North Otago Times THURSDAY, JUNE 5. 1885.

North Otago Times, Volume XXVIII, Issue 3973, 5 June 1885, Page 2

North Otago Times THURSDAY, JUNE 5. 1885.

The Otago waste lands board hag been dealing, in a preliminary kind of v ay, with a case of alleged dummyistn. Connected with what it has done so far, too, there hag been a considerable spice of unofficial piquancy. This, it is true, raay be chiefly owing to the point of view from which people regard the matter, and that point of view has, perhaps, little relevancy in it. Mr A. 0. Beggand Mr J. M'Kenzie, M.H.R., are members of the education board, and Mr M\K>nzie is also a member oi the waste lands board. At a recent meeting of th j first-named body Mr Begg made an elaborate statement a^out the expenses of members, and in that statement it was made to appear that Mr M'Kenzia, amongst; others, hud been in the habit of getting more than could reasonably be looked upon us his outlay as an attender of the board's meeungs. A week or so after this statement had been made, Mr M'Kenz'e, as a member of the waste lands, board brought forward a dummyism motion with which Mr Besg'a name was closely mixed up. The inference of the public, therefore, has been that Mr M'Kenzie did this in consideiation of the great personal love and affection which he does not bear towards Mr Begg ; and hence the unofficial piquancy which has attached to the land board's action in the matter. The business, however, has a far wider and deeper interest than that. The resolution which Mr M'Kenzie moved at the meeting of the land board on the 27th of last month was — " That this board bold an enquiry, in accordance with the provisions of the Land Board Inquiry Act, 1883, as to whether the requirements of the Land Acts, in their true intent and spirit, are being evaded in the case of the Beutnore run, 'an endowment of the Ota«o University/ and subject in all respects to the provisions of the Land Act of 1877 and amendments, and the lease of which was purchased at auction in 1883 by Mr A. (J. Begg, of Dunedin, as attorney for Mr W. Docharty, of London." And in moving his resolution Mr M'Kenzie said that the alleged evasion of the provisions and requirements of the Land Act had been represented to h»m in this way : " That previous to the purchase of the lease of Ben more run by Mr Begg, as attorney for Mr Docharty, it was held under lease by R. Campbell and Co., for which firm Mr Begg was ageut ; that owing to the passing of the 67th clause of the Land Act, 1877, Amendmpnt Act, 1882, known as the 'M'Kenzie clause,' R. Campbell and Co. were debarred from purchasing the same as being owners of 20,000 sheep or more; that the lands comprised in that portion of the Benmore rnn purchased by Mr Begg, as attorney for Mr Docharty, have been and are at present being worked as a station of R. Campbell and Co.'s, for whom Mr Begg etill actb as agent; and that the sheep running on the run are branded by the same brand as that used and registered by R. Campbell and Co. Consequently the inference or deduction that is drawn from the circumstances in the district is that Mr Begg was acting as attornpy for Mr Docherty, who was, or is, ft, Campbell and Co.'s ' dummy,' thereby enabling that firm t- hod more land than the law permits for pastoral purposes." At the time this statement w.is made by Mr M'Kenzie, Mr Maitland, the Chief Commissioner, pointed out that section 4 of the Otago University Reserves Vesting Act read thus-; namely, that " the land board of the Otago land district shall not have, exercise, or perform aoy powers, duties, or functions over or in respect of the said land described in the said schedule; but the governing body of the said University shall have, exercise, and perform the same over the said land in all respects as though the said governing body had been in the said act and schedules designated and named instead of the land board." Mr M'Kenzie admitted the accuracy of the quotation, but held that section 3 of the same act "set forth that the land in question should be dealt with as waste lands of the Crown, and be subject in all respects to the provisions of the Land Act, 1877." The upshot was that it was decided to take the opinion of the board's solicitor, Mr R C. Haugitt. That opinion was read at the board's meeting on Wednesday lawt, wheo, quoting from the Lands Inquiry Act, 1883, the Otago University Reserves Vpsting Act, 1881, the Land Act, 1877, and Supreme and Appeal Court decisions thereanent, Mr Haggitt gave it as his opinion that " not only have the board no power to enter upon the suggested enquiry, but even had they power to do so, and arrived at the conclusion that the requirements of the Land Acts were being evaded in their true intent and spirit, they could do nothing by way of forfeiture of the license, and the enquiry would, therefore be useless."

This opinion the board haa agreed to abide by, though Mr M'Kenzie, being dissatisfied with Mr Haggitt's view on •ccount of bis being Mr Campbell's solicitor as well as the board's, wished the board to obtain the opinion of a Judge of the Supremo Court;. Our readers will observe thab the question of the alleged dummyiani has not been touched at all. Dummyiam may or may not exist in thip particular case, but if it does exist it seems there is no law in the country under which ifc can be dealt with. This comeg q{ the too

much law making of our parliament, and from the want of a careful remembrance of leading principles on the part of parliament. It does not look well that a practice declared to be

illegal by one act should be rendered ! possible by the powers given by another statute to a body like theTJniveraity of Otago. It would therefore seem that the necessity which now arises is, that University and other public reserves should be made subject ta the leading principles of tbe general Crown land law of the colony, ov that such provisions as the " M'Kenzie clause " should be swept from the statute book. Either of these courses will have to be taken uoles^ tbe country ia content tbat dummy ism should remain comfortably possible in connection with the leases of the University reserve?. But as the law stands, can there be such a thing as dummyiscu in connection with the leasing of those reserves 1 Where the hw of dummyism does not apply, can there be any offence against that law % These questions aie so simple that they answer themselves.

The garrison will parade for Inspection this evening, at the Volunteer hall, at 7.45 o'clock,

A lime light exhibition of Dr Barn»rdo'j work among the waifs and strays of London will be shown in Columba church this evening.

The annual meeting of the Wai taki branch of the educational institute take« places to-morrow in the district high school, at 1.30 p.m.

Che Daily Times of yesterday says : "By mail to hand yesterday morning the New Zstland and Australian land company received advice of thd sale of 775 quarter* of their wheat at 375, and 400 quarters at 40 * These were the highest prices obtained in the London market fjr New Zealand wheat when the mail lef c. The wheat in question was grown at the company's Levels estate.

At the resident magistrates' court yesterday, before Mr Robinson, R.M., Charles Kearna was charged with allowing one steer to wander at large in the town, and fined sa. William Darragh, for allowing three cow* to wander at large, was fined 7s 6d. In the civil case *V. O. Baudinit v. J. B. Cox, claim 17s for rent, judgment was given for the amouac claimed and 7-* costs, to be paid within a month. Thomas Halkett and William Halkett were charged with throwing stones at the house occupied by Thomas Jackman, of Reidston. Inspector I'homp3on stated that the information had been laid at the request of Jackmao, but as he had not attended the court, he would ask his worship to be allowed to withdraw the case. This was granted.

The usual monthly meeting of the Oamatu Athenosum committee w«s held laafc night, Mr J. L. Allan In the chair. Ther* were also present — Messrs Brown, Forreßter, Harkneas, Peattle, Fraser, and Young, hon. sec. The minutes of the previous meeting were read and caLfirmed, and the correspondence read and approved. The librarian reported that 326 volumes had been added to the library, being the order aent home some time ago. A donation of Ll2 10*. by an anonymous friend had been received for the purchase of Fiji curiosities. A sum of money was also collected in the room to aug« menc this donation, and an effort is to be made to make this sum much larger. A number of accounts were passed for payment, and the meeting rose,

The Papakaio licensing committee held their annual meeting yesterday in the courthouse. There were present— Mr Borrie (chairman), Messrs Balzell, Etston, Johnston, and Turpie. The application for a transfer of the license for the Peebles hotel from T. J. Bunting to William Fra«er was granted, and renewals were granted as follows : John Johnston, Bridge hotel, Wai« taki South ; Henry Schluter, Boundary Creek hotel ; and F W. Thiele, faoakaio hotel. It was resolved that the fees for conditional licenses be the same as hitherto, and that applications for the same must be made with the clerk to the cotnmittas two clear days before the day daring which they are intended to be used. The committee found ifc necessary to at ato the time for receiving applications for conditional licenses to avoid complication is the future.

At yesterday's meeting of the N.O.A. & P, Association, during the time the deputation from the Caledonian society was discussing the proposed improvements to the ground with the committee of the association, a member of the committee, in order to strengthen his argument that the Caled >nian society should give a certain yearly rental, and to show the flimsiness of the structure that has to duty for a grand stand at the games, said, " Why, the slightest puff of wind, and off goes the roof of the concern " To this one of the deputation replied "True, but you must recollect that before the roof goes off we have collected the money for seats. Tha sea breoze does not set in till four o'c ook in the afternoon." Koth parties laughed, and no doubt thought themaelveß level with the argument. Coal from the Koranui mine is coming into the market, and we have received a sample from Messrs V-rnor »nd Manley, ia oulor to test it as a fuel. The coal is something like Newcastle, but leave* no ashes and less dross, burns clearly, with but little smoke, and a« a stove coal Is, we think, much superior. In short, those whi have bean in the habit of burning Newcastle coal should procure some of this native coal from their coal merchants, and we are sure their experience of it will bear out the opinion we have expressed. In addition to its many good quilifci«3 it is a colonial production, and those who us« ib are helping along an industry that evidently requires no bolstering up by means of customs duties. We believe that tha moat of the West Coast coal has the special feature of burning well and cleanly, without being a whit more expensive than tbr imported article. Wr Washington Norton's company is well named the "Merrymakers." There are companies that make mirth in a clattering chattering kiid of way that sends the rougher members of an audience into "fits of laughter," and yet the entertainment is devoid of real brightness and humor. Mr Norton's company is not one of these. The entertainment makes everybody laugh The laughter, howeve, is not produced by clumsy commonplaces ; it is the result of the cleverness of the entertainers, and of the delightful brightness of the things they do and say. Last night the company's cleverness was demonstrated In mary wayi, all more or less mirth-making, First there was a farce from Mr Norton's own pen, "Two

cm play at one game."

In this Mr H.

Norman and Mrs Norton as Mr and Mrs George W. Bodkins, and Mr Norton himself as their n«gro servant Cnpid, created greifc fan, Cupid, of course, being the most conspicuous charact2r in the piece as a mirth-maker. Then'came~the barjjo performances, and the Christy Miustrel dialogues and song* of Mr Norton, who ehowed himself to be not less admirable as a musioian than a* the s&yer and do»r of things that make the dullest laugh, and put the most soar-mouthed ( nto a genial humor. Mr Henry Norman plays excellently on the piano, and he has a fine baritone voice. His ftrat song last night Wifl bo well given that he was heartily encored, when, in response, he sang tha " Midahlpmite " m first rate style. Mr Norton's " wonderful changes " are indeed wonderful, and the way in which they were gone through, quite oarried the audiencs off their feet. The changes are all effected without leaving the stage and in the presence of the audience, whoßO admiration lost night found fair expression In the spontaneous exclamation of a stall ticket-holder, — " It's perfectly puzzling ! " tfrom a gentleman in an eveuintr dress to a French officer ; from a French officer to a gentleman of Bixty ; from a gentleman of sixty to an Irish peasant woman, from an Irish peasant woman to an American " down eastern " old maid, and

from that charaoter to the tout ensemble of a girl of the period, are changes effeoted by Mr Norton in a truly astonishing and most amusing manner. The " entranced lady floating in 'the air," Mrs Norton being the lady, is a part of the entertainment which we shall not undertake to describe. It must be seen to be enjoyed, and it would be * Btrangv audience that would not enj >y it aa seen by the lime-light produced for the occasion by Mr E; Bridge, The " Merryn akers " will give thei' s°cond entertainment at the Publto Hall to-morrow nigh', when they are bound to have a good houae if the public patronise th^ entertainment in ' any aense according to its merits.

In addressing his constituents at Wangf. nui on Wednesday night, Mr Bryco, while referring to the question of fiaance, said that he bad noticed a communication from Sir Julius V >gel in the newspapers, «ent by the Press Association, which wv presumably a non-politic»l asiociation. Sir Julius Vogel contradicted Mb statements re the c )rrowiug proposals of last session. He considered that Sir Julius Vogel must have been misled by an incorrect: report. Sir Julius said he (Mr Bryce) did not know what the sinking fund meant That was Sir Julius' way at times. The Colonial Treasurer had said the sinking fund had been understood at home. He ( Vf r Bryce) hid c msidered the scheme, which was likely to bo bad for Sir Julius, and bad for the oo'ony also. Ii reference to the accrued sinking fund, the statements he had quoted from Mr Thomson's speech were substantially correct. A similar statement hid been made in the House laat session or ir and oyor again in tha presence of Sir Julius Vogel; He quoted from the Hansard report <■£ speeches by Messrs Wakefield and Hursthouee and himself to support his argument.

Tn his Tuesday night's apeeoh at Temuka, Mr Rolleston condemned the ChriitohurchvVeat Coast railways as " bad m principle, for it involved the alienation of va<t tracts of Crown land. It would be cheaper and better,, in hia opinion, to give a t.onua of a million Bterling to induca a company to construct the line than to alienate tboae areas and band th- m over f o companies, and tbu* not only part with the public estate, but alao fail to fulfil tbe duties of colonisation.

lhat line would be constituted aome day, he felt The mute w»8 fixed to go by

Arthur's Paaa. Hiß own belief always was that the rou*e should be by way of the Waiau, and in that belief, the late i government carried on the Northern railway to the Red Post. He did not think they should make the finances of the colony bear the ccst of thia line, on which the borrowing waa so great, or that they should be entitled to go into works that did not show a prospect of reproduction. The time had not yet arrived for carrying out this work. What surprised him most wn3 that gentlemen like Mr Stout and Mr Ball Mice, both of whom weie man of liberal views, and neither of whom would sanction any spoliation,) should be foond lending themselves to such a scheme. Their object was undoubtedly good, buk the means they wore adopting were imperfect. In fa t the whole of the financial proposals of the government were unsound, and he had grave doubts whether the colony would not noon have a bitter awakening from ita dream." A. SARGEANT, PHOTOGRAPHER, TEES STREET, IS NOW T KING PORTRAITS FROM 12s 6d PER DOZ,