The Evening Star THURSDAY, AUGUST 3, 1871.

Evening Star, Volume IX, Issue 2640, 3 August 1871, Page 2

The Evening Star THURSDAY, AUGUST 3, 1871.

rule —which in this mstanpb has been observed too minutely—we have forborne to call public attention ft 6 Hie proceedings in the Resident Magistrate’s Court" against ] the members of " the" Executive Government. The whole subject, so far as the public are concerned, might have been discussed irrespective of those proceedings, for the question of the advantage to be derived from the construction of the road across Anderson’s * Bay has nothing to do with the legal points involved in the magisterial investigation. The dismissal of the case removes the necessity for any further punctiliousness with regard to it, and the evidence adduced in support of the charge supplies material for judging of the iiatuVe and inteht; of! the, prosecution,; ; It! is not,,ouVipurpose : to, rouse indignation against.the prosecutor, for in ia sense he has claim to our sympathy, supposing that the proposed road interferes in any degree with the design he had in view Avhen he built his house. But that sympathy neither can nor ought to extend to justifying the endeavor to make a court of law the means of preventing the construction of a road imperatively required for affording access to a large and fertile district, the produce of which is of as great advantage to Dunedin as the market of Dunedin is to owners of land on the Peninsula. .. Had the formation of this road been attended with any drawback, excepting the single instance of partially obstructing the prospect from the windows of a-gentleman’s bouse, there would have been ground for hesitation in approving of it. But on every other ground the evidence for the prosecution utterly foiled to establish objection- The counsel for the prosecution would not allow the idea to go abroad that it was solely instituted on public grounds, although the course pursued in evidence was intended to prove damage to public property. It was attempted to be Shewn that the transport of firewood and bricks by water would be interfered with, although the plan on which the work was to be constructed was not clearly brought out. But, partially as it was defined, it was plain that provision was intended to be made for the purpose, that would in all probability give greater facilities for loading and unloading lighters than are at present possessed, It was attempted to be shewn that Anderson’s Bay would silt up; but the engineering evidence, so far from confirming this view, went to shew directly the contrary. It was affirmed that this strip of road would injure the harbor by excluding a quantity of tidal water equal to its. own bulky and thus reducing the scour : but every engineer of any experience held that if' such were the result, the effect would be absolutely inappreciable ; and although it did not come out in evidence, we may state as a proof of the value of such a theory, on competent authority, that the very , utmost effect it could possibly have, would be to reduce the depth of water on the bar one-sixtieth of an inch. So far as the law is concerned, we do not offer an opinion ; but of this we are certain, that the benefits of the road are such that, were it necessary to apply to the General Assembly for a special Act authorising its formation, such a general feeling exists in its favor, both in town and country, that no effectual opposition could be offered to its being obtained,. We can arrive at no other conclusion but that the public have several good grounds for complaint. First, that obstructions for acknowledged private advantage have been thrown in the way of the formation of a much-wanted public work. Surely if the prosecutor suffered, there are means of obtaining compensation without throwing impediments in the way of public improvement. The means of inter-coramuuication with the Peninsula have hitherto been precarious and expensive. The present road is at many periods of the year, and in bad weather, almost impassable ; and at all times involves such an amount of haulage as to interfere very materi - ally with the prices at which produce can be supplied : thus retarding development and taxing the settlers very heavily. The road in course of construction might be on a nearly level gradient from Dunedin to the Heads, and thus facilitate settlement and increase the value of all the property to which it rendered access easier. By the proceedings in this case the cost of construction has been very much increased ; First, because every day’s delay deprives the population of the advantages derivable from the road. These are capable of being valued in money. And Secondly, by the withdrawal of a number of labourers from reproductive employment, by the necessity for employing counsel many

days in defence of those accused, and hy the withdrawal of a large number of professional and other persons from their labor, in order to give evidence on the subject. And this brings us to another view of the matter—the hardship upon individuals through the proceedings having been instituted in the Magistrate’s Court. About twentyfive 1 witnesses were subpoenaed, who have been in attendance several days to the neglect of their private business and at considerable personal expence, not one penny of which has the Magistrate power to award them. Could the cost of these various prosecutions be estimated, in the loss of time of professional men, farmers, merchants, officials, necessary law expences, cost of counsel, time of magistrates, and delay in the completion of the work, it would very nearly amount to the value of the property ailed ged by the prosecutor to be injured. It is time that some other mpthod than that of remitting . such preliminary envestigations to the Resident M agistrate was adopted ] but stillfurther is-it advisable that influential men, instead of obstructing; development, should aid ’ for their own interest as well as that of the Province. If the value of property rises, ‘their own will share in the increase, ,