AUSTRALIAN NEWS.

Evening Post, Volume LXXXI, Issue 103, 3 May 1911, Page 16

AUSTRALIAN NEWS.

■♦ THEJUDGE AND THE K.C. A PECULIAR LEGAL ETIQUETTE. The thirteenth day on which what is known as the superphosphates case hae been before Mr. Justice Homburg was (says an Australian paper) responsible for .one of the most exciting passages between a judge and a mem'^er of the Bar that has taken place in a South Australian court, and as a resuit of the refusal of Mr. Paris Nesbit, X.C, to submit to- a ruling of the. court, Mr. Justice Homburg terminated the proceedings. The case was drawing to a close, and ,Sir Josiah Symon, counsel for the defendants, had intimated that the case might finish on Wednesday, but an unforeseen .dispute occurred, and the case is little further advanced than it was on Monday. Sir Josiah had booked his passage to England by a mailboat on Thursday. The dispute occurred when Mr. Nesbit rose to address the court on the relevancy of a question put by Mr. Anderson to a witness. Mr. Nesbit began to speak, but .after several attempts his Honour obtained silence, and ■ said to Mr. Nesbit : " There has always been a rule that only, one counsel on each side shall address the. court on a point of law, and. as Mr. Anderson hae already spoken, I cannot let you go on." Mr. Nesbit: If your Honour will permit me, I think the rule is His Honour (emphatically) i If that is not the rule, I am. going to make that rule now, and, in. future, while I preI side . Mr. Nesbit : But, your Honour - His Honour : No ; I will not hear you. If you persist I shall adjourn the court. I absolutely refuse to hear you. Mr. Nesbit: I refuse to submit. His Honour: If you do I shall adjourn the court. Mr. Nesbit: Then adjourn the court if you like. I know I am right. ■ His Honour (excitedly) i Then I will adjourn the court, and I will make an order that . th* costs of to-day's proceedings be paid by the plaintiff. Mr. Nesbit: Very well. We ehall "have to appeal against your decision. His Honour left the bench before Mr. Nesbit had finished speaking, and the incident, which had .only lasted a few seconds, left the lawyers^ and. others present amazed. The plaintiff, against whom the order for costs had been- made, seemed hardly to grasp what had happened. "What have I got- to do with all' this?" he said: -'/Why .should I have to pay £550 cost* because my counsel differs with the judge?" ; CHURCH AND STAGE. _/ THE INFLUENCE OE SHAKESPEARE. The , Anglican . Bishop of Ballarat (Dr. Green), in preaching at the Cathedral Church on the anniversary of the birth of Shakespeare, dealt with the Church and the drama. . Even in the. most enlightened communities, he said,' excellent people, who -would be 'shocked at the- very name, of a theatre, flocked in hundreds U> witness dialogues and comediettas, with the idea that the productions^ became sanctified by their association with_ literary competitions. As far as theatrical pieces embodying inward suggestions were concerned, Christian men and women had no choice but to stay away. • Also, as far a» actons, and actresses might infringe, as they did sometimes, the principles of Christian life, it was 'the duty of Cnristians to urge them to mend their ways. But it was also the duty of- Christian folk to urge other people who were not actors and actresses to mend their ways. But what they had no right to do was to rail_ at theatres, actors, and actresses a« if they .were produced by the evil one. Just consider, continued Bishop Green, what the English-speaking world owed to.. Shakespeare. Did they mean -to say that human lit© was not better foi the' characters of Imogen, Portia,' Hamlet, and . Coriolanus, the single-hearted devotion of Romeo'and Juliet, and the fidelity of Cordelia? Why; by the side of ■ some of the unwholesome problem novels of to-day it was one of the most refreshing things to hear "sweetest Shakespeare, Fancy's child, warble his-natiVe woodnotes wild." The bishop, in concluding, said the Christian man would not allow the marvellous, creations of Shakespeare tq be merely recognised as a passing amusement,, but' would discern in them - the great principles of right and wrong, that were" radical and fundamental in the kingdom of Christ^ VIQTORIAN RAILWAYS. . THE SPATE'S BOUNDING TRADE. " Business" has never pressed so hard . upon _the' Railway Department of Victoria as at present (says- the Age). Demands caused iy the" country's' bounding trade, reparation of- past mistakes of policy, and the opening of new eettle- . mentis keep every branch of the department working at full- pressure. The department's employees have increased in numbers to ,18,900,' and,, in addition, large numbers of men are employed under contract^ in new works. The department has now a record number of new' works on hand, and this will be added to at once by another list for which the commissioners; have authorised appropriations. More men are now available for railway construction work, and the new lines are being" pushed on with. The construction branch still finds it difficult to get country contractors to. tender for the supply of timber, ar-d men have to be sent direct to the forests. LORD DUDLEY'S REASONS FOR RETIRING. • FAMILY AND BUSINESS CONSIDERATIONS. The frequent and varied speculations regarding the reason of the retirement of the Governor- General recently (as mentioned briefly in a cable message), elicited from his Excellency a statement on the subject. When shown a paragraph from an ] English newspaper, Lord Dudley said 1 : — "I do not feel called upon to criticise or deny any statements of this kind which newspapers think fit to publish about me; but I will say that the authorities in Great Britain and my Ministers in Australia know perfectly well why I am retiring from the position • of Governor-General. "Home ties ate drawing me back to Great Britain. My daughter is about to come out, and my son is just leaving school. Outside my home circle, I have many private interests that require my attention. Lady Dudley has not been in good health, but she is now better. "It is not correct that there has been friction between myself and my Ministers. On the contrary, my relations with the present and other Ministries have been most cordial. While I have my own political opinions, I have not allowed them to bring about any misunderstanding with Labour Ministers. I have ' treated - them, and they have treated me, with due courtesy. "It is not true that I am heartily sick and tired of the position. I feel glad that I have had opportunities of knowing Australia and Australians. As to what part in public life I shall take when I Teturn to Great Britain, that must be left for the future aud for circunustances to determine,"-.

FISHERIES OF AUSTRALIA. "THEIR EXTENT AND VALUE." Whilst tho personal enquiry by the Federal Comptroller-General for Customs has disclosed no serious conflict of opinion between the Director of Fisheries and Captain Ca/'twright, of the En-deavour, other than as to the ex. tent and value of the area east of Flinders Island, Mr. Tudor (says the Sydney Telegraph) concurs with Mr. Lockyer's'suggestion that in view of the importance of the subject, and the doubt which has arisen, tlier* should be an impartial and independent investigation to ascertain whether a further investigation of the fisheries can be continued with profit to the public. "In deciding this," says Mr. Tudor, "I have the fullest sympathy, with and interest in the success of anything which would tend tc develop th<? fisheries of Australia, apart from the desirability of increasing the supplies of fish food, which it seems should be in abundance and available at, cheap rates as a competitor to the various forms of animal food. I look forward to the development of our fisheries as a matter of national concern in providing a nursery for the stamen of our future Australian navy. If, after careful investigation, it is found that so far there is encouragement to proceed with tha work, then so much better, but if it be found that we are engaging in a waste effort it is desirable at the earliest opportunity that we should cease incurring any further outlay. A board of enquiry is contemplated, but I have not yet finally decided as to its members. The subjects proposed for enquiry are : — (1) As to'_ the methods and character of the fisheries investigation .work undertaken by means of the Endeavour; (2) as to the value and full purport of the work already done, particularly in regard to the discovery of profitable trawling grounds ; (3) as to the prospects and most advantageous scope of future works, if the experience of part operations is considered sufficiently encouraging to justify their continuance. "• MILLIONS OF IMMIGRANTS WANTED. At the St. George's Day dinner in Adelaide, Sir James Boucat, in proposing the toast'of Empire, said: — " Australia is now face to face with the world, as she never has 'been before. On our north are three or four hundred of millions of men as able fighters and disciplined as any the world ever saw, looking with longing eyes on the fertile and unoccupied lands of Australia. A very powerful European nation sits on> the flank of the trade routes in New Guinea on land token from Queensland. Were it not for England the great 1 Eastern races would have us. A united Empire alone can save Australia. Australia is not effectively occupied,' and it is open to any people to occupy it. We must have railways through the interior, east, west, north, and south, and great immigration, possibly millions. These are necessary lor. our existence, for only by means of railways can we place a sufficient population on the land and enable them to live. Tho introduction of a few labourers to do carpenters' work, dig, and plough, is only a iieabite."