The Otago Daily Times. MONDAY, JANUARY 29, 1877.

Otago Daily Times, Issue 4664, 29 January 1877, Page 2

The Otago Daily Times. MONDAY, JANUARY 29, 1877.

; "VfE are indebted to our Melbourne correspondent for introducing us to a new;phase of the liquor question/ The publicans of Melbourne have agreed among themselves to conform to the law prohibiting Sunday trading. In Melbcurnej as in Dunedin, the rules and regulations on this point have been habitually^broken with a 'sublime audacity which, is charming. :The Melbourne publicans have come to the conclusion that if the Legislature is foolish enough to pass laws out of deference to the Sabbatarian outcry, they (the publicans) will obey the law^ and refuse to supply drink on the Sunday; and they are confident of the consequence, viz., that the law will be repealed. Further than this—and it is a singular criticism on the inefficacy of laws which do not carry public opinion with them — they have determined to watch each other, to make sure that the law is really carried out. We need hardly point out that this is not complimentary to the success of the Police. It is like swearing in special constables on the occasion of an exceptional popular riot when the ordinary means of preserving the peace are likely to be found insufficient. From our experience of the law supposed .to regulate Sunday traffic in Dunedin, we should be inclined to say that, without some such co-operation on the part of the vendors of drink, the execution of the law is impossible. Drink is sold here habitually and almost openly in defiance of the law at all times on the Sunday, and the Police content themselves with every now and then pouncing on some one unfortunate to whom their attention has been specially attracted. It is as against this same usage that the Melbourne publicans set their faces. They say in effect that they will have no more of this kind of half-and-half compliance with the law. Either it shall be wholly observed or not. Either the public shall have.no drink on Sunday, or they shall have it with tho sanction of the law. The curious part of tho thing is that they have come to this conclusion in the full belief that it will end in having the law itself altered. Need we point out the immense amount of hypocrisy and sham which such a conclusion assumes. It is as much as to say, You, our legislators, were not at all in earnest in passing your law regulating Sunday trading. All that you wanted was to please some exigeant people who liked to see things decently managed. If their conclusions are correct, it will supply one more argument to show the absurdity of attempting to make men moral by Act of Parliament. Mere shame will probably prevent ...the Legislature from going back from its previous position in a hurry. Some time at any rate will probably elapse before the law is changed. Possibly the conclusions of the publicans may turn out to be ill founded. However this may be, the very resolve is a curious fact in itself. It shows, at any rate, very plainly how the publicans regard the honesty of purpose of those who have made the law under which they and tbe public suffer. Moreover, it is a very singular commentary on the truth, to which we have often drawn attention, viz., that legislation on the liquor traffic is, in reality, the most superficial treatment of the evil of intemperance. As the whole essence of the question has been well put of late, if public opinion is adverse to the law restricting sale it will be inoperative. We may take it for granted, that if the public, who are the real offenders against what some people think the proper thinjr, are determined to have drink on Sunday or week days, they will in the long run get it. At the present time in Dunedin, the law is broken with weekly regularity, and the Police are absolutely powerless to hinder it. The publicans themselves might do so, and perhaps they will

follow the example of their Melbourne friends. The Police cannot. All that laws and their administrators can do is to make the breakers despise the law they break. This lias been successfully accomplished here and in Melbourne. So long as there is an extensive demand on the part of the public for beer or whisky on Sunday, all the Acts of the Assembly will not prevent the man who has it to sell and the man who wants it to drink coming together. The most that the law can do is to bring itself into disrepute by attempting to perform functions for which it is unfitted,, and occasionally inflict a penalty pn those who are stupid enough to be found out. We congratulate the Melbourne publicans on their original and highly diverting method of exposing the folly of attempting to make men religious by Act of Parliament. A pew days ago we mentioned that the Eating Act contained a clause by which the owners of properties let for a shorter term than six months were made primarily liable for the rates. Since then, the idea has spread abroad that the effect of this provision will be to disfranchise a large number of persons whose names are now upon the Citizens' Rol of Dunedin. At first sight,, the wording of the clause (No. 9) would appear to favour this interpretation. It reads thus—"Where any property is let for any term of less than six months, the owner shall be deemed to be the occupier, and. shall be primarily liable for the rates, and his name shall be ! entered in the column of occupiers in the Valuation List." If the clause stood alone, it would doubtless shut the weekly, monthly, or quarterly tenant, even if he1 paid the rates, off the Citizens' Roll altogether ; but before assuming that the Legislature contemplated such a wholesale disfranchisement of ratepayers, it is advisable to examine the context of the Act, and by doing so, it will be found that the present clause is but one of several intended to facilitate the recovery of rates by the local ,body. There is not a word in the statute tb: justify the inference ! that it was proposed by a side wind to. effect a complete subversion of existing municipal franchises. The Rating Act is purely a machinery one ; and it would ibe very rash to conclude that a chance expression of perhaps too general a nature was capable of converting it into an im- ; portant political engine. The argument that the operation of clause 9 will result in the exclusion of tenants for less than six months from the Citizens' Roll, means that the Rating Act impliedly repeals a fundamental part of of the Ordinance by which Dunedin was constituted a Corporation ; for since the essence of that Ordinance is that the inhabitants of the city shall govern themselves through the medium of elected officers, it is obviously of primary importance in whose hands the franchise rests. Moreover, under that. Ordinance, enrolment is an essential. qualification for an elective office; so .that if the contention now urged were ■, sound, any person who was unfortunate enough to be a quarterly instead of a halfi yearly tenant would for that reason be incapable of a seat.in the City Council. ,An attentive reading of the clause will, however, show that, even if taken, by itselfj it leaves ~the present,! franchise unaffected;, It declares that under certain circumstances the owner shall -be primarily liable for theratesy and that his name shall be entered in the Valuation List. It does not, however, prohibit the name of the occupier also being entered, if he be actually the ratepayer.' The Corporation looks to the owner in the first instance, and his name is therefore recorded; but in the absence of special words to that effect, it cannot debar the tenant who pays the rates from exercising his right under the Municipal Corporations Ordinance of having his name placed on the Citizens' Roll. Nor would any complications thereby arise on the polling day, because the payment of rates is a sine qua non before a vote can be exercised, and duplicate payments for improper purposes could eaaily be prevented. The clause is certainly a badly worded one, but we cordially recommend tenants to claim the right to have their names placed on the r 11 as usual. Thisday, Monday, 29th inafc., Sunday hours will be observed at all stations wifchiu the Province of Auckland. The name of the unfortunate woman whose remains were recently found at Lawyer's Head is Anne Lourie. She was known to the Police. The inquest has been adjourned till noon to-day. At Moßgiel, on Saturday afternoon, a little girl aged five years accidentally met her death. It: appears that she and her father were riding a horse'together ; that he dismounted to open a gate, and that the little creature immediately afterwards fell off the horse, which trod upon her so severely that she died from the injuries thereby sustained. An inquest will probably be held. ■'.•', The stormy weather interfered with the intended excursion of the Field Club on Saturday afternoon. Instead of tackling the : ascent of Signal Hill, tlie parly turned into the Town Belt, off JDumlas street, and worked their way over to the Botanic Gardens, and thence to the other section of the Belt up to Woodhaugh, returning by Duke street. A good many interesting and beautiful plants were gathered on the way, and the party spent a very pleasaat time indeed, notwithstanding the weather. The postponed trip will come off on Saturday first, meeting at the same place and time. Before the recent departure of Mr David Levy for Napier, he was presented with a gold albert and locket, bearing the following inscription :—"Presented to Mr David Levy by hiß fellow employes in the establishment of Messrs P. Hayman and Co., as a token of their esteem, on his departure for Napier. January 24tb, 1877." His son, Mr Alfred Levy, was also presented with a gold pencilcaße by his fellow cadets in : the same establishment. The usual complimentary speeches were made on the occasion, Mr H. S. Jones officiating on behalf of the employes. There was another brief sitting of the City Police Court on Saturday. Charles Lewis, charged with deserting his wife Margaret and four children, was dismissed, Inspector Mallard stating that the complainant had been lying beastly drunk in a house in Stafford street, and the information wa3 drawn up by her. The case of Thomas Jackson, who was charged with deserting his wife Rose, was adjourned till this morning. We have been requested to remind our readers that the annual meeting of tho members of the Dunedin Athenaeum and Mechanics' Institute >ull take place this evening. The following prisoners were received into the Dunedin Gaol on Saturday evening : — Patrick Watt, an old offender, convicted at last sessions oE the District Court, Oainaiu, |of robbery, and sentenced to three years' penal servitude. James Allen, convicted at the same sessions, of maliciously iujuriug property, and sentenced to threa calendar months' hard labour. The railway employes celebrated their annual picnic at Waihola on Saturday, but the cold and showery weather prevented anything like a highly enjoyable oi.ting. There were special trains from Dunedin and Ealclutha to Waihola, and, including a large number of friends and children, there could scarcely have been less than 1000 persons in attendance. There are over 700 employes on the Dunedin, Southland, and Oamaru

Railways. The Artillery Band assisted materially so enliven the proceedings. The long train, including 18 carriages literally packed, started from Waihola at a quarter past 6 p.m. and arrived at the Dunedin Station shortly after 8 o'clocl.. The following were the principal sports :—Open Race : •Armstrong, 1; Grait, 2. 100 Yards: Rhodes, 1; Miller, 2 ; Barras, 3. Railway Handicap (first heat): Baker,.l; Rhodes, 2j Barras, 3. Half Mile Race (for men on the j peimanent way) : M'Leod, 1; O'Hara, 2; | Teague, 3. 220 Yards' Race: Baker, 1; Rhodes, 2; Buck, 3. The Rev. J. Jones officiated at St. Matthew's Church, yesterday, and there was choral service in the evening. On the Bth of December last the Southland Times published a paragraph, charging Mr Stout with having accepted a retainer from Mr M'Caiighan in a case in which he had, up to the time of the coming into operation of the Abolition Act, acted for the Waßte Lands Board of Southland in his official oapacity as Provincial Solicitor. Notice of action having been given by Mr Stout, the Times made the fullest inquiry into the matter, and the result is, as stated in that journal, that " the charge has not the very slightest foundation in fact." A letter, just received from Tasmania states that the mines of gold, tin, iron, &c., are attracting a labouring population. On the Launceston Corporation works 8s 6d per day U given, and at the slate quarries Is 6d per hour. The New Native Youth Gold Mining Company has turned out a first-rate speculation. The shares, which were purchased at 53, are now worth £37. . The roast beef of Old England roally in the Color''es is something to take note of, and the Melbourne Age of the 9th inst. truly remarks when it says:—"Not the least interesting import by the Nemesis (s.), is a piece of beef, weighing about 501b5., which has> by means of a simple application of ice, and a careful; attention to surrounding details, been kept in a perfectly fresh condition since its shipment in London, 56 days agO." ""_■'■ , .'•. ■ ■':'.'I ,',\.; •' ... :.-'; : The ram fair at Christchurch /will be held on Thursday, the 15th March next, and the ewe fair on the day following. The Victorian Crown law officers are ap- i parently determined to discover whether the public revenue has been defrauded by the firm of Stevens and Sons or not, and have applied to a Judge in Chambers for leave to examine the employes of Messrs Dent and Co., Messrs Morley and Co., and other large houses couducting business in various partß of Europe. ■ The annual examination of adult teachers was commenced at the Normal School, Christchurch, on the 23rd. There were 82 candidates. The English papers contain the account of a divorce action, G'larson v. Clarson, the ■parties concerned in which are well known [in Melbourne, more particularly in connection with an action in the Supreme Court against a well-known medical practitioner. Mr James Pollard, carver, of Melbourne, has discovered a method of raising photographic pictures in the form and character of medallions. He has obtained a patent. In response to the expressed desire of many playgoers, tbe lessee of the Princesß Theatre has announced the production of Knowles's play of the "Hunchback" for toI morrow evening, with a combination cast, in which Mrs Scott-Siddons' and Mrs George Darrell will appear respectively as Julia and Helen. Mr George Darrell will play Modus, and Mr J. B. Steele Master Walter, and as the piece will be presented for one night only, the house will doubtless be crowded to witness its representation. i " Pra Diavolo " was repeated by the Lydia Howarde Troupe on Saturday night, and was well received by a numerous audience^ Mdlle. Franzini went through some marvellous performances on the bicycle, and the • entertainment was brought to a close with the farce of " The Limerick Boy." To-night there will be a complimentary benefit performance for two deserving and popular members of the Troupe—Miss Jenny Nye and Miss Nav&ro—and a very good programme is announced for the occasion, The first item is a new burlesque called "The Butterfly and the Spanish Lady;" to be followed by a concert, a sparkling comedietta, and other attractions. Messrs Baker and Farron, two artistes who are spoken of in the very highest terms by the Adelaide, Sydney, and Melbourne press, will make their debut at the Queen's Theatre to-morrow evening, in a drama entitled, " Conrad and Lizette." The Sydney Evening Newe says of their performance in this piece on the first evening:—"The piece is by no means badly constructed, and contains a series of striking situations, each act ' culminating in a tableau. As everybody will probably see the piece, it is only necessary to say that the new stars decidedly eclipse anyone in the same particular line of business who has preceded them. The house was full to repletion, and the audience were kept in a state of wild excitement throughout, and frequently interrupted the performance by their demonstrative applause. The stars were called and recalled and certainly deserved the honour. It.is impossible to conceive two men on the stage being soexcruciatingly fnnny, and their humour is of a class that gives the highest. possible amount of enjoyment without offending in the slightest." . ; The Rev. W. Kelly, S.J., will deliver a lecture at the Temperance Hall this evening, , the subject being Paris : the battles, seiges, aud fortunes that she has passed.