The Southland Times. FRIDAY, OCTOBEK 12,1866.

Southland Times, Issue 577, 12 October 1866, Page 2

The Southland Times. FRIDAY, OCTOBEK 12, 1866.

One of the most important sessions of the Parliament of New Zealand has just terminated. We are not prepared to say it has been, unsatisfactory on the whole, although there is such a mixture of good and evil that it is difficult to determine which side kicks the beam. Much that has been said and done tends to show the existence of a powerful and talented colonial party, that will never consent to Separation, and who assert that the South must be content to be more oppressively, taxed for the benefit of the North. However, the General Assembly is no longer sitting, and the honorable, members after their arduous labors are returning to the quietude of their homes. The session was an important one. Legislation of a less crude character than that which has disfigured previous ones has been accomplished, and the debates have been tinged with a statesman-like character not hitherto seen. The new Tariff and the Stamp Duties Bills display careful consideration and thought. The tariff, although . not without many defects, is a vast improvement upon its mongral predecessor, and the Stamp Duties Bill, a new tax, has evidently been well matured, and though some blotches are observable, it may be ranked as a fairly constructed enactment. The other bills that have been passed also show an improvement in the mode of making laws for New Zealand ; while the debates that have taken place upon them have been more deliberately and argumentatively carried on, than on previous occasions; and have served to awaken in all sections of. the colony a more lively interest in its politics than has ever before been evinced — an interest that almost renders it a certainty that next session will determine the character of the change in the system of the colonial government ; a necessity that has long been acknowledged by all, and cannot be longer delayed. Mr Staitoeb has proved his credentials to be ranked as a statesman, but he has not yet brought forward a system by which the Colony can be equitably governed by one central Executive. From the telegram published in Wednesday's issue, however, his Excellency Sir Geoege Geey, in his speech, on terminating the session, shadowed forth one likely to be matured during the recess. To quote (alluding to the speech), "it was the intention during the recess to take into consideration a general measure for the establishment of. municipal institutions,,

on a large and liberal Bcale, to secure selfgovernment to localities." That the Provincial system is doomed seems certain, and it would appear that the General Government have another system under consideration to supersede it, without the disunion of the two islands. The future of the Colony depends upon the complexion this measure may wear when presented. Should it prove fair ,. and equitable, being of so liberal and flexible a character as to have adaptability to the wants of the two islands — providing for the difference in the kind of legislation required for each, and securing a fair portion of the land fund as well as the revenue raised within the bounds of each .municipality — -it will receive very general support. It will satisfy the objectors to the present costly and unworkable Provincial system, and render Separation almost unnecessary. Still, until the measure is before us, the question of Financial Separation should bekept prominently before the public. How frequently have governments, under pressure, mysteriously intimated that great reforms were preparing, but when agitation ceased their memory became dim, and the preparations were brought to a dead stand. The Northern partiality, displayed by the Government in its every action, requires from the South the most careful watchfulness. The South, to the present time, has been supporting the North, and, as yet, has received but small consideration from any General Government — certainly not from the present. At every stage the representatives of the South had to fight their way inch by inch, and then were defeated. At length having resolved that in order to obtain justice the next session of the Assembly should be held in the Middle Island, Canterbury was fixed on. A resolution to this end was brought forward and carried- Southern representatives appeared to forgive all their previous defeats for this one victory. It was I generally felt that they had got in the thin end of the Southern wedge, which was destined to split the rock of Northern ] predominance from the weight of which the Middle Island has so long groaned. Having succeeded in carrying a resolution making Christchurch the place for the meeting of the next General|kssembly, many of the members left, rejoicing in the belief that a deadly blow had been struck at the Northern monopoly of the Governmental expenditure, viceregal prestige, and favoritism. It appears, however, they were doomed to disappointment. The Council — a collection of pliable and plastic nominees, who have no constituents to consult, no public opinion to fear, and who for the most part are puppets that dance to the tune played within viceregal walls — have put their veto upon it. It is not now our intention to discuss this subject, but simply to call attention to the information published. The action of the Southland members during the session would require too much space to be even glanced at, but we cannot refrain from calling attention to the part which the Hon. Dr Mekzies has taken in this matter — the lamb-like docility with which he proposed a resolution in the Council, destructive of the best interests of the Southern Provinces, and one which no other Middle Island member would have undertaken. There is, however, sufficient before the public to justify an immediate request being made to all the Southland members to give an account of their stewardship. The announcement that his Excellency the Governor is to visit the Middle Island Provinces is certainly a surprise, and suggests the question — will he come ? To our mind it is extremely doubtful. During his long period of office, he has systematically ignored the growing importance of the Middle Island settlements. "When the goldfields broke out in Otago, he made no allusion to them in his opening speeches of the New Zealand Parliament. His despatches to the Imperial Government, though numerous and lengthy, have, up to the present time, "scarcely contained a single sentence respecting the position of the South — its vast mineral richness, and almost unprecedented progress. During the last four years, a viceregal visit has twice been heralded, and preparations for a loyal reception made, but no Governor has as yet put in an appearance. In 1862, he was expected, and it will be fresh in the recollection of our readers how transparancies were prepared and erected on the principal hotels in Dunedin — the new flags for the Provincial Government offices that were obtained, and the strict instructions that were given to Cobb and Co. to have their six greys and a fresh polished coach in waiting for the reception of her Majesty's representative, but he did not come. This was a desperate disappointment. The illumination's were in readiness, the Government officials had been supplied with new clothing of the most fashionable description, and for days and weeks panted for the opportunity of displaying their figures on the great occa- " sion ; but they were doomed to disappointment ;he would not come. Two years afterwards, it was again announced that his Excellency the Governor would positively pay th)^buthern Provinces a visit. Orders were issued to the Provincial Government of Otago to secure suitable quarters. The Club was re-constructed and decorated ; the Provincial army was called out for daily drill, and instructed I to be ready at the sound of a shot, to be fired from the Armstrong gun — a signal that the Governor had arrived. For nearly a month Dunedin was in a fever of excitement — ladies were preparing ball dresses, tailors were night and day stitching away at volunteer regimentals ; the Government, legal, and mercantile offices, were hung with the bran new costume of \ the noble defenders of the Colony, and i every establishment of note was busy in preparing to put on a brilliant appearance. Still he did not come. True it is, that all these preparations were not entirely thrown away — the public had a night's excitement. The Artillery regiment that had charge of the signal guns, weary with night and day watching, for; the sound of the bugle to fire them, hearing in the still

midnight the call to duty, lit the match, and the salute was fired. The volunteers and all the town trudged through the mud to the jetty, to welcome- the representative of the Queen— no representative was there — a vessel had arrived, but Sir Geobge Grey, after coming part of the way to the South had abandoned his project and betaken himself to his much loved Auckland. We desire to think that his Excellency really means to visit the South this time ; when he has reached Otago we will believe it, but not till then. The only other important item is the Proclamation of the Southland Gold-^Fields. If this proclamation which we have not yet seen, limits the operation of the Gold-Fields Act to the Biverton district, it will only partially meet the requirements of the Province. Other goldworkings should be included.

We are in receipt of the first instalment of the Bills and Parliamentary Papera laid on the table of the Assembly during the Session just closed. Amongst them is a most important document— a report of .the Select Committee on the establishment of Courts of Arbitration. It would appear that the Committee was appointed in accordance with a resolution of the House of Eepresentatives on the Bth of August last, to inquire and report as to the feasibility of establishing Courts of Arbitration in New Zealand. In the preliminary paragraph of the report, the Committee state that their first duty was to ascertain by the collection of evidence the practical working of a Court of Arbitration in other countries. Although, perhaps, the time allowed for obtaining information was necessarily short, being only five weeks, yet sufficient was obtained to warrant the Committee in reporting to the House that in France, in the Northern States of Europe, in some of the South American States, the system of arbitration has been for many years in operation with remarkable success. It appears that in the French Code of Civil Procedure, eleven sections are devoted to the proceedings in conciliation, and that they are not found defective in detail is proved by the fact that in a single year the very large number of 726,566 cases were settled in that way. The importance of this subject, and the change that will take place in our civil tribunals should these Courts of Arbitration be established, cannot be too highly estimated. We lay before our readers, for example, the working of these Courts in Norway : — " The Court of first instance, the lowest in Norway, if it can be called one, is the parish Court of Mutual Agreement. This is a modern institution, which does honor to the wisdon and liberal spirit of the Danish Government. It is the first great and decided improvement upon the old modes and forms of administering justice which has been attempted by any of the ancient Governments of Europe with success. It is a legacy from her former masters for which Norway should be grateful. In every parish the resident householders elect, every third year, from among themselves, a person to be the Commissioner of Mutual Agreement. He must not practise law in ,any capacity, and his appointment is subject to the approval of the Amtman, or highest executive officer of the district. In towns or large and populous parishes, there are one or more assessors, or assistants to the Commissioner, and he has always a clerk. He holds, his Court once a month within the parish, and receives a small fee of an ort (ninepence) on entering each case. Every case or lawsuit whatsoever must pass through this preliminary Court, in which no lawyer or attorney is allowed to practice. The parties must appear personally, or by a person not professional. Each states his own case, and his statement is entered fully and to his own satisfaction in the protocol of the Commissioner, who must then endeavor to bring the parties to an agreement by proposing some middle course on which both may agree. He acts, in short, as a private arbitrar would do, and gives his opinion or judgment accordingly. If both parties agree to his finding or advice it is immediately taken to the local Court of law, or Sorenskriver's Court, which is also held in each parish, to be sanctioned, revised as to rights of any third parties, and registered ; and it has, without expense, the validity of a final decision. For instance, if a person owes a simple debt, he must be summoned by the creditor to the Court of Mutual Agreement. The debtor may explain that he cannot pay the claim in money, but will pay it in corn or goods, or against a certain time, or has counter claims which extinguish part of ifc. All the statement of both parties are entered fully by the Commissioner in his protocol, and to their own satisfaction. He then proposes what ho conceives to suit both parties ; such as a reasonable time to sell the corn or goods, or a reasonable deduction for the counter claims. If both agree the proposal is immediately registered. If one agrees, but the other does not, the party not agreeing appeals to the local or- Sorenskriver's Court, which sits once, at least, in each parish every quarter of a year ; but he will have the expense of both parties to pay if the terms of agreement proposed and rejected are judged not unreasonable. In this higher Court, but which is, properly speaking, the lowest legal one, the parties appear, if they choose, by their law agents or procurators ; but in this, and all the subsequent or higher Courts through which a case may be carried, nothing is received but the protocol of the Court of Mutual Agreement — no new matter, statements, or references to evidence but what stand in the Commissioner's protocol. This is the best part of the institution. It. confines the lawyer to his law, and brings the facts of the case, as understood by the parties themselves, before the Court without trick or disguise. Much legal talent is expended in our Courts in cross-examin-ing witnesses, brow-beating the dull and honest, involving in contradiction the equally honest of quicker temperament, and. working on the personal temper of witnesses in order to bring out such an

appearance of a case as may deceive the judgment of an ordinary jury. This is all a very fine display of talent, but altogether inconsistent with the substantial ends of justice. It may happen that the practised Judge himself cannot always disentangle the truth from the contradictory statements which the ingenuity of the lawyer has contrived to twist round it. Ali the chicanery, which is the glory, and ought to be the shame, of the British; bar, is cut off by the simple Norwegian arrangement, by which the only facts admitted to proof, or to legal argument, are those stated, together with the evidence on which they rest, in this protocol." We will resume the subject.

Foe some time past we have been looking for a notification of the first con'cerifc of the Philharmonic Society, which ha* now been established about three months; An advertisement was published sonfe 1 time ago intimating that as the committed contemplated giving the first concert .off the society at an early date, the practice" meetings of the orchestra would be' strictly private. !From this the public were led to infer that a concert would have been advertised before this, linit we ? observe no movement as yet in that direction. We are aware that the mein-' bers of the orchestra have been practising industriously since the formation of the society, and the vocal branch we learn are prepared with a programme. Before making an appearance, there are doubtleef many difficulties to be overcome by those who undertake to provide public amusement, particularly where the management of affairs is not conducted by a professional person ; but, making every allowance in this respect, we consider it high time the subscribers should be favored with a concert, We attended the first rehearsals of the orchestra and, althoughmuch pleased with the performance, we are inclined to think some of the pieces selected are a little too difficult for an orchestra so recently formed, and consisting of so few performers. It is scarcely possible for an orchestra, composed of some seven or eight, to be able to do justice to a heavy and complicated piece of music, nor is it expected of them. It is far preferable for them to play some simple music well, than to attempt elaborate pieces, and render them imper--fectly. We have heard rumors to theeffect that but little progress has lately been made in the practices of the^ orchestra, owing to some of the* pieces selected not being of that facile character most suitable to the capacity and numerical strength of the performers*If there is any truth in the rumors, we would suggest that any attempt at the execution of a class of music beyond the^ strength of the orchestra, "«dll only lead' to dissatisfaction amongst the member** themselves, a state of things very much to be regretted. We trust that the hint we have thought" necessary to throw out will be considered - by the committee, and that we may shortly have the satisfaction of being present at the first concert of the society, • and listening to such choice music as we are aware, from our knowledge of the-" capabilities of the performers, they are : able to execute creditably. Whilst, therefore, we are in favoT of the programme being simply got vp — the class of music such as the orchestral can conveniently accomplish, it must not be understood that we seek to discourage the efforts to attain proficiency in acquiring the more difficult music of the great authors, but rather a desire on our part, to see the machinery of the Philharmonic Society in active working order at the earliest opportunity.

"We have been favored by His Honor the Superintendent with the following interesting letter, received from the financial agent of this Province, in London, John Mobbisok, Esq. - The letter is dated London, Ist August. From this gentleman's well known connection with the London Money Market, his view* will be read with interest : — Sib, — I have the honor to inform you that thr Union Bank of Australia, as financial agents of thi' Government of Queensland, offered to the public' the balance of the Queensland Loan of 1864 on' the 27th ultimo, being £446,350, the principal 1 and interest of which is made payable in London or Brisbane at the option of the holder. Th«" debentures of £100 and £250 each, with coupon* attached, fall due Ist January 1888, end bear interest at the rate of 6 per cent per annum from? Ist July last. A payment of £15 per £100 bond was required on the purchaser being declared, £35 per £100 on the 14th September, and the balance on the sth October. Notwithstanding these favorable terms for payment, not more than fifty-three tenders were r-'ceived, representing in amount, £101,100, at prices ranging from 85 to 4JB. The minimum price was fixed at the low figure of 85. The pen-success of this loan may be solely attributed to attempting to float it during the present unfavorable state of . the Money Market. The Directors of the Bank of England have now maintained the minimum rate of Discount at ton per cent for ths unprecedented period of little short of three months. This financial stringency, and the extreme caution now exercised by the public, since the recent panic, confidence being but partially restored, the attempt could not fail to result otherwise than it did. In general, colonial Btock hare receded in value. The price of 85, at which the balance of the unallotted portion of the Queensland Loan is being offered by the Bank, affected them. It has been the means of depreciating the vahte of that stock to the extent of ten per cent, for in July the highest price at which it was sold was 99 (with dividend) whereas sale* are now mad* at 85*. The maintenance by the Bank of England of the charge often per cent for Discoant present* an extraordinary contrast to the state of things on the Continent, for again has the Bank of France reduced its rate from 4 to 3} per cent, and Prussia, while engaged in a gigantic war, is enabled to lower her Bank rate to 6 per cent, which is likewise the rate at Vienna and Turin. These unprecedented singularities indicate money and credit' to be everywhere abundant and unimpaired, except in England. It is to be hoped the prospects of peace, and an abundant harvest, will speedily lighten the oppressiTe restriction which is now injuring the interests of this country i as well as of the Colonies.