DISTRICT COURT

Wairarapa Daily Times, Volume X, Issue 3319, 26 September 1889, Page 2

DISTRICT COURT

MASTERTON-WEDNESDAY,

(Before His Honor Judge Robinson,

Thomas Masted v, Bank of New Zealand, Claim for £2OO for dishonored cheque. Judgment' was given for claimant for .625 and costs £lO OS, OTKuuwcy, Tho following applicants applied for their discharge which were granted :-J. N, Brtmtou, J. Tuck, W. Parks, J. Barabar, F. D, and Maryann Felling, NJIILIO EXAMINATION!. Edward Taylor, fruiterer, curao up for publio examination, The Deputy Official's report on the same was read. Mr Pownall appeared for bankrupt, and Mr Bunny for Official Assignee. (Left Sitting).

HOUSE PARADE.

The annual parado of stallions under the auspices of tlio Masterton Agricultural and Pastoral Association was held at Messrs Lowes and lorns yards, on Wednesday. The entries were equal, if not inqrp numerous thai) on previous oaciaions, The attendance of farmers and others was very good. Appended will bo found a brief outline of tlio various horses, all of whom came in for their sharo of criticism, In thoroughbreds there was but one now strajn pf blood on |he, ground this year, and judging from general comment this splendid siro will secure his owner a most successful season, Wo allude to the renowned hurdle and flat racer

MASTER MPS. In polor, ho is a chestnut, mid stands a trifle over 16 hands, Master Agnes is by the imported Cassivelannus, his dam being Pair Agnes by St Aubyn, also imported, His great performances on the turf are already so well-known that comment is unnecessary. To those desirous of getting genuino weight carriers that will always secure to their owners the highest market prices; weeommend breedersto Master Agnes, I'isc.woaious Looked the very pink of condition. Ho is undoubtedly entitled to a place amongst the foremost thoroughbreds in tho colony. Possessed of a good pedigree, unexceptional staying power j and, good blood, this magnificent son of Tradncer should again be well patronised during the ensuing season, Full particulars as to pedigree, tonus, eto. will bo found on our fourth page.

FIT'/, HERCULES, By the world-renowned Yattendon, reflected great credit on his owner, and hia general appearance was greatly admired, This beautiful dark-brown horse enjoys a high reputation, and we feel convinced that those who patronise him will have no cause to regret their selection,

LORD MANDEVIUE Had his admirers, and from his excellent condition, Mr Neill evidently determined that Mandvillo, if not the biggest, should hold his own with the best of them. Tho very fact that he is a descendant of some of the best blood over imported should entitle him to a good season.

ADJUNISTKATOR iVho is always adtnirpd showed up splendidly. This game little horse ia so well known and highly spoken of that comment from us is quite unnecessary, Inclydesdalo's there ;yas also-only one new addition notably (jLENGAimy. This grand colt, rising four years, was bred by Mr Robert Oockburn, of Masterton, out of bis champion prize mare, Darling, by Bob Roy. Ho is admittted by competent judges to he a splendid specimen of a draught sire, being thoroughly furnished throughout. The other entries included Stanley, Hero, Laird O'Largo, Loch I)liuand Avon, These, magnificent animals came in for tlieij.' sjiare of criticism, and as to the most superior wo are content to leave in tlm hands qf those better abb to judge than ourselves.

Messrs Elder Bros, aro advertising for two good rabbit trapporn,

i J UBLI(J MEETING.

A puiilic mooting was held in-the Mastoi'ton Theatre Royal last night. About two hundred Bottlers were present, principally ropresontiyes of the farming interests. Mr W. H. Beetham was voted to the chair, and opened tho proceedings by reading the requisition presented to him as chairman of the Wairarapa North County Council, asking him to convene tho meeting for the purpose of considering the rabbit post and the administration of the Babbit Act. The rabbits, he said, as they were all aware, were a curse and entailed a fearful less on the district, only thoroughly understood by those who had to contend with them. He hoped the question would bo calmly dis. cussed by the meeting. They wished to arrive at a solution of a diilicult problem, which was a puzzle to all. The method of extirminating the pest which answered in one district was almost useless in nnothor. Some men found no difficulty in keeping the rabbits under with ordinary care, others were it their wits end to do so. A securely fenced, compact pisce of rich land was not hard to keep clear, whereas alargctraclof broken country it was impossible to free. He trusted the deliberations that evening would tondto a solutiou of the dilliculty. He read an apology from Mr Coleman Phillips, regretting his unavoidable absence, and trusting that the settlers in the North would do the same as they had dono in tho South in 1884-5.0, when they so successfully got rid of the pest by taking united action.

Mr Renall: Dooa lis tell us how they did it. The Chairman said ho recommended united action, The country in South Wairampa was very different to that in the North, There the land was favorable to the natural enemy, He had also had a lettor from Mr Buchanan and Mr 6. Moore who were unfortunately unable to bo present that night. Tnc Kov J. 0. Andrew said there was one part of tho administration of the Act that was injurious to those win came in contact with it. By the rules jf the Rabbit Department legal counsel was not to be employed by the officers administering the Act, except where counsel were ongaged on the other side,'and the Department gave instructions to that effect (Hear, hear,) This rule had been departed from in tho North Wairarapa, and in addition to the lines inflicted on settlers they also had to bear the costs of counsel.. Col Roberts was very much of his opinion. He had recently stated that in future ho should not allow counsel's fees on either side. He did not say anything about the past. The employment of counsel by tho Inspectors and sub-inspectors was cruel and unfortunate without specific authority (Applause.) If such a charge were proved it would show that a grave wrong had been done to the settlors. On the other hand, they would bo very glad to have it cleared up to the justification of tho officers of the Department, He would move; "That Mr Buchanan, M.H.R., be requested to obtain from the Department in charge a list of alt'cases'in the Wairarapa during the last three years in which authority has been given, in accordance with tho rules of the Department, for the omployment of counsel in prosecutions under the Act." Further; ((That a list be qbtajned from the records of the several Courts in the Wairarapa of oases in which counsels' fees have been charged to the defendants in rabbit cases during the same period." If those returns wore obtained, and tho Department came out olear, they would thank him for tho motion; if not, it showed gross maladministration,

Tho motion was seconded by Mr McKay and carried unanimously. Mr Andrew said lie liud taken considerable interest in the vuhbit question. Tho first Act evor framed, that of 187G, was introduced by himself, but it was very different in all its details to tho present one, It placed the administration in local residents in the place, and who were liable to be taxed under it, not by strangers who, lived out of tho district, That Act oamo into force under great difficulties. That infant was bruised, crushed, had a squint in its oyo and a hump on its back, (Laughter). Still he hoped the descendants of jt would improvo. Far from that, to 1882 it got sensibly worao. and they got a measure with such destorted features that it met with the abuse of all with whom it came in contact. An accused person was entitled to speak in his own defonco,. but by that aot they could only give evidence in mitigation of the ponalty inflicted on them by the magistrate. Whoever heard of mch a clause being necessary to insert in a bill as if everyone had not. a right to speak in his own defence without a special clause being provided to enablo him to do so. He believed the claime. was inserted through a case oi his own which c'amo before the Court. He was told by a former Restdont Magistrate, certain olauses in tho Act were a humbug, that was to say.it was of no uso his speaking in his own defence, ns the Act left the Benoh no option but'to inflict tho penalty. Ho was fined, and he appealed to the Minister of Justice, who dismissed tho case in his favor, If that Act affected other than the most order loving portion of the population, it would not be submitted to for one week. (Applause,) In Wellington, much less Paris or Lon, don.it would cause a rebellion or revolution. (Applause.) There was another point. If a settler was charged under Section 9 of the Act, he wad charged with two contradictory things. First, that he had not begun to take such steps that were necessary in the opinion oftklmpector, and with having left off. It-was the same as being indicted (1) for not having entered tho train, and (2) for not having got off at Carterton. (Laughter.) Then there was the opinion of tho Insptctor. How were they to get at that. He refuses to say what aro the necessary stops, but says he will bo guided only by the results, A man may have taken every step as decided upon in other places aB best for the destruction of rabbits, and yet he was liable to be fined if the Inspector choso to say in his opinion they were not tlio best steps. (Applause.) He moved "Thatthe Babbit Act as at present administered is subversive of the right of defendant to a fair trial on a specific charge for a specific offence,"

Mr Maunsell seconded the motion. Ho did so because lie considered the Act left too much power iu the hands of officers which could bo used ill in arbitary manner if he chose to do go. As a safeguard, some properly defined' steps sboqld bo stated, -\yhicj], jf a settler did not act up to, should render him liablo, Such steps should not be left to any one's caprice, There should bo a standard that every one should be

compelled to work to, What that standard should be lie was not prepared to say. But the employment of a given number of dogs, traps, &c. was a rough idea of his ineauing. The settlers would be able' to form an idea of what was necessary to be done,

Mr James McGregor said " a burnt child dreads the fire." From a caso of his own he could clearly see that the motion was a necessary one. At his place, Lower Manaia, when the Inspector was passing they spoke about rabbits, and he (the speaker) pointed out four or five acres where ho had great difficulty in keeping down the pest. Shortly after he received notice to cloar it, and ho took his teams and ploughs and rooted up the whole of the fivo acres, and cleared the whole of tho rabbits away entirely. Then the next thing he got was a summons, and -he asked tho agent how much of his land he considered-infested, and was told it was five acres. That evidently referred to tho portion of land he had pointed out to the Inspector, and which ho had ploughed up and cleared since. He invited Messrs Drummond and Harvey before tho hearing to come down and oxainino the land, for ho did not believe there was a rabbit on the place. Ho wanted to give evidence to that effect in tho Court, but was cooly told that his evidence could only be used in mitigation of the penalty, He would have to be fined. The condemnation was a foregone conclusion in all cases whore the Inspector summoned anyone to Court,

Mr Renall said he unsparingly denounced the Act when it was first passed in 1882, which ho stigmatised as a disgraceful and villainous one. Let tho settlors do whatever thoy might, they were bound to be fined if prosecuted. He then referred to the meeting of Justices at Carterton recently, and said it was not called, as certain scurrilous writers in the press said it was, to condemn tho administration of tne Act by Colonel Roberts. It was the Act itself they met to discuss, That such an Act was law was tho fault of the people who elected such law makers, It was expected ot the Carterton meeting there would bo a largo difference of opinion, Ho referred to a caso of his own in which ho was fined £5 for a breach of the Act in respect to land ho had not sot his foot upon for twenty-two years, It was time the prosecutions should cease. He understood instructions had been sent from the department to tho officers to enforce proceedings up till March next if the rabbits wero not kept down to the minimum they had reached at the end of the poisoning season, If the officers were not successful, it meant they might send in their resignations, That accounted for the present prosecutions and the energetic steps taken by the officers of the department,

Tho Chairman said at tho meeting of J.P.'s at Carterton the following motion was unanimously resolved,— "That tho Magistrate's present desiro to urge upon tho Government tho importance of tiding settlers in every possible way in their efforts to destroy rabbits, rather than rely on obtaining this end by enforcing the penal clauses of the Act. This assistance, they are of opinion, may best bo given by aiding in the importation and breeding of the various natural enemies of the rabbit."

Mr Andrew said tho first part of the resolution read by the Chairman was carried unanimously and the second part by a large majority at the Carterton meeting. Mrßonallaskediftho Chairman had the clause proposed byMrAndrow and seconded by himself (Mr Renall), Tho meeting would bo able tojudgo then how far what had been stated In the press was true,

The Chairman said ho was sorry to sfty he had not, Mr Ronall said it had been assorted in tho press that tho object of tho convener of tho-meeting has signal y failed, ;

Mr. Andrew said it might or might not bo corrcot what Mr flenall said, hut ho hoped the present meeting would not occupy itself with that, as it was outside of their business, Tho press could be dealt with in the press, not by the present meeting. Mr Konall said it had been pointed out to him by Mr Meredith that bavin* mentioned the' press, his remarks might bo takon to have referenco to tho " Evening Press." Ho was not alluding to that paper. He meant tho press here, and tin Mastcrton correspondent of the Times, _ It was a shame and disgrace to publish such lies. The Chairman requested tho speakor to confmo himself to speaking on the motion before the meeting, Mr R. It. Meredith said the Inspectors were virtually administrators of the Act, and Sections f) and 10 took tho power out of the bauds of thoB.M, If tho opinion of the Inspeotov was before the Court, tho defendant was bound to be fined, How important then it was, he said, that tho opinion of tho Inspector should be based upon tho truth, and without bias. Tiie informations laid under Section No. 9 contain two distinct charges, viz., that they "had not commenced," and "did not continue." If a defendant pleaded not guilty, tl;o agent went into tho box, ami swore to the information, and the Inspector followed and gave his opinion, which was really based upon tho report of: thoagontwhowas not qualified to give an opinion, and was based upon evidenco winch would not even bo admissible in an ordinary law Court. They were hung first and tried after, first fined and then evidence taken in mitigation. If a reduction was made at all it showed the opinion of the Inspector was wrong, If rebutting evidenco were admissible they would not see so many cases before the Court. The Act should be amended to allow of rebutting, then tha opinion of the Inspsctor would be based upon facts. Mr Carman said there had been one point overlooked. Settlers were not compelled to keep down the rabbitson theirown runs alone, but on that of their neighbors, the Crown Lands and absentee sections. So far as tho Act went ho found no great hardship in it as far a3 his own property was concerned. He had not found any difficulty in conquering the rabbitson his own land, even though there was rough country. Others could do the same if they gave sufficient timo and money to it, It was no use to go in for wholesale poisoning and then leave the rest to provklenco and tho natural enemy. (Applause.) He thought the Act had done a deal of good, as it had compelled people to clear their lauds, who would not otherwiso have done so; although he admitted that certain clause's were arbitrary if given offoot to, and might ruin small men (Apphuse.) The remedy, instead of stoats and weasels, which he thought were quito useless,

was securely fencing the properties with wire netting and giving bonuses for tho skins, That method, ho considered, would be a cheap and more expeditious one. Depending on the natural enemy to keep down tho - rabbits last year he considered was the real reason for tho increase. If Government subsidised or provided settlers with the means of erecting rabbit-proof netting at a low rate of interest it would be money well spoilt (Applause,) Mr A. W, Cavo considered the "W romarks of the previous speaker very ' pertinent, and ho fully endorsed thou), Ho know Mr Carman had done wonders with tho land he now held. When ho took it tho land was a hot bed for rabbits, whereas ut person might rido over it any day ami not lind a single rabbit at present. If on land of such a character as Mr Carman's rabbits ".v.. could bo kept down, ho thought on other properties they might bo kopt within reasonable bounds. A bonus would be better than the natural enemy, and if the new Board did levy a rate he hoped they would give a bonus for skins. He considered that would be au effectual means of getting rid of rabbits. (Applause). Mr Guild said tho time of the meeting had been taken up with finding fault with the administration - of the. Act. None of the speakers had proposed remedies for tho destruction of the rabbits, and ho would like to hear some method promulgated. He felt sure the Inspectors iiad no desire to drat sottlers into Court, and it was credit to thorn to seo tho rabbits increasing. The efforts of the Inspectors to keep down tho pest should meet with the hearty support of tho sottlers generally. The Act was stringent, no doubt, but when an object, bad to be gained, minor considerations had to give way. Tho > Duke of Wellington thought it f necessary to hang four or. five men before he could gain an object, and Government found fining a few settlers necessary to the clearing of the district. (A voice: They ought to hang the Inspectors.) He would liko to hear remedies proposed instead of the Act being found fault with. Mr Renall thought friend Guild must have had his ears stopped up .• when tho chairman road the resolution passed in Carterton. Mr Lowes thought thoy were wandering from the resolution. No doubt the remarks of Mr Carman and Mr Guild deserved consideration, and they could bo brought on after the motion was disposed of. The Chairman ruled both referred to wero in order, as their remarks had reference to the Act which was under discussion. Before putting the resolution he would liko to say a few words. Several speakers had alluded to the great danger there was in tho Act if carried out. Ho thought there was little to fear from • tho Act or its administration. Their > great safeguard consisted in those * who had the administration of it. (Hear, hear.) He had known all the officers in connection with the department for many years, and thoy were honest, painstaking, anil thoroughly impartial. Their only wish was to help settlers to destroy rabbits. His belief was that not one of them would commit an injustice. No doubt under the Act as it was, great hardships might be inflioted, but ho did not think himsolf that injustice would bo done. The object of tho Act was to protect tho industrious, painstaking settlers against their neighbors, who might, by their carelessness, allow rabbits to increjfe and injure the adjoining owners, Mr Andrew had referred to the Act introduced by him. That had proved abortive, and had boon amended after careful consideration by tho House and the result was a soverer Act had been franwl Thoy had heard of one or two instances of apparent hardships, notably that mentioned by Mr McGregor, but thoso who really wished to see tho rabbits ' rid of had approved tho Act. The™ ! lines inflicted-through the Inspectors wero a mere bagatelle to the costs inflicted on themselves by the settlers who neglected to keep tho rabbits down, If they made friends of the Inspectors instead of treating thorn as their natural enemies the sottlers would greatly gain. When ho saw the great loss inflicted on some lands by tho rabbits ho felt thoy should endeavor to support the Inspectors in their efforts to administer tho Act, The resolution was then put and carried unanimously. Mr Andrew moved •' That tho wholosalo carrying out of tlio cxtremo pei.ul clauses of the Act would probably 1, 0 restrained by ' public opinion, yet such clauses are liable to great abuso from tho i recovery of ruinous fines, or by the ousting from their properties and homesteads of deserving settlors, on the opinion or caprice of Inspectors, sub-Inspectors, or in practice of mero i agents." lie said under-Clause 11 of tne Act, Inspectors or sub-Inspec-tors could at once ontcr upon ar# . settlor's land, and oinploy any num."ber of men at any wage to clear off rabbits until the last one was exterminated, which meant for ever. (Laughter.) They gave them practically the power ot ousting any small settler upon whoso land they choso to say rabbits existed. Such a measuro was a disgrace to the statistics, and should be wiped off. (Applause). He read the report of steps taken to clear rabbits from Government lands, and drew a comparison between the feeblo effor&ot the department in that directionftihd the cnergotio means adopted by settlors.

■ Mr E, Meredith seconded 'tho motion. He said it was such cases as that mentioned by Mr McGregor that brought them together that night, He alluded to the meeting called at the County Offices for the specific purpose of discussing tho question of introducing the natural enemy. That meeting went outside of its duty to carry a resolution having for its object the forming of a-* Rabbit Board. The officers of thtw Babbit Department got the petition signed, and as they would have to go out of office before the Board elected its staff, it was evident they knew that they would bo reinstated in their positions. How camo it about ho asked, that the Wairarapa Daily in an evidently inspired article published oh September 2nd, was able to state who tho officers of the new Board were to | bo? Next came a circular Irf&Mr Clifton to Messrs Drummonland Harvey that they must" keep down the rabbits at the same low ebb as they were at the end of the poisoning season until March next, Holy came it about that Mr Clifton could give instructions six months ahead in spite of the new Board. It pointed to the fact that it was known before, hand who was to he appointed to the position and someone behind was pulling the btrings. He poinW" jjL fchut th» settlers generally 1

willingly responded to tlio call of the Government to take simultaneous steps to destroy the pest, and hu asked where such stops ware taken should not thp officers uso the greatest discretion in bringing settlors to Court, and only prosecuto those who endangered their neighbours. He thought tho interpretation tho officers should have put upon the letter of instructions from Mr Clifton was that they should liavo got a etfitY of men and gone oil' to tho

Crown lands and cleared them of rabbits. (Applause.) Instead of hunting tho rabbits they had been engaged hunting tho settlers, (Hear.) Mr J, Stuckey said they had met there to discuss tho administration of, the Rabbit Act. Tboy had made a mountain out of a molehill. He presumed tho- inspector was but human and liable possibly to error, tho samo as other people, and it was to bo hoped from those mistakes they would gain experience. He thought if they discussed rabbits instead of inspectors, something might be gamed from tho mooting. Mr Meredith scorned to havo an idea how the Babbit Board was going to Act. He seemed to Imyo got a knowledge from someone as to who was going to bo

on tho Board and who inspectors. It remained with the ratepaymg public to elect tho Board, and thcreforo he did not think Mr Meredith or Mr Clifton could say who would bo on tho Board. If they suggested some method to Government of supplying settlers with wire netting, he thought jUioro good would be done than by present discussion. (Hear.hear.) lie thought the Government might bo asked to take the duty off who netting and make' tho carriage less. (Applause.j Tho Chairman said if a man

so neglected his property and did

not know what was good for liim, f there should be such a power as was \ provided in the Act; but such power ™ should not bo exercised' except in extreme cases. It was not likely to ariso with ordinary settlers. There might bo a piece of land (bat required clearing belonging to an absentee or others where such power was needful. Mr Lowes said 'hey had been told by the Chairman that the clause had been framed for the benefit of settlers that the Inspectors might siiye them from themselves, Did he not think thcGovermnent land should be also brought under that Act. The settlers were suffering more from the danger from Crown Lands than they were ever likely to be from

individual settlers. As fast as settlers

, cleared their properties they were 4r to-stocked from Crown Lands. Could it not be suggested that settlers deal with the Government land in the way the Act proposed to deal with settlers, (Applause). Ho would like an addition made to the resolution drawing spechl attention to the question of Government lands. Mr Andreiv said' ho would ho < happy to support any resolution of } Mr Lowes' in the direction indicated, Ho said the power to enter upon anyone's land to clear rabbits now possessed by the Inspectors should rest only with the judges of the Supremo Uotirt. Tho motion was then put and carried unanimously. Mr Moreditb said ho was glad to hear the remarks that hail fallen from Mr Lowes in reference to Government lands, and moved, "'lhat so long as the Crown lands of North Wairarapa continue to bo breeding grounds for tho rabbits, the efforts of tho sottlors to comply with the Actaro paralysed, aud promise to g'be a fruitful source of revenue to the at tho expense of the ruin of tho settlers under tho penal clauses of tho Act," Tito Chairman seconded thorcso. . lution. Ho said it was a veiy important fact in dealing with rabbits that tho Crown lands should bo taken possession of and the. rabbits killed. Tho steps taken by Govorn-

ment to eradicate rabbits from Crown k. lands were utterly inadequate. Tlio w sooner tlio land was sold to people V who would stock thorn with sheep instead of rabbits tlio hotter, He did not think the Government should retain largo tracks of land at a heavy cost in kcopiug staffs of men killing and deriving no return from them. The soonor Government cut up the lands and threw the onus of destroying the rabbits on settlers the better. Mr Lowes supported the motion. Mr Meredith said ho was aware contracts had been let by Government, and ho thought there should bo some restriction in the modes of . L attaokiug tlio rabbits. Packs of dogs rabbits were of no use, and might result m a legacy of dogs loft to worry the sheep of the settlers. Tlio destruction of rabbits should bo by any other mode than by dogs. The Chairman put the resolution, which was carried. The Chairman moved the resolution passed at tlio Carterton meeting of J.l'.'s:" That the Government aid in the importation of the natural onomy t - of the rabbit." lie said a groat *S many opinions had been given as to -*r-\ the best means of keeping down rabbits, but, as he said beforo, what suited one would not suit another. Mr Carman had supported fencing boundaries, and ho was quite right. But if he bounded on large tracks of Government lands, he would find that other means wcro necessary. Wire fencing would not kill rabbits, and what was wanted was the natural enemy, The more indifferent tlio land,the greator was tlio burden of keeping doivi) the rabbits, mid iN'civ 4Liseahnd abounded in land of that Mr JRonall seconded the resolution, but said it would not suit small holders,

Mr Carman spoke against the motion.and Mr McGregor in its favor. The resolution was put and a show of hands was asked for by Mr Hogg, who took the opportunity to express himself strongly against the introduction of the natural enemy and the way tho Act was administered in the Wairarapa. The show of hands resulted in the motion being lost: ayes 22, noes 2G. (Themeethig had dwindled down considerably by this time.) Mr Guild moved, That tho Government be asked to supply wire netting to the settlers at a reasonable cost and terms; that a clause be introduced making wire netting a legal boundary fenco; that where Crown lauds adjoined settlements the

Government should contribute half Jlio cost of a dividing fence of wire , yiietting, Mr Eonall seconded the motion which was carried. Mr Lowes throw out a suggestion that if tho Government absolutely refused to assist settlers m procuring vriro netting, the Rabbit Board should subsidise them. It was resolved that it be an instruction to the Chairman to forward copies of the resolutions passed by / tho meeting to tho Colonial Secretary A vote of thanks to the Chairman *' concluded the business.