The Manawatu Herald. Saturday, June 8, 1912. NOTES AND COMMENTS.

Manawatu Herald, Volume XXXIV, Issue 1054, 8 June 1912, Page 2

The Manawatu Herald. Saturday, June 8, 1912. NOTES AND COMMENTS.

The judgment given by Mr Thomson, S.M., in the case of the proprietor of the Manawatu Herald v. C. A. W. Monckton —a parliamentary candidate at the recent general election—is of interest not only to every newspaper proprietor throughout the Dominion, but to any one who renders service to a Parliamentary candidate lor which payment is demanded. The Eegislature Act provides that all accounts against candidates must be rendered to the candidate within thirty days of the declaration of the poll, and shall be paid within 60 days of such date and not otherwise. Section 170 of the Eegislature Act provides, however, if a candidate, in the case of a claim sent in to him within the time limited in this Act, disputes it or tails to pay it within the said period of sixty days, such claim shall be deemed to be a disputed claim, and the claimant may, if he thinks lit, within thirty days after the expiration of the sixty days, bring an action for the disputed claim in any campetent Court or (section x7 l) on cause being shown to the satisfaction of a Magistrate’s Court, such Court may, on application by the claimant or by the candidate, grant leave to the candidate to pay a disputed claim, or to pay a claim for any such expenses, although sent in after the time hereinbefore limited for sending in claims, but he cannot be sued. In the case under notice, the plaintiff rendered his account for advertising, etc,, promptly, and a cheque for portion of the amount owing was received from the defendant within the specified time, but a summons was not issued for the recovery of the balance until after the expiry of the 90 days limit. Defendant’s counsel asked for a non-suit, and failing that, fell back upon the defence of an over-charge. The Magistrate decided to hear the case on its merits, and reserved tne non-suit point. At the conclusion of the case, the Magistrate intimated that he was satisfied that the amount in dispute, ,£2453 od, was justly owing by defendant to plaintiff, and in his judgment granted leave to plaintiff to pay, but he said : “I am of the opinion that the granting of leave to the candidate to pay the account does not necessarily carry with it a right to sue alter the 30 days limit in the event of non-payment. The claim for non-suit is therefore sustained.” To boil the whole thing down, in common law six years is allowed in which to recover a debt, but under the Legislature Act 90 days is the legal limit in which to recover amounts from Parliamentary candidates, and should permission be granted for the candidate to pay after the expiry of 90 days, the claimant has no power to sue. The English Act requires claims to be sent in within 14 days, and paid within 28 days, and limits no time within whick an action must be brought. Our Act wants looking into in this connection, It seems a most iniquitous thing that Parliamentary candidates should receive any more favourable consideration than the common or garden variety of debtors, and the section dealing with the time in which action may be brought should be struck out.

In the course of his evidence before the liducaliou Commission at Auckland tlris week, Mr R. K. Rudman (principal of the Thames High School) detailed a conversation he had had with the late lion. James M’Govvan (formerly Minister for Mines and Justice) some six weeks ago on the subject of strikes. Mr M’Gowan on that occasion had remarked ; “We will never stop strikes until the teaching of the elementary economic conditions is carried out in all the schools of the Dominion. Such teaching would have a splendid effect on the thoughts of the next generation, and would tend to the settlement of labour problems.’’

The witness mentioned this conversation because Mr M'Gowan had given the matter much thought. In answer to questions, Mr Rudman said that, speaking from his own point of view, the teaching of economics might have a good effect and tend to enlightenment, but he understood the syllabus was so crowded that there was no room for the subject.’’

Tint Hon. A. M. Myers, Minister lor Railways, has a broader outlook in respect to railway administration than had his predecessor, the Hon. J. A. Millar. In the course of an address to the electors of Auckland Hast on Wednesday, he said there would be a considerable improvement in the suburban train services of the four chief towns, and if the Government was satisfied that other lines required increased facilities, they would be granted, for no good purpose was served by starving any district of railway facilities, merely for the purpose of showing increased revenue, An endeavour would be made to devise a scheme of light railway construction to develop the country districts, as yet badly roaded, aud therefore inaccessible for settlement. Any light railways should be capable of conversion into standard lines if the development of the traffic made such a step necessary. A petrol motor carriage was being built at Petone, and would be completed in a week or.two, and if it was successful in its trials, others would be erected as an economical means of carrying passengers where the popula-

tion was small. “I believe,” added the Minister, “that our best brains are required*!© do justice to the responsibility of the Railways Department. The position will have to be reviewed, especially as the chief officials are near the time for their retirement. It is a splendid opportunity to review the whole position, and with that end in view the Government will submit certain proposals which I have no doubt will result in providing most efficient management, and the introduction of the most modern ideas so far as railway management is concerned.”

Thk Hon. Mr Myers struck a right note in his political address delivered at Auckland the other evening when reterring to the Civil Service. He said that it is in the interests of the State that the whole public service shall be kept entirely free from party politics. The service belongs to the taxpayer and not to the party for the time being in office. Four things he considered necessary to be maintained —the right ot every child, no matter how poor or uninfluential his parents, to enter the public service ; promotion by merit alter entry ; freedom from party political influence, and a lair salary for equivalent service and proper service tor a fair salary. If these principles are adhered to our public service will he a credit to the Dominion.