Poverty Bay Herald. PUBLISHED EVERY EVENING. GISBORNE. THURSDAY, JULY 31, 1902. THE REFERENDUM.

Poverty Bay Herald, Volume XXIX, Issue 9491, 31 July 1902, Page 2

Poverty Bay Herald. PUBLISHED EVERY EVENING. GISBORNE. THURSDAY, JULY 31, 1902. THE REFERENDUM.

So far as it lias already been applied in this colony the referendum has worked with success. In matters of local Government it is frequently called into requisition, and works smoothly and well, and on the question of licensing reform it has come to be generally' recognised as the correct and most satisfactory manlier of dealing with the subject. There are other matters which could equally well be submitted to the arbitrament of the public ballot that this democratic proposal of-the referendum affords —such questions as an Elective Upper House, which members of both sides of the House showed in the discussion that took place yesterday they recognised to be one of the coming necessities of the times; an Elective Executive, the Bible in Schools, and the Abolition of the Totalisator. We believe that these are subjects that could fittingly be submitted to the popular vote, and which will not otherwise receive a satisfactory settlement. It is idle to suggest that these matters receive a fair adjudication at the polls for the election of members of the House of Representatives. So many and complex are the topics discussed by candidates for Parliamentary honors that the electors have no opportunity of expressing their decided opinion upon any one of them, and it is impossible always to state that the decision of the House on any one question is the decision which the people would have. Against the hasty and impulsive decisions of the Lower House the Constitution has given us the Legislative Council to act as a check, but the method of selection of members of that Chamber has become such that, as members of the House complained, it cannot be said to hold the confidence of the community, and when deadlocks occur between the two Houses it would be more satisfactory if the people were left to decide. Sir Joseph Ward has given us what appears to be a good workable measure, and if he succeeds in carrying it through Parliament this session, he will have effected a substantial democratic reform. The Bill provides that the referendum is to be taken only when a Bill has been twice rejected by one of the Houses, or amended in such a way that the other cannot concur, but the -second rejection must take place in the next session of Parliament after that in which the Bill was first brought in. The decision as to whether any given Bill is substantially the same as a previous Bill, md thus conies within the scope of the Act. is left solely and entirely to the Speaker. Bills so rejected, to come under the Act must be Government Bills, or Bills to which the House of Representatives requires the referendum to be applied, or Bills that contain a special clause providing that they shall be submitted direct to the popular vote. But both Houses may pass a resolution in favor of submitting to the people any legislative proposal other than a Bill, and in this case the same process will be available. If a Bill or other legislative proposal is to go before the people, the poll must be taken in not less than one month, but within three months after the close of the session, and if a general. election takes place within those limits, then the poll for the referendum must be held at the same time as the election of members to the House of Representatives. The poll is to be taken precisely as in the case of general elections. If the Bill is approved, it shall be deemed a measure passed by Parliament, in accordance with the terms of the Constitution Act. If the measure is rejected, it shall be dealt with as a Bill rejected in the previous session of Parliament. Any legislative proposal, not ;i Bill, if approved by the referenrum, .shall be carried into effect by a, Bill inti iduced within,ten days after the commencement of the next session. If a Bill or similar proposal has once been rejected by the popular vote, it shall not. under ordinary circumstances, be again submitted to the referendum for three, years after the results of the poll have been gazetted. However, if "ten per cent, of the electors on the rolls at the date of the poll petition Parliament to t-'iis effect, another poll may be allowed. But this Act shall not be held to apply to Bills dealing with local public woi'cs or Parliamentary procedure, or to any local or private Bill, or to any matter which the House of Representatives resolves is a matter of urgency.

On and after'to-morrow, owing to the amendment in the railway timetable, the country delivery of the Herald will be half an hour later than hitherto, but should be. completed by 6.30 each evening. The alteration will give country readers the advantage of half-an-hour's later news.

With this issue will be found an inset, giving a plan of the valuable business .sites to be sold on Saturday by Messrs Williams and Kettle.

We congratulate Sergeant-Major Mark Pickett upon having won the honor of being mentioned in Lord Kitchener's despatches for his services in the field. Judgment for plaintiff went by default at the Magistrate's Court this' morning in the case of John Tearney v. Donald McKenzie, claim £3 ss, costs 10s. The New Zealand Loan and Mercantile Agency Company notify that they have for sale seed linseed of a high grade, and maize in any quantity. The rainfall at Gisborne for July was 4.23 inches, rain falling on 13 days." The heaviest Ml was 1.95 inches on the 13th. The average of this month for 25 years is 5.04 inches on 17 days. Last year in July 9.03 inches fell on 21 days. Messrs Wyllie and Mason have received from the well-known nursery of Messrs D. Hay and Son, Auckland, a line collection of fruit trees, shrubs, and plants, and ornamental trees which will be submitted to auction on Saturday next. They are now on view at the mart. The following passengers arrived from southern ports per s.s. Corinna (Captain Millman) : —Messrs McGlashan, Walker, Holt, Boner, Maguliouth, Koskill. Tlie steamer proceeds to Auckland at 6 o'clock this evening, last launch 4 p.m.. Passenger : Mr Delamere. I

There have been twenty-one frosts in Gisborne this month, which is most exceptional. The mean temperature for the month was one-tenth degree above the lowest mean temperature for July, which was in 1895. We have had seven days in the month on which the sunshine was unbroken.

( The Auckland Star mentions that on Saturday the linotype operators and other members of the staff engaged in the Star newsroom presented Mr A. E. Alloo, linotypist, with ;i handsome silver-mount-ed pipe, as a token of their esteem and regard, on his departure for Gisborne to take up duties on the Poverty Bay Herald staff. Complimentary reference was made last evening by members of the Gisborne Bowling Club to the good work performed during ilie past year by the energetic secretary (Mr C. 11. W. Dixon) The opinion found universal expression that Mr Dixon is the right man in the right place. In his absence, in connection with the balloting for members of the Committee, it was unanimously resolved to vote the-secretary an increased bonus for his splendid services to the club during the year.

A Southland paper records an interesting gathering held at Invercargill recently to do honor to Mr A. Macdonald, principal of the first grammar school in Invercargill. Some thirty or forty "old boys" were responsible for the gathering, and the chairman mentioned that it was forty years since he had answered to his name at the roll call at Mr Macdoiiald's school. The veteran teacher was made the subject of several presentations, and in reply delivered a most interesting address. He remarked that in his opinion it was a great mistake that religion in .some form whs not taught in the State schools. They should have Bible-reading in all schools—not dogma, of course. ATowhere else was the mingled good and evil ill human nature better pourtrayed, and in studying Scriptural histories the young people could imitate the good and take warning from the punishment of the evil. Mr Macdoiiald's "boys" are scattered throughout New Zealand, three being in Gisborue—Messrs J. W. Bright, J. S. Clare, and James Hay.

Colonial mails via Vancouver, which left Sydney on June 17th, arrived in London on the night of the-26th inst.

Attention is directed to the advertisement regarding Prince Albert College, Auckland, appearing in another column. Prospectuses may shortly be obtained at this office.

A man and woman, living at Crookwell (N.S.W.) have been committed for trial for causing the death of their child by starvation and wilful neglect.

After having one of his eyes blown out, his left arm thrice broken, and his head and body severely injured by a blasting accident near Emmaville (N.S.W.), a miner had to climb out of a shaft 20ft deep before he could get assistance.

The suggestion that the "Premier's Purse" funds, which Mr Seddon stated on arrival in England he had no intention of accepting, should be devoted to the Veterans' Home has been heartily taken up by several southern papers, including the Lyttelton Times, a Ministerial organ. The Post says : —When we consider the Premier's known sympathy and enthusiasm for the welfare of the soldiers of the King, we can be certain that his heart will go out to the cause of the veterans in New Zealand, who, having fought and bled for the country, are now, in too many instances, in need of aid in their declining years.

As an instance of the manner in which town properties have increased in value throughout New Zealand during recent years, the town of Stratford furnishes a very striking example Ten years ago it was quite a struggling hamlet, and last year a section which could have been bought a few years before for almost nothing was leased at £4 per foot per annum without any improvement clause. In Gladstone road assessments are made up to £60 and £70 per foot. The Customhouse street sections to be offered on Saturday are practically in the heart of the town, and before many years are over, if the town goes on increasing in the same ratio as it has done during the last few years, purchasers of sections should realise a very handsome profit on their investments.

"Parent" writes: —"Sir, —l have cai-e----fully watched the many good measures suggested by the National Council of Women from time to time for the betterment of their sex and the people of New Zealand generally, and have often wondered why steps were not taken by that body for the prevention of incapable and unqualified women undertaking nursing duties. I observe that the Imperial Parliament has recently been engaged in passing a Midwives' Bili^ providing for the registration of nurses, and surely, if such a measure is necessary in England, it is equally so in this colony, where the number of deaths on and after childbirth is considerable. None but certificated nurses should be allowed to carry on such a delicate and important calling. This is rather a delicate subject for a man to take up, and here I must leave the matter to be moi-e ably dealt with by the women themselves.".

S. S. Springall, surveyor, sued E. P. Joyce at the Magistrate's Court this morning on a claim of £60 3s, for surveying sections for sale at Kaiteratahi, £40 of which had been paid, defendant disputing the balance as excessive. Mr W. D. Lysnar appeared for plaintiff, and Mr Jones for defendant. Plaintiff stated that in September, 1901, lie had surveyed the Kaiteratahi sections for defendant. Mr Joyce objected to the charge as' too much when the- account was rendered. The charges were those usually made in the district. He did not tell Mr Joyce that the cost would be between £30 and £40. Plaintiff cut up the land in accordance with the design made by defendant. Stevenson Smith stated that the charges made by plaintiff were those authorised by the New Zealand Institute of Surveyors. He had not heard of any dispute between the defendant and plaintiff as to accretions. The cutting up of the land would depend on the instructions. It was not usual to have so many differences in the sections. Mr Jones, for the defence, stated that Mr Joyce did not intend the sections to be cut up with decimal parts of a perch over the acre, as a good deal would be lost by this method. Defendant deposed that plaintiff had agreed that his charge for surveying the Kaiteratahi property would cost about £30. When the map was shown to him he complained of the number of fractional parts in the sections, which would mean a direct loss to defendant, who had instructed plaintiff that he should make level areas. In giving judgment His Worship said it appeared to him that no definite price was fixed when the contract was made. It was a great pity that the parties did not reduce the matter to writing. Mr Smith's evidence was that the claim for work was reasonable, and judgment must be for plaintiff for the amount claimed, costs £2 13s.

A claim for horse hire, three days at 7s 6d a day, was preferred by O'Reilly Bros, against W. J. Quigley at the Magistrate's Court this morning.—Mr Jones, for the plaintiffs, detailed the circumstances of the case, and Mi- L. Kees, for the defence, admitted the hiring of the horse and the reasonableness of the fee charged, but alleged that the horse was unfit to carry the rider to his destination. —One of the plaintiff brothers, in evidence, stated that the animal given to Mr Quigley was a good journey horse. No complaint was made to them, and Mr Quigley started for Waipaoa.. On his return lie stated that the horse had knocked up at Karaka. When asked for payment, defendant had put plaintiff .off, stating that the Education Board should be applied to for the expenses. ■ Defendant had not told plaintiffs that the reason he refused to pay was because of the horse knocking up.-—J. G. Henderson gave corroborative evidence as to the accounts being rendered, and no objection being made by defendant.—Mr Rees said he would call evidence to prove that the horse knocked up at Karaka, and that, as put forth in a counter claim, the defendant was put to expense in hiring another horse to complete his journey.— Defendant stated that in May, 1901, he told plaintiffs that he wanted to get to Waipaoa station, 42 miles, in one day. The horse given to him knocked up before he got to Karaka, and was not fit to carry him to Waipaoa. He left town between 9.30 and 10 a.m., arriving at Karaka at 1.40. He had to walk the horse after he passed Ormond. He paid 10s for a horse to complete the journey to Waipaoa, and got to Whatatutu that night, an hour's delay taking place. He paid 10s for a bigger horse to take him on to Waipaoa. By the horse knocking up it had cost 10s to stay at the hotel. The interview with the plaintiffs on the return was in the nature of an objection to pay anything fur the horse. The reference to the Education Board was a fallacy, as he did not go to Waipaoa on their business. He rode plaintiffs' horse back from Karaka, taking four hours to come in. In going out he had not ridden the animal hard.—W. B. Oman gave evidence that the roads in May last were in fair condition.—ln giving judgment., MiBarton said: "A perspn who lures a horse from a livery stable keeper has an implied guarantee that it will,, with reasonable care, carry him to.,his journey's end. If it breaks" down the stable keeper is liable to reimburse the hirer for any expense incurred. Judgment was given for plaintiffs on the original claim for the full amount, and for defendant for £1 on the counter claim, leaving a balance of 2s 6d in favor of plaintiffs, costs 13s.