The Southland Times. FRIDAY, DECEMBER 30, 1864.

Southland Times, Volume I, Issue 87, 30 December 1864, Page 2

The Southland Times. FRIDAY, DECEMBER 30, 1864.

"We piiblish in another part of to-day's issue the judgment delivered "by Mr. Justice Caxv^zxs, in. the Supremo Court, at Dunedin, concerning tho legality of. Mr. Heale's election to the office oi' Superintendent. It appears from that judgment, which must be taken as final, that the " absolute majority " spoken of in the " Election of Superintendents' Ordinance" means a majority of the whole of the membars of the 'Provincial Council, notincluding the Speaker, who, by virtue of his office, is excluded from having any but a casting vote. "Whatever may have been the meaning intended to be conveyed by the framers of the Act, that is the construction put on it by tho judges of the Supreme Court of New Zealand, so that the Council will have to commence the -election of ' a Superintendent de novd. The second part of the judgment refers to the position held by Dr. Menzies at the present time. He is the legal Superintendent until the election , of ■ his successor, without .reference to. the time" which has 'elapsed' since the meeting of- tho Provincial Council. The judgment runs as follows : — " It may ■ " be well to add that the words ' within " one month,' etc.,' in'the 10th section, <c are merely directory, and that if by " any accident that period is,- overrun " without a valid election, it is still com- " petent to the • Provincial Council to " proceed to the election" of a Super- " intendent. • - We are, not aware whether any answer has as yet been received to the communication which was forwarded- to .Mr. He ale apprising him of the vote of a majority^ -i£ not an absolute majority, of ' the "House in his favor. It may be that in any case he would refuse to accept the proffered honor. Should he, however, have -considered his' election ' valid, and have been prepared_.to assume office, it would be right that hisname should be a^ain ■ proposed- to the -Council. The public were 15d to believe at tho time that the only 'reason why Dr. Menzies voted against Mr. Heale was because "it seemed uncertain whether that gentleman , would be prepared' to act_ ; that objection being, removed, there is nothing further 'that' we Tmow of to prevent Dr. Menzies . giving Mr. Heale his support. It may be that the friends of Dr. Mejstzies are inclined again to place' him in "nomination, but It wo aid "be well to consider 'whether such a course would not lead to a- result 'similar to that of the last sitting. The present Superintendent might gain another : vote, but is it probable that he- would 'be able to secure an absolute , majority ? It has been saiil that neither Dr. Menzies nor

Mr. ! HEAXJfc can .^be' ['aghSn* nVgjujaatyd during the prcsentssepqion, \ but jjKjit difficulty: easily 'got L over. It rcsrsHji facß, altogether 05 Provf nejaK Council whibh, it can .'So- just as-it^pleases^'thp matter". \ , ■' It in usl'be* apparent to all who have watched the events of thejast few months, that much injury was ,done ..Mr. .Heai/e's causeby the want of openness and candour displayed by his friends. Although Mr. He ale might have felt a cer-" tain repugnance to state definitely whether he would be prepared to act in case of his election, there was "ample time to have pressed Him on' the -subject, and convinced him of the necessity for giving a straightforward answer by showing him clearly the state of parties in Southland. By not doing so they played into' the hands of Dr. Mtcnzies' supporters, and gave them a pretext for not recording, their votes .in favor of Mr. Heale; When this question of the Superintendency first came before tho public^ we pointed out the necessity for coming to some amicable arrangement outside the Council chamber. So far as wo are informed no steps were taken in that direction — the two sides of the House keeping totally aloof from ' each' other, and displaying throughout a want of confidence in ca'ch other's motives very little in unison, with tho interests of the Province. Is the same game of cross-purposes to bo played again ? Or will tho supporters of Dr. Mestzies be content to keep their champion in his place, preventing an absolute majority being recorded in favor of "any other candidate ? "We do not wish it . to be thought that our doctrine is " MrrIIKALE, or no-one," in opposition to the cry of " Dr. Mestzies, or no-one," which was raised by the friends of the present Superintendent. "Wo know by the result of the elections 4hat- a large majority of the inhabitants of the Province desire a change in the Superintendency, and we have a strong opinion on the disastrous results of Dr. Menzies' rule. On every- side are to be seen evidences of tho baneful efleots of his mismanagement, and it would be difficult to believe that any one could bo found who could succeed in getting tho Province into deeper difficulties, or accomplish so little in extricating it as Di\ Menzies has done. ITrom what we know of Mr. He ale's antecedents wo firmly believe ho possesses both tho talent arid the will to do all that is possible for Southland in her present embarrassment; but wo cerLainly are not blindly prejudiced in his favor, and arc quito willing to admit that others might be found capable of ' performing the duties of Superintendent in a satisfactory manner, — gentlemen who would not fall into the gross errors and eccentricities -of the present occupant of the office. Whatever else the Council may do, wo sincerely trust its members will so far act in concert as to put a stop to the present unsatisfactory state of things. This question of the Superinfendency is beginning to get very sickening, and the piiblic will be grateful to those who finally dispose of it, even though "the person chosen may not be a perfect specimen of humanity.