THE Otago Daily Times.

Otago Daily Times, Issue 300, 5 December 1862, Page 4

THE Otago Daily Times.

il Invenidm viam aiit faciam."

DUNEDTN, .FRIDAY, DECEMBER 5.

In the Provincial Council, yesterday,—

~The,.. Provincial Secretary^ laid on the table copies of correspbhdene respecting th,e .Panama Mail service. ' ■ : ■ ; ' : ;', ,; The Provincial, Secretary moved the appointment of .Mr 'jAnjdxew Fleming as deputy Auditor, vice iirlam deceased. . . • The appointment was agreed to. ; • '•'.":'"'; : Mr Hardy moved an address for %' statement of ' the surveyed land open for selection4n each Hundred. ' 'jtir Cutten referreo to the gazette of' the' previous day/vi which', the information waspublished as: a report. He had no objection to" the motion. The motion was carriecl. -".', , Mr Walker moved that the House go into committee on the Eanama Mail Service^ • Mr Habdy seconded thei motion. • The Provincial .Secretary requested that the House might not be forced into committee on : thi3 subject before the estimates were laid on the table. The House w6uld,'%ith the estimates before it, be able to judge whether the Province could spare the funds. He also mentioned that there was a division in the Government on the subject, the Superintendent having protested against a minute of the Executive Oounei]. Mr Walker consented to wirhdraw his*motTon, but gave notice of a series of resolutions affirming the desirabilityfof Mr Crosbie Ward beiog enabled to negotiate a 'contract; of the Provincial Government guaranteeing a subsidy of L 30,000 per annum tor five years; and of an Ordinance being passed before the departure of the mail. The Provincial Sborkxaky laid on - the table a copy of the Gazette with reports of various departments. Mr Reynolds, withdrew his motion respecting jurora at the Supreme Court. Mr Walker moved for a select committee on the Home Agency, but at the request of the Provincial | Secretary he withdrew this motion, and the subject was referred to.the Immigration Committee. A message was received from the Superintendent, recommending a site for a Benevolent Asylum, Mr HEPBtraw enquired whether the Government was in possession of information respecting the postal service with Australia carried on by the General fctovernment. - - The Provincial Secretary said he had observed that the Cook's Straits mail was to go on "to Lyttleton, but the avrangement in the Assembly was' for it to stop at Wellington. The Government would endeavour to learn why the change was made. Mr Cargill moved, pursuant to notice, for copies of correspondence in reference to raising funds for the public works in Dunedin. Mr R^yNOLDS seconded the- motion', which was agreed to. Mr Hardy withdrew his motion for correspondence respecting gold discoveries. The Licensed Carriages Bill was further considered in committee, and the third reading fixed for Monday. - - - ~ ■ The Otago Harbor Improvement Ordinance was read a second time, and the third reading fixed for Monday. The Thjgtie Prevention Bill, the Hospital Bill, the Licensed Theatres Bill, and the Electric Telegraph Bill, were read a third time and passed. ' - / The Provincial bgcRETARY moved the seedrid reading of the Executive Council Bill. He explained that the objectof the bill was to develope responsibility, by dividing the Departments among the anembers of the Executive. . . ' Mr Keynolds seconded the motion, which was earned. ' * > * ' - •> In Committee'the bill was discussed at some length, and the third reading was. fixed for Monday... „ On the mo^Qn 4 of the Provincial Solicitor the Sunday Observance Bill .waVread a second time. In Committee there ww»: considerable .diversity of opinion as to iV the advisability of so stringent air enact- ; meat, but the, clauses were agreed>Wwltn somemodiivcattonf, ooe;being that .the words- V not Jess,thao," ' m applied to the penalty of Ls,'were struck $nC^*v (The thiril wading waswfix§d for Monday. " , 3 At?tea o'clock "the House adiouined'till Monday.

Th& statement^ inad&;by Mr'l)ick.in reply \6'\ Mr-rWalker£ motion'~an~ent the Panama queltion'j wasxemarkable in/mbre^ayVthan one/ Themover was asked to postpone the consi- ' deration of the subject untu the Estimates' were laid on ■ the .table,- and the-promise was made, that this wouLl be done sufficiently' early'to admit of resolutions being passed for transmission by the mail to England. ' We wish we could think that Mr Walker was not quietly being overreached. Mr Dick knows

thit the resolutions, unless ratified by an j Ordinance, will -■ be utterly worthless ; i and we cannot agree that 1 there is* any time to spare if this is to be ft amed and passed before the mail closes for England. Supposing * the Estimates come on next week, there will be little enough time to follow with the Panama resolutions, and less to prepare and frame an Ordinance. It looks as if the Government, conceiving the subject a disagreeable* one, wished quietly to shelve it. No good reason was given why the discussion 4 should be postponed' until after the Estimates. The Taranaki example was a petty attempt at retaliation on the Council, because the members refused to be bullied into a measure without being allowed time to consider it. What, we again ask, had' the estimates to do with the question? The'Councilis asked to give a guarantee for five years, but'which will hot commence until after the time covered by-the six months estimates, which Mr. Dick will shortly labour through. We presume the head of the Executive does not mean to insinuate that the Province i 3 not in a position to give a guarantee for the amount. As we took occasion to show yesterday, the proposal to which the Council is asked to give effect is not likely to cost the Province a single penny, A guarantee is all that is askedfor, to be repair] by, the! contributions to the servide 'from'" the other colonies. But even if it were likely to cost the Prbyirice the amount named, are we to be told; that Otago is not wealthy enough to guarantee sucha sum if the Councilconceiveit a desirable expenditure ? :! But the key of? the-whole matter was to be found in the latter part; of'Mr Dick's remarks, in a statement which we do not hesitate to say,! was oneof the most extraordinary ever made ma constitutional legislative body. Not only were the secrets'of.the Executive disclosed] but the individual opinion of one" member of that body wa3, thrust on" the. House. It appears that the head of the Executive dissented from the opinion of the rest of the members in regard to the Panama questio.i. There could be no objection to gratify the dissenting member by allowing him to enter his objection on ; the minutes of-the Executive, but in regard to any action determined upon by the majority j of the Council, the protest should have been ' considered valueless. There,would be an. end to the Executive functions if the head of the Government were to be allowed to carry out his views.in preference to those of liis Miaisters. The Executive Council haying arrived at a decision on the Panama route, they were bound-to act on it, or if the Superintendent decided to put his personal opinion against that of his Councillors they should have at once resigned. . " : \ '•.*■•

Mr. Dick exposes a pretty picture of executive doings when he tells its of the head of the Executive pitting his opinion against that, of the member§, arid of a species of compromise as ;a, result, by which Ministers consented to shelve the responsibility of carrying out a distinct engagement. No private member csh6uld have been /allowed to perform what in reality was the duty of the Government. The Executive engaged with =Mr Ward to seek the opinion of the Council,as soon as that body met, and it reflects ill on, their good faith that they have shifted the responsibility; on to a private member.' But' if the Executive are to be blamed for hesitating to. assert-what they admit are their own views, what is to be said about their attempting to sway the Council by the expression of the same individual opinion froitf which they have not the courage to proclaim tbeir independence. Mr. Dick told the Council * 'that"the"Executive were favorable to the Eanania proposal, and that is all the Council;had the right to know. But he" proceeded to; the thoroughly unconstitutional ~cp^rse of detailing, the opinion of tne Superintend^ to be told- that either in&the- Imperial or mi a< Colonial legislature the merest reference j; to the ppimohs fof ; the Queen or of ai Governorwould be declared disorderly? The essence of cpnstitutiorialisni? is that the Executive represent the jiominal- ihead^of the Government^ and the Executive alone axe held responsible. ■ If the^(^uee^senias; a to Parliamentj ror a Governor-tb;: his' ©ouse of Assembly, ; ih^;^[inb&^^B uPP9sed to endorse it, and- the name iifv the sovereign or of jrt|e:re|^e^^v¥ of rp^l^ be mentioned^ Fancy^or^^l^ersfon; ebniing\ tot^eHpiiseandsayin^3fcb.at^ fr^-iUe^puiidn pfj th^E^cutivej!^?|f^TCr

he made such a statement it would only preface the notice of his resignation.

Relatively the Provincial Executive occupy the same' position in regard to the Superintendent as A tne ' Imperial Cabinet does to the Queen. It Mr Dick and his colleagues are not at one with the Superintendent, and they cannot mutually- accommodate "their views, they should resign. 'Bat to corns, to the House and overawe it by even mentioning the private opinion of the Superintendent was a monstrous* departure from constitutional principles. And as if that was not enough, the House was treated to' a covert" threat. No one who heard the Superintendent's minute read, could fail to understand the 'insult offered to the House. Every one knows the feeling .with which five out of -six'of the members regard; the late wild proposals i of the Government on the Xand Question. And any one must see the -application of the opening-part of the protest ■* which states that the unsettled state of the land question is the reason why the protestor dissents'frbm the Panama proposal. Agree,to 4 nr£ views on the land question, and I-.will!consider favorably yours concerning- the Panama *service-^such was the deduction to" be drawn from the wordingof the protest. -*•' 4 " * » ! We have no objections to offer to any protest 1 the Superintendent may think -fit to make against the views of the "majority of* the -Executive. Butthe.Hpase fa not ttf-.be'subjected to-the influence 6f ( individual' viewa when all it has-ta<4o with is the Executive in the ag^ gregate. 'We stoujdltiin^less of the matter: did - >ye recognise^ in J.t jmly one departure t/°P ti ie PPWles.6fppnstUut|onai t tGoyera^ iW ps^sT#^ tUiCoundi, lias Wa4i4ed;tendenc>ifeara&'' increasing the

Every,aepartment-isluridlßr his immediate con-^ "trol^and in, short there is scarcely a limit to'the authority hVma/ exercise.' "We do'riot direct; our remarks'against the'present or any par i iiculkr 'future Superintendent. ' Indeed, 'as 1 far as" Major Richardson is concerned" his greatest opponents do not deny his honesty and integrity of purpose. He ' may be crotchety, and entertain strong, not to say prejudiced " views; - but he is incorruptible. But neither to him, nor to* any one else, is it safe or right to give - the enormous powers with which the Superintendency of Otago is gradually being invested. v And when we see that even the Council itself is being overridden, and the individual opinion' of the Superintendent obtruded into its debates we say there is the gravest cause for fear. Let the members of the Council ask themselves, -without especial reference to the present, -whether they are not sacrificing dignity and giving away power that one day. they-may wish to recall. * 'J

It is with great pleasure we commend £o the notice of our readers the proposal for the establishment of a Water Company. The prospectus, which appears in another column, is temperately worded, and the influential names of the directors afford a guarantee that they will not rashly deal with the interests of the shareholders. " The appeal to the residents of Danedin to take shares should not be without effect. Every person living in the town is deeply interested in procuring water free from the deleterious impurities that impregnate the existing supplies. The rain water ab3orbs all the foreign substances blown on to the roofe of the houses ; 'and in a city where so much earth cutting takes place, it is most unfit for use. Besides, its quantity is quite insufficient. The water from the J small neighboring streams niters through places overcharged with sewerage, and:is positively poisonous. V- '■""' "" ? .T.

In a sanitary aspect*"then the' undertaking has every thing- W recommend it, but intending- shareholders may rightly enough seek to know whether it is likely to.prove successful in a commercial point of view. The answer is, that Water Companies are amongst the, most profitable of commercial undertakings. Their profits are constantly on the increase, whilst their' expenses decrease. In London al6ne,"sey<2n millions have been, ex " pended by- Water-supply : Companies; and ye fc so profitable are the undertaldrigs that a .£SOO share inoie of them, has been sold for £16,000. There are many^circumstances 'which wii* faciltate the supply of .water to Dunedin, and regarded in a sanitary or commercial point of view, we heartily comuiend ; the proposed undertaking to the - consideration of pur readers. : ;; : ,

As will be seen by a notice in another column, the day of sailing of the outward English Mail steamer has been altered frooi the ;i7cli; to the 16th of the month; . ; .

It will be seen by the letter of our Bunstan correspondent that the disco rery of Mr Bracken, previously vaguely mentioned as being " in the Lake district," is actually on; a river about eight miles from tlie Arrow River. This may perhaps be the Shotover; ; . ■-, ; .

Last night "The Rag Picker ofParis." was repeated at the Theatre Royai, and notwithstanding the numbar who >had. already witnessed its representation there was.no perceptible decrease in the attendance. With the exception of tan alteration in the part of Madame Totard/the cast was the same as that already noticed. The unprincipled midwife was last night enacted by Miss Matthews, who, we are happy to see has entirely 'recovered from her indisposition, tlie style with which she went through her part proving that neither mental nor bodily vigor were impaired. . Iw the interval; Miss Ada Hart gave one of her curious medley dances ; and ths farce of "Who Stole the Pocketbook" concluded the programme. To-night, the gratia adaptation of '(Belphegor, the Mountebank;" .will bi produced with other entertainments, for the benefit'of the Fire Brigade. The volunteers deserve well of their felloe-townsmen, so it is to be hoped; that their merits> and an attractive programme, will secure a bumper house wklv the' tangible result of-a' handsome sum to the funds of the Brigade.

The Committee of ths; Athetiajiim have completed a carefully-prepared statement, showing the position in; which , tlie^ institution &t present stands, together with its previous history. They areanxiousT to obtain a grant from the Council their ;funds^ being" ratherlow.afc the present, an 4 the.estimates for the ensuing year showing: a deficiency on the expected revenue- We commend to the attention of the Execuiive thi3 very praisewortliy institutioiO ; \ ;;

The Immigration Officer of Otago, in his report to the Suparintendent expresses the following opinion as to the class of female immigrants most suited to the requirements of the colony:— '• JFrom the experience I have now derived in regard to female immigration, I can confidently assert that the only class suitable for this colony is hard-workirig domestic servants, and these alone will succeed. Nothing, in my opinion, would bs more imprudent, both as regards the colony, and the parties themselves, than the introduction of needlewomen and governesses' from'the large towns at home into this Province, as they are wholly unsuitable, from their previous habits, to engage'as servants in families, and equally unsuitable as wives to our working classes. As soon *as they find that there is no demand for them, and, perhaps, after trial, that they cannot perform-the duties' required of a servant in a family, they lose (heart, and moral ruin is imminent. I have seen a,few> instances of this kind, and now'feel it my disrespectfully to -warn the Government against spending the public money iv assisting females o"these classes," ,' •'. a^Fbe/ortncdming^exhibitibn in connection with the.'bazaar.maid of the building, funds of the EpiscoparChurch i 3 attracting considerable attention in the other provinces, and, it is probable that this exhibition infill be,the forerunner of one "on a Larger seal&. The Daily Southern Cross '(Auckland) nas devoted a'leading article to the subject, and Bfcrongly urges upon its readers** the advantage of having the Provincs of Auckland fully represented: at the Otago Exhibition, and suggests that an annual exhibition,should be held ra^the-diflereiit provinces iii rotation.. It isa geJierally r expressed opiaiori in the other provinces that?the tiaae^for' receiving contributions- is too siiofti'' if Sere is°no doubt that had the time been -extended,* the contributions would have'been more ■numerous/** --'^ - ■> * *

Mr Hepburn asked the question<pf jfche GoverntmeDfrlasti night, whether the Sydney Bteamer was only to come as far as Lyttelton'f^ Such, we are ab(.e;tq>say,is the amn#este»t; /Captain Hall, could, pot undertake for iheX&l^Mrier coming far&&t f buf theitfreaale %tfl4^ye iaaed^aftW , running to the Bluff in fiin!sl^4^Si& steamer at Lyttelton.{ntr<AmV«>w?*e^wi^pubiliah a time table^for the Vtfsurolj^iwelve^^n^Safiis .which has been JB|ward|^ v&fc^ra|&^

.. M Resident Magistrate's Court yesterday atf ass-aulf ca?», *Mifilda' Hubert o. John Hubert* was heard so far M the complainant's case was concerned. It .was/then; adjourned, on the urgent recommendation of Mr" Strode, with a 1 view to a general settlement between the parties On the suggestion of the professional gentlemen engaged, which was coincided iv by the Misstate/we abstain for the present from publUh" ing the evidence, as they exp -essed the opinion that the publication would prejudice the p-ob a bilities of a settlement. The case was adjourned :tp.S^tur^ay, yhen, if it be resumed, we will of course, publish the evidence" already taken" '

..We: learn froni the Nelson Colonist that the various gold -diggings in that Province continue to^ys'remunerative employment to a limited population., > At Collingwood the men are said to Be making good wages, and that aa extension of the gold,bearing, countryVhad been discovered but its great distance from the depots,, and the almost impracticable character of the road had causedi^e.^wminers.wlio Kad<proceeded there to retrace ; their steps. At. the Buller River, the mmers had, some of them, got the « Otago fever" ."^ %7 's&?. having their moderate, but certain,; earnings for* the.more tempting fields of Otago:;- It appears-now that the scarcity of p- ro--.y^^^^ii^lfj^dexisted to a very serious extent at the Buller some weeks ago, was somewhat exaggerated; and although the Europsan diggers were reduced to living .on Maori tare, such as shell-fish, eels, and a few-potatoes, they were not starving. A good supply of provisions had since arrived per jSTelsdn. ~ " '* "" ".

A curious fact, as affecting, foreign captains, transpired, at the Resident' Magistrate's Court yesterday. ...MrMfGregor/on.behalf of Captain Meric,of the Trench ship-St. Glair, applied for warrants against sis or fevsn seamen who haro deserted"; but Mr Strode said "he" had no power because the French Consul at Auckland had not complied with the law, and proclaimed in the Government Gazette .that the Act relating to merchant seamen, was in force, as regarded^ his countrymen. The only consul m New Zaaland (it was subsequently stated), who had taken the necessary steps, was the gentleman representing America. . . .

There™ ho.' "police sheet" laid before the Resident Magistrate yesterday, there being, i Q fact, no prisoner .whose, case' called for investigation. Such, a state of matters had not previously existed for more than two years ; but it is one which we would gladly see of frequent recurrence. - ...;. s The case of Smith v. Cleve and Others, was •disposed of at the Supreme Court yesterday, by the jury, after nearly an hour's consideration, finding a,verdict for the plaintiff, damages L 47 17s.'-I As was observed by His Honor, it is a great pity the time of so many should be taken up with such a small matter, and the case would have been/more speedily and satisfactorily settled by two professional gentlemen acting as "arbiters witha third as umpire, in the. event of their not agreeing. This would have saved no little trouble and expense, and even yet might not be unadvisable, instead of the defendants applying for a rule nisi. The case of Isaacs v. Luscombe, which was gone into next, hqd many points in common with the other, and His Honor recommended that it should be submitted to arbitration. Plaintiff, however, asked that the Court should-try it, and this being done, the -result was a non-suit. Mr Barton objected to a non-suit on the grounds stated, and asked it' to b^ recorded, so it is likely the case-willba .taken to the Court of Appaal. We understand that the new Town Board will holdits first meeting early in next week. The new Town Board is likely to have plenty of work, when it meets, in deciding appeals against the late assessment With reference to this subject, we would direct attentiDn to the letter signed X.8., which appears elsewhere, and to the suggestion therein contained,-that much time.and trouble will.be saved if appellants will take care that some member of the Board is per-sonally-acquainted with the nature of the property in respect of which the appeal is made. : We.would again call attention to the fact that the Chief Postmaster is inviting tenders for the conveyance of mails to the JDqnstan. We have been given to understand that, as yet, the Postmaster has no tenders for the service. *

It is officially notified elsewhere that Postoffice money-orders-will be Issued, on and after Ist January, 1863, for transmission of money between the several money-order offices in the colony, a list of which is published. For Otago thete are three offices of the kind,' Dunedin, Tuapeka, and Waitahuna. } ■[ . :

•A meeting of the Bakers' Association is to be heia this evening, at Moir's Hotel.

.• Tlie.meinbc'rs ofthe -Fire Brigade are to assemble this evening, at the' engine-house, in full uniformi - ' ''■'■'■'■ ■;^

By a notice, which appears elsewhere, it will bo seen.sat the fourth call on the'shares of the Dunedih Gas Company;will b?,dua oiKthe 26th instant.' ' ■ ■ ■■'-■•,>-•;• ■'.■' '■ ''

The performance at the Brincess Theatre last night, forthe beneflt of Mr Walter Sherwin, was attended by a very, numerous and respectable audience. The programme was entirely a new one, consisting'of the Operal of the Bohemian Girl, and the Burlesque of the Miller and his Men. In the Opera; Mr Sherwin took the part of Thaddeus, Madame Carandini that of Arline, Mr Small Devilshoof, and Mr George JFawcett Coqut. Arnheini. , Mr Sherwin never sang better than he did last night,: and we may espscially mention, in terms' of praise/ his rendering of "Then you'll remember, me,'', Jkladame Carandjiii was in good voieci: and in the recitatives, solos, and concerted pieces ; fully maintained her "character ias an artiste., Mr.- ,Smair niade a tolerably good BeYilshoof, arid Miss Emily; Wiseman certitinly surprised us as a ? vocalist, in the part ;pf the Gip3y ■ Qiieen. i v Ofc the general performance of-the operate cannot say much ; it was evident that.it had beeri got up hastily, and it i3,noxeprpacn on;th^ Company to say that they \rer3 very far froth being " up" iri; it. This, the most- Bea'utifuUof Balfe's bperasj depends so much on:theeffectiverendermg;"of^ the deUcious melouiesjffit^^h^h^i^ounds^^ musical?dijpal-fciiftetit; "is i'.'k sine qua^non of success! Last night the singing\ofvMAdame <3arandini and air Sherwin^loj^r^en^e^th^ performance from Kulure. ippwevejvtlie^Siencfe were in i\iiigre&tr company toxip, thembest^ Tiie instrumeufati rpart-of theopiera Vas given more:efifec"tively-than could have expected, and we must award praise to the really clever violin playing of-Mon's. Fieury,' abd' the -talented musician-like accompaniments of Mr Lqder on the pianoforte. The burlesque of,the." Miller and his Men" is one of those" rattling pieces which have told so well lately at .theatre; jMr George 1 Pawcett was as good as,ever-in his feminine character^ and the rest of the company filled their parts' t6 the "'satisfaction and amusement of the audience. ' '* - • *'' r^ * > <.!*i - *,■ -