ROYAL ADDRESSES.

Hawke's Bay Times, Volume 13, Issue 661, 4 March 1869, Page 3

ROYAL ADDRESSES.

Ik the Resident Magistrate's Court:, on Tuesday, the 23rd February, before J. Curling, Esq., R.M., A, Koch sued D. M'Lean, Superintendent of Hawke's Bay, for the sum of £42. He sought to recover this sum for work and professional labor in the preparation of two elaborately illuminated addresses, one to her Majesty the Queen, and the other to his Eoyal Highness the Duke of Edinburgh—the first from the Provincial Council of Hawke's Bay, and the other from the inhabitants of the Province—expressive of condolence with her Majesty, and satisfaction at the Prince's escape from the attempt to assas* sinate hini. Evidence was given that the order to execute the address to the Prince had been given to plaintiff by the DeputySuperintendent, who had officiated as Chairman of the Public Meeting at which the address had been agreed to. When finished, plaintiff received instructions from the same gentleman to hand the address to his Honor Mr D. M'Lean, who expressed the fullest approbation of it, and was most laudatory in his praises of the artistical style in which it was finished. Like commendations had also been passed by Mr M'Lean on a previous occasion, in reference to an address presented to Sir Q-eorge. Grey when quitting New Zealand, and which he was instrumental in getting up. This address, though inferior to the Royal addresses, was said to be superior to an Auckland one for which £3O had been paid. On that occasion the plaintiff—who till very recently had been the Chief Draughtsman in the Survey Office, Napier, and is further kuown by his connection with Hochstetter's expedition—on being spoken to in regard to payment, declined receiving anything, on the ground that its preparation had occupied in part, at least, the time due to the public ; on which it was arranged by Mr M'Lean that a sum of £5 gratuity was to be given him—the said amouut to be charged to public printing, as no funds were otherwise available. As regards the addresses now in suit, they had been prepared wholly during the plaintiff's private time. He deposed to hi 3 being unaware in what way or out of what funds payment was to be made him ; to his having obtained specific instructions from the Superintendent to place the amount in a provincial voucher, with the head of service left blank for the provincial authorities to fill in. This having been done, and the vouchers lodged at the proper office, after a time application was made for payment, when the Provincial Engineer questioned the fairness of the claim. Finding a settlement hopeless, after several efforts to obtain one, plaintiff entered process in this court. The only witness who appeared for the defence was Mr Weber; and his resistance of payment appeared based on the view that the whole twenty-four hours of an official's time, and his abilities or qualifications, however much apart from the occupation for which he might be specially paid, are the property of the Government. It was conceded that some* thing ought to be allowed, and with that riew it was argued by Mr Cuff, who appeared for the Superintendent, that the case was one for arbitration. To this the plaintiff demurred, on the [ground that ono at least of the addresses had left the Province, and that therefore the means of forming a judgment by inspection did not exist. As regards the address to the Prince, it was stated that after having been numerously signod, plaintiff, on instructions from the Superintendent, had cut off all the signatures, leaving the necessary room merely for Mr M'Lean to sign on behalf of the inhabitants. He further believed that this address had never been transmitted to the Prince in conformity with the wish of the public meeting—and that it might be possible to get it produced, if defendant would consent. —The case was thereupon ordered by the Resident Magistrate to be referred to arbitration.