TOWN EDITION. The Daily Telegraph FRIDAY, OCTOBER 28, 1881.

Daily Telegraph (Napier), Issue 3223, 28 October 1881, Page 2

TOWN EDITION. The Daily Telegraph FRIDAY, OCTOBER 28, 1881.

The question has been more than once raised as to whether Sir Arthur Gordon is Governor of New Zealand, and again it has been asked whether the legislative acts done by the Chief Justice during Sir Arthur's absence are valid or not. The Wellington Evening Post discusses these qneetions in their order, premising, on the strength of the Premier's reply to Mr Gieborne, that Sir Arthur, when leaving, did not appoint a deputy; and that Sir Arthur did not, prior to leaving the colony, obtain the special license of the Crown to do so. The Governor derives his authority as Governor from his appointment by the Crown, and, as such, his position and authority are regulated by the commission under which be acts. He derives his legislative authority from the Constitution Act, and in exercising this he is in a great measure independent of the Crown. Under the commission, read with the Royal instructions, he has power (see section 13), when, he' may have " occasion to be temporarily absent from the colony," to .appoint a deputy during such temporary absence, to whom he may delegate all or any of the powers and authorities vested in him by the by the Royal iustructions (section 15), be is not to leave the colony, except for. the purpose of visiting the Governor of a neighbouring colony Jor a period not exceeding one month, without having first obtained leave from the Crown under the sign manual and signet, or through one of the principal Secretaries of State. Aβ before stated, Sir Arthur did not, when leaving the Colony, appoint r a deputy, nor, had be, bo far as we have been able to ascertain, any special leave of absence under the 15th section of the instructions. It may , be that his commission as High Upmmissioaer of the Pacific Islands contains provisions to meet the case, but we are withh ont information on this bead ; nor do we think that the Royal instructions which are annexed to his commission as Governor of New Zealand could legally be co controlled. ■ jNFow, assuming that Sir Arthur left this Colony for the purpose of visiting the Governor of Fiji, and that he had not previously obtained any special leave for that purpose, the question arisee whether he has not, ipso facto, vacated the office of Governor by an absence prolonged over one calendar month. The 12th section of the Commission provides that" in the event of the death, incapacity, or removal of the Governqi?, or of Ms departure from the Colony, the Lteut.Governor (if there be one) or some other person appointed under the sign manual and signet, shall during the pleasure of the Crown, administer the Government of the Colony, first taking the oaths, &c." Departure from the Colony, is thus put amongst that class of contingencies, which is to create a vacancy in the office, a construction borne out by the side note to this section, which is iv these words, ■■'■ Succession - to the Government,'- and in order to prevent any mere 'temporary absence' from being construed into a 4 departure ' within this section, the 16th section of the Royal instructions provides that " the temporary absence of the Governor for any period not exceeding one month, shall not, if he have previously informed . the Executive Council in writing of his intended absence, and if be have duly: appointed a deputy, be deemed a departure from the policy within the meaning of tbe Commission," that is to say, that no succession to the Government shall arise under section 12 of the Commission, from a temporary absence not exceeding a if that absence be for the purpose mentioned in the 15tb section, and the formalities required by the 16th section in the Royal instructions have been observed. We may assume that wben Sir Arthur was about to leave, he did notify to the Executive Council in writing bis intention to do so. That this, in the circumstances, i» of no effect, and becomes merely an act of courtesy. He was absent more tbatf'a-month, and y did not appoint a deputy. It is not clear even that his absence was " for the purpose of visiting the Governor of a neighbouring colony," and if not, then there was a further "vice" in his leaving this colony, and there can be no doubt that such a leaving was a "departure from the colony " within the meaning of the Commission. But Sir Arthur's departure from the colony, if it was a " departure " within the meauing of the 12th section of the Commission, had the effect of at once in? vesting his Honor the Chief Justice (under what is termed the dormant commission) with the position and authority ot administrator of the Government of the Colony "during her Majesty's pleasure," which means until some other person has been appointed to the office of Governor. But Sir Arthur has returned, and the Chief Justice has abdicated, and yet we aro without any knowledge that her Majesty's pleasure has been duly signified to the resumption, by Sir Arthur Gordon, of the position of Governor. And hence arises the question, Is Sir Arthur dejure Governor of the Colony or not ? This is a matter of no little moment, seeing that it touches the validity of every Act of State to which he may become a party in his assumed position as Governor, and is one which ought not to be left in doubt. The second question to which we referred at the beginning of this article is also one of great importance, namely, were the legislative functions, vested in the Governor by tbe Constitution Act, properly performed by His Honor the Chief Justice after Sir Arthur Gordon left the colony ? If Sir Arthur Gordon's late absence frojn the i

colony was a "departure" within the meaning of tbe 12th section of the Commission, then the actions of "the Chief Justice were valid. Bat then he is still, de jure, Administrator or the Government, and ought to continue to act until Her Majesty's pleasure has been made known. Seeing that the Court of Appeal is about to sit, we think it would be well if these questions could be raised before it, in order that they may so far be authoritively settled. The existence of doubts upon points of such moment is_ not satisfactory, and steps ought to be taken at once to set them at rest. The Arawata, which arrives to-morrow from the South, will be the bearer of the Napier .portion of the English mail via Suez. Mr W. H. Manning, an American elocutionist, will deliver one of Colonel Ingerboll's freethought lectures in the Theatre on Sunday night after the churches are closed. The following weather foreoast from Captain Edwin was received to-day at 1.20 p.m.:—" Watch barometer. Bad weather approaching between south-west and south and south-east. Glass further fall, and within twelve hours sea making in the bay." ; A boy of the name of Lawrence Hoffi was had up before the Resident Magistrate this morning, charged with stealing lambs, the property of Mr John Beatson, living in the neighbourhood of Waimarama, and remanded, at therequestof ihe police, until Monday next. A sale of section No. 37, eight acres, of suburban land, Meanee, was held this afternoon by Messrs Banner and Liddle, under an order of the Registrar of the Supreme Court, and was knocked down to Mr N. Williams for £380, being at the rate of £47 10e per acre. Hooper's sweep on the Melbourne Cup closes on Monday at noon, and will be drawn on that day. The Gaming and; Lotteries Act comes into force on tbe Tuesday, so this consultation will be tbe last possible in New Zealand while the existing foolish law remains on the Statute Book. There appears to have been a difference of opinion between Messrs Wardrop and Co, and the Borough Engineer in reference, to the level of the pathway leading to the railway-station. The police were actually Bent for, bat we understand that" their services were not required, and that the Engineer had his way. : At a meeting of the Napier Rifle Volunteers held last evening at tbe Terminus Hotel, thirteen men volunteered to go to the front. These namee have already been forwarded to head-quarters;through Major Routledge. The remainder of the volunteers present expressed themselves as quite ready and willing to go on active service within the district. Mr J. M. Batham, Distriot Land Registrar, will very shortly be removed to Christchurch, to tvbiob district he has been appointed. While the town will lose a valuable member of sooiety in his departure, we congratulate Mr Batham upon his appointment to one of the highest offices in his department; Mr Batham takes the Regis,trarship of Christcburch rendered vacant by - the death of MrD'Oyley. . The new Licensing Act provides that— " No person shall be qualified to be elected, or to-act as a member of a Licensing; Committee who has, within four years, been bankrupt or insolvent, and has paid 8 less dividend,than 10s in the pound upon his debts." It also enaots that no person shall be qualified who is a brewer, wine and spirit merchant, malster, distiller, importer for sale of or a dealer in liquor, or who acts as agent or auctioneer for any such person. There are~now to' be 4 seen' in Mr J. W. Craig's bookseller's shop, Hastings-street, five engravings from W. P. Friths celebrated paintings ;" The Road to Ruin," which are wellworth inspection. Subscribers lof i oiie , guinea to the London Art Union, of which Mr Craig is the local agent/will be presented with this series of ,fi>e plates, besides having a chance of a prize at the annual distribution* " The Road to Ruin " engravings are alone worth the amount of the subscription. The Band off Unity Lodge, LO.G.T.,held a soiree and concert in the Trinity Ghurch school-room last evening. The attendance at the soiree was considerable. After the soiree the Revl Dβ Berdt Hovell took the chair, and a most enjoyable concert was given by a number of our local amateurs. Several friends -of the lodge addressed those present on matters of interest to the order, and after the'ueual votes of thanks the meeting was brought to a conclusion by the -einging-of-ihe-National Anthems - A meeting of a few importers, shippers, and others interested in the harbor accommodation of .this port, will be held this evening in Messrs Banner and Liddle's rooms. . The tweeting will be private, and limited to those invited. We presume the object of the meeting is to form a committee to draft resolutions to be laid before a general public meeting for the purpose of agitating.for, substantial improvements in the harbor. It is a disgraceful things that a nominated Board should have been permitted to waste nearly £70,000, and it is high time the residents of this town took tbe matter up; Tbe other; day (says the New Zealand Herald) we published some curious items in tbe bill of a Wellington lawyer, in which he; "instructed" himself to order the publication of an advertisement in various journals. The Victorian lawyers seem to be even better at that sort of thing. A legal bill of costs for £127 13s 9d, on being taxed was reduced to £6 18s 4d, which included costs of taxing. Arbitrators are not bad at the same game. A Victorian official sued the Government for £1000, deductions made from certain moneys without his consent. It was referred to arbitration. The arbitrators handed in a sealed award, to be handed over to either party on payment of ooats£64o. Theoffioial and tbe Government had sufficient sense to leave the award alone. Two gentlemen connected with Wellington College recently visited Parihaka. The natives would not say whero Tβ Whiti was. One of them, in the account of his trip, which appears in the Patea Mail, says : —"Early in the morning, before visiting Panhaka, there was a great noise outside Pungarehu, and 80 to 100 boys were seen marching past the fence. They made rhythmical gestures, and uttered loud cries in which we recognised the word ' tuki.' This means the ' smasher,' and was a joke at Major Tuke's expense. Tbe men in Pungarehu are in tents and whares. The highest part of the oamp, about half an acre, is protected by earthworks, and inside are tents. Outside are raupo whares, stables, and billiard-room. About 200 men are in camp, and as I saw them, dressed in rather untidy dark blue seige, they did not seem very military in appearance." Judge Richmond is reported by tbe West Coast Times to have become annoyed at the waste of time the lawyers occasioned in the Reefton murder case. He expressed a wish that counsel on both sides would give the judge and jury credit for common sense. He felt, during the progress of a number of unnecessary questions, like a person who opens paper after paper, wrapped apparently round some object, and ultimately finds nothing. Mr South rose in order to make some remarks, in reference to Hie Honor s remarks, when he was very promptly requested to sit down, and refrain from making a speech. Mr South quickly took the hint, and His Honor then observed that if counsel had some df>ep design to unfold they might go on with their apparently irrelevant questions. He explained that even a judge's nerves were apt to get a little irritated over so much ado about nothing. The Fielding Borough Council has decided to raise a loan of £5000. We may remark that it is only about threo months since the Borough was formed, but they worjc at bigh-preesure up that way.

( On_the,2sth of- October Queen Viotorim .had reigiied exactly the same length of time as Queen Elizabeth. The latest from California is the discovery on tbe part of Mr S. H. Kennedy f that sheep may be protected from scab by "vaccination." It has been reported on good authority that an expert rabbiter in tbe Wairarapa district cleared £300 in three months from the sale of rabbit skins. The Kumara Timee has authority for stating that it is not true, as reported by the New Zealand Times, that Mr Seddon wai going to stump Canterbury in the Grey interest, assuming the role of the " working man's friend." Those who fancy the manager of a paper is making his fortune when they pay 4s for an inch advertisement should read the following :—The cost of advertising- a pros* pectus for ten days in four London dailies varies between £800 and £1000." The Hawera and Nbrmanby J3tar hftia the following:—" Wβ hear that Mr Bryoe, when passing through Manaia, had a conversation with some of the residents, daring which Titokowaru's recent threats came under notice, and that the Native Minister said that if Titckowaru or any other native made use of such language agein, he was to be at onoe arrested. • '; A Bishop's son not very long ago- was a oandidate for holy orders, but was unable to answer any of the questions put to him by the examining chaplain. At last the chaplain tried a very simple one. " Can you tell me where Jeans of Nazareth waa born?" The young man looked embarrased. " Aw—well—aw," he said after a pause. " I can't say that I remember the exact place at this moment, but I'm chaw it is somewhereon the Continent."" '"'■ The Oamaru Mail says :—" An instance of prompt action on the part of a Government department has come to our knowledge. The late Thomas M'Grail of .this town, who died some weeks ago, had a policy on. hig life in the Government Insurance Department, and although the necessary papers were only despatched from Oamaru to Wellington on the let inst., the money was \ to-day, Bth inst., handed to the widow of deceased." ~ ' An Australian who was present at the last English Derby writes:—"lt ie very plain to me why our Australian horses can run our Derby bo fast; for there muet be, I should think, at least five seconds difference in the course; the hill the horses ascend when they start seems to me to put every leggy horse out of the. hunt, and I believe it was that that caused Iroquoia to beat Peregrine, and Bend Or to beat Robert the Devil." The matches to be played in New Zealand by the English oricketere are—lnvereargill, January 12,' 13, and 14; Dunedin, Januaiy 19, 20, and 21; Christohurch, January' 26, 27, and 28; Wellington, January 31, February 1 and 2; Auckland, February 9,10, and 11. The tour is an English speculation, Shaw and Shrewsbury taking the rink and engaging to defray all travelling and hotel expenses, and to pay each man; in. tbe team £200 for the tour, and £20 as an equivalent for outfit and incidental expenses. The Post states that it. is tolerably certain that the , Customs receipts for the halfyear ending September 30th have exceeded the estimate of the Colonial Treasurer by from £30,000 to £40,000. The receipts from stamps will also be on the right side, and the land revenue is some thousands in excess of the estimate. The estimated income from 1 the railways was £455,000 but it is thought that the aotual receipts will be found to have been not more- than, £440,6.00. ■.;■■-:'■■";' " A Nelson telegram of the 20th states:—* It is stated authoritatiyely-that Major Pitt will not seek re-election, on the 'ground -that Parliamentary do|iei are : not compatible with private business. Under these circumstances Mr Levestam is ihe only candidate for the city. At Collingwood, Mr Gibbs, has received a vote of confidence, passed by a large meeting; and at Motueka Mr Hursthouse was tfffg.r * av ouiatoly received. The only other candidate announced is Me Huddleetone, C. E., bnt he has not yet spoken. It is possible that one or two other candidates will contest thia seat. Mr Shepbard at present is the only candidate for Waimea. , k*j The Dunedin Star says:—Some time ago tbe landlord of the Prince of Wales Hotel was fined in the sum of one shilling for " supplying " a glass of beer to a person who was neither a lodger nor a- bona-fide traveller. At tbe trial it was proved on behalf of the defence that the liquor was given away, but nevertheless the Magistrate held that the " supplying" of beer gratis under such circumstances was an offence within tbe meaning of the act; The decision was appealed against, and the case for the appellant was argued before the Chief Justice by Mr Macdermott, and judgment was reserved. His Honor, who is now in Wellington, forwarded a written judgment, which was read by -Mr Justice Johnston. . It will be seen that he reversed the decision of the inferior Court, and tbe law therefore stands that it is not an offence for a publican to "supply" liquor, on Sunday to any person so long as it s ifi( a bonaflde gift. In Wellington (says the correspondentof a contemporary) it has been suggested thkt it would be a good <r mov"e" to* fSTlne celebration of the Prince of Wales birthday % week earlier than the 9th of November, ■and hold a grand volunteer review on the Waimate Plains. It is thought that if the Government send round steamers to alHhe principal ports during the next week or ten days and offered the volunteers a free passage and a few a day for expenses, a force of "five or six thousand men might be located on the Plains at a moderate cost, and their presence would have tbe effect of showing the followers of Te Whiti the absurdity of resistance. The militia officers, it is suggested, should also be called out, 60 as to have an opportunity of displaying their efficiency. It is further thought that such an assemblage of men of all classes from all parts of the colony would be a capital advertisement of the saleable lands in the district, and might ultimately result in their being taken up at good prices by a desirable class of people. The North Otago Times says:—"Jßecently, when notifying that a Post-office money order exchange wouldjbe opened between New Zealand and Germany on the Ist of November, we dwelt on the desirableness of establishing a similar exchange between this colony and the United States of America and Canada. It therefore gives us pleasure to be able to state, what we did not know at tbe time, that the long and laborious correspondence which the New Zealand Postal authorities have had with tbe'American has resulted satisfactorily, ; and that on the Ist January a post-office money order exchange will be opened between the two countries. The matter has long been agitated by the Press of the colony: our Post-office authorities have had to work hard to overcome obstacles raised in America ; and now that the exchange is to become a fact, it is to be hoped that people who have to remit money to America may take full advantage of it." The Mammoth Gift Show Company will open at the Theatre Boyal to-night at 8. Messrs H. Monteith and Co will sell tomorrow horses) buggies, fowls, &c, at 1.30 p.m. Mr W. Routledge will sell to-morrow,, at the Masonit Hotel, the privileges of the Friendly Societies' Fete at Hastings on the 9th November, at noon. ■• The convocation of the .Victoria Chapter of Royal Arch Masons will be holden at the Masonic Hotel, Monroe-street, this evening. Mr W. H. Manning -will deliver one of W. Ingersoll's lectures on Sunday evening Messrs Banner and Liddle will cell on Monday next, at Farndon, 80 head bullocke. . ... Particulars of Singers sewing machines will be found advertised. Mr S. E.- Cooper will attend at all the Btations 9ji the Napier line Qf, railway on^

every Saturday, by the first train to receive vratclies &c, for repairs. Mr E. Lyndon will sell to-morrow Canterbury bacon, tea, fowls, &c, at noon. Mr T. K. Newton has seasonable goods rfor sale at low prices. Rehearsal of the Gaiety Amateur Dramatic Club to-night at 8 o'clock. Messrs Blythe and Co. are selling grey ■• calico cheap. Mr Scarfe vrantg it known that ho is selling potatoes by the bag very cheap. Mr Lynden has for sale the residence of J. M. Batham, Esq. : A number of new advertisements will be found in our " Wanted " column. WE REMIND ADVERTISERS That the circulation of the Daily Tele"Gbaph is about double the combined crBOULATio-N of all other papers published in BTawke's Bay. . The Telegbaph is the Goveunment Gazette for Hawke's Bay; the Gazette for 'all' County Council, Boeou&h Council, and Haebottb Board notices. The Telegbaph is the only medium of advertising for tendebs for public worts. . The Telegbaph circulates among Aix classes of the community, both in Town andCoUNTEY.