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Auckland Star, Volume X, Issue 2950, 27 September 1879, Page 2

The nerving of summonses on Dr Wallis and his colleague for City West is, we are informed by telegraph, to form the subject of one of the privilege cases that crop up every session to remind the world of the duties, responsibilities, and privileges of the representatives of the people in Parliament assembled. The Speaker, it is said, has advised Dr WnllLs that it is a breach of the sacred privileges of Parliament to issue a summons upon him while under command to appear aud assist the Crown in the government of the country. An active search is now being made for precedents to determine the punishment of such an ofieuce, and when these aro ascertained the matter will be formally brought before the House. A very curious case, illustrating the question (if privilege, was, we observe by the latest London papers, attracting much attention just before the San Francisco mail left. Sir Philip Sidney, second Baron De Lisle and Dudley of Ponshurst, in the Peerage of the United Kingdom, Baronet, Deputy - Lieutenant of Kent and of the Worth Riding of Yorkshire, Justice of the Peace for Kent, Hereditary Visitor of Sidney Sussex College, Cambridge, and patron of two livings, has thought fit to assert a privilege of bis order by refusing to appear before the Judge of the Broinpton County Court on a judgment debtor summons for the .sum of two pounds eight shillings for coals supplied to his town houso iv Victoria-street. The English law affecting debtors is much the same as that of this colony. When a debtor has no effects to distrain upon, a judgment summons may be issued calling the debtor to appear before the Judge and state his prospects of paying, when the Court may make an order iv accordance with the facts committing the defendant to gaol in default. This " noble scion of a noble house," however, having consumed the coals, objocted to pay for them, and claimed immunity under the law from the ordinary operation of the mandates of its Courts. The learned judge of tho Kromptou County Court, in the Northern Circuit, before whom the case was called, stated that " tho fact of mich a privilege being claimed was so surprising to him that he had a difficulty in considering it possible that it could bo advanced in answer to a just claim. Ho had, however, referred to a reported case, which showed that Hie objection was well founded, and by the decision of Lord Denmau in that case ho felt bound, lie hoped, his Honor added, that the decision to which he had referred would some day or other be altered by the law of common sense, and ho regretted that he had no power to help plaint ill' thus deprived of his legal rights." i'ho nature of this extraordiuary privilege is thus explained in tho London " Standard!' :—

" It is clear that the privilege which Lord Lo Lisle claims is one which, were it ordinarily insisted upon, would have immediately to be abrogated. Those who are interested in the antiquarian lore which ia involved in the vexed question of the privileges of Peers, and which Mr Serjeant Wheeler appears to have carefully studied, will find ample material for their curiosity in the old abridgments, digests, and text books. The theory of the matter would seem to be that the Peers of the realm arc by their birth hereditary councillorsof theCro\vn,and are created both ad consuleudnm and also ad defondoudum regem, on which account we learn the law gives them certain great ami bigh pivileges, such as freedom from arrest even wheu no Parliament is sitting, "because it intends that they are always assisting the Sovereign with their counsel for the commonwealth, or keeping the realm in safety by their prowess aud valour." There are other privileges, no doubt, equally valuable iv their time, but at present rather curiosities of constitutional law. Lord Cardigan, it may be remembered, when charged with the murder of Captain Tnckett, claimed his right as a Peer to be tried, noc by a jury of Commoners, but by ilia Peers in the Court of the Lord High Steward, on the ground concisely set out by Blackstoue, that " the great are always obnoxious to popular envy : were they to bo judged by the people they might be in danger from the prejudice of their judges, and would,, moreover, be deprived of the privilege of the meanest subjects, that of being tried by their equals, which is secured to all by Magna Charta," Another privilege which thoir Lordships enjoy is one originally giveu by the old Charter of the Forest, and confirmed by Parliament in the reifm of Henry HI., that every Peer, whether spiritual or temporal, summoned to Parliament, and passing through the King's forests, may both on his going aud in his return kill one or two of the King's deer without a warrant, blowing a horn, however, if tho forester be not present, that ho may not seem to take tho King's venisou by stealth. If Lord De Lisle, instead of tho reasons wo have suggested us inllutnciiig him in this pitiful dispute, has a real anxiety to tost the rights of his order, he cannot do better than make his way from his ancestral scat to Parliament, via Windsor Park, aud there with his retainers kill one or two of her Majesty' deer, after due winding ot a horn."

The matter was brought under the notice of the House of Commons on a question by Sir John Holker, when the Attorney-General said that although he should not himself be inclined to advocate the abrogation of the privileges of Poors for the purpose of enabling such claims as that iv question beiug recovered, iv his opinion it was much to be regretted that the noble defendant should have resolved to put in such a plea under the circumstances. Notwithstanding the Attorney-Generals disinclination to move in the matter, however, the plea put forward by Lord Lisle has brought the obsolete privileges of the Peerage into such ridicule that it is doubtful whether they will not have to yield before the common sense of the people.

The weather in London is so destructive to all sorts of stone that the Albert mouument in Kensington Gardens is said to be in danger of absolute destruction.

Cnptain John Henry Skinner, owner of the Minnie Hare schooner, charged with carrying fire-arms on board his vessel, was found guilty on two charges, but the third was dismissed. Ho was, therefore, committed for trial on the two charges, but admitted to bail, himself iv £100 and two sureties is £50 each.

In offering some remarks upon Mr Heath's lecture at the Young Men's Christian Association,Mr Larkinsspokeonthe very indifferent writing of some of the boys of this city, and considered that many of them were lamentably deficient in tbis useful branch of knowledge. Out of a number that had applied to him for warehouse employment under tho firm which, he represented, not one could write a fair legible hand ; consequently he could not take them. On questioning the boys, they told him that very little attention had been paid to writing in the schools which i hey had attended. lie thought it worth while to throw out this hint tor the consideration of Mr Heath and otliors engaged in the importantand responsible work of education.

It was the intention originally of Chairini's Royal Italian Circus and Wild Beast Show to have opened in Auckland for a short senson on or about the 20th of October next, and, after a tour through New Zealand, proceed to the World's Fair at Sydney, Australia; but a cablegram from California, from Mr G. C. Agrati, the general director of Chiaiini's Great Show, hag been received by the advertising agent, Mr Fiank G. Wilson, who is now in the city, instructing him to go to Sydney and arrange for its openiii" there first, which will be early in November next. The'P.M. s.s. the City of New York, which loaves San Francisco for Sydney on the 20th inst., calling on its way at this port on the 22nd of October, will have on board the entire Company. In a few months from now it will return to Auckland and travel through New Zealand, isignor G. Chiariui is well and favourably known throughout Australia and New Zealand, having visited those countries with a first-class circus seven years ago.

The meeting of the Working Menu' Political Association, advertised to take place last night, was very thinly attended, consequent doubtless upon the inclemency of the weather. Thirteen persons, however, were found daring enough to brave the elements, and on the question being submitted they decided to proceed with the business in preference to adjourning. Mr Thwaites was appointed chairman, and made a short preparatory speech. Mr Leydon enquired upon whose authority the meeting had been convened, and asked further for a statement of the Society's financial position. The secretary gave the required information, stating in reply to the first query that the committee had authorised the calling of the meeting. Mr Leydon denied the assertion, and a passage o£ arms ensued between the gentlemanandseveralother members. Ultimately it was decided that the secretary should communicate with the city representatives for the purpose of obtaining sets of Parliamentary' papers, and then, after another discussion, the meeting was adjourned till Friday evening next.

The daughters of tho Prince of Wales are conspicuous on all occasions for simplicity and neatness in dress.

Brigham Young loft scveutcen widows who have seen that his grave is kept green ; but it is mostly by weeds.— " Boston Post."

A mectiug of those concerned ia the Newton Fire Brigade is convened for Wednesday evening next at the Kising Sun Hotel, Newton, to consider the advisability of disbanding the brigade or otherwise. A fall attendance is requested.

The city coroner of Philadelphia is charged with having sold 120 dead bodies to the medical colleges .since last January, and with having; received from tho city §2,500 for tho alleged burial of these same bodies.

Miss Kye, a noble Englishwoman, has just made her thirty-second voyage across the Atlantic with a cargo of " wastrels," or street waifs—f;iiis collected from the highways of Londou. These girls nre taken to Canada and placed in respectable families, and in most every instance huve obtained comfortable homes and led virtuous lives. The work lias been carried on for about ten years.

To the Editor, Sir. —In answer to "K.T.H.," 1 wish, to state my sympathy for the working man is bonajide, as I unfortunately am a navvy. Iv regard to monthly payments being an inovation, I still state that they aic as I said before iv Auckland city, not province, and in support of my .statement refer to the following large contractors :—Jones and Ware (of the Dock aud Fort Britonmrt), McCabe and Walsh (Breakwater), Danaher (Reclamation), Dcmpsey (Reclamation, Ilobsou to Nelsonstreet), l''allon (Nelson and Wellingtonstreels), who all paid fortnightly, and Blewden (Waterworks), and Miiguiro's (Freeman's Bay) who paid weekly. — Yours, etc., Navvy Tom.

Mr Henry Smart, a well-known English organist and composer, who died a few days ago, was particularly successful in the writing of hymn limes, among which bis setting or "Hark! bark, my soul!" "J Paradise, O Paradise," "See the Conqueror Mounts iv Triumph," " brightly Gleams our Banner," "Just as I Am, without one I'loa," " King of Saints," "Light's Abode, Celestial Salem," aud " From Greenland's Icy Mountains" (all to ho found in Hymns, Ancient and Modern) are among the most popular examples of the modern hymn tunes.

A somewhat amusing circumstance (says tho " Post") occurred during the polling for the Thorndon Ward. Among the electors was an aged Maori rejoicing iv the name of Isaiah, lie was dragged to tho poll like a lamb to the slaughter, but on his arrival it was at first impossible to liml out how he wished to vole. Tho services of an interpreter were obtained, but all that could be got out of the ancient native was that he bud a >;rcat admiration for the lato Dr. KoatherKton, whom he irreverently styled a "first-rate old chap." As Dr. Newman happens to be related by marriage to the distinguished statesman named, it was presumed that tho Maori's affections extended to him also, and we believe that tho old native's vote ultimately went in his favour.

A complimentary dinner was given to Mr J. liritou, at James's Railway Hotel, Hamilton, on Wednesday evening. In pro-po.-ing the guests' health Captain Steele said: —"The gentleman whom they had now met to honour bad shown great abili v and iutelligcnc iv the performance of his duties iv this district; and not the least among the works which ho has carried out is the Narrows Bridge, which was both designed and built by him, and built at a cost, the lowuess of which they had never dreamed of. With permission of the Waikato settlers, he (Captain Steele) would propose that they this nii;ht re-christen the bridge, and call it Briton's Bridge, for, but for Mr Briton, they would have had no bridge at the Narrows. He hoped all present would wish that Mr lJriton would get a full shaio of the live millions about to he borrowed and expended, lor, if he did, it was certain the country, so far, would j^ct full value for its money. Ho hoped Mr Briton would live louu to carry out many important works. That just done, the extension railway to Hamilton, was one of great importance to tho Borough. He asked them to drink to a good mau, a true man, and one who was acrcdit to any country."

To the Editor, Sir:—A most extraordinary state of things baa risen in this settle* ment, compared with which election iv England, on account of people exercising their votes according to their conscience, fall with comparative insignificance. It is said, and I believe on good authority, that a few of the people who consider themselves the bi^ men of the settlement, having tho reputation of being large land holders, have banded together iv v determination to crush all those business people who voted for Mr J. P. Campbell, iv the lato election for Waikato. As this means nil tho business people in Cambridge with one or two exceptions, they have resolved it ia said to sendjfor everything to Hamilton or Auckland which cannot be obtained from a supporter of Wliyto The idea is so utterly preposterous that had it not been 1 was informed on the testimony of a person whoso veracity I cannot doubt, I should have believed it was a foolish canard. As it is, it is hard to say whether such a statement exhibits greater impudence, ignorance or stupidity. The absurdity of the whole allair culminates iv the fact that after deducting from twenty seven who voted against Campbell those who came from Hamilton aud elsewhere, the remaining few Cambridge people do little or no business in the settlement, importing, aB they do, all their goods direct from Auckland, and only buying some trilling articles hero iv case they should run out. The people here do not know whether to bp most amused or annoyed at tho extraordinary audacity of such an attempted procedure ; but I think the feeling ot amusement largely predominates.—Yours, &c, Shop to Let, Cambridge.

Sumliiy services are duly anuounccd in another column. The sci vice for the people at tho Theatre lloyal at the usuil hour.

Mr K. Stephens announces iv another column the expiration of his lease aud the selling oil" of his splendid stock of boots and shoes at cheap prices.

A temperance entertainment will bo "iven this eveniug iv the Temperance Hall, Albert-street, which will l>c of a misccllaucous character.

The Hobsou Band have determined, owing to the uncertain state of the weather, uot to have their moonlight excursion this month, aud the members of the baud are notified by advertisement that practico will take placo as usual.

On Thursday next an amateur entertainment will be };iveu in tho Davonport Hall in aid of the funds o£ the North Shore Rowing Club, .lames Huckland, Esq., has promised to give his high class entertainmerit, which the " London Press" has highly eulogised. Mr Buckland has only appeared once before the Colonial public, and ho will no doubt be honoured with a crowded house.

The anniversary services in convection with tho Pitt-street Wesleyau Church are announced to take place on Sunday, Oct. 5. These will be followed by the annual soiree on the succeeding Tuesday. Arrangements have been made for the sale of tickets at several of our local stores, which are specially mentioned in the advertisement that appears iv .mother column.

The entertainment of tho Georgia Minstrels will take place this evening in the Lome-street Hall, aud will bo of. Un amusing and interesting character. A number of new sougs will be sung by Messrs Easton, Wilson, Hill, and Marshal], also au overture by the baud; two farces, "Household 1 roubles " and " Tho Coming Mao." Billy Wilson will introduce his new budget of comicalities aud comic son^s. The whole will complete a merry round of mirth.

The members of the Good Samaritan Lodge of Good Templars will hold their seventh anniversary tea and entertainment on Monday evening next in the lecture hall of the Young Men's Christian Association. An'ample and varied programme has been proyiilod for the evening, including music, recitation, and song. Tea will be laid at 6.30, and the conceit will be opened at 7.30 by musical selections and the chairman's address. We understand that the Good Samaritans are financially healthy, united, and, in imitation of their pnrnbolical prototype of old, endeavour to minister the oil and wine of consolation to their distressed brethren. Mrs Bottuny aud other lady members will assist in the vocal part of the entertainment.

The one horse power Silent Gas Engino supplied to us through the Auckland Gas Company li:is proved itself all they recommended, indeed it exceeds our expectations by fur; we consider it to be the prince of machinery, ami it is so allowed l>y those who have seen it at work. Although without any knowledge of machinery we have had no difficulty in managing this engine. We are at present working one of .Gardner's 22 inch sausage machines with it, and oan chop 50lbs. of sausage meat in 10 minutes, and iind the consumption of gas is quite within your estimate, the cost per hour being 3d, whereby, nnc oll'cct ft great saving on the power formerly employed. — Copy of letter to Messrs Ciflssjey Brothers, (Signed) Fisher and Co.