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Evening Star, Issue 2896, 31 May 1872, Page 2

Dinner. —The Speaker entertains the members of the Provincial Council at dinner at Murray’s rooms this evening.

To Correspondents.— Owing to the pressure on onr space, several letters aie crowded out. Some of them will appear in to-morrow’s issue.

The Circus.—There was another good attendance last evening, when the programme of Wednesday was repeated. To-night several novelties will he produced. Princess Theatre. —The drama of “Time and Tide,” which had a very successful run about three weeks since, is to be reproduced this evening, and to-monow night the ‘ * Battle of Sedan. ” Heavy Rain. —The rainfall on Friday night last caused the Moloneux to rise a foot and a-half. Some damage was occasioned in consequence to mining property on the river’s banks.

Immigration. —lnformation has been received by the mail from the Emigrants’ and Colonists’ Aid Corporation to the effect that the bargain made on behalf of the Corporation by the Hon. Col. Fielding has been ratified at home.

Good Yields.—Some of the old workings are turning out well. We read in the Tuapeha Times that opposite to Moa Flat a man washed Uozs. for three hours’ work; and that at Tinker’s Gully, Norman’s party obtained 170ozs. for a few weeks work.

The Couht of Appeal. —Mr Svnythies’a ease occupied the whole day on the 27th, the greater part being taken up by Mr Smythies’s arguments and the examination of his son. The Attorney-General spoke against Mr Smythies’s reinstatement, and was followed on the same side by Mr Travers and Mr Howorth, on behalf of the Law Society.

Provincial Council Amenities.— Upon a report of the Goldfields Committee being considered in the Council last night, Mr Henderson, the member for the Clutha, said that next session he should move that an Agricultural Committee be appointed as a balance against the Goldfields Committee. This brought the chairman of the Goldfields Committee, Mr Shepherd, on his legs, who, in the course of his remarks, said “that such committee was unnecessary, as at present constituted it was in reality one large Agricultural Committee. There were, in fact, agricultural members in the Council, whose ideas were so narrow, that they never saw beyond a bed of turnips or carrots, and especially a field of thistles.” The inference was so plain that it caused a laugh. Oddpellowship.—There is a movement on foot just now among the benefit societies in Melbourne to affiliate the business of life assurance with th -ir respective orders. The Manchester Unity Order of Oddfellows have perhaps advanced further in the matter than other societies. They propose to assure the lives of their members in suras of from L2O to LIBO, and to obtain an amendment of the Friendly Societies Act by which they may issue policies up to LSOO. Another order of Oddfellows, which is established on an American foundation, has before it at the present time a similar proposition, and it seems not improbable that ere long there will be brought into existence several life assurance establishments in connection with metropolitan benefit associations. The Police Strike. —Wo do not usually take notice of what people say about the management of the Evening Star, nor should we at this particular juncture had it not been that some busybodies, who know more about other people’s business than those engaged in it, have been very industrious in stating that letters in favor of the police were refused insertion in this paper. It might have been true had any been presented in time for publication ; for in all such cases we consider style, matter and the character of the writer have every right to bo considered ; but as we had only one single letter offered for insertion on the subject, the question is not worth discussion, as that was only declined because it was brought in too late for publication last evening. The paper was at the time actually going to press and the letter was withdrawn. Our sympathies are and have been with the police, though not with their mistake. Oreti Railway Contract. The select committee of the Provincial Council to which the matter of the contract and the award in reference to it wore referred, have after lengthened sittings, extending over a fortnight, brought up a report. Wc learn from it the contract price was L 17.402, and that in 1870 there was due to the contractors (exclusive of extras,) L13,3G5. In June 1871 they put in a claim for L 30,230, (exclusive of extras); while the engineer’s valuation was only L1G,151. The matter was referred to arbitration, the result being that the arbitrators made an award of L 23,452 ; to which has to be added L7IB, half of their fees, and L3OOO law expenses, making a total probable cost to the Province of L 27,170. The committee, in directing its attention to the cause of this “seemingly unnecessary sacrifice of the public interests,” examined Messrs Gillies, Haggitt, Duncan, and Reid (members of the then Executive,) and from their evidence it appeared doubtful whether the strongly-worded protest of the late Superintendent and Executive Council of Southland (which set forth that the oompletiou of the line required careful treatment, and might cause, if incautiously dealt with, serious trouble and probable loss to the Government ; that the contract deed was exceedingly stringent, and a first necessity was .that neither the powers nor the responsibilities of the engineer should be interfered with without the Government having a full knowledge of the probable consequences ; that as the contract provided only for one payment on completion of the works it was a matter of mere prudence to withold any certificate, either for land or cash, until the Engineer or Government, or both, were satisfied that the conditions had been thoroughly satisfied ; that the question of referring any dispute and in a manner not provided in the contract would be fraught with danger ; and that past experience showed the bettor plan would be to

allow disputes of a serious nature to take their ordinary course in law) was even formally brought under the notice of the Otago Executive before the reference to arbitration was agreed upon ; certainly it did not seem to have been pressed on their 1 notice, or to have influenced their decision. 1 There was, however, no doubt that Messrs Gillies, Haggitt, and Diuvan were aware of the 23rd clause of the contract, which, in express terms, prohibited any interference with

the engineer’s powers, either by the Superintendent or the contra tors. The Superintendent and Mr ilcid were not in Dunedin when the reference to arbitration was settled ; but his Honor telegraphed that “it was a scandal and disgrace to the Government that the line was going to grass—literally used as grazing ground, ’’and recommended that the Executive should either submit the contractors’ disputes to arbitration (favoring arbitration himself) or take legal steps under the contract to acquire possession, cost what it might. The committee consider that no satisfactory reasons existed for the voluntary extinction by the Executive of the engineer’s power under the contract, or the suppression of some of its most vital terms, or the surrender and abandonment of the public rights. The reasons urged in favor ef the course taken by the Executive were—(l) that _ the engineer and bis officers had been committed for*trial for taking forcible possession of the line, and (2) that the local residents were anxious to have the line opened. In the opinion of the committee the Executive should have required and insisted upon being furnished with a statement of the demand oi the contractors before agreeing to waive any of their rights under the contract. This point the Executive did not insist on; and in that respect the committee thought they had acted unwisely, while they failed to recognise as valid the reasons assigned by the late Executive for agreeing to arbitration. “ Upon the whole,” adds the report, after dealing al some length with those reasons, “the com mittee feels bound to express its regret thal the terms of the original contract were evei set aside, and to add that in its opinion the course taken by the Provincial Govern mentof the day was injudicious, and tha the result has been injurious to the interesti of the Province.”

The Dunedin Naval Volunteers will practice with shot and shell to-morrow afternoon from the reclaimed ground near the Rattray street Jetty.

Members of the Skittle Club are requested to attend the opening match which will be played at the Queen’s Hotel, Albany street, to-morrow (Saturday) afternoon. The Rev. John Gow will deliver a lecture under the auspices of the Mornington Total Abstinence Society on Monday evening, at half-past seven. The proceeds of the lecture will be applied for the beneht of the widow of the late Mr E. De Carle and family, and we feel sure that so laudable an object will receive the consideration of the public.