The Nelson Eveninig Mail. SATURDAY, FEBRUARY 16, 1867. Mr.CURTIS AT THE PROVINCIAL HALL.

Nelson Evening Mail, Volume II, Issue 39, 16 February 1867, Page 2

The Nelson Eveninig Mail. SATURDAY, FEBRUARY 16, 1867. Mr. CURTIS AT THE PROVINCIAL HALL.

Mr. Curtis, in continuing his address, observed that he Avould make a brief reply to an attack on him that appeared in the Colonist of the 11th January last, in an article headed " a little bit of biography." It asked — How many schemes and speculations, companies and associations, Trust Funds management, and others in the conducting of Avhich Mr. Curtis has had a greater or less share, have produced results Avhich have gladdened the hearts and lined the pockets of the shareholders, the creditors, or the public ? Let us see ; from the purchase, repairing, decorating, and ultimate fate of the steamer Nelson ; and back further than these interesting occurrences. Where be the shareholders of the Croixelles copper or chrome mining company? where the promised dividends and capital of the defunct Metallurgic Association? Avhither have vanished the large and boasted profits tbat were to accrue (profits to the public we mean) from the purchase with public funds of the steamer Nelson?— a " cheap" boat, you perceiAve, patriotically purchased Avithout any commission being charged. * * * And. talking of the Trust Funds, reminds us that the last annual accounts of the Funds have not yet been pubhshed, and that those of the previous year Avere not made public until long after the time specified by tbe act Might Ave ask Mr. Curtis, Avho is understood to take a prominent part in the administration of these funds, Avhat is the cause of this delay? and whether there is any valid and sufficient reason why the loss to the Funds on the Nelson steamer, has never yet been shoAvn? It is nearly a year and a half since she was stranded, abandoned, and sold, and as long we presume since the claim for the insurance Avas made. It Avould be satisfactory for the public to knoAv why the affair has not been made up and a balance struck, showing the exact loss. It concerns the public to knoAv all this. Now, to whom was this applied ? Many members of the Croixelles Copper and Chrome Mining Company were no doubt in the room, and it might be applied to them as well as to him (a laugh). He was not the principal of the company, although one of those who assisted to start it, nor was he a director, but he did act as secretary, and this was all he had to do with it. He was not responsible for the non-success of the undertaking, and received a vote of thanks from the managers for the discharge of his duties. No doubt the projectors of the company Avere too sanguine of success, and. it turned out that there was no copper there, but that was no fault of his ; he was not responsible for failure, nor could blame be fairly attached to the directors or any one else (cheers). As to the defunct Metalfurgic Company, there was something of the sort at Massacre Bay, which started with the intention of working for gold ; but he had no voice in it either as director or manager, and was not responsible for the dividends referred to. Then, as to the Nelson steamer and Trust Fund, with which he had something to do in common with a number of other persons, it was for -the parties most interested to make the inquiries referred to, but no explanation had been asked or communication made respectiug it. The taunt of the cheap boat was out of place, and he had yet to learn that he was in fault in charging no commission. It was a good boat, and well worth the money that was paid for it. The Nelson cost £8000 and the Wallaby £6000, the paddle steamer being the most expensive, and the balance of opinion of mercantile and nautical men being in favor of a paddle steamer which was supposed to be better adapted than the screw steamer for crossing tbe bars of the rivers on the West Coast. The trustees desired a boat that could be depended on, and not that could be taken to the Taranaki war. It was wrecked, got off and sold to the offers that were made. Not wishing the funds to lie idle, they advertised for a steamer, but receiving no application they determined to send to England for one. Thej did and the province had not suffered from the

venture. It was the first to stimulate the West Coast trade and to cross the Hokitika bar, and had been the means of hastening the valuable discoveries that subsequently followed ; for had the matter been left to sailing vessels, the gold discoveries aud the preseuce of a large mining population might have been postponed for years (cheer). The other steamer did not folloAv the Nelson to the West Coast, till after she had been engaged six months in the trade, and to the former the colonists are certainly indebted for the successful trade which has since been opened by the steamers. The losses, which had followed, no wisdom, could foresee, and no sagacity prevent, . but the loss had not been so absolutely ruinous as was now represented, the employment of capital had done a great de'al of good, trade had been stimulated and the interests of a rising community greatly promoted. As to a statement of the funds not being published, he was not to blame for that. He was not a trustee of the funds, more than others, there were nine persons responsible for this, and he had no particular voice in publishing the accounts. Why did not the Colonist ask Mr. N. Edwards, its new political friend, who kneAV as much about the accounts as auy one else? (cheers and laughter.) He was also referred to in the Colonist and censured for his conduct whilst acting as a trustee in an insolvent estate, the application being no doubt to that of Mr. Elliott ; it was well known this was the case referred to, and he had no hesitation in replying to the remarks. The critic says : — Application Avas made for a discbarge, and the Judge asked on what grounds discharge was applied for. He Avas surprised at the application, and at the. absence of the opposing creditors, who had been threatening extreme measures at the former sittings of the Court. The case was one in Avhich new questions of law and fact Avere expected to arise, which Avould cause a good deal of litigation. He as a trustee was blamed for considering it unfair to the petitioner to keep him longer undischarged, as it would keep him from going iuto any business. The discharge of the insolvent had nothing whatever to do with the losses the creditors had sustained ; his being unemployed would not benefit them a single atom. As a trustee in the estate he was free to admit he did not oppose the discharge of the insolvent, for he had no grounds to do so. Had the Judge asked him on what ground he opposed the discharge, he would hgve been unable to offer any. No creditor asked a question on the subject, aud they had all the facts at their command, and could have opposed if they wished, and had they wished, the trustees would have opposed. In the absence of all grounds for opposing the discharge, it was unfair to complain that the trustees refused to offer an opposition which could not be supported on any sufficient grounds. The insolvent might have been detained if the Judge had said sufficient grounds were found in the wish to gratify the envy, malice, and uncharitableness of a rival newspaper proprietor (cheers). As to the question of law, it was the business of the Judge to decide it ; and it would have been a loss of time and money to enter upon the litigation to which reference was made, and it was absurd to blame trustees who avoided a litigation that would have been no benefit to the estate. It could have been no benefit to the estate to rush into Court with every question that arose amongst the creditors. It had been found far preferable to refer them to arbitration as a cheaper and easier mode of settlement, leaving direct questions of law to be settled by the Court. A question of business had been dragged into political affairs, the greatest misstatements had been made respecting it, facts had been distorted, and documents widely circulated in order to influence the electors. He had hitherto allowed the Colonist full swing in its course of misrepresentation, and was now obliged to place some check on the abuse it had showered on him, and the unfair mode of treating the question it had recourse to. The firm to which he belonged had thought it their duty to commence an action against the proprietors of that paper for insinuating that they had for years connived at smuggling, and persecuted and endeavored to rob of promotion and damage in reputation a zealous and active officer who had exposed them. The main charge wafc conniving at smuggling, it being said " they were glad to get off with the payment of the duty." What did this mean, if not that they were compromised iu the prosecution for a smuggling transaction. In Nelson and the colony where they were known they had no fear of in-

jury from this statement, but they were liable to be damaged by it, at a distance, in England, Australia, and other places where a great part of their business was' transacted. Parties notconversantwith the facts at a distance might not sufficiently discriminate between a small quantity of tobacco alleged to have been taken by their servants without paying duty, and a cargo of which they might be the reputed agents. It was an imputation on their honor as a mercantile firm which could not be allowed to pass unnoticed, aud this was the reason why they resolved to take legal proceedings agaiust the authors of the injurious statement. Iu reference to the proceedings against their servants in the Resident Magistrate's Court, they had no cause of complaint, and the officer of Customs Avas justified in the course he felt in his duty to take iu instituting the prosecution. When the officer of Customs threw obstacles in the way of the men proving their innocence, and became a cause of injustice then they interfered by recommending them to draw up a memorial to the Government, and by assisting them in its preparation. It was sent to the Government without any comment of theirs, and they had no further communication with the General Government on the subject, awaiting the result of the inquiry asked for. Mr. Johnson caused this to be accompanied by an attack on Mr. H. Curtis, whom he charged with "malicious falsehood." The firm then began a correspondence with the General Government, they then interfered and asked for an inquiry into the case of Messrs. Smith and Syme. This was in consequence of the conviction forced on them that there had been no smuggling, and that the revenue had not suffered at all. They had traced the tobacco and found in the Custom House at Wellington, a certificate, that the duty had been paid. They caused the documents and certificate found in the Custom House at Wellington, to be forwared to the General Government, and then they demanded for the first that the penalty should be returned. Previous to this they had only asked for an inquiry, and that justice should be done. In reference to the charge of persecution brought against them, an unfair advantage had been taken of the words they used. The Colonist rested its case on this plea, but it only quoted half the sentence in their letter on which the charge was founded. In the first letter of Mr. H. Curtis to the Commissioner of Customs he expressed a wish that as the result of an inquiry no more than a written apology should be exacted, and 'that justice should be done to Messrs. Smith and Syme. Here was no proof of persecution in what they demanded as the result of an inquiry. But if the whole sentence in the letter had been read, it would have afforded additional evidence of the absence of a desire to persecute, on the part of the writer, for it stated the coaviction of the writer that Mr. Johnson was "a good and faithful officer, and a well conducted man" (cheers). The counsel for the ColoDist rested the charge of persecution on this letter, and if there was any part of it that more savoured of persecution, he would like it to be pointed out to him (cheers). Having traced the tobacco and ascertained from documentary evidence that it had paid duty, they expected the Government to return the money. Change of ministry too place, and delay ensued. Mr. Stafford referred the case to Captain Rough for a second report, his first having been against a remission of the penalty. When he fouud the duty had been paid, Captain Rough recommended to the Government that the penalty be remitted. This he did with reluctance, aud great importance was to be attached to this recommendation in the report, as Captain Rough and the firm of Curtis Brothers were not on the most cordial terms. Captain Rough would not have reported favorably had not a sense of justice impelled him to do so, he ouly remarking there was no legal proof that the duty had been paid. This was a new doctrine, to demand legal proof of a man's innocence, instead of his guilt (cheers). On this Mr. Richmond forwarded the petition to the Governor, with Captain Rough's report, recommending a mitigation of the penalty, and the arguments he (Mr. Curtis) used led to a result in favor of the petitioners (hear, hear, from Mr. Luckie). He (Mr. Curtis) argued thus with the Government. The duty on the tobacco was paid or it was not paid. If it was not paid there, was no propriety in a remission or mitigation of a single penny of the penalty (cheer). On the other hand if the Govern-

ment, believed that the duty was paid they were bound to return every penny of the money. The petitioners demanded a remission of the whole penalty or nothing, to show that they were not guilty of smuggling (applause). Remarks had been "made ou the great interest the firm to which he belonged had taken in the exculpation of their servants from the charges brought against them. He had yet to learn that the relation of employers with the employed terminated with the mere payment of wages, and that it was not the duty of the former to protect the latter when they were the subjects of hardship and oppression (cheers). It had been asked why they did not accept an apology from the Colonist. To this he replied that ou the day on which the libel the cause of action, was published, Captain Rough informed them that before the letter was published, he told Mr. Luckie that the firm was in no degree to blame for the matter in which their servants were concerned. After this the Colonist published the report that the tobacco was seized, aud that the firm were glad to get off with paying the penalty. It being their opinion that there was no justification of the charge, *they were not disposed to accept an apology,, but required a sum to be given to a public charity (cheers). He would make a few remarks, in conclusion, on the question of education. He approved of the system now adopted in the province, which had been established not without considerable effort and sacrifice on the part of its founders, and which was the envy of some other provinces who had not succeeded in establishing a similar system. The system he held to be the best, under all circumstances, which secured secular instruction to all classes, without fostering the narrow-mindedness peculiar to the denominational system, which was not practicable with a scattered population. At the same time, he admitted there was a difficulty in dealing with the Roman Catholic body, in reference to which he had been charged with inconsistency. He was opposed to a grant of Government money being given to endow any particular religious party, and if a grant were made to Roman Catholics, it would be impossible to withhold it from the other sects. He had not changed his views in this respect, but was willing to lend himself to such a modification of the Education Act as would meet the case by substituting the sum of £25 for the £50 now required to be added to the rates — a matter of no importance, involving no principle, and being purely a question of detail. Other modifications of the existing system he had no objection to, such as allowing the Roman Catholics to use their own books, subject to the inspection and approval of the Central Board. In reference to the emigration question, now that the gold-fields were settled, assisted emigration would probably be the best. That system was the best which preserved the balance of labour and capital. If capital was not absorbed it was an evil. Too much capital would soon find its way out of a country, while too much labor could not begot rid of. It was his desire to see capital employed in public works, a policy which had found no favor hitherto, from the powers that were, but of which, he thought, the public were now tired. They were now anxious to witness the infusion of greater life, avoiding on the one hand the rushing recklessly into debt, and on the other the slow jog,-trot pace, that led to no results. It was true, the province had not gone back, it had held its own, but in comparison with other provinces it was nowhere. The railway was the sort of thing to meet the public wants. It need add nothing to our liabilities, aud if no difficulty were thrown iu the way, the only positive loss was a few thousand pounds, which hardly amounted to three weeks revenue at the present rate. More than this, the Government were bound in fairuess to s-pend this money 'on the West Coast, and it could not find a more productive field. A great deal would rest with the person whom the people elected as Superintendent, who would either stir up the question or look on it with apathy and unconcern. If a person of the latter class was chosen, good bye to railways, and the money spent in preliminary arrangements would be completely thrown away (cheers). Mr. Curtis expressed a willingness to answer any questions that the electors might wish to put to him, but no questioners appeared. On the motion of Mr. Webb, a vote of hanks was proposed to Mr. Curtis, for

the straightforward and manly statement he had made. The motion was carried by acclamation, and the proceedings terminated by the customary complimentary vote to the chairman.