THE Grey River Argus. PUBLISHED DAILY THURSDAY, MAY 7, 1874.

Grey River Argus, Volume XIV, Issue 1795, 7 May 1874, Page 2

THE Grey River Argus. PUBLISHED DAILY THURSDAY, MAY 7, 1874.

The decision given by Judge Richmond in the great Tramway compensation case may be disappointing to the plaintiffs, but can hardly excite any surprise in those who know the law of the matter. Although our telegrams are silent upon the points on which his Honor based his judgment, we have little doubt that the verdict of the jury in the original trial has been virtually set aside on the ground that the assumed contract between the Tramway Co. and the County Council was ultra vires— that the County Council had no legal authority to enter into the contract admitted by their solicitor on the pleadings. The, question is a most important one not only to the parties to the case, but as establishing a precedent. As to the equities of the matter there can be little hesitation in saying that the Tramway Company is entitled to compensation of some kind or another, but we fear that the technical points raised by the Attorney-General in arrest of judgment will be found to be fatal to any further prosecution of the suit. We do not know the precise grounds, but it is certain that the Public Debts Act and the Loans Consolidation Act of 1867 efficiently precluded the County Council from the power of entering into such a contract as that which formed the basis of the action for compensation. It may be that the plaintiffs will carry their case to the Appeal Court, but as they have not now time to do so at the sitting on the 11th, some months must elapse before they can enleavor to upset the decision. We do not, however, expect that either the Appeal Court or even the Privy Council could do otherwise than sustain Judge Richmond's decision, and it appears that the only resort for the Tramway proprietors will be to petition either the General Assembly or the Provincial Council for compensation.

Mr Woolcock fired off a little indigna tiou in the Star of last evening because we ventured to coin men t upon his nonattendance on the Committee of his owr.

en aion. And, as is proverbially the case, hia temper got the better of hia discretion, aud induced him to resort to a style ot argument which is unworthy of him. Wiagree with Mr Woolcock that because a man undertakes certain honorary public duties, it is not to be expected that he shall devote hia whole time to them ; but at the same time we are prepared to uphold our previous opinion thor the assumption of public functions demands necessarily considerable private sacrifices, and that if, on important occasions, the sacrifice become tod great, then the obvious course is to resign an office which cannot be faithfully filled. Mr Woolcock's explanation of the causes of his absence is satisfactory enough, but it would have been better had he intimated his intended journey to Christchnrch to the Superintendent, and arranged that the Committee should meet at a more opportune period.

Yesterday was the last day for the receipt of tenders for the construction of the Greymouth Wharf. We understand that six tenders were lodged at the District Engineer's Office, but the result will not be known for a few days.

The Westport public are taking steps to *form a company for supplying water to Addison'B Flat from the Totara River.

We perceive by the New Zealand Gazette of the 16th inst., that the Immigrants' Land Act, 1873, having been laid before her Majesty in accordance with the provisions of the Constitution Act, the Governor has been informed by the Secretary of State that her Majesty will not be advised to exercise her power of disallowance with respect to the Act

At the sitting of the Waste Lands Board, on Tuesday, Mr W C. Roberts, by his agent, Leopold Beit, applied to purchase sections 220, 221, 222, 223, in the town of Greymouth. The Board sanctioned the purchase, with the understanding that the applicant knew that the sections in question were, at the present time, covered by the Grey River, and in the coarse of the navigable channel. A run at Kelly's Creek and Kelly's Range, was put up to auction, and realised LSB 6s 8d per annum, the area beiug 7000 acres. Mr LearmoDth was agent for the purchaser, F. W. Bruce. Another run of 11,000 acres at Little Wanganui, was t ffered but not sold.

In the Legislative Assembly of Queensland the House went into Committee to consider the Payment of Members Bill. An amendment was moved, reducing the amount of compensation members should receive for their services from L 3 3s per day to LI Is, but it was lost.

A. few days ago we announced by telegraph the drowning of Patrick Ferry in the Lyell. The following particulars are from the Inangahua Herald ;— " A Bad occurrence took place at Lyell, on Saturday, April 5. A man named Patrick Ferry, connected with the Burvey party, had been paying a visit to the reefs and got drank — returning to town in the cv ninp. Ha there became very noisy when the police threatened to lock him up. Mr Hall, who is in charge of the survey party, and with wbom Ferry had been constantly working for about three ye rs, endeavored to tranquilise and induce him to cross to the surveyor's camp, which was close to the ferry-house on the opposite side of the river. He ucceeded in getting him to the boat landing, but Ferry refneed to cross to the other side, and whilst in the act of returning to town— upon reaching which, Mi Hall had determined upon giving him up to the police seeing that he could not manage him— Ferry doubled, and fan straight into

the river. Mr Hall saw him strike out to swim, but having got into an eddy he quickly sank and was seen no more. Deceased was usually a sober man, and had been long connected with different survey parties, formerly in Canterbury and subsequently on the West Coast. He was considered .an adept 'at survey and bush workj and was held in high esteem both by his superiors and fellow workmen, He was a native of County Down, Ireland, and was about 40 years of age. At the time of his being drowned, deceased was known to have a considerable amount of money on his person. He is reputed to be worth considerably over L 1000."

We (Auckland Herald) learn per Hero that Mr Moriartry, who reported on the water schemes here, has proposed a gravitation scheme for Sydney from the Jtfepean, and that the Government have placed L2UOO on the Estimates to employ engineering talent to decide between it and another scheme proposed to supply by pumping. We shall look with much interest to the decision arrived at, In this matter, aed also as to the cost of reference, as some very unfeeling and unjust comments were made on Mr Moriarty when he visited the Colony.

A horse bred at the Cape of Good Hope has been sent to England, and entered for the Ascot Cup of this year.

The New Zealand Gazette contains the statement of the receipts 'and expenditure of the pu lie account for the quar'er ended 31st March. The total receipts of consolidated revenue amounted to L 384 601 Is 2d ; but adding recoveries, &c , the total footed L 389,392 11s Of this total, Otago contributed L 130.240 7s 8-1; Westland, L 19.742 14s lid ; Canterbury, L 68.314 5s 3d ; Marlboroujih, L 3415 5s 7d ; Nelson. L2B 442 7s lid; Hawke's bay, L 12.404 16s 6d; Wellington, L 50.894 Us 7d; Taraaaki, L 3130 16s 4d ; Auckland, L69,3049s sd.

Jumping sections is the amusement of some of the Westport community. The T»?»&SBays— "Quite a flutter of excitement has pervaded in Palmerston street during the week among holders of unoccupied sections, consequent upon one or more of such coveted bits of ground having been jumped, and in one instance a building partially erected. Pickings for the legal fraternity are cropping up ominously it this much vexed question of the right to have and to hold "

Ten thousand tons of stone are to be used in the Weßtport protective works.

A woman named Mary Ann Pike, charged with keeping a brothel was recently convicted at the Nelson Supreme Court, and sentenced to six months' imprisonment. His Honor Judge idehmond in addressing the jury referred to a man named (VL 'Caw, the owner of the house, and the remarks might be taken to heart by others out of Nelson. He said " that.in this case they were brought face to . face with facto, the existence of which was a disgrace to civilisation- with what was par excellence the social evil— but they had nothing to do with the question in its larger aspects. Iv common law the vice in question was no crime ; the law did not look at the sin, but required that people Bhould be decent in their vices ; the charge in this case was simply that vice had been practised so openly that public decency had been outraged. There was a time when immorality of this kind was punished by eculesiaiitical power and a fine inflicted, but he believed very little good resulted from the system, which was open to terrible abuses But they were not called upon to grapple with the main question, which was assuming a more serious aspect every year, and for which there appeared to be little prosuecb of remedy. The witness who had admitted letti ig houses for this purpose was beyond •I übt the most infamous character in C >urt —a more degraded person than the prisoner, and the greater enemy to society."

The Inangahua Herrld tells us that the contractors for the formation and construe* ion of the Energelie coal tramway are mv ins? first-class headway with the work. A large number of hands have been employed, and in three weeks 43 chains of heavy cutting have been got through and all prepared for laying the sleepers and rails, all of which are now on the ground. The two worst of the four sections have been first dealt with, and the tramway will be laid with all despatch, so as to enable the Band of Hope batteries to be conveyed to their future site, Mr Levy having disposed of them to the Energetic Company.