THE Otago Daily Times. "Inveniam Vian aut facian." DUNEDIN, THURSDAY, MAY 28.

Otago Daily Times, Issue 2000, 28 May 1868, Page 4

THE Otago Daily Times. "Inveniam Vian aut facian." DUNEDIN, THURSDAY, MAY 28.

The case, A' Cameron againsfc The Daily " Times," has been finally settled by the proprietors making payment of the amount awarded as damages and costs. This being the position of the case, it docs not seem out of place to offer a few remarks upon it, in order to disabuse the minds of a portion of the public of what appears to ,be an erroneous view of our connection with tho matter. The Education Board of the Province is constituted by Provincial Ordinance, wliich requires that meetings of the Board shall bo convened by notice in the Gazette, and thafc they " shall be open to the " public." The public have, therefore, a right to know all the proceedings pf : the Board ; and if those who attend possess that right, those who aro absent have a right to know what takes place, through the medium of the Press. It has always been our aim to afford our readers as accurato and impartial accounts of public proceedings aa possible; and we can point with satisfaction to tho past files of our journaLin proof thafc this important duty has not been performed in a careless or desultory manner. In the exercise of this duty, wo published a report of -what took place at the Education Board, when Mr. Cameron's case came beforo them. It is needless to say, that wo had no personal feeling of any kind towards Mr. Cameron. No comments wero made in our columns,* nor was anything done wliich could be construed into an animus against him. We simply published, in the usual way, a report of tho proceedings, for the information of our readers, the fidelity of which report no ono has ever attempted to impugn. An action for damages, at tha instance of Mr Cameron, was raised againsfc the proprietors, for injury to his reputation through the report referred to, in which Judge Chapman ruled tbat the report being privileged, there were no good grounds for going to a Jury. His decision was set aside by the Appeal Court at Wellington, and tho case was allowed to go before a Jury for assessment of damages.

In aU this tho proprietors felt '.that they had no interest except on public grounds. If the libel had been the utterance of the Editor in the discharge of his duty, in commenting upon anything ho considered of importance to the public, then tho proprietors would havo been constrained to vindicate the Editorial remarks, and justify them in a Court of Law, if required. In tho present instance, tho question seemed to be one more connected with the good government of tho Province, than with the Daily Times. The question for consideration is, Was it for the interest of tho Province that tho proceedings of a public Board should be faithfully reported, or that an account should be given, tending to keep the public, who did nofc attend personally, in the dark concerning what took place 1 -It needs no reflection to decide that it is nofc for the publio inberest that imperfect accounts should bo given of tho doings of our officials. Impressed

with this idea, tho.proprietors addressed j tho following letter to His Honor the j Superintendent :— " Tho Directors of . "the Daily Times and Witness Com- " pany (Limited) desire to bring under j "your notice the action which is being "brought against the Company, on " account of the publication of tho " report of certain proceedings, which " took place at a meeting of the Education Board, on the 19th June, 1867. " It is alleged that ono of the members— "Mr Burns — uttered defamatory re- " marks, anfel that the paper is liable to an " action for libel for .publishing them. " There aro two distinct issues involved " in the case, under either of whicli it is " submitted tliat the action is one, the " responsibility of defending which should "be undertaken by the Government. "In the first place, ifc is virtually at- " tempted to invalidate the power of " the Provincial Council to declare thafc "the proceedings of the Education "Board should bo public, as the very " cssenco of publicity is the privilege of " reporting the proceedings. Mr Justice " Chapman ruled tliafc the paper was "privileged to make'the report. The " Appeal Court upset the decision j but " it is submitted thafc the point is of so " much importance in connection with the "powers of the Provincial Legislature, " and in respect to permitting, for the " future," thafc publicity of the proceedings " of the Education Board and tho Iload '' Board which seems necessary to theircon- " stitution, that the Provincial Government " should authorise an appeal to be made "against tho decision of the Appeal " Court. The difference between the " Education Board and the Executive "Government meetings, is simply that "the former are directed to bepuHic. " The Appeal Court virtually forbids " this, and it is for the Provincial Oro- " vcrnment to uphold, if it think fit, the "integrity of the powers sought to be " conferred by the Provincial Council. " It need scarcely be added that ifc would "not suit a private company to carry " Home such an appeal."

" In respect to tho second ibsuo I havo " referred to, the action, though brought " againßt tbe paper, is virtually brought " against the Provincial Government, on " account of a libel alleged to bo uttered " by ono of its members in the discharge "of bis duty. If Mr Burns had uttered "it in his private capacity, the paper " would have expected him to defend it. " It is a matter of custom, and I may " add, almost of honor, for private mdi"- --" viduals not to throw npon a newspaper " the onus of defending alleged lilwls, for " which they are personally responsible. " Tho very nature of such a defence, if " thrown upon the paper, would be " damaging to the individual, or, in this " case, to the Government ; inasmuch as "it would depend npon the paper not " disputing that a libel might have been " uttered, but tliafc ifc had inserted ifc in " good faith—in simple dependence upon " the individual or the Government, and " without malice against the person " affected. I have to submit to you " whether ifc is in. accordance with the " dignity of the Government to throw " npon a private undertaking the respon- " sibility of \ defending a libel alleged to " be uttered by ono of ite members in the " discharge of his duties ; and if not, to " ask yon to undertake tho responsibility, " and to direct what the line of defence "should be."

An answer was received to this letter, stating that tho Government had; resolved to hold the Company " harmless "in respect to the action pending on! " account of th<4 pubUcation by the "Daily Times of the proceedings of " the Education Board at a meeting " held on the 19th June hist; and "also to authorise an appeal to the " Privy Council, as suggested." At-the meeting of the Executive at which this resolution was come to, a member of the Government who was a shareholder did not, attend. It was also hoped that the important public principle involved in the case would be safe in the hands of a Jury. Ifc could nofc be anticipated, where thero was a total absenco of malice on the part of the paper, and where it is so manifestly to tho advantage of the public that a correct report of the proceedings of one of the governing bodies should be published, that anything but nominal damages would havo been given. Ifc is easy to see what danger must arise, if, either tlirough fear or favor, newspapers are kept from giving full accountsof public proceedings. There might be corruption on the one part, or terrorism on the other. To the surprise, we believe, of ninetcnths of the public, the jury brought in a verdict of L 250 damages.

For reasons Unexplained, tho Council refused to entertain a wise and statesmanlike message on the Bubject from His Honor the Superintendent, and the working of Provincial Ordinances is left in an anomalous position, onconsistent with the dignity and true interests of the Province. The obligation undertaken on fche part'of the Government to keep the paper harmless is at present suspended ; but it is bolioved that the Council, on having the case f uUy considered in all its bearing% will yet endorse with their approval the proceedings of their Executive, and prove their respect for good Government by protecting ©very paper which shall give a fair report of whatever tho Council has enacted shall bo made known to the public. The question is not one belonging to the DaUy Times individually, bufc affects every journal in the Colony; and it should not be allowed to rest until the point of law is either settled by m appeal

to tho ultimate Court for determining the law, or by Colonial legislation ill tho General Assembly.

In a recent English case, Ryalla c. Leader, the Homo Judges appear to have aside the question of privilege in reporting proceedings in Bankruptcy, and to have replaced it by a much sounder principlp, that of the right of the public, who are not present, to have an opportunity of knowing them through; the medium of the Press. Tho Lord Chief Baron said—" What a portion of tliepub- " lie have a right to hear, all who are not " present may have the opportunity of " knowing, through the medium of the " Press ; and so far from limiting this " right, we ought, in my opinion, to cx- " tend it as widely as possible." ; Mr Baron Bramwell said "Ifc is not a " pririkge, it is a bicht. It is a " misapplication of terms to call it a "privilege." Mr Baron Martin concurred, observing, "It seems to mo ab- " surd to be discussing, in fche year 1800, " tho law of libel upon the principles and " views which prevailed in such matters " in tho year 181 D."

If, then, our Provincial Ordinances confer a right on fcliat part of the public who attend tho Education and Road Board meetings to hear the proceedings, tlio puMic, who aro not present, have a right to know through tbe columns of tlio Press what takes placo. Bufc, apparently, tho Ordinances of. the Provincial Council are considered as of no authority, and as not conferring any rights. It is surely for tho Council to vindicate its own position and authority, or our Local Government is but a delusion and a snare. It will now be seen that tho Daily Times, in defending the action referred to, which could have been easily settled when the claim was made, has not been protecting its own interests, but rather thoso of the public, nnder tho sanction of the Provincial Executive ; and, it is to be hoped, that the true bearings of the case will now be more intelligently appreciated.

The now Executive is at length formed, and the Ministry have entered upon their duties. It would be hardly fair to treat them otherwise than tenderly in the outset of their career. Tlioro must be something exceedingly bewildering to o.ie to whom ofiice is new, and wliobo previous life has been paased in occupations of a widely different character, to bo called upon to'take the responsibility of official duties. The whole system must appear strange, and many of the details utterly incomprehensible. Wo cannot, therefore, avoid a tribute to tho courage evinced by Messrs Reid, Thomson, Huteheson, and Clark, in undertaking the task, in the face of the powerful opposition thoy will have to encounter. We were not surprised to find that Mr Reid, in tracing the outline of fche policy he intends to pursue, has retained, as much of what liad been left him by his predecessors aa lie could conveniently dovetail into his own, and showed a desire to do as little as possible until he has made himself familiar with tho surroundings of Ins new position. On one point only was ho explicit—the declaration of Hundreds. It forms a prominent feature in tbe commencement of liis speech, it is the key-stone of his financial policy, ifc crops out at various points in the courso of his statement, aad with it he brings ifc nearly to a close. Ifc is to be tho great panadeai for all the ills of the Province. Public Works are to he ignored: no .bridges, no additional means of communication, aro to bo constructed. Land-is to bo brought into fche market, and Mr Reid is sanguine enough to imagine that by that means alone, tho settlement of the country will be promoted. Beyond this declaration of what is to be done, the policy of the now Executive seems likely to be one of what may bo left undone. This must be considered equivalent to retrogression, for in public affairs tliere is no status4j[tu- : either tliere must be progress or loss of position. To an energetic population like that of Otago, such a policy cannot prove acceptable.

Ifc will bo seen from fche report of the Provincial Council yesterday, that Mr M'Dermid has tabled a vote of " Want of Confidence" in the present Government. It is rumored thafc tho motion is likely to be carried by a fair majority.

A number of the Salmon Ova at Mr George Duncan's mill, WaW of Leith, havo been safely hatched ; and the young fry have been since Sunday last in a lively state. We underataud that the success in this minor experiment ia likely to be altogether most satisfactory.

Tho farewell performances of the Nathan Troupe were, if possible, more successful than any previous ones. The entertainments were for the benefit of Mr S. G. Isaacs, and the Hall was crowded in every part. Tlie audience was as enthusiastic as it was numerous ; and many an older actress would have been proud to have received the applause given to little Marion and Miss Selina Nathan, for their really meritorious acting. In tho first piece, " Andy Blake," Little Marion played with a touching simplicity and naturalness. She seemed to feel the emotions she pourtrayed ; and there was so entire an absence of appearance of effort, that none could fail to be pleased In tho second piece, her racy brogue, smart action, and weU sustained dialogue, made her the "real girl from Tipperary;" fand her song was given with such a genuine humor,- -that; thel audience were, made to laugh in spite of themaclvesl The ballet, Which concluded the performances gave all the members of, the Troupe ea opportunity of displaying thefc

skill as dancers. The hornpipe, with which it ended, was ono of the best; executed we have seen. > In this piece, Mr Chambers wa3 very successful—-hia comic business, makeup, and dancing being perfect Tho Nathan Troupe have deservedly gained popularity here, and pleasant recollections of the genuine amusement they provided wiU linger in the minds of many.

To those who have seen tho burlesque ot " Paris," we would say that it will well bear seeing again, and we would advise those who have not seen it, not to lose tho opportunity. There is something in it to suit everybody, and tho "story of the apple" has never been more pleasantly told. Magnificent scenery, rich and appropriate dresses and costumes, clever mechanical effects and appointments, a smart dialogue, pointed speeches, telling puns, good songs, and grotesque dancing, excellent music, and earnest acting are all combined, and the piece is worthy any theatre. One telling point has nofc been sufficiently dwelt U{K)n in the notices wo have given. Miss IL Gordon sings admirably " I'll follow thee," in which the flute obligate of Mr Smith is played with an expression and effect rarely equalled. Thero are also tome very beautiful repetitions of passages by the flute and cornet-a-piaten, played with exquisite taste and fiuislt. In fact, fche music as arranged by M. Fleury for his very effective band, is equally deserving commendation with other parts of this excellently got up burlesque. It was played very successfully last night, and was preceded by the merry comedy of " Simpson and Co." Both tincomedy and burlesque arc to bo repeated this evening, and a really enjoyable entertainment may bo relied upon. We trust there will Iks a good house, and that tho liberality of tho management will bo appreciated.

The ceremony of laying thefonndation stone of the First Church of Otago, that was postponed on account of the wet weather, will take placo to-morrow, at noon. The tea meeting in the evening will tako placo at 6.30.

The Regatta Committee announce that it is intended to c irry out the advertised programme on Saturday. The All-comers' Sailing Race will start No. 2, and the Waterman's Sailuig Race No. tj.

Tho Oamaru. Thus gives the following account of a most extraordinary yield of agricultural produce :—" We aro informed by Mr Fcrrand, who last season had some 80 acres of land under crop near tho banks of the Kakanui, that his crop has averaged 70*) bushels of wheat per acre, and 00 bushels of onto. We do.not remember to havo seen this yield surpassed or even equalled."

The Smttlilaml Times gives an account of the drath of three men named Hayes, Bates, and Kerr, who left Riverton in an open lioat on tho 12th inst. Two of their bodies have been washed ashore and identified.

At Oarnara, on Monday, Her Majesty's Birthday was celebrated by a public holiday. The Times says,■ "In celebration of Her Majesty's Birthday, ifc was intended to hold a. scric3 of public games and amusements upon the Esplanade, but in consequence of the exceedingly nufavorablc weather, the programme was necessarily grea'ly broken through. At 12 noon, a salute of 21 guns was fired on the Esplanade, under tho superintendence of Sergeant Bullen, and after every seven rounds the Volunteers, who, despite tlio pouring rain,. turned out to the number of about 30, fired a round of the feu de jfAte very creditably. Had the day been fine, thero would havo been a parade of at least 50 rank and file, and it was intended that the fife and drum band should play the National Anthem. As the weather was so unfavorable, Captain Steward countermanded the order for a parade of the band, and the day was signalised only by the firing of a Royal Salute from guns taken from the wreck of the Water Nymph, and a. feu tlejok by tho Volunteers, after which thr<«3 hearty cheers were given foi* tho Queen. After fche ceremony was over, the members of No. 8 Company met at the Northern Aeacmbly Room, when tbe roU was called, and after the dismissal of the Company, the National Anthem was sung in excellent stylo, and three cheers for Her Majesty again given. The games advertised to tako place iv the afternoon were perforce postponed in consequence of the ram, aud the dinner announced to take place at the Northern Hotel was also postponed. Tho proceedings of the day were concluded by a bonfire, which threw its ruddy glare over tho Esplanade late in I the evening."

(BT ELECTRIC TELEGRAPH.)

(FEOM OUIt OWN COKKESPONDKNTS.) Bluff Haubor, Wednesday. By tho Claud Hamilton, later Melbaume news is to hand.

I Melbourne, May 2lsfc. j Wickers and Pritehard have been senj fenced to eight years' imprisonment, for | sacrilege ! Shires's trial is postponed to next session. Messrs Sladen, Fellowes, and Langton, have been returned without opposition. The remaining Ministerial elections are considered certain. The Loyal Liberal Association are ac* tive, but disunited. j The Opposition candidates are Crews against O1 Grady, Cock against Bayles, | Jones againsfc Gillies, Berry against Ker- j ford. ..; The Constitutional Association is I flourishing. Mr Higinbotham haa returned to the Bar, to practice The Age newspaper Is reduced to one penny. Stockowncr is dead. Tho Governor has recovered from his illness, aatLgone on a wait, to "-Mr Fellows, at (fncenscliff. The Rev. Mb 'Platte haa "been requested to resign by.hia parishioners, but refuses. St. Mary's Church, at Geelong, has been robbed. Sweeny, a miner from Now Zealand, lias been robbed of LSO ly card-sharpers. There are nuirierous cases of extreme destitution in t>,e city. The City Council has resolved to borrow LEO.OOO for public works. Tho MaA/or.lias recovered from his ness.-XoaP-g Victor, a Clydesdale entire, im-

ported per Lincoln, was landed in bad health, yesterday.

Mr Tipping, surveyor, recovered L6OO damages from tho Hobson's Bay Railway Company for injuries through a collision iv November last

Itis proposed to raise funds to erect a memorial in stone over Vincent's grave. For the Prince Alfred Hospital, the sums subscribed amount to LSOOO.

Vessels to sail: On the 22nd, Pilot, for Hokitika ; Alma, Australia, early, for Grey River; Highlander, 23rd inst.; General Rains (?), for Sydney. The Jockey Club investigation into the Barb's case is adjourned to' the lst June.

The Agricultural Society will hold a Wool Exhibition in January next.

Captain Bradford, of the American ship Crusader, was arrested for resisting the police while arresting a passenger on board the Gentoo, for San Fransisco.

Private advices stato that the new Governor of Queensland leaves England in May. Tho judgment of the .Supremo Court has been reserved in M'Pherson's case.

Donald M'lntyre's station, near Biilranald, has been stuck-up, and four rac o horses stolen.

Sydney. Tlio decrease in tho Customs during tho lasfc four months amounted to L 14.000. Mr James, Solicitor, charged with perjury, has been acquitted. The Honorablo E. Cox is dead. Tho Prince Alfred Hospital fund exceeds Ll(5,000. An Australian Association h.os beon formed. The Wool sales aro brisker.

Adelaide. Tho Coorong, steamer, broke tho connecting rod of her engine on leaving the port, and put 1 ack. Madame Anna Bishop is drawing crowded houses. An alteration is proposed to bo made in the Insolvent Act. Captain Duff, who was associated with tho early history of Adelaide, is dead. Tho value of cereals exported during the past four months was 1/200,000. Sheep aro fetching from 6a to 0s a head. •