rapidly to the surface. There we have the remarkable picture of Local Government being administered by an Executive which is notoriously oppose I to its Head on the q ties 'ions in which the people profess to he the most vitally interested. Mr. Mac an drew, the Superintendent, was elected upon the strength of opinions of policy entirely opposed to those held by his opponent Mr. Reid. Mr. Reid is now the responsible leader of the Pro' viucial Government. Ho commands a majority inrthe Provincial 'Council, but with his majority is i* a position of antagonism to the Superiutendant, who alone can give legal effect to the decisions of Mr Reid and his followers. Can anything be more absurd than such fictions as wo have presented to us of the working of Provincial Institutions? No wonder that even of Otagoarcsilution has emanated from amongst the Provincial Council itself in favour of the termination of the existing farcical parody of State Govcnnout, and the substitution of a system of a simple municipal character. No doubt the unavoidableresultofanypolicyofa Colonial character, such as that initiated by the Consolidation Act of 1567, and again by the Immigration and Public Works Act of last session, will be the reduo ion of the Provincial Governments and Councils to the exorcise of the merest local functions. But the attempt to Struggle against the inevitable is no longer invested with dignity or sentiment. Mr. Vogel now would not venture to recal his celebrated overwrought similio of the Christian Martyr floatin'* down the stream with a circle of glory round her head. Ho would have to look, too, for a more familiar and less sentimental imago to depict the downward career of Provincialism. Probably a drowning dog with a stone tied round his neck would bo nearer tlie mark.