MORE NEW LAW OPINIONS.

New Zealander, Volume 13, Issue 1133, 25 February 1857, Page 3

MORE NEW LAW OPINIONS.

To the Editor ofthe New Zeaxander

Sut, —in my last communication, when describing our wonderful Auckland " Genius" i took the liberty in passing to inform the public of one of Ills accomplishments only, namely that of a good singer. 1 del so from my own knowledge, ai least, so far as I was capable of funning an opinion. 15ul i have, however, now reason to believe that he IS not oal\ tolerably well skilled in music both vocal and instrumental - as well as mischief-tnakci' general but thai he makes some pretensions to or acts occasionally i.i the character ol n draftsman.

On Saturday last of all others, when on his way through some of the back streets, not by the front of my own cottaye as before, in the direction of Freeman s Bay -on approaching one of the comers of several thoroughfares—just as one or two panics accidentally hove in sight - our highly respected •' yenius" suddenly brought up all-standing; he out with his pencil and pocket book, and began sketching away in imitation of some clever artist with his head towards the Bay, as busily as possible for a moment or so. as i preparing a iti siyn for a uiharj or some other useful public work so as to present the plans and all particulars to the Council at some future period. All at once he lifted his eyes from the book, and quickly took a glace cast, west," north and south, as if to ascertain whether the course was clear. This done while you might say knife, in went pencil and drawing book to the pocket—and away he again scampered at the rate of a hunt towards the young Lawyers chambers,as 1 suppose, for another fresh law opinion to assist him—or if you will (iitide hint in the next mure.

Now sir, it would be rather a nice point to arrive at. If the last law opinion from this same quarter was the cause of our honourable members of Council sitting upwards of 2-1 hours one day—and upwards of 28 hour.- another day, what shall' we expect will be the result of last Saturday's new law opinion ? I think if this is to be fruit of such opinions, it would have been us well if he had followed tlie example of Mr. Mcrrinuin and have written home for law opinions, because it would give us more time for breathing - and put offthe evil day a little longer before we arc made to suffer from their being brought into practical operation.

As my friend Mr. Carleton has written many a time for my instruction and amusement. 1 lug-on the principle of one good turn deserve- another, to claim the privilege of writing a line or two for his amusement and instruction.

Scarcely anything presents a more degrading character of national weakness, than its being thrown into confusion, by anything happening t", or acted by any individual ; and tlie ridiculousness of the scene is often increased l>v the natural insijjnifiecnce of the person by whom it is occasioned. Were a Govcrniiicnl so constructed, that it could not go unless a goose or a gander were present in the Senate, the difficulties would be just as great, and as real, on the (light 01 sickness of the goose or the gander, as if it were called an '• Old ILi/itl" or n *' Greek."

I have read the following which i also beg to submit for Ins perusal—"lt is related, that in the canton of Heme, in Switzerland, it had been customary, from time immemorial, to keep a bear at (lie public expense, am! the people had been taught to believe that if they bail not a bear they should be all undone. It happened some vears ago, thai the bear then in being was taken sick aiid died too suddenly to have his place immediately supplied with another. During this interregnum the people discovered that the corn grew, mid the vintage nourished, and the sun and moon continued to rise and set, and everything went on the same as before, and, taking courage from these circumstances, resolved not to keep any more bears, for," said they, "M bear is a very voracious (if not carnivorous) expensive animal, and we were obliged to pull out his claws, lest he should huri the citizens." i trust my old friend will feel amused with these little anecdotes—as well as gather a little information from ilivni ; thoftgh I am far from imagining they will be half as useful, as acceptable, or as valuable, in his estimation, as his last Saturday's Freeman's Hay law opinion. To.u Mi Ki-jiv, ('arpenter. February 2;>rd, 18.J7. A GRAVE QUEKY. To the Klitorof the N T i;w Zi:ai-anj>kr. Sitt,—Sitting on a stile as country swains often do sit—pondering —I wondered how the Council would act in case Mr. Speaker Hartley had a lingering illness or wilfully absented himself from duty, and then i wondered how the illegal presence of Mr. 1). Graham in the Council could possibly make the acts of the Council illegal, any more than the acts of the Imperial Parliament were when Alderman Solomons voted in the House of Commons, and how ii .vas that a resolution carried in tin Council setting aside the Constitution and nullifying the elector,-, cannot be put to the

Council ami lie rescinded ; and wondering mi I thought I saw the assembled electors and one ol their number elected Chairman, and some one of them addressing the rest through the chair, putting a resolution before the meeting which the chairman peremptorily refused to pul to the meeting. After some little confusion the common sense <<!' the electors decided that as thev made ihe chairman, so they could unmake him ; but tiny concluded that tin moment be refused to pul the resolution before tin- meeting, that moment he virtually ceased to lie chairman and became legally dead, ami they immediately elected another for the oliice. The Council is tin' electors (or should be so) multum in purvo. I imagine some similar proceeding can be taken with Mr. Speaker Hartley, although there may no; be al any precedent for ii : only what is frequently done al Vestry Boards ami Railway Companies ; nor is there any precedent lor such a Speaker as Mr. Hartley:--what a pitiable position for a man of his years, neither youth nor age, however, should make us swerve from duty, and the Government must not stand beneath the moving avalanche bin move onward onward to the glorious goal ol high moral principle, or be crushed beneath the trickery of a literary coxcomb. Thine respectfully, Damon. February 1."), 1857. IXiKS Till-: CAP KIT ? To the Ivlilor of the NkW '/a. \\. AMil.lt. Silt,- - Allow me to send yon the following extract : —"An ignorant, mercenary and servile crew ; unanij moiis in mischief, variable in principles, constant to ! (lattery, talkers for liberty, but slaves to power; styling ihems 'lves thecotiri party and ihepriuee'sonly friends." —Dai'cnant. And I will add myself that our " servile crew," having " no mind of their own," are like so many Punches in a Puppel show, to speak from behind the curtain as thev arc prompted by their master and director, "Mctokos." yours, eve., I!|;N ANO (JIII.KKNS. AVAILABLE EXPORTS : SILK. To the Ivlilor of the Ni.w Xi. w.a\ih;i:. Km, i have just been informed by Captain McDonnell, that he has several Mulberry trees ol bo!h Species in full growth at his place al Ilokianga. As the food I for the silk-worm is therefore attainable, perhaps some j one who has friends in India or ('hiua would write for | a quantity sufficient to prove that they will or will not j flourish here. If Italy can export ten millions of pounds ('sterling) worth of cocoons per annum, surely New Zealand oughl to make some attempt to add so materially to her Industrial resources. '■ I speak as to wise men, judge ye what I say.' AItTIII It S. < (U.MSISY. 24 th February, 1 s;>7. WHY AND WHEREFORE. To ihe ivlilor of the NKW-Zi;.\l..VN'r>EK. Siu, — ii being very difficult lo find employment to ; my tasie, and not wishing to be reproached with doing ', nothing, I am a frc-qiUMil attendant a; the meetings of our i'rovineial Council; where, although I may be | looked on as an idler, yet my mind is actively engaged. : I have witnessed the late struggle carried on between j our political parties, and in common with many others, j deeply deplore the present commotion, because ii j cannot fail to engender intense excitement amongst the colonists. I have known Mr. Hartley for aboul Hi ! years, and had I not witnessed ihe unseemly exhibitions | enacted in the Council Chamber, 1 could nol believe : him capable of plunging the affairs of the Province into such confusion, i vidently to meel the wishes of n j person who makes no secret of his anxiety to cmbarj rass the present Government. During the iirsl session of the Council the Speaker's sympathy was with the j Wynyard side of the House, which procured him a j better salary than he otherwise would have got, as the ! minority thought C. r >o quite sufficient. The next CJo--1 vernments increased his salary, and created a sinecure for his son (the command of two policemen a, CUM a-year.) The present Government being a Govern- ■ iiient of the people, are expected to expi nil the public money in useful works, and nol lo squander it so as to make political capital. All things considered, a lookeron can easily account for the rash and injudicious ruling of the Speaker. Some people are anxious to i hide their weakness from themselves, as well as from

others, tuid so it was wirfi the Speaker during the night fining, when to make his neutrality appear conspiiuous, he declined to accept refreshment from either partr, even to the extent of an apple ! ! I'have read in " Mav's Practice" of Parliament

"that the ultimate authority upon all matters is the House itself," and that "the Speaker is not to sway the House i>\' argument."'

i happened to be present in the House of Representatives when Mr. Clifford said "the House could overrule his decisions." You can therefore imagine my astonishment when ! saw Mr. Battle) take the dangerous step of placing himself beyond the reach of the usages of the House of Commons, which he Says he is bound to lake as his guide ; and day after day siop the business of the country, .by refusing to put any motion which, in his opinion, might be " pregnant wiili ulterior consequences." The moment 1 saw the Speaker exert his ingenuity ot devise specious apologies for hi> illegal rulings, that instant 1 believe he fell from the position he occupied with the public, and forfeited the respect of his colleagues (even of the minority whom he was striving to serve) by departing from dial strict and sharp line of impartiality which alone ought to guide the pre siding member of a deliberative Assembly. ! am, &c., Memory. I'IIE MILITIA. To the ivlif >r of the New Zealander. Sir, —Under this head "Picayune, No. •'* Company'' addresses the "Southern Cross"' in to-day's paper. He says thill he has the honour t<> be of the Company of which the Resident Magistrate is Captain, and that no one can object to such an appointment; but then this warlike correspondent says he objects, and will protest, if necessary, against serving under Lieutenant Elliott and Ensign Kenny.

ll would be only fair to these Militia officers and the public that •" Picayune'" should give some reason for drawing sucn a distinction. Perhaps he will be mo-e communicative, for the efficient officering ol the Militia is a matter of great importance. All that 1 cm learn of the Resident Magistrate is, that he is calied sometimes Captain, sometimes Mr. Beckham. 1 hear thai he was owubted al " the Bay," and we see that he has lived u> light another day. Before his admirer "Picayune" imputes cowardice to "Georgie" let him shew us of what preferable sniff the object of his honour, the Resident Magistrate, is made. A New Chum. N'.B. "Picayune" can probably say whether the Captain of his Company ever did anything like what he insinuates "Georgie" would do when i: came, to sharpshootiny.