The Evening Star THURSDAY, MARCH 7, 1872.

Evening Star, Issue 2824, 7 March 1872, Page 2

The Evening Star THURSDAY, MARCH 7, 1872.

The Mayor’s ruling in the case of Police v. Lockwood was bad, socially. Nothing can be plainer than that any law that tends to institute distinctions of class in a community, or that invests a section of it with power to coerce the rest in matters not strictly pertaining to their duties one to another, must engender feelings destructive to mutual respect. Now, although Mr Fisll did not enact the law of Charles the Second, he most foolishly and unnecessarily committed himself to an opinion respecting it, which should disqualify him from adjudicating upon any information laid under that Act. But, before dealing with that matter, we should like to point out that in England whei’e, according to Mr Fish’s ruling, Christianity is “ part of “ the law ” —exceptions were made to the operation of 29 Charles IT., which created class distinctions and heartburnings that have tended more than anything else to deprive Sunday of its sacred chai-acter in the eyes of the classes on whom the incidence of the law rests. Thus, while by section 2 drovers, horse-coursers, waggoners, butchers, higglers, and the servants of those tradesmen, were prohibited travelling, or using boats, wherries, lighters or barges, the law had the grace to allow “ the dressing of meat in fami- “ lies, the dressing and selling it in “ inns, cook-shops, or victualling- “ houses, and crying milk before nine “ and after four o’clock.” As time went on these exceptions were found insufficient. By the 10th and 11th William 111., c. 24, not only were mackerel allowed to be sold before and after Divine Service on Sundays, but forty watermen were allowed to ply between Yauxhall and Limehouse. The 7th and Bth George 111. repealed altogether that part of 29 Charles 11. which relatives to travelling by water : the 34th George 111. enabled people to have a hot dinner, by permitting bakers to bake for persons things taken to their ovens—thus their dinners were cooked while they were at church. But all this time gentlemen’s carriages were not prevented running to and fro with their high-class occupants; their servants might ride or drive, as they were not included in the proscribed classes ; and thus the Church, as identified Avith the State, incurred, perhaps, undeserved odium in the minds of a large section of the population, with Avhom it has become a popular maxim that it sanctions one law for the rich and another for the poor. As another striking proof that the Christianity of the Irav of England makes invidious distinctions, and considers men’s pockets in its estimate of the peculiar privileges to Avhich their individual Christianity entitles them by the 1 and 2 William IY. ch. 22, drivers of hackney carriages may ply and are compellable to drive on Sundays, and by the 3 William IY. ch. 19, the Court of Aldermen in London, or two justices, are empoAvered to regulate the route of stage carriages, cattle, etc., on Sundays. Thus, it appears that, in the eye of that Christianity Avhich Mr Fish, Ave presume on the authority of Blackstone, as he nearly quotes his words, says is part of the Jaw of England, a

man in London may do and be compelled to do what another outside of London may not do under a severe penalty. That stage carriages may, run about London but not outside of it j that people may travel by water but not by laud j that people may buy mackarel, but not bread ; that people may buy beer, and grog, and cigars at a public house but not at a shop ; that fathers and mothers may spend their money in ale, wine, or spirits for their personal enjoyment, but not one penny in sweets or fruits at a confectioner’s for their children. We otter no opinion upon the question of the right or the wrong of these matters : all we contend for is, that there shall be no distinction made by Jaws. If it be wrong for John Lockwood to bring his wool into town, it is wrong for the Rev. G. Sutherland to go to Caversharn in a car to preach. It ought to be very evident that the utmost limit to which law should interfere should be i to secure to every man the opportunity of worshipping, as to his conscience may seem best : and if the Church or any section of the Church attempts coercion, that moment it raises against itself resistance which must of necessity destroy its influence. It is as true now as when Christ spoke it, his “ kingdom is not of this world,” nor did he sanction in any form a resort to the machinery of the world for coercion to establish his dominion. If it had been of this world, then would his servants have fought. It was not the supremacy of dictation that he sought, but the triumph of reason convinced, and willing obedience. We often feel surprised that his professed servants dare to do and advocate what he himself condemned. And now a word or two on Mr Fish’s imprudence. He said;—

With regard, however, to the present information, it appears to me it should have been laid (in somewhat different language) under the Act Charles ; because, in my opinion, driving a waggon through the streets on Sunday is not within the purview of the Provincial Ordinance, not coining, I think, fairly within the definition of “ trading.”

Now, to onr thinking, the Act of Charles the Second was not before the Court. An information was laid under the provisions of a Provincial Ordinance, and all the Court was required to do was to decide whether it could be sustained! In Courts of Justice we have frequently heard questions put by counsel with a view to elicit the opinion of a judge or a magistrate, regarding what he would do if the case appeared in another form ; hut we never heal’d any other answer than “ The case is not before “me ; I cannot tell.” But instead of that wise and prudent course, Mr Fish has prejudged a supposed case, and told the informers that, if they will only suit their information to the phraseology necessary under the Act of Charles the Second, such a prosecution must be successful. Tims the Mayor, in his capacity of Magistrate, not only becomes Counsellor, but binds himself, if he has any consistency whatever, to give a judgment against the accused, whoever the pre-doomed victim may happen to be. We regret this; fur of Mr Fish, in his capacity as Mayor, we have not on the whole reason to complain. It was an error of judgment on his part which should not be repeated. One word more : John Lockwood’s was a test case, and we think it very hard that he should be allowed by society to fight their battle of religious freedom and pay the cost. A very small subscription would reimburse him, and we do not doubt plenty would gladly contribute, for it is a common cause.

The Assembly.—The meeting of the Assembly has been further prorogued to Monday, April 29, to meet at Wellington. New J.P. Mr George Sumpter of Oamaru has been appointed a justice of the peace for the Colony. Theatrical. Miss Dolly Green was a passenger by the Maori to-day, and, we understand, is about to make arrangements for a theatrical season here. Yacht Clue. —At a meeting last night, it was decided to hold the closing cruise of the season on the Oth April ; the boats to start from the Pelichot Bay jetty. Yehy ./Esthetic —A navvy on the Southern railway extension (Canterbury) has declined to work there any longer on the ground that the scenery is so very uninteresting. Gas in Christchurch.—The City of the Plains supports the local gas company very well, for we read of it paying a dividend at the rate of 10 per cent, per annum last week. Total Abstainers.—The usual con 7 cert of this society was held in the Oddfellows Hall last evening, and passed off very successfully. Mr Sinclair was in the chair ; and Mr Sykes presided at the piano. Legal.—lt is stated that Mr W, Taylor, of Tokomairiro, has been offered by the Colonial Secretary the office of Crown prosecutor in the newly-formed district court of Tokomairiro and Clutha, and that he has signified his acceptance thereof. The Telegraph.—From a return published in the Gazette there were 97,644 telegrams forwarded during the quarter ending December 31, showing an increase of 27,268 on the corresponding quarter of 1870,

The cash revenue derived therefrom was L 6.809 12s 6d, showing an increase of L 1,697 12s lid on the same quarter of the previoue year. In addition there were forwarded L 2,593 9s 3d wonh of government telegrams, being an increase of 1393 2s 9d on the same quarter of IS7O.

Sickness amongst Children.—The Waikouaiii Resold understands that a great deal of sickness, chiefly dysentry, prevails in tlie Hyde and other up-country districts, which is attributed to the lengthened droughts, bad water, and the prevalence of hot winds.

Funeral. —The funeral of the late James Galbraith took place to-day, and was largely attended by the fire brigade, of which deceased was a member. The coffin was exposed to view in the hearse, and was covered with the Union Jack, the deceased’s working uniform being placed on top. Postal. —We are informed that by the Rangitoto the Post Office has received about four hundred letters from the mail which was on hoard the P. and 0. Company’s steamer Rangoon. The letters, although much washed, were yet in such a state that all can be delivered.

The Defence Minister. The Luna, with the Defence Minister, is due at Port Chalmers to-morrow. Mr M‘Laan is accompanied by Wiremu Tamehana Te Keke, of Waikanao, in the Province of Wellington, chief of theNgatiawa; and Aperahama Tamaiporea, of Waitotara, chief of the JN'garaimi. Land Sale—Mr James Milner has sold this morning Government land as follows : reserved lands at Port Chalmers, section 320, Ll4 10s (upset price, Ll2 10s} ; section 349, Ll4 10s ; section 372, Lls 10s ; in Dunedin, section 59, block 32, L 260 ; East Taieri, 40 acres at 2ls per .acre L 42 (upset price 10s) ; 73 3.12 acres at 17s, LO2 15s 9d (upset price, 10s.) Every lot offered was sold.

Very Unusual. —ln one of the country districts “ out west” in the helson Province, a man was charged with a petty theft; but when the constable came to be sworn, it was discovered that there was no Bible, and a search of two hours in the neighborhood proved of no avail in procuring one. Asa way out of the difficulty the culpit had to be dismissed. The district should be marked out as a suitable field for the labors of a missionary.

Testimonial. —Mr Simpson, R.M., was entertained on Monday at a public dinner at Lawrence, on the occasion of his taking farewell of the district, and on taking his seat on the Bench for the last time, was presented with an addrass by the legal fraternity, 'lire Chinese, not to be behind hand, made Mr Simpson a handsome acknowledgment of their appreciation of his conduct, by presenting him with an illuminated address and a diamond ring, valued at L3O.

The Governor.— His Excellency is not to visit Dunedin after all. In replying to Mr Wynn Williams, of Christchurch, Sir George says:—“l can only stay a day or two in town, for I must return to Wellington before the mail goes, on the ISth. Probably I shall be at Christchurch about the 12th, and leave about the 14th, but you must fix your day without reference to me. My visit is private.” At the present moment his Excellency is the guest of the Hou. W. Bobinson, Cheviot Hills, Otago and the Government. —The Independent's article urging that Otago should be represented in the Ministry is not very complimentary to our members, of whom it says that "as a body they have not betrayed especial ability nor exercised much influence over the deliberations of Parliament. There has been a narrowmindedness, so to say, which has very much interfered with the political weight and prest ge which Otago as a Province has a perfect right to be able to expect to exercise in the Legislature. It would be difficult, even now, toma e a selection of a member of the Cabinet from amongst the Otago representatives.” Reference is then made to the fact that the Government is unrepresented in the Upper House, and the hint thrown out that an Otago member might possibly be found to act as Solicitor-General in that chamber. As Mr Bathgate is the only legal gentleman among the Otago members, it is evident that he is referred to.

The Suez Mail.— The next Suez steamer is clue in Melbourne on the 12th inst. ; and as one of Messrs M'Meckan, Blackwood, and Co. ’s steamers is advertised to leave Melbourne on or about the 11th, the news may be expected by her about the 10th. It appears that the last homewardbound mail from this Colony, by the Kangitoto, will be detained in Melbourne a fortnight to wait for the sailing of the Baroda. This awkward and disagreeable occurrence was through no fault of Captain Mackie. The Eangitoto entered Port Philip n eads between four and five p. m. on the day the Bangalore sailed, and Captain Mackie, knowing that he could not reach Hobson’s Bay in time to communicate with the Bangalore which was then almost due at Queeuscliffe, hoisted the usual mail signal, and by flags endeavored to attract the attention of the crew of the mail boat. He came through the Heads shortly before live; and steamed past Queenscliffe at cpiarter speed. No response was made to his signals, and he steamed slowly on towards the West Channel. The Bangalore could then be seen under Mount Martha, rounding into the youth Channel. The tug Mystery, with the P. and 0. Company’s flag flying, passed the Hangitoto, and went up channel towards Melbourne, and as no boat was seen coming off Captain Mackie was reluctantly compelled to stand on his course. The mail consisted of fifteen bags and a great number of loose letters, and was therefore unusually large. It had been brought upon deck and was ready for transference to the mail boat, but though there was ample time for the boat to come off before the Bangalore arrived, the crew made no sign, and thus the New Zealand mail missed the steamer under very aggravating circumstances. The Wakatip Election.—As the polling-day draws nearer, the candidates appear to be warming to their work. Kightly meetings are the rule. Mr Macassey, however, continues to keep in hot water, and is unable to steer clear of the Wahatip Mail. In the last issue of that journal, he charges that paper with wilfully misreportmg him—which is indignantly denied—and after indulging in an expression of belief that it betrays the perceptible influence of “ Hallcngtein on the brain,” says, “ he regards with

equal satisfaction an increased supply of telegrams, prompted by the same motive, to the Dunedin Evening Star.” We thank Mr Ma assey for considerately mixing us up with his quarrel with the Mail, and if that journal’s assurance that our Queenstown telegrams do not emanate from that office, nor iiave any connection with that paper, is insufficient, we would have him know that our Queenstown correspondent has acted for us for years, and we have yet to learn that his impressions of the state of public feeling in the district are erroneous ; while it is some consolation to know on local authority that it is just as well that the Dunedin public should have come source of information to guide them, other than the plausibly-written telegrams of the Daily Times, Recurring to election matters, we observe that Dunstan’s representative has been figuring in the Police Court. AMr Richardson charged Mr Shepherd with using threatening language, to wit, calling him “a vile little liar, a little sweep, a blackguard and a scoundrel.” What raised the ire of Mr Shepherd was the publication in the Cromwell paper of a letter, of which Mr Richardson was the author, charging the former with ingratitude in supporting Mr Maca-sey, after the way Mr Halleustein worked for him at the general election. The magistrate dismissed the case, considering the complainant’s conduct in reading the offensive article in public as insulting as the defendant’s language.

A meeting of the Dunedin Mutual Improvement Society will be held in the Atlienicuni this evening, at eight o’clock. Members of the No. I Company (City Guards) are requested by advertisement to muster at the South Recreation Ground for battalion drill, at six o’clock tomorrow morning.

The eighth anniversary supper of the A.0.F., Court Enterprise, Ho. 3910, will be held at the Royal George Hotel, George street, to-morrow (Friday) evening, at eight o’clock. We see that a complimentary concert and ball to Mr T. Mitchell, who is about leaving for the North, will be given in St. George’s Hall on Wednesday next, Mr Mitchell’s services have ever been ready for any charitable cause, and wo trust that a substantial recognition of those services will be made on this occasion. An excellent band, assisted by several leading amateurs, will be in attendance.