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Manawatu Herald, Volume II, Issue 96, 27 July 1880, Page 2

Publication op Statutes. — It will be remembered that early in the present session of Parliament, Mr J. B. Fisher, H.H R. for Buller, brought before the House the questipa whether or not the Acts of 187R and 1 879 are invalid, by reason of their nonpublication in the Gazette. Mr Fisher had preriously pleaded this as a defence in a

Case in whioh he appeared at Wostpoi'fc, and he asked tho Government to have the matter looked into A legal opir.inn signed by thr Attorney General and the Solicitor. General has be.m laid before tho House, in which thoso officials disagree with the view taken by Mv Fishor, and hold thufc the Acts of 1878 and 1879 are not invalid by reason of uon-publication in the Gazette.

A Warning. — In another column, Mr M'Lunnan of Oroua Downs gives notice that trespassers with either dog or gun will be prosecuted. T! ; h course: !:;•« become absolutely ne.. ..j, owiu< <,o several person 3 having ontered on tho estate with dogs, whioh have worrie 1 valu able sheep. Mr .Vl'Lennan is determined to put a stop to this kind of thing, and intends to shoot all dogs found on the estate, besides prbsecii; ing with the utmost rigour of the law the owners of the can.

FiNKi— ln Saturday's issue, our Palmera ton contemporary makes a clean breast, fthM such being the caae, we of course grant him absolution. There is just one sentence to which we will refer. Jt is this : " Granting that we have been quite as wicked as ourfriend would insinuate, we imagine we deserve credit for having forsaken our evil ways." In reply to this we will quote two veraes of a little" pome " we learned many years ago : — "Ws-not enough to say , We're sorry and repent ; Yet still aro on from d:iy to day Just as we always went. • . Repeutancn is to leave The sins we loved before, And show that wo in earnest grieve By doing so no^nore.

1 Christy Entertainment. — The Foxton Christys trave their promised entertainment at Otnki on Friday last, with entire success Only nine members Went down, thus the company w s not so strong as when they appear, dat Foxton. Still, a capital evening's ainusempnt was provided, which appeared to be thoroughly appreciated by the lavse audience present. At tho conclusion of the performance, a dance was hold, which was* kept up with much spirit for some hoars. Mr G. Cobbe acted ns pianist for the company. The Christy? deairo to take tlii9 opportunity of thanking? the people of Otaki for the assistance afforded them during their visit.

Fencing.— The following tonders wore received for fencing the new road across the Hon. John Johnston's land, at Foxlon :— - Jas. M'Coll, £1 4a 3d per chain; ft. K. Trask, £\ 3s; Ed. Gladstone, £1 2« 6d ; F. £1 2s; Martin M'Uawler. ISh per chain, accepted. There are about 31 chains to bo erected.

Obituary. — We learn from Wellington of the death of Uip Rev. Father O'Reilly, at the ripe age of 81. For 39 years the reverend father was a resident of Wellington, where his unassuming piety, his openhanded charity, and his catholicity of mind and heart had endesired him to every class and creed. Not only was he beloved by his flock, but also by persons of other denominations, his name being a household wordjin the old days. Regret at his decease will, wo are sure, bo shared not only by those wto knew him personally, but al<o by those who knew him only by tho reputation his good deeds had obtained for him.

Coals to Newcastle.— From the Feilding Guardian, wo lt>arn that " Mr ( hamberlaiu, of the Foildiuer Flour Mill, has just returned from the South,wherehepurchased 1,000 ancks of wiicnt, which are to be sent up by the schooner Gomel to Poxton. The grain landed here (at Feilding) will cost him 4s 3d per bushel." It is a matter for regret that Mr Chamberlain should be compelled to import wheat from tho South. Such a course, however, would not be ne co--saiy were the Sandon Foxton railway constructed, as the farmers of thut district (if they could reach a market at a moderate cost) wouid grow wheat sufficient, to supply with flour ten times the population of the whole Mauawatu.

The Maosi Toll Gate Haimona.the keepnr of the Maori toll-<r.ne on ihe Foxtou Meaeh road, hns been having a rather rough time of it lntely. On Saturday last, whenthe Foxton Chris! yswero returning from Otnki, several of them arrived at the irate luto iv the afternoon, when Simon was at his tea. The party "cooied," but either Simon was too deaf to hear, or his " kai " was too <r od to be left. Certainly, he did not turn up, and after reconnoitring one of tho Christy* informed his comrades that by a flank movomeut the party could get through a sot of slip panels and out of the native village on to the road a few yards on the town side of the gate keeper's house This course was decided on, but just as the "niggers'* were making their way out Simon appeared, took in the situation, and made a rush for his gate. " But all too late the advantage came to turn the odds ol Pakeha game " (after Walter Scott) : for before Simon could reach the gate the last man had his horse clear, and amidst the yells of the keeper, fired a " hot potato" he hnd in his hand at the hindmost man, and the execrations of the retreating party, the soene closed. Simon haß mentally " made a note " of the conduct of thoie' Pakthas, and when they next appear at that ga f e declares he will make them suffer.

Axotheu Case.— But poor old Simon's troubles did not end with the Christys, for on Sunday aeverul st'ickdrivors came up the coast, and amongst them were a couple of riders whom the keeper found to be " Tartars." Whilst tho members of that fraternity who conduct cattle down the coast were extremely willing to hand up tho spondulix. the two referred to (of course they were strangers, and were not likely to return through the gate) refused to disgorge the amount. Watching their opportunity, they got through the gate, and putting their horses into a gallop, soon left Simon behind. But a jovial Knight o f the Whip strongly advised Simon to push on and catch them, and off he went as fast ns his shaky old legs would tnko him, until he reached the punt, whero he caught his men Here he seized hold of tho reins of one of the horses, but the owner speedily informed him that unless he let go he would be " ducked "in the river. This threat he was proceeding to put into exocution, when the punt begun to ciosb. The rider there fore mounted his home, and started to ride him on to the punt, but as Simon hung on to the reins he was " assaulted " by the horse's legs, and, like Lord Ullin, "left lamenting." Later in the day he was roaming arqund the 'town, looking for the officers of justice, but acting on their advice he let the nvittor drop. Simon's position as keeper of the toll gate has caused him to bo one of thw " best- cursed " men in the Colony, though whether his sufftr'ng will develop the grace of patience ia a moot point.

M«Minn v. Kirkbridb.— The Bangitikei Advocate has, with very questionable taste, been pelting the Resident Magistrate because he decided against the proprietor of that journal in a case between him and the recent editor of the Advocate, Mr M'Minu. We will refer ta only one point The Advocate has mnde great capital out of the fact that though Mr Ward ruled during the hearing of the 'case against certain points of lnw rftised by defendant's solicitor, he said, when giving judgment, he " was unable at that time to recollect what they

were." If these points were of the importance the Advo.at^ would have the public, believe, how ;.•• ■: that though that journal devotes nine columns to a report of the case, . .no record whatever appears in that report 'of a single point of law- haying been raised by Mr Cash ? The omission is o'oiiainly suggestive either (1), that Mr. Cash raised no points «f law, or (2\ that our contemporary omitted; to report masters that would have told strongly in the .defendant's favor (whether he Would willingly and knowingly do so is doubtful), or (3), that the points of law raised by Mr Cash were such trifling matters as to be unworthy of being noted by either the Magistrate or the reporter, and were at once summarily dealt with. Of the three hypotheses, the Utter is the most probable. . Tbe.iaot o£aorecord being made in the report of these 'much-vaunted points of law almost neces» aarily implies that not one" of them was strong enough to form the basis of an appeal to the Supremo Court. ~

The Embbald. — Messrs Freeman & Wylds' ketch, the Emerald, arrived in port on Saturday last. She is a handy craft of 40 tons, capable of stowing away. 30.000 feet of timber. She is not a new vessel, but having been built of strong, hard timber, is 1 yet capable of doing good;, work for her owners. She -was built at Port Levy, near Ly ttelton, and -was recently owned by Oiiptiuu vVbitby, of .Wellington, from whom she was pure-bused by the proprietors of the Kairakau Mill. Captain J. Moore, whp is in charge of her, hus commanded her for nearly half a year, having chartered her from the owner for that period. The Emerald appears to be well suited for the timber trade, and thero can be no doubt Messrs Freeman and Wylds will find it greatly to their advantage to own a craft. We hope tojhear soon of other millowners having purchased vessels in which to conjgey timber from their mills.

Railway Thavfic — Owin g to the heary nature of the .traffic towards Foxton, and the large increase which has of late taken place iv the traffic to thLs end, Mr Rotheram has determined on using one of the heavy Fairlie engines for the morning train, a li^h'. euaino bein^ left for the evening train. The Fairie arrived from V/nngnnui yeaterdny afternoon, shortly after tlia. arrival of the midday train, and will' take up the running today. Mr Rotheram took the " I'ougal" through'to Wanganui yesterday afternoon, where that engine will b 3 overhauled, aud kept as a spare locomotive.

West Coast Railway — It i? rumoured the Railway Commissioners condemn in toto tlirt West Coast Railway, and support the Siastorton-Wobdviile line.

Saying Nothing.— Mr Richard Oliven Public Works Minister, is the best "hand '* at saying nothing in the Hou9e. A few days ago, the Hon. Mr Richardson asked him whether it was the intend hi of the Government to make the rr-duction of 10 per cent, in the wages of tho railway employes before the House lias had an opportunity of discussing the Public Works Estimates ? To this question Mr Oliver is reported to have made tho following reply, which, to put it mildly, is " rather vague " : " The Government had given the matte" very serious consideration. They had received reports from the Commissioners of Railways on the subject, and every consideration would be given to the matter by the Government."

Aurests. — On Thursday last. 10 more natives were arrested at VVuimute Plains for impeding roadmaking, and wro sent into New Plymouth under escoit. The unlives about Parihaka state that they iutend to continue fencing for tin daye, and fully expect to be arrested.

M'Minn v. Kirkhbide. — Tn the House of Representatives on Thursday last. Sir VV. Fox gave notice that ho would ask the Minister of Justice whether he has any objection to produce the report of the civil case of M'Minn v. Kirlrtride, heard before the It.M. Court at Mnrton. On Fiiday the Minister stated that he had some statements as to a miscarriage of justice on the subject of M'Minn v. Kirkbride, but he had received no oiHcial report on the subject.

Tub I'Vxton and Heach Road.— lh the House on Thursday last, Mr M'Oonald asked the Government, — If they are aware that the natives have erected v iVnce across the main road near Foxton, aud what steps the Government intend taking in the mat ter ; also, if it is true the Government hare agreed to puj to the coach proprietor the various sujus of money paid to tho natives by the said coach proprietor for allowing! the. said coach and passengers to pass along the main road between Foxton and Wellington ?— The Hon. the Native Ministei replied that it was rather a difficult question to answer in a few words. The road in qaestion was not amain one. The coach road had been shifted. In point of fact. the road had never been laid off, but arrangements were now being made to have it laid off. As co the reasons why the natives were rather obstructive, he might say briefly that the road was not a legal one at the present time. With regard to the latter portion of the question it would be referred to the Postal Department.

Humour. -Major Harris, one of the members for Waiuku, is rapidly gaining notoriety as a Legislative Handy Andy". The other day, Mr Seddon, junior member for Hokitika, gave a largo number of notices of motion upon different subjects, whereupon Major Harris said he should ask- the Government whether they intended to issue a special order paper for the use of fchathon. gentleman. The query caused hearty laughter.

Conqbatclatioxs.— On Thursday lust a cublegr.ini, of which the following in a copy, signed by Sir George Grey and 38 members of the House, was forwarded to Mr Graham Berry as leader of the Liberal party in Victoria :— " We, the undersigned, members of the Liberal party iv the House of Representatives, New Zeuland, desire to convey our hearty congratulations to the people of Victoria on the result of the eloclions, and (rust thut the Liberals may now be able to secure measures of reform whioh will in all respects prove satisfactory to the people of Victoria, and of lasting benefit to that great and prosperous community " The reply of Mr Kerry has not yet reached us, but it will probably bo to' this effect :— " Thanks for congratulations : regret you are in the .cold shades of Opposition Awfully unpleasant, eh ? Hope you'll B oon get the Benches. Don't stick at 'anything to get back to power. Spend £50 drinking our health and prosperity of Great Liberal Party. Will get voucher passed • through Audit Office on Exhibiton ' lny.' Sorry we have no Waimate Plains account to debit ' shout ' to, or would make the amount £500.— Graham Berry." [.Since the above wns iv type, Mr Berry's reply has been received,as follows :—"■ Many thanks for your welcome telegram. I believe the Liberal party here are strong enough to. settle con stitutiohal reform. I trust before- long to have occasion to return your congratulations with respect to events in New Zealaadi— Graham Berry, Melbourne."]

Save or Tnsanr.— Referring to.-ihe, case of Nahe v. Tomoana, which .has been before thß.Supremo Court at Wellington for several days past, the N. Z. Times says :'— What constitute* a mad man is tti# 'essence of a trial which has been occupying the attention of the Supreme Court for some days past in a disputed will case, and every little

peculiarity* ,o.f manner of speech in the te'Jfejtor is seized upon by tho counsel engagjjei,on one siaq as proof of insanity, the other side devoting sheir energies to proving thatj these etSpentiioifiea were uot the/jfetyilt of madneea, bnt were perfectly in. accoH, with the actions of a rational being. One witness was very ■ positive as to the testator's madness, .because she believed him to be -so from what she saw of him, although she was not very successful in imparting to-the jury the ; . grounds of Her belief i One of nor reasons Was that he used to chop his teeth together, to which one of the counsel on the other side remarked that Lord Palmersipn used to 'do something similar, and asked the witness if she thought that nobleman was mad. The witness replied »ia the -wgatiw,~md-^rwtfl«et then observed that a* writer had said all men are mad. « Yes," said an oppoiing counsel, " they are, when they go to law."