WANDERINGS.
"He that spareth the rod hateth his own son; but he that loveth him chasteneth him betimes."
(By Weary Willie.)
The judgment in the appeal brought by Captain Naylcr against the finding of the Nautical Court in the Penguin inquiry will no doubt set the leaderwriters of the Dominion going at top. The judgment will probably mean a great deal to the Union Company when the matter of damages conies to be assessed; but, with all due respect to an eminent judge of the Supreme Court 'and the two Ancient Manners who assisted him in coming to a decision, "Weary" thinks that all is not as it should be. The judge and assessors decided that the Penguin struck Tom's Rock, "or some rock in the vicinity." How in the "name of New Zealand justice can anyone decide that? "Circumstances were againsff the suggestion that the vessel struck a submerged obejet" floating about the Straits. What circumstances^ can be taken into consideration which can decide definitely that floating wreckage was, or was not, in any part of the Straits that night? In point of fact the Manapouri (Captain Steve ins), two or three days previous to the wreck of the Penguin, came across floating wreckage somewhere off Cape Palliser, and this wreckage has not since been, seen in the Straits. Taking this known fact into consideration there is a very big' probability that the Penguin may have struck floating wreckage, and taking into account Captain Naylor's previous ireoord, he should have been given th© benefit of the doubt. In my mind the question which should have .decided the culpability or otherwise "of Captain Naylor should have been: Was the weather in ■the Straits of such a nature that the only safe course to pursue in the interests of the passengers (not the company) should have been to 'return to the shelter of Tory Channel until the morning? The evidence is not very conclusive on this point. It was a fearful night, and in my judgment Captain Naylcr would have been wise to defer the run across until the morning. Of course, he had to think of bis employers as well as of his. passengers, and those who go down to the sea in. ships have, as a matter of course, to take a certain amount of risk._ Was the risk of the passage that night beyomd the average risk? I think not, and therefore in my opinion Captain Naylor did not err in continuing on from Tory -ChanneL The want of certain knowledge of the place where the vessel struck, and the evidence adduced of th© fact o? floating wreckage being seen in the Straits,_ might treasonably be supposed to weigh sufficiently in the minds of the Co-ujrt to lead them to exonerate Captain'Naylcr of sny negligence or default. However, the decision is given, and what is Captain Naylor's loss may be other people's gain when the survivors and relatives of thase lost start out to claim.
It was no "mute, inglorious" Council that had its initial flutter on Friday evening last. The new chums had in some measure "fleehed their maiden blades" at the Mayoral "chivoo" on the Wednesday. At this function they, in a manner ispeaking, tried their depth. -Some of them got into deep water, but that did not matter there. In the language of the East End (Blenheim variety) the Mayor "had opened his kit." The shock ofthe evening to "Weary wais the Conollian utterance that his Worship thought mind to mind with him of Spain glands against any proposal for a loan, for whatsoever purpose applied. His Worship dad1 not think fit to . deny the impeachment, and we must c'en think that our worthy Mayor will be one of the brakes on th© wheel of municipal progress. He tnuet be "aye gleg at the uptak"^ to think of progress to the Borough without recourse to a borrowing policy. Perhaps his alter ego might be prevailed upon "to give his consent" to a change of opinion on the subject, provided his brain can assimilate the fact that it would be to his own interest.
Something like 3d in the pound exfana rates would give us a full and efficient water supply and drainage scheme. This is at aai outside valuation!; the probabilities ..are that it would be much lesis. Now, what same man or woman or Mayor could conscientiously object to pay this small extra charge for the benefits derived f.rom pure water and sanitary drainage? Our Mayor, amd one or two of "Messieurs the Councillors," have gat hold of the bogey end of the loan stick, and should, by way of a, change, study the loan proposals fully before making any more public aninouncemeaits on the question. - * •* * «
I would not be at all surprised: if Couincillor Dodson prove one of the wise men of the Council. "Speech' is silver and silence is golden." Brother Dodsonwas the only maai who refused to prick the card on Friday evening. His whole bearing said, as plaint aa whisper in the air: "I am a novice, and will keep my car out of the boat until I learn how t<y row. I will bend my back right 'heartily just as soon as I caoi keep time with the others without the danger of catching a crab." Good, Brother Dodson! We will keep our eye on you as well as on our "very young friend" Councillor" Girling.
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https://paperspast.natlib.govt.nz/newspapers/MEX19090511.2.28.23
Bibliographic details
Marlborough Express, Volume XLIII, Issue 113, 11 May 1909, Page 5
Word Count
907WANDERINGS. Marlborough Express, Volume XLIII, Issue 113, 11 May 1909, Page 5
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