THE THE Daily Southern Cross.

Daily Southern Cross, Volume XXXII, Issue 5724, 27 January 1876, Page 2

THE THE Daily Southern Cross.

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THURSDAY, JANUARY 21, 187G.

Ma. Moat haa abandoned tho idea of proceeding wfch his petition against the election ot Mr. Siiekhan for Rodney. Ilia reasons are simply a question of figures. It appears that out of tho thirty-five Germans who reside at Pnhoi, thirty voted. Of theso, we believe, three are naturalised. This leaves twentyseven votes. Of these, it is believed, that at least twenty voted for Mr. Sueehan, and six or seven for Mr. Moat. There is no absolute certainty as to the numbers of those Germans who recorded their voters on tho different sides, but it is ascertained as nearly as it is possible to asceitain, and as shown from information afforded by both sides, that the figures wo give are about correct. As Mr. Sii-BEiiAif', 1 } majority was twenty, this would give Mr. Moat at most a majority of one, or make a "tie," and possibly contingencies might arise which would lessen tho petitioner's chance of success. These contingencies, however, are open to, occur on both Bides, for, of course, any other known irregularities may be embodied in the petition, and the whole election proceedings may be opened before the committee. Mr. Moat and his friends, we are informed, think that the issue as to the numbers is thus made too narrow, and so uncertain, that they deem it wiser not to run into a costly litigation before an Election Petition Committee of the House, and, perhaps, they are right. Yet, there is a parallel case in that of Mr. Charles Parker, against Sir David Monro, who in 1871 was elected

for Motuekd, on the casiing vote of the Returning Officer. Mr. Parker petitioned against the leturn on the ground that various voteis, a dozen Germans, were paid for their day's loss of labour, i and had their expenses for food, &c, paid by the agent' of the sitting member, and also that certain personations, one of them that by a young man, a minor, of his deceased father, whose name was on the roll. The bribeiy allegations, although there was no doubt .ibout the facts were holdnot prove! ; but the personation of the dead was, and Sir David Monro was unseated, on that vote alone, which rendered the casting vote of the Returning Officer nugatory. , Some foolish questions as to not going behind the electoral roll have been raised, and some still more absurd notions have been promulgated, especially yesterday morning, as to the power of the Committee to examine the voting papers. With reference to our recent remarks on the law of the case, the Herald says that these were devoted to showing " that according to law, the Puhoi settlers can be called upon to declare for whom they voted, or which is 'the same thing" (and it is not at all the same thing), "their voting papers can be opened, and the result made public in a court of law, or before an Election Committee of the House, as the case may be." Our contemporary proceeds : " We do not care to bandy words on such a point. It is our habit, as it is the habit of Election Committees, to study the intent, as well as the mere letter of the law, and no quibbling or casuistry can persuade us that so gross a violation of the secrecy of the ballot as our contemporary supports, can be possible. " The habit of "studying the intent and letter of the law, must be a very lax and erroneous one on the part of the Herald. Indeed, neither the letter nor the intent of the law could have been considered, or no such absurd statement could have been made. Common sense might have taught anyone who thought on the subject, that in cases of elections petitioned against, unless the ballot papers could not be referred to where false votes were given, no petition c»uld possibly be proved. As it happens it is the law and the practice. In this very case of Parker v. Monro, in 1871, Major Campbell, the Clerk of the House of Representatives, and the custodian of the official rolls and ballot papers connected with the Motueka election, appeared, by order of the Election 'Petition Oom'mittee, and prodilced the sealed parcels of the rolls and ballot papers. It was admitted by Mr. Travebs, as counsel for the sitting member, that " the Court or Committee may order that the papers be opened," and the Act itself says that "any ballot paper, andany copyof any roll, and any book purporting to be taken from any such parcol as aforesaid, shall be evidence in any Court of Justice, or before any Committee of Ihe House of Representatives." So much for the letter and intent of the law, and our , contemporary's unhappy mode of studying the sv.ne. As for the question cf aliens voting, it is alleged that the electoral roll is valid and sufficient evidence of the right to vote of any person whose name and qualification are flnly entered on that" "Toll, and the Election Petitions Act of 1858, is appealed to as "Providing always that the Electoral Roll shall be deemed, and taken to be oonolu»ive evidence that the persons therein named were duly qualified to vote. " This provision we hold is contrary to the distinct provisions of the Constitution Act itself, and also to the equally distinct provisions of the Aliens Act of 1866. It is argued that by implication, this provision of the Election Petition Act abolishes clause 8 of the Constitution Act which provides that "No person, shall be entitled' to vote at any such election who is an alien." To maintain that such a clear and decided enactment can be abolished by implication, without the actual repeal of the clause, is, we venture to say, bad logic, and bad law. No such law can be rendered of none effect, especially in a matter affecting the whole Constitutional doctrine as to aliens existing throughoutthe British Empire, unless it is repealed in distinct terms. But even admitting, for the sake of argument, that this alleged implication were justified by the Act of 1858, we apply the same process of reasoning to the Aliens Act of 1866, passed eight years later. That latter Act provides for aliens holding lands for twenty-one years, with the same rights and privileges as if they wore natural born subjcct3 of the UnitedKingdom, " cxeepttherighttobe a member of the Parliament of the Colony, and to vote at elections for members of Parliament." If the former implication we,re effective, which we deny in the view of the terms of the Constitution Act — but if it were even plausible, its plausibility, on the same grounds as those on which it is assumed to real, is destroyed by the distinct exception ,taken in the Aliens Act above quoted. We maintain that the constitutional and unrepealed provision of the Constitution Act, and that of the Aliens Act, taken together, overturn the provision of the Election, l^etitions Act, which was never intended to- allow the registration rolls to be burdened with the names of aliens who are thus' by repeated enactment declared .disqualified from voting. We have no desire to see our foreign fellow settlers, kept off the rolls. But the law is clear, they have only to ( apply for letters i of naturalisation. Until they obtain "these, they have no more tight on these rolls, and their -votes are, if challenged' on petition, 1 , perfectly 1 Valueless, or, in our opinion, there is no meaning in law, and no -force in Acts of Parliament. We have, entered at some length into -these questions,' tb show that our yiews as to the rights of aliens were correct, and also to show'how little many who write, on such subjects know of the real enactments and their meaning to which sucli writers sometimes refer. ~ As we said at the outset, the projected Rodney petition has been abandoned, not on account of < any doubt as to the law, but because what is believed to be the state of the alien votes leaves but a doubtful issue to the would-be petitioner. And in such a casjgit-niay, ( no doubt, be wise to avoid an expensive contest, with all the unsatisfactory agitation that would flow therefrom. .The elections are over, and the sooner any acrimony they may have stirred up is forgotten, the better. The general hght is now to bo fought on the Soor of the House. It is not necessary at present to onter into preliminary battles.

While from time to time we hear of disasters at sea, and of the disappearances of ships which never reach their destinations, it is, considering the loose way in which passenger vessels are laden with gunpowder, oils, spirits, nud other inflammable materials, almost marvellous that disasters by firtB'and non-arrival of vessels are not more numerous. Some of the dangers we escape «are thus narrated in the British journal called Iron : "Shippers, so long as they continue to put such unlimited trust in Providence, should wet their powder, otherwise accidents like that which has in all probability befallen the unfortunate ' Strathmore ' will bo of frequent occurrence. Tho 'Strathmore' lefb London with 90 souls on board and several tons of gunpowder, packed

with various goods of a liighly inflammable description. After getting out to sea she was neither spoken or heard of,and has most likely been blown into matchwood. From a statement issued by a colonial underwrite) s' association, we learn that the custom is to stow gunpowder in ocean-going ships, pas-enger or other, among the ordinary cargo. In one case the ast.ociat.on mentions that some 200 barrels were only separated from a passengers' cabin by a three-quarter-inch bulkhead. The cise of the 'Altcar,' however, which arrived at New Zealand last August, 'out Herotls Herod.' Four hundred kegs of powder were placed in this vessel's hold with a general cargo, which comprised, among other inflammable matters, oil, paint, spiiits, and lucifer • matcher. Among these there was a quantity of iron, by the displacement of which during the severe weather the ship encountered, or in some o'her way, eight kegs and three cases of powder were smashed, and their contents scattered throughout the whole of the inflammable cargo. Surely such a diabolical system only requires to be brought before Parliament to insure its instant suppression ; for no case, we should think, could be more calculated to call forth the sympathies of the House than this. " It is satisfactory to know that steps have been taken by representatives of this Colony ii England, and also by the Home Government, to prevent the recurrence of dangers of this kind, to the existence of which in times past arc attributable without doubt the sacrifice of many lives in perhaps the ]most heartrending way that lives could be lost, to say nothing of the loss of much property.

Our telegrams from Wellington give a quotation from the Wellington Ar(/u% denying the statement that any portion of the Goldfields revenue of the Thames had bceii stopped by the General Government, except £3.3 7s. Scl., consisting of registration fees ; that every penny of goldiields' revenue, beyond this, has been paid to the Provincial Treasury, less the amount payable of right to the natives. Only a very small balance, however, does come to the goldfields, some £525 ; while, Avhat with deficiency on the railway, amounts spent on outlying districts, allowance to Pumping Association, advance in aid of ordinary revenue and education advances, poor Auckland is made oub a debtor to the time of £37,301. All this it is alleged was due on the first of the month according lo "law" and special* "agreements." And no doubt this may be exactly the truth*; but it is none the less hard that Auckland should be left so poor and so much indebted even by law and agreement, while Southern provinces are going merrily on, and have wealth at their command.

The official decLu ation of the poll for Waitomata was made in the Devonport Hall at 1 o'clock yesterday. The fina result, as stated by the Returning Officer, was : J. iS. Macfarlane, 158 ; TV. J. H.irst, ]f>0; Dr. Leo, 129; T. Henderson, G7. Messrs. Macfarlane and Hurst briefly addressed the electors, and the Returning Officer took occasion to make an explanation with the object of removing the erroneous popular impression tliaL during an official sorutiuy the names on all the ballot papers are open to inspection by the scrutineers. A sale by auction of Provincial lands was held yesterday at the Waste Lands Office. The sale was largely attended, and much competition took place for some of the pieces of land offered. The result of the said was £1,730 10s., of which £901 was cash, and the balance scrip. Sales should be held at least every four months, and full nublinity given to thfim l'°f"""i-""i — An art union of fourteen pictures of New Zealand scenery is to be held at Messrs. Phillipps and Sons, Queen-street. The pictures are by Mr. Warner, and now on view at Messrs. Phillipps and Sons. They are worthy of careful inspection, and as> the list is fast filling up, those who intend to try their luck should not delay enrolling themselves as subscribers. A special meeting of creditors in the estate of J. H. Hanson was held at the Supreme Court-house yesterday, at noon, to consider a proposal from the insolvent for a composition The meeting, however, lapsed, owing to a technical informality. A first meeting of creditors in the estate of D. Stephenson and Co. was also convened for yesterday, when Mr. Morton, of the firm of 'Grant and Morton, was appointed trustee. The Pioneer Juvenile Templar Lodge met yesterday evening for the election of officers. There were a good number of the members present. The folio .v ing were chosen to lill the respective offices for the ensuing quarter : — Bro..W. Gedcles, Chief Templar; Bro. W. Atkin, Viee-Tcmpl'U' ; Bro. A. Atkin, Past Templar ; Bro. J. Parker, Secretary ; Sister H. Powley, Chaplain ; Bro. J. Hugh 33, Treasurer ; Bro. A. Reid, Financial Secretary ; Sister E. Woods, Marshal ; Bro. Cranch, Guard ; Bro. C. Brown, Sentinel ; Sister Spurgcon, Assistant Secretary ; Bro. E. Atkin, Deputy Marshal ; Sister S. Maraon, Right-hand Supporter ; Sister M. Worms, Left-hand Supporter. There was no sitting of the Supremo Court yesterday, the vacation having begun, and it will not expire until March 10. The Prince of Wales Theatre was again well attended last night especially in the dress circle. The " Shaughraiui" still maintains its hold upon the admiration of the audience and is announced for repetition to-night. To-morrow night is to be the last of this most successful drama. Arrangements have been made with the railway authorities for a special train from Onehimga to leave that town at 7 p.m. tomorrow night, a return train leaving Auckland at fifteen minutes after eleven. This will enable many to witness the " Shaughraun" who have hitherto found it inconvenient to remain in town for it. We observe that the repairs and re-decora-tion of St. Paul's Church are being energetically pushed forward. An ornajinentalfence, which willconsiderably'iinprove the exterior appearance of the building and surroundings, is being erected. On the 25th December, 1875, there was a credit balauce of £683,492 in favour of deipositors in the Post-office Savings Bank. Mr. Edward Smyfche Wilcocks has been gazetted Registrar of the Supremo Court, Auckland, in place of Mr. Lachlan O'Brien retired. , The Act passed in the Imperial Parliament, making provision for giving further powers to the Board of Trade for stopping uuseaworfchy ships, is published in the JVeio Zealand Gazelle ol the 30th inst. Inquiry is made for the present whereabouts of Mr. Cyrus" Lowe, who came to Auckland in tho ship ' Oity of Auckland ' in 1S73, ho is a plate-layer, and was last heard of in 1874 at the Governor Browne Hotel, Auckland. The Dunedin Evening Star says: — "The divers characters of the men and objects now forming the Opposition, remind one of the "happy families" made up of dog, cat, hare, and rat, dwelling in peace together. They are now subordinating their pugnacious instincts— barring the hare, which may bo regarded as the General Government—for a common object. But in the tlon&o they will become a pack of hounds let loose upon the Ministry, each yelping a different note, but ending in one common cry — ' Turn them out.' With what a yell of delight a "No-confidence" motion will be carried ! But, what next ? Success will be their destruction— they will seek to devour each other. Can Sir George Premier, pull with Mr. Macandrew or D. Reid, Minister of Works; Whitaker, Minister of Justice ; (Stout neglected, and then in Opposition) ; Rees disappointed and furious ; Mr. Macandrew's queue, Messrs. Seaton and Co., grumbling, because in the shade ? Either Auckland must give up its intention to plunder the South and follow in the footsteps of the present Ministry, or no platform for united action can be constructed. And, if this done, what will be gained by the League ? The country will say — ' better keop our present men than trust those who cannot read the Signs of the Times.' "

In the lock-up last night theie was only one prisoner ; he was charged with drunken11C33. The Hon. Colonel Haultain has been gazetted Superintendent Collector of the Agricultural Statistics in the province for the present year. It is now virtually admitted, according to the World, that the book recently published by Macmillan's, under the title of "The Unseen Universe, or Physical Speculation on a Future State," which has excited so much attention, is the joint work of Messrs. Thomson and Tait, two eminent Scotch professors. The former now fills an academic chair at Glasgow, and is the president elect for the next meeting of the British Aisociation, while the latter has a professorship at Edindurgh. Both gentlemenmatriculated at Cambridge, and have already been collaborators in the production of a very able and difficult treatise on physics. There is now also little doubt that the very remarkable book, " Supernatural and Revealed Religion," recently published by Longmans, and which has already reached its seventh edition, is the work of Philip Pusey, nephew of Dr. Pusey, who has been not a little shocked by the views so brilliantly and, -pace Professor Lightfoot, successfully enunciated by his clever and courageous relative. Mr. Da vies had an excellent house at Onehunga last night, and his performances gave the utmost satisfaction. He was hardly pressed to give another performance there this evening, but his other business engagements prevented him. It will be seen by advei tisement elsewhere that Davies' Combination Troupe appear in the City Hall on Saturday evening. On Saturday afternoon, December 30, the Manchester Pantechnicon, situate in Eger-ton-strcet, Hulme, caught fire, and was burnt to the ground, causing damage to the amount of £f>0 000. The contents, which consisted of furniture and paintings, and other articles of value, were entirely consumed. Concrete for Walks, &c : John Turner, in the London Agricultural Gazette, gi^es his expeiicnce in making and using asphalt as follows: "I have done a great deal successfully in walks and some kind of floors, such as the floor of a pig-house, but have never attempted it for heavy traffic. It is neither difficult nor expensive. Of course a great deal depends upon the cost of material ; the labour is trifling. I have used screenings of gravel (f don't like it clean, but mixed with sand) ; I have used sandstone, when I could not get anything batter, blacksmith's ashes, and ashes from my engine. The last I did was for our churchyard walks ; for those I got the screenings of Leicestershire granite, which made a splendid path, but of course more expensive — the granite cost 2dol. 50 cents, per ton. It is quite an unnecessary expense and trouble to boil the tar. Get your material diy, mix it with tar, turn it over twice, and let it lie a couple of days, then turn it again, and mix a little lime with it, about the tenth, let it lie another day, and then on a iine sunny day lay it on, rake it even, and loll veil as soon as it will roll, in an tour or t »vo's time ; if the roll does not work well (it ou^ht to if the stuff is not mixed Mith too much tar), scatter a little dry sand over it. Every summer I brush my walks over with cold tar, and give a sprinkling of sand, and they are as good now as when first put down fifteen years since. Any labourer can doit, only takecaic, lief ore laying it down, it id of proper consistence. When ready it ought not to show the least tar, but should be a dull dead black, and, when moved with a shovel, ought to be lively like a mass of mites in a cheese. The stuff j*Jl-ke«]»-ft4ong^taie~ln~a~~h'eap-i£ eovored. up or otherwise kept dry." It is announced that the principal missionary societies, together with the Aborigines Protection Society, have resolved to seek an interview with the Earl of Carnarvon, with the object of opposing the proposed cession of Gambia to France and eliciting an indication of the views of the Government upon this question. Sir Trevor Lawrence (Conservative) has been declared duly elected for MidSurrey. Mr. Walter Montague, a " Tichborne candidate," who was also nominated, not having deposited the sum of £400 required by the sheriff within the time prescribed by the Act, his nomination was void. The Russian Ga*?tte de la B miw s \y3 th it Mr. Plnnsol], M.P., has arrived at Ode^a. His object is to note the system of loading ships in the ports of the Black Sea and the Sea of Azof. He paid a long visit to the port of Odessa and to the ships in the road, and had interviews with the English consul and the consuls of other nations who have chaige of the steamship agencies. His intention is stated to be to proceed from Odessa to Taganrog and Nicholaiev, and thence to Constantinople. The Right Rev. Patrick F. Moran, Roman Catholic Bishop of Ossory, has published a pastoral in which he chiefly recommends for support a training school for masters placed under the Yincentians, aud intended to supersede the necessity among Roman Catholic clerical patrons of National Schools in Ireland of going to the National Board's training school for a supply of teachers. The effect of the teaching in mixed colleges is, he says, to make "bad Christians and bad Irishmen." Rheumatic Inflamma tion of the Muscles : Rheumatic inflammation of the muscles is one of the mosb common of all the diseases to which the horse is subject, and is produced by tlio siulclen climatic disturbances of the weather, and exposure to them. For a horse so afflicted give him a drench composed of iodine of potash, one drachm ; sulphate of iron in powder, one drachm ; emetic tartar, one drachm ; raw linseed oil, twelve ounces ; and cape aloes in powder, three drachms ; mix and give ; repeat again on the fourth day. Give him moderate work during treatment. This disease is seldom under much control, and attention snould be paid rather to improve the general health of the patient than to subdue the local affection. Feed in his grain, night and morning, powdered sulphate of iron, one drachm ; emetic tartar, one drachm ; gum camphor, one drachm, for one weelc ; stop one week, and feed 'ftgaiu for a wetk.

Mr. R. H. Baetlutt, photographer, Queen- street, will, for a short period, take Ctirfce-de-visite photographs at twelve shillingd per dozen. Satisfaction guaranteed. Stereotyping done with with accuracy and despatch at the Cross Office. i AH claims against the estate of W. II. J Butler, of Hamilton, have to be forwarded to the trustees on or before the 31st inst. Tenders are invited for the removal of the old fence, and the erection of a new one, in front of Government House. Mr. S. Cjppmbes intimates that though his premises will be open for the transaction of business on Saturday (Regatta Day), his employes will havo a the same as others. Mr. Macdonald, the general manager of the Auckland and Waikato Hail way, reminds intending travellers that the single tickets which will bo issued on Saturday will be available for return only on that day,