THE OAMARU DISTRICT

Otago Daily Times, Issue 24449, 7 November 1940, Page 14

THE OAMARU DISTRICT

Otago and Provincial Section

RESERVED DECISION CONTRACTORS’ -DISPUTE PART CLAIM ALLOWED Mr H. W. Bundle, S.M., gave lus reserved decision at the Oamaru Magistrate's Court yesceruay morning 111 me aetended cialm ot, aulin Mulligan ana tsons, Bid., contractors, Oainaru, against f. S. Hanger, contractor. Anderson's Bay, Dunedin, lor £4a ids Ud Tor the supply and delivery ot 153 cubic yards ot gravel and sb cubic yards ot sand Mi Bundle struck out £l7 tbs from tlie claim, and gave judgment tor the plaintiff company xor £25 ivs 6d, including £2l 14s paid into court. With costs t£2; and solicitor's tee (£2 Is;. Mr A, rt, fait appeared for the plaintiff and Mr G. B P Wilson (Dunedin) tor the defendant, In his judgment, Mr Bundle suted dial at’ the outset he had to say that the arrangements made between the parties were of an extremely happy-go-iucky nature, Usually when goods were supplied in the course ot a contract a docket was given ana a' receipt received, out this was not done. It was unsatisfactory when material was so supplied that the court was asked to determine the mattei without any documentary evidence at all Mulligan, jun., said he made a mark In a notebook of each load, but the book was not available, and the lorry used for the main supply Was also not available to have the measurements checked. He was quite satisfied with the honesty of both plaintiff and defendant, Both gave thenevidence very fairly and honestly. The position was that the defendant had definite concreting to do at the Hampden bridge, and the agreed quantity of concrete used on the job was 184 yards, which required 156 yards of gravel and 90 yards of sand. He had 12 yards oi gravel from a previous Job, and obtained from Hope 12 yards of gravel and 27 yards of sand. Mr Bundle said he was satisfied the defendant was quite honest in his opinion that the quantity alleged to have been supplied was not In fact supplied. Unless the Public Works Department had made some material error or tile defendant had made some material error, then the quantity of material could not have been supplied Considering all the circumstances—and both plaintiff and defendant had been careless—he had come to a decision which was, and must be, a rough-and-ready method of adjusting the matter between the parties. Mr Bundle gave judgment as already stated under the equity and good conscience clause.

BRIGHT ENTERTAINMENT WAITAKI BOYS’ HIGH SCHOOL ANNUAL CONCERT The annual concert of the Wattaki Boys' High School are noted for their bright entertainment, and last night’s performance in the Opera House was easily one of the best yet given by the boys. From the rise to the fall ot the curtain, the whole show was first class, and it was plainly evident that masters and boys had devoted a great deal of thought and time in attaining such a high standard The programme commenced with songs by the boys, " Lords of the Air ” and “ There’ll Always be an England,” with band and orchestral accompaniment, followed by the number, “The Valiant Knight” (Woodhouse), by the school orchestra, which is one of the best school orchestras heard for many years The humorous narrative, “ How I Won the War,” and the " Marionettes,” a novel and artistic puppet theatre, were certainly entertaining and tound much favour with the audience, as did also a team of boys in a skating number ’’ Bagpipes,” with band accompaniment, contributed ' Balmoral Castle ” and ” Deil among the Tailors,” and the School Band gave an excellent performance in the selection ’’ Veronica.” Very interesting numbers were provided by the junior boys in the songs “ Drink to Me only with Thine Eyes,” “ Loch Lomond ’’ and "All Through the Night,’ in which the string obbligato and solos provided by two violins, cello and piano at times had the main themes, the choir weaving descant themes into the songs. A short play completed the first half of the programme, ” The Purple Bedroom ” (Eden ’Philpotts), portraying a scene in a haunted chamber at Roborough Castle The stage setting and costumes were excellent, and'the youthful actors gripped the audience and plaved their parts verv well indeed. The second half comprised the comic opera in two acts, “ The Missing Heir' or "Marcella Waives the Rules.” The scene is set outside Bulbus’s villa at Cumae. During the ” misrule ’’ of the Saturnalian festival It is the Roman custom to elect a slave, who for that period assumes the role of master ox the house. In the household of Consul Bulbus the lot. falls on the slave Rex The scene of rejoicing which follows is interrupted by (he arrival of the King of Cappadocia, and the subsequent entanglements are delightfully amusing Bulbus, one of the main roles, gave an outstanding performance, and Rex and Marcella sang some exceedingly beautiful duets, and provided some o f sweetest singing of the evening. Sibyl and Sobrina provided the humorous parts, and the curtain fell on the usual happy ending, which left the audience in a ha The performance, the proceeds ot which <*o to the patriotic funds, will be repeated at the Opera House to-night.

“ DISPUTED PASSAGE ” MAJESTIC THEATRE’S ATTRACTION In “ Disputed Pasage," the drama which heads the current bill at the Majjestic Theatre, Akim Tamiroff is seen as Dr “ Tubby ” Forster, and is responsible for another brilliant portrayal of the kind that has placed him to the forefront of character players. Beautiful Dorothy Lamour has the feminine lead, while John Howard makes a success of his biggest part to date. Judith Barrett, Victor Varconi. William Collier, and Keys Luke are also prominent. The story, tells how Forster, a great doctor, chooses a young medical student, Beaven (Howard), as nis most likely successor. Their hatred of each other is mutual and bitter, and finally Beaven falls in love with one of his patients (Miss Lamour). The scene moves to war-torn China, and the story of mental conflict and devotion to an ideal is worked out against a dramatic background, culminating in a gripping sequence in which the young doctor is dangerously injured, but is saved by the man who hated him, but loved him. i “ Dad Rudd, M.P.”—The riotous Cinesound film, “ Dad Rudd, M.P.,” commences on Saturday at the Majestic Theatre with its typical breezy “Aussie “ humour. One of the best of the Dad and Dave series to date, the film, as the title indicates, tells the story ot the famous hayseed character going in for politics in a big way, while his son, Dave, never noted for his polished manners, tries to crash into society at the same time. The result can safely be left to the imagination. Bewhiskered Dad Rudd is, of course, played by the veteran Bert Bailey, and he stalks his way through the action with all ths verve and majesty of his previous performances, The role of Dave is handled capably by Fred McDonald, while no fault can be found with the remainder of the cast. NORTH OTAGO SPORTS NEWS OF THE WEEK Rowing The Oamaru Boating Club’s oflic.ial opening day will be held on Saturday next at 2.30 p.ni; For the past month, tile club has been conducting a "Learn-to-Row ” campaign, and as a result, the members’ list has grown considerably in strength. It Is the Intention of the club to commence a ladles’ section and, already, some have shown keenness and promise./ Athletics: Secondary Schools' Championships.—North Otago athletes were pleased to note the success attained by representatives of Waitaki and St, Kevin’s at the annual Otago and Southland Secondary Schools' Championships, the former school retaining the Senior Shield, and acting as runners-up in the intermediate division, whilst St. Kevin’s gained third place in the Intermediate Shield The most brilliant individual effori was that of C. C. Steel, in not only winning both senior sprints, but also in lowering the record previously held by J. Sutherland, who has since then annexed a national title. G. Harper’s leap of sft in the Intermediate High Jump was a particularly fine effort, and gives promise of better things In the future. B, Baton cleared sft 4in in the Senior High Jump, but lias never yet given in this event quite the improved performances expected of him Much stricter attention to training and a good deal more concentration on this event would see him compete in the best New Zealand company. Many promising young athletes appear to lack the necessary ambition and enthusiasm required to carry them to higher honours, and it is a matter that requires a remedy if New. Zealand is to make her mark and improve her position not only in amateur athletics, but in many other forms of sport. Real success in athletics cannot be won without constant hard work infinite patience, and the secrifice of various forms of amusement; but most champions are prepared to admit, not only that the success itself is worth all the trouble, but that they have gained physical benefits that they would not otherwise have obtained. THE AIR FORCE BAND VISIT TO WAITAKI BOYS’ HIGH SCHOOL Yesterday morning the members of the Royal New Zealand Air Force Band visited the Waitaki Boys’ High School. The Mayor of Oamaru (Mr L. J. K. Familtonj extended a welcome to the band on behalf of the school, and Flight-lieutenant H. Gladstone Hill replied. In the Hall of Memories the band rendered the hymn “Abide with Me ” and the Maori number ” Waiata Poi.” A most impressive marching display was given on the cricket ground, the band playing the march ’’ My Regiment.” the slow march rendition of ” Waiata Pol.” and the quick march ” Sussex by (he Sea.” In all, the exhibition was a wonderful treat, and the memory of such a brilliant display will linger on for a long time. Just before the band left the hall the boys sang a number for the band The Gardens Recital As a result of the collection taken at the Gardens recital, the sum of £35 15s was realised.

MANCHESTER UNITY LOYAL STAR OR THE NORTH LODGE ELEVENTH ANNIVERSARY N.G. Sis. C. Sherwin presided over a good attendance of officers, members, and visitors from the Loyal Oamaru Lodge at the eleventh anniversary of the Loyal Star of the North Lodge on Monday night. After the routine business had been dealt with the lodge was adjourned, and visitors from other lodges and friends were admitted to the entertainment provided by the sisters. A bright programme, was presented, items being contributed by Sis. N. Johnston (pianoforte solo), Sisters J. Woods, N. Peacock, and E. Addison (Hawaiian trio), Sis. L. Simpson and Mrs Whittaker (banjo duets). Sis. N. Peacock (recitations), ’ Sisters J. . Woods and K. Shirkey (duets), and two plays. Sis. N. Johnston was the accompanist, whilst Bro. B. Allan was acompanist for a community sing led by Sis. C. Sherwin. At the conclusion of the concert, supper was served, after which a dance brought the evening to a close. Bro. I. Sherwin was M.C. SHIPPING ACTIVITIES PORT OF OAMARU High Water.—November 7; 9.0 a.m. and 9.26 p.m. Coastal Movements The Waipiata, from Auckland, is due here on'Friday to discharge and load out for Wellington and Auckland, via Timaru and Lyttelton. The Karu will load about Monday, No-, vember 18, for Wellington, Nelson, and New Plymouth, via Timaru and Lyttelton. The Wainui will load on Wednesday, November'l3, for Wellington, Napier, and Gisborne, via ports. ALLEGED INDECENT ASSAULT ACCUSED REMANDED A man, aged 29. years, who was arrested in Oamaru yesterday, appeared before Mill. W. Bundle, S.M., at the Oamaru Magistrate’s- Court yesterday afternoon, and was charged with indecently assaulting another male. Detective Sergeant G. Taylor appeared for the police, and Mr Andrew Hamilton for the accused. By consent the .accused was remanded until Tuesday, November 19, bail being allowed in self £IOO and one surety of £IOO, conditionally on the accused reporting daily to the police. The magistrate prohibited publication of the name in the meantime until the facts were before the court. ANNUAL SHOW ENTRIES NOW DUE Entries for the North Otago Agricultural and Pastoral Association’s annual show,, which is to be held on Saturday, November 23,' have been coming in steadily during the week, and from present Indications there will be quite a number of new exhibitors to North Otago. Entries should be made with the secretary as soon as possible, as the catalogue will close early in (he coming week.

PRESENTATION TO SOLDIER A : . ——• PRIVATE J. WARDELL A farewell social and presentation was given by the Athletic Football Club to Private J. Warden, who is on leave from camp, on Tuesday night. The presentation was made by Mr D. Burns (president), who referred to Private Warden’s many good qualities, his remarks being supported by Messrs R. Turvey (club captain) and E. Collins (junior captain). Private Wardell suitably acknowledged the presentation and good wishes from his fellow footballers. ITEMS OF INTEREST IN AND ABOUT TOWN Civil Claims.— Judgment was given lor the plaintiffs in the following civil claims heard before Mr H. W. Bundle, S.M., at the Oamaru Magistrate’s Court yesterday morning:—D, A. Small and W. K. Sumpter v. Arthur Stephens, balance Is 3d and costs (£1 7s); Dewar and McKenzie,'Ltd., v. V. Fraser. £2 and costs (£1 3s 6d). PERSONAL The Rev. Dr H. O’Neill, St. Kevin's College, is visiting Reefton to attend the golden jubilee celebrations of the Sisters of Mercy. Visitors to the Town New Club Hotel.—Mr W. P. McArthur Mr and Mrs’W. F. McDowell (Auckland). Mr and Mrs M Dixon (Wellington), Mr H. R. Parr (Christchurch), Mr J. Wichall, Mr J. R. Moore, Mr R. Brough, Dr T McKibbin (Dunedin). Queen’s Hotel.—Mr and Mrs W. C. Qrensell (Hastings), Mr A. W. Stevens (Wellington), Mr W, Taylor (Christchurch), Mrs M. Mcllbarton (Methven), Mr R. Watkins, Mr W. Gunnyon. Mr W. Puddy. Mr Lange (Dunedin).