LOCAL & GENERAL.

Otago Witness, Issue 2403, 22 March 1900, Page 48

LOCAL & GENERAL.

The queitio;is arising upon the petitions in connection vith the licensing polls are of erj j general interc-l, but the facts, the law, and j the ]jropee'lings connected therewith are so complioatt-d that it is by no means an easy matter to explain what is being done or attempted. The Oamaru petition was promoted in the interests oi those opposed to reduction, the object being to get the poll declared void, i so tLat the vole for reduction would take , Effect. Ths petition came before Major Kcd- ( dell, and the solicitor for tfie petitioners j argued that the returning officer must personally count all the votaj, and that hi? failure to do so amounted to an irregularity, in ' consequence of which ths court should Fet j aside the poll. This view was adopted by tho j presiding magistrate, who declared the poll J void. The fame question aroie before Ms Stratford in the Eruce licei^ing cape, in which the Prohibition party (the petitioners) moved in order to hav"e reduction declared carried. In the Bruce ease, it was argued i for the petitioners that tho counting by the ■ deputies was in order, but that the deputies ] had made mistake?. Mr Stratfoid, however, j followed the previous decision, r.ii'l held that ! it was the duty of the returning officer personally to court all the vote?, and he ordered a re count of the votes to be made by the re- ( turning office. perponaUy. The point came , up again in an argument before Mr ■ Justice Williams on Ihursdey upon a motion made on ' belief of the licens- \ ing party to prohibit Mr Stratford frpm proceeding on his judgment. Mr Sim •then argued foi the petitioner thai the proper aourse was for the deputy returning officers i to count the votes in every branch polling

booth, and that the returning officer should add together the totals supplied to him and announce the result. Mr Adams, for tho other fide, admitted that he could not contend that the magistrate was right, but pointed out that the reason for the magistrate's deci&ion was that section 8 of ' The Alcoholic Liquor Sale Control Act, 1c95." provided as follows: — "The returning officer &I<all count the voles, and shall ael aside all informal veto?!, and if he finds," etc. ; while in the act of 1393, section 13 ; which had been repealed by the latter act, the language used was, " If, on counting the votes, the returning officer finds," e(e. As the Legislature had altered the language used, the magistrate held that it wa<= intended to alter the method of counting, and so came to the conclusion that fie returning officer was not entitled to act through deputies. During the emu to of the niguinonl, his Honor Mr Justice Williams c ?id it was impossible to hold tiiot tha returning officer was bound to co.int ths -voles pcr:?ciu>]iy, as he roust follow the pi-rc-rlure laid dov.u in " The Kleetow;! Act, IT9J," which liotinctly provided i'lab deL-utie-i hhould co".nt (he vote 6-.6 -'. Upon 'he other questions "iieciii.;> the Magistrate's ov.kytjjn the Bruce election ca«o, as has been prcSstsn->ly meatlojicd, judgment was l eberved.

A' a sitting- of t'--e Supr^rao Comi in Chambers on iVlday, in addition to the .rclinary Chamber business, tv. o appeal ca^ss came before lil=> Honor Mr Justice William?. In otio of thesa (he conviction of Charles Banwell, who had been jse itenr cd to three mortis' imjirijOiiment upon a charge of receniug stolen property, ™ns qva«hed. It will i>e rempmbeiyJ. that the accused was ehaiged with the mi ran offence upon precisely similar evidej.-ee at the Supreme Court, and that two ■juricj on the facts brought in verdicts of atquittal. Under the circumstances Mr Fraeer. who an-

peared for the Crown, elected to offer no e\idence, and his Honor, who mentioned tbat he approved of the course compel for tho Crown had taken, qua-shed the conviction. Mr Hanlon, who represented the appellant, urged that at least di^bur»ement& should be allowed the appellant, as he had been put to expense in the way of fees in order to obtain justice ; but his Honor, though admitting that hardship might be inflicted, did not deem it right to deport from the rule of not allowing costs against the Crown. Another case thnt was heard was an appeal from the decision of the magistrate at Oamavu in the case of Tait v. Sullivan, and in this case the decision of the magistrate was maintained, the appeal being dismissed.

As an excuse for the non-appearance in the Magistrate's Court on Friday of a defendant who had been served with .j judgment summons, it was stated that he was at present on his honejonoon. It was suggested that a honeymoon was a sufficiently pressing matter to account for a person's non-attendance to such prosaic matters as judgment summonses, but an unsentimental lawyer was obdurate, and demanded an order by default. The order was accordingly made, and the happy pair's period of ecstatic bliss has thus been clouded by the possibility of the bridegroom being provided with single lodgings at the expense of the State. In another judgment summons' case plaintiff sought an order against a defendant for the recovery of a debt for board and lodgings. The former staled that, instead of paying what he owed, defendant went off and got married. An additional grievance was attached to tho mattei-, inasmuch as defendant was a most particular boarder. He would complain if the pattern of his tea cup was not in accord with his sense of the a?nthotic, and n his robe de rmit was not tastefully folded and laid upon his pilloM'. Defendant denied possessing any such delicate ta^te, and eaid that his wife provided the cash needful for their marriage. His Worship though* that one of the needful things had been overlooked — namely, the liquidation of defendant's debts, and made an order calculated to rectify the oversight.

We recently received a letter from '" Pakeha " drawing attention to the fact that the Maoris at Otago Heads had not been supplied with water tanks by the Government, as was the case with Natives at other kaiks. The letter also drew attention to the difficulties under which the Maori families at the Heads laboured in procuring medical advice or asfcistance. We brought the matter under the notice of the Hon. John M'Kenzie, who was then in Dunedin, and he kindly undertook to bring it before the Native Minister. This he ha' 3 done, and we have now received the following communication from the Undersecretary of the Justice department: — "At the request of the Hon. John M'Senzie, I Leg to state for your information^ that the water tanks which the Government has undertaken to provide for the Natives at Otago Heads, if not already supplied, will be supplied in a few days ; also, that tho Government is endeavouring to make arrangements with a medical man to attend the Natives when required." Those who take an intercut in the Natives will be pleased to loam that arrangements are being made for the services of a medical man when required.

The lahlct, ref coring to the proposed visit of the Queen to Ireland, pays: — "The Iri?h respect for the virtuous ruler of the Empire has in no way diminished since the days of 1835, 1849, and 1661. And from her 'irlsh subject.; the Queen- Kmpress may expect the genuine Trish cead milo fniltc— ten thousand hearty welcomes. The welcome will be rendered all the more cordial by the fact that the age-el ruler brings with her a grateful acknowledgment — the first that ever came from Koyal lips — of the part the Irish soldier has played in bearing up her Empire, and a message of sympathy for the widows and children of the gallant Celts who died fighting for her, and whose bones lie beneath the sun-browned veldt or up the boulder-strewn kopjes of Cap? Colony or Natal. The Irish people arcquick to forgive, if to resent, a wrong. But they never forget a kindness*. There lies, too, in the coming Royal visit the hope that it will not be merely a detached incident in a long reign, but that it may open a new epoch in the relations between the Irish and the English nations."

Our Wellington correspondent telegraphs: — The local Acclimatisation Society strongly protc?t« against the opening of the shooting reason on the 31st March. Members state that native birds are not fit to be taken till a month later, and urge that the season, both for native and imported game, should commence on l«t May.

Mr H. H. Driver, secretary of the New Zealand Baptist Missionary Soeiets', reports that he lies received from a LJend who wit-hes to remain unknown an offer of £500 towards tl>3 Cliandpore Hospital fund, on the sole condition that the balance (£600) of the estimated cost be raiasd during the year. This excesdingly generous anonimous offer should Ftmrukue other benevolent hearts to liberality and render possible the erection of this most desirable institution at an early date. Gifts or promises will be thonkfnUy received by Air Driver, at his book store, 7 George strep;.

A S-unoan high chief repotted whi^e at Sydney en route to tho I'aiis Exhibition, that a, quarrel took place at a cricket match at Sai'aii, in which the nati/es of five villages become j'molved. Ten wcrre killed, many others being wounded. A s-urpri&ing feature of the fray was that notwithstanding that all natives were utrpnofsed to have sunenclpred

their arris at the clo?e of thp recent war, overdone who took part was po&sr&ecd of either a * revolver or a rifle. The S.imoa Weekly Jlcrald, describing (he native disturbance at Saviiii, states that it oremved on the 3rd in it. The villagei-s were armed with guns and largo knives. Fully 500 from the villages Taga and Tufn wont to lake part, a.twl these were armed with 50 rifles and plenty

of ammunition. The Herald remarks :—": — " We think from what we know of. the Samoan customs that grave complications will ensue from this matter, as several Samoan customs have been infringed." j

The captain of the Himitangi, says the j New Zealand Times, reports that while at .■ Castlepoint on Saturday mormng, some boys ! who were j>icnicking on the beach observed a great deal of splashing in shallow water, and discovered the cause to be a large swordfish, which had got out of its element. The marine monster was promptly speared, and it j is the intention, we understand, of the local i telegraphist to preserve the fish and send it j on to Wellington for exhibition, the species being very rare in New Zealand waters. The size of the lish may be judged by the fact that its sword is 3ffc long.

The inhabitants of Valence have had a ter- j rible experience with escaped lions at a fair. The accident, says a correspondent of the London Morning Post, began by the bursting of a

petroleum lamp m a large circus built of wood. The circus was burnt down and the fire spread to neighbouring booths, among them being that of Mallen, a lion tamor. "When the roof of Mallen' s booth caught fire he wa« in the lion's cage giving a performance. Smoke '< filled Ike theatre instantaneously, and the public rushed for the dcor. Mallen himself hurried out of the cage to tavc himself, but lie forgot to shut the door behind him. Two lions came out and began prowling about the fair in the feeble ligLt gira.i by a few lanterns, : while the public fled in p.urie in evovy diroc- i lion uttering- sleieks of foor. One of the lions was about to seize a chikl when a young workman bravely intervened. Ho tried to giasp the brute by the throat, but was knocked down a.nd horribly mauled and bitten. Another workman vrho tried to rescue him was also i:uorkffl down, buc he escaped wit!) torn clothes. The lions then attacked and severely wou'iJdl wo cli€'?tnui-fell"rs and ove* turned s-O^prnl tra-'-rllin^ vans. Malleu, who showed grant cn-iraie, fin.'illy captured the animals and col llicm back into the cage

The gr«ile«t gold-producer and dividend- ! payer 01: Hie ijjndigo goldfieM i& ths (Jarden Gully mine. A few days ago it declared another dividend of Js in the £11, wMch brought the grand total it has distributed among the shareholders of the company up to £1,000,4-37. In the early stages of its career the mine did not indicate that it possessed hidden treasure. Iv 1865, it wad taken in hand by the Garden Gully United Company, and until 1869 the operations vi ere &o unsatisfactory and unproductive that calls were made frequently, and thousands of .-hsres were forfeited, failing- to bring in e%en the 3d call that had been made. TLis led to a period of stagnation, and it was not until a meeting of shai-e holders had been lield. at v/liicli it was decided to let the mine oil tiibute to three or four different companies, that the cloud lifted. In extending the crosscut at U^Cft, in a hitherto untried block of ground, a v/eat back was encountered, and dib-ir-tiucntly it revealed a highly payable re°f, which li-is hards oniely paid the sbare-

Among Hio invalids s~eut Homo from South .Africa is Private James Williamson, of the Blr.ck Watch, a native of Montroae. He was struck by six 'vjllels at \Fager;foiitoin. One bullsl hit a Tes:.i!jicnt. which was in his bieast-

pocket, over the lieari. The ball glanced off the Tcvtament and \ o -ced through his left ariii, w'n'ch it I,'i.vLe. iio thus owes his life to the p J^'seion of a c.-p/ <-f the Scripture*. Williamson was .'-hot t^roi'-jh the left foot, left thigh, r'ght dmiilrW. il^ht 'eg. aud back.

Our cables eoncei-niivf the war in South Africa thi« week conveying the gratifying intplligencc that the b'Tgliers of the Orange Fres State are submitting to Lord Roberts, or dispersing to their homes, while the Tran&tAaler.s are reported to be so hopeless that some of their generals refuse to fight any longer. The northern portion of Cape Colony and the southern portion of the Free State is now practically in the hand* of the 3>iti.~h. Genelal Gatacrehas reached Springfontein, in the Orange Free State, raid General Polo-Carev/ lias joined General Clements from the north at Norvals Pont. Railway communication has been restored between Capetown and Bloemfontein, and many of the transport difficulties of the army in the Free State will now disappear.

During the past week 10 patients were admitted into the hospital, and 23 discharged, leaving 91 in the institution.

A new classification rcheme for prisoners in the New Zealand gaols, says the New Zealand Times, has been drawn up, and will be gazetted in a few days. The new fcheme deals more leniently with, prisoners than the system at present in force.

The personal effects of Trooper Gourley, of Dunedin, says the New Zealand Times, who was killed in action in South Africa, arrived from Capetown by the Maori, and were on to the Hon. H. Gourlo/, Dunedin, by the Flora on Tuesday evening.

Mv Has=elden, S.M. at "Wellington, lia-. de- • cided that the fact of a person receiving an old-ago pension did not remove the recipient j from the definition of " destitute person." The pen.sion was avovedly not enough to support a ppi&oii, and if there was any indication of , vhul consideicd necessary for the .support . of a pensioner it must be taken that £52 was | the standard. •

Notwilhslandiug the boisterous weather which prevailed laot Friday evening, there was

a good oilendance at Hie social held in the . Saddle Kill Schoolroom. As showing the popularity of the socials and amusements or- 1 ganiscd in the district, a considerable number , of those present had braved the elements and come from a distance. Tho wretched state of , the roads had made itself apparent in the aitire of some of thorn on their arrival, but this did not check their enthusiasm. It had been previously decided to hold a concert on tlmt evening, but owing to the miserable weather resulting in a number of performers being unable to be ureesufc, the committee de-

cided to hold a social instead, and postpone the concert until four weeks' hence. The dance music was, as usual, supplied by MiDavidson, and those present parsed a most enjoyable evening. Miss Bowling sang several songs during the evening, including " The ab-sent-minded beggar," which resulted in the sum of 22s being cast upon the floor. This money has been paid into the Daily Times Company's more horses fund. Several other ladies and gentlemen also sang.

At a sitting of the Supreme 'Court in Bankruptcy, before his Eonor Mr Justice Williams, on Monday morning, orders of release were made, on the application of the Official Assignee, in respect to the following persons: — John Ryley, Meyer Fiuker, CharlesEason, Thomas Andrews, Alexander Mackay, John Gilmour, Edmund M. Elliott, John Munden, Robert M'ltobie, George Metcalf, Wm. Frank Gillan, and Archibald Espie.

Our Cromwell correspondent telegraphs: — Three stacks of oaten sheafs and a chaff house and cutter belonging to Mr Schieb, of Queensberry Inn, were destroyed by fire early on Sunday morning. There were no insurances. The loss is estimated at £120.

At a special meeting of the Albany street School Committee, held on Monday, it was unanimously resolved to recommend the Education Board to appoint Mr Wm. M'Laren, of Kaitangata, to the iDosition of first assistant. Mr M'Laren has been at Kaitangata about 14- years.

Dr Frank Fitchett, son of Dean Fitchett, an old Christ's College and Olago University boy, after some years of ho&pital and lunacy work in Scotland, has offered his services as an armj r surgeon, and has been sent to South Africa. The War Office pay and allowances for additional medical officers for service in the field, of whom a large number have recontly been taken on, are £1 a day w-ith a captain's field allowance, also servant, horse,, and rations. A free passage out and Home is ghen, and a gratuity of two months' pay at the end of service.

A curious rolic has been unearthed at Newtown (telegraphs our Wellington correspondent). Some workmen making an excavation for a drain brought to light a grave-acono Wiring the following inscription: — " Saured to the memory of Thomas Kerns, late jerjjenn'., of her Majesty's 65th .Regiment, who died 22nd January. 1851 ; erected hy his Lroiher non-commissioned officers." The nea-cl-loiu 1 , which ->\as about 3ft below the surface of the ground, was broken across. The inscription v.-aa chiselled into it.

Mr Kiyoahi Nonaka, of the Japanese customs at Yokohama, now on a visit to Australia, to ,i Hydncy v>rco.3 interviewer, says : — "PeopV in .lap an have learned that it is good to f-r.i, more meat,, and the beef from this oountiy in tins is becoming much appreci-/ ated. A 21b tin of beef can be bought in Japan 'for Is, mutton being a little dearer. We Lave no place for storing the frozen meat yet iv Japan, but we will have it soon. Wools are admitted free to Japan, but on some other goods the customs charges are clear. We send a lot of silk and rice to this country, and receive many importations of wool and other products. We are going in for making our own woollen garments. Before, wo imported them fiom Europe, bufc factories have now started, and the suit I am wearing was made of Australian wool, in Japan. My country and yours must come nearer in matters of commerce and trade every year. We find the people deal honestly with us. Cotton clothes are giving place to woollen iv Japan."

A young woman named Eachael Thorpe, daughter ot a selector living near Cunimighame (Victoria), was bitten by a snake. She tied a pieca of ribbon round the finger while the snake was still hanging to it. She sucked Iks wound and ran to her home, about 150 yds dntt'H. fiho was then subjected to the fhlorido of lime treatment. Tins was injected once o;:ly, as no serious symptoms manifested themselves, rhe heroic treatment first adopted having presented the poison entering the system.