The Evening Star FRIDAY, OCTOBER 7, 1870.

Evening Star, Volume VIII, Issue 2345, 7 October 1870, Page 2

The Evening Star FRIDAY, OCTOBER 7, 1870.

We imagined when Mr Baknes suggested that the sum of ,£l2B, charged as expenses in the Supreme Court, should be deducted from the “ alloca- ■“ iron” to Bell Ward, he was only giving expression to one ot those little bits of pleasantry with which the discussions of the City Council are occasionally enlivened. It seemed to us at the time so trivial, as scarcely to be worth mentioning in a report of the sayings and doings of grave and reverend seignors ; but it is evident it has assumed prominence through the appearance of having been acquiesced in by the Mayor and Corporation. We really forget how his Worship treated the matter, so little was said or done beyond a few passing comments on the heavy charge—a standing beacon to all makers of loose laws, and all who resort to the Courts for redress of grievances. Our correspondent last evening is however perfectly right, assuming the intention of the Council to be to mulct the Ward in the amount of costs; for it was clearly no fault of the ratepayers that the election was pronounced null and void. They did not make the law which had been violated ; they had no control over the returning officer who in the course of a difficult duty rejected the votes, and they were in no way instrumental in the after proceedings between Mr Baoley and

Mr Woodland. It may be a question in the minds of some whether or not the cost of the suit should not have been paid by the litigants themselves : but we hardly thinlc this would have been fair to men who come forward on behalf of the public, for they themselves were equally innocent in the matter as the electors; and were able men liable to have to defend theii seats after election at a heavy cost _ to themselves, the honor of being a City Councillor would be poor compensation for the annoyance and risk of expense to which they would be subjected. But, apart from that, the Corporation, in accepting the responsibility, could hardly do otherwise in honor than pay the money. The point raised at first was the legality of the proceedings of their own returning officer, who it was alleged had struck off certain votes On account of technical informality. It was not the mere question of the right of Mr Bag ley or Mr Woodland to the seat that was involved. It was a point not merely of local, but of civic importance; for it was to decide as to the limitation of the meaning of certain words in an Act of Parliament, and to form a precedent for returning officers at all future elections, by which they may be guided in deciding what votes may be accepted and what rejected. It is very unfortunate that this cannot be done without paying so heavily for it. Yet it is, at least at piesent, unavoidable. No matter what care is taken in drawing up Acts of Parliament, doubts never contemplated at the time will arise, ft is one of the infirmities of humanity that language cannot convey precise and definite ideas. Every lawyer acknowledges the truth of the hacknied saying, that there never was an Act of Parliament through which a coach and six horses could not be driven. Even were the Attorney-General the referee in such cases, and such a point as was argued in the Supreme Court submitted to him for decision as to what was the intention of the Legislature in certain clauses in certain Acts, the country would not be satisfied. Very likely, in the very next Parliament some member would be rising from his seat, and giving Mr Speaker notice that on such a day he would ask that the Attorney-General might be called upon to state on what grounds he decided that a certain interpretation should be put upon certain words in a certain Act in favor of which he (Mr A. B.) had voted, but that had they meant what Mr Attorney-General said they meant, he (Mr A. B.) would never have ■sanctioned them. This is often done even under the present system. Law after law is found in practice to work very differently from what its promoters intended. Amendment after amendment is passed session after .session, until like the old shoes that were : mended with new soles, then new heels, then new welts, and lastly new upper leathers, not a hit of the old substance remains. On the whole, then, it is better in our present imperfect state i that the sifting of such a question should be left to the thorough and searching test of legal argument before : an impartial and competent tribunal, (jhirchieif .objection is that -the process is too costly, and fliat there arc means and ways of reopening a question so often, that where paymasters are solvent tlm expenses are unduly swollen? The sum at M2S for settling the question whether it was sufficient to make a mark only across a given space or a cross within it, seems out of all proportion to the importance .ejf -the matter to he decided. Estimated even by the •value of the learning, research, and talent evinced in the debate, it seems a very heavy rate of interest on the amount expended in the acquisition and cultivation of them. However, that i« wot the question. The expenses arc incurred and must be paid. Our jircscnt business is with Mr Barnes's pleasantry anent the liability of Bell Ward ; and if he meant what people think he meant, and if the Mayor really did coincide in that opinion, very few people will he found to agree with either of them. It was a mere accident that the question was first mooted in. Bell Wayd. An election in any other ward might have been just as close run as in that. Had Mr Barnes been installed by a majority of one, and Mr Kauris had disputed the validity of the election, Ml’ Barnes is not the man to give in without a struggle, nor hi submit to pay the cost if he can avoid it, nor to allow the ward he represents to do it. There can he no doubt of its being a civic question, and not a local one ; and the sense of justice of every ratepayer would be outraged were Bell Ward alone to hear the cost.

To Correspondents.— The letters of “Fair Play” ami “Civis” are unavoidably postponed till to-morrow. The English News. —We did nob think it necessary to repeat the news already published of the'war in Europe. Much of the news by the Tararua was merely a repetition of what reached Dunedin via San Francisco, and the latest intelligence has already appeared more fully ilian the telegrams published this morning from Heater's.

Cricket. —The town clubs open the season to-xxxomnv ; and on each ground strung to .ms will he brought forward, so that some really fgood play may lie expeMed. The first eleven of the Dunedin Club will try conclusions with a twentytwo, consisting of Fuller, F. Muir. W. D. Smith, A. D. .Smith, Badborough, oheix, Davidson, Lit t!oy, Mo risou, Holmes, Arts Mackenzie, Anderson, Jones, White, Ogilvie, Muir, Shand, Lambert, Davidson, Clayton, Eva, and Hendley. The eleven will be represented by Kettle, Collinson, W. D. Murison, M'Douncll, Brown. Beade, Cairns, Allen, Beal, F. Fulton, Fulton, J. C. ; with Wilkinson emergency man.-The Citizens open the season with the married and single match. The following are the names of the respective elevens Married : Clarke, (.ole, Dale, Fagan, Fish, Gardxxer, Masden, Plelger, Bussell, Swire. Thompson, Watson, West, Woodifield, and Youugman. Single : Arxs, Cohen, Coxhead, Deudncy, Gcddes, Glen, Hogg, Josling, Larking, Morrison, Scott, Whetham, and Wills.

Soiree. —Yesterday evening a public soiree was held in Hanover street Baptist Chapel, which was very numerously attended. The building was very tastefully decorated with tlags, and various evergreens. To the energetic efforts of the ladies of the congregation was due the suecc-s o. the meeting ; and as they had at them own cxpence supplied the tallies, the entire profit-, of the soiree, which will probably amount to L4O or LSO, will be devoted to completing the repairs of the chapel. After tea, the Bcv. Mr Williams occupied the chair, and in his opening a (dress, pointed out the necessity for a larger charity on the part of Christians of the present day. lie said that there was a strong tendency abroad to form very sweeping uncharitable judgments in regard to matters (hat, wci'c not of vital importance. “ Not having known before what wre the religious iuelinings of the late Charles Dickens.” be said “that he bad x*cad wPh great sa(is*aefcion an extiaet fiom bis will, given in a discourse by Dean Stan cy, in Westminster Abbey, in which the following sentence occurs : —‘ I commit my soul to the mercy of Cod through our Lord and Saviour Jesus Christ; and 1 exhort my children humbly to this, to guide themselves by the teaching of the New Testament iu its expressed spirit, and put no faith in any nx.an’s new construction of its letter hei’o or there.’” Addresses were afterwards delivered by Messrs Dick, Cole, and Morse, and recitations were given by Messrs Deters and Adams. Several cln eqy pieces were sung by the tome sol fo, class that is conducted in the chapel every Mon lay evening, by Mr Brownlee. Air Deizdalc presided at the harmonium. All pi'esent seemed to enjoy themselves most thoroughly. We shall be glad to learn that, in a pecuniary point of view, the wishes of the promoters of the cntartaiument have been fully realized.

The steamer Golden Age is announced to make a trip to the Port on Sunday next, to meet the steam*rs Airedale and Alhambra,. Should the weather prove fine, many will no doubt avail themselves of the opportunity of meeting their friends.