THE GLOBE. SATURDAY, OCTOBER 30, 1880. CATTLE TRESPASSING ON RAILWAYS.

Globe, Volume XXII, Issue 2086, 30 October 1880, Page 2

THE GLOBE. SATURDAY, OCTOBER 30, 1880. CATTLE TRESPASSING ON RAILWAYS.

It is but seldom that matters of general importance crop out during a banco sitting. Usually these recreative proceedings only interest the student of the mustiest portion of the law on the affairs concerned. But a ease which came before his Honor Mr. Justice Johnston yesterday differs considerably from this class, inasmuch as the matter dealt with interests which affect the public generally to no inconsiderable degree. The case briefly stated is as follows:—A farmer at Temuka was summoned by the police for being the owner of a cow found trespassing on the railway line and was fined £5. The section of the Public Works Act under which the prosecution was brought defines the summons for trespass to be legal where the line is fenced on both sides. The place where the cow was actually found was fenced on both sides, but a short distance below it was open, no fencing at all being erected. The defendant appealed on this point, and thus it came before the Supreme Court on appeal. The point where the public become interested is this:—That should the contention in law of the appellant’s counsel bo upheld by the Supreme Court, then the argument might very possibly be used that, if there existed the least gap of lino on the whole section —say, from Amberley to Dunedin—which has not been fenced,’ no prosecution, as the Act now stands, will be able to be instituted against the owners of cattle wandering on the lines, and thus the wholesome dread of having to pay a fine, which has hitherto kept our lines free of cattle, and consequently of probable accident, will bo removed. The chance might then become very great of serious risk to life by the straying of cattle on to our railway lines. This being so, it seems to us necessary that the Government should look into the matter with a view of seeing what amount of force there is in the argument. If valid, it will at once be necessary for steps to be taken to amend the Public Works Act so as to provide for the contingency. It will never do to have cattle, at any time, without the chance of the owner being fined, wandering on the railway. The dread of fine being removed, the owner would at once relax the caution and care now exercised, and wo very much fear that so far from accidents being rare on our lines, they would become exceedingly frequent. A PERMANENT MARKET. It will bo remembered that some time ago we drew attention to a report presented by the Reserves Committee of the City Council having reference to the market. They recommended that the Council should consider the advisableness of either taking over the site themselves, with a view to erecting a permanent market, or of letting it to a company for the same purpose. The time is fast running out of the present leases, and yet no steps have been taken to decide the point submitted by the Reserves Committee. Thera could be no more opportune time than the present for either floating a company or for the Corporation taking up a small loan to execute the work themselves. Money for investment is plentiful, and therefore it is on this point, as well as others, that wo would urge upon the Council the necessity of taking up and discussing the question. That a permanent market will have to be established will at once bo admitted. The experiment tried with the temporary one now existing proves moat inconestably that a market is a pub-

lie want. It has done a vast amount of good to tho public generally, more particularly the working classes, and although we have always opposed the continuance of the present unsightly sheds, tho benefits conferred upon a large section of the public cannot be denied. Tho time has now arrived, however, when it is necessary that tho subject should bo settled by tho Council. Without presuming to indicate the line of conduct that tho Council ought to pursue we cannot but think that in tho interests of the ratepayers they should undertake the work themselves.