The Timarn Herald. WEDNESDAY, JANUARY 27, 1886.

Timaru Herald, Volume XLIII, Issue 3535, 27 January 1886, Page 2

The Timarn Herald. WEDNESDAY, JANUARY 27, 1886.

A case of considerable importance to persons occupying land alongside v railway line has just been tried before Mr Justice Johnston and a special jury of twelve m the Supreme Court at Christchurch. Being an action against the Crown — Studholme v. the Queen — it was brought m the form of a petition of right, the petitioner, — or m other words, the plaintiff — seeking to recover £600 damages on account of the burning of the grass, sheep, &c, on his property at the Hinds, the fire having been caused on June 16th, 1885, as alleged, by sparks from a railway engine. The defence was chiefly to the effect that the fire was not caused through any negli-

gence of Her Majesty's servants or by any sparks from a railway eDgine. The manager of the petitioner's station at Coldstream deposed to finding the grass burning on June 18th. He also found that a number of sheep had been burned ; 153 were dead, and 231 others bad been badly burned, and of these, 78 bad to be killed and 50 died. The grass on 1100 or 1200 acres of freehold bad been destroyed, and a shepherd's but and other improvements were burned. Important evidence for tbe petitioner was given by the fireman on board tbe iAo p.m. train from Ashburton to Timaru on June IGth. Tbe engine, he stated, was burning lignite coal, and there was a strong nor'-wester blowing. On getting near tbo Hinds station, be observed fire coming from tbe engine funuel and noticed fife bad started south of the line nfter the train bad passed. He told the driver, who cautioned him that he would very likely be discharged if he said anything about it. Witness came back tbe same night, aud tbe fire waa then burning furiously. A number of other witnesses were also called to support tbe petitioner's case. So far tbe evidence for the petitioner seemed clear enough. As is not unusually the case, however, when the other side came to be beard, the result was that the jury found themselves confronted by a puzzling conflict of testimony. It was suggested that the fire bad originated iv another part of tbe estate, and had worked up to tbe railway line. The engine-driver of the ■t.45 train declared that he saw the fire some time before the train got up to the spot. Ifc was working up against the wind towards the line from the seaward. The fireman, be said, did not see it until tbe train got abreast of it, and at that time it was a quarter of a mile from tbe line. It dul not occur to witness that it was possible for tbe engine to have caused this fire. He swore that he did not notice bis engine emitting any sparks, and that be did not tell the fireman he would be discharged if he said anything about the fire. There was not only a conflict of testimony as to tbe facts, but also a complete divergence of opinion on tbe part of tbe experts. Tbe engine, it appears, was fitted with a spavk deflector, and for the respondent skilled witnesses outside the department, as well as experienced officials like Mr Rotberbam, the locomotive superintendent of the Canterbury railways, gave evidence that this was the best form of apparatus that could be used for arresting sparks. While tbe petitioner's witnesses were eloquent regarding tbe dangers of soft coal, such as was used m conjunction with an equal quantity of Brunner coal on tho occasion m question, evidence was given for the respondent that this mixture was tbe very safest fuel that could have been employed. It is evident, therefore, that the jury had nc easy task before them. Tbe Judge pointed out that tbe crucial question was whether the Government had been negligent m their working of tbe railways m this instance — whether thej had used all due precautions to guard against thepossibilityof sparks escaping from the engine which a reasonable mur. might ba expected to use under th( circumstances. Tbe jury after con Bidering this problem for about an horn returned into Court with a verdict foi petitioner for £400 14s 3d, and Hii Honor certified for costs, ue suppose cuai tue Government an not likely to meet with much sympathy m this case, especially from runbolden and farmers. Undoubtedly, however their position is not free from hardship It is true that sparks can be effectually arrested, but that is only at tbe expense of arresting the train, because tbe contrivance which completely b.irs the egress of sparks, stops the draught, and so either brings tbe train to a standstill, or materially impedes its progress. Iv this case the Government would be execrated by tbe public for their " unpunctuality " and " slowness," and Parliament would probably be down upon them for the increased proportion of working expenses shown m tbe railway returns. On the other band it is intolerable that a settler should have his property destroyed wholesale by sparks from a fire-fiend daily screeching through his laud and leaving ruin and devastation m its track. It is clear therefore the Government will have to set their wits to work, and redouble their efforts to prevent accidents of this kind. Juries, especially when composed of country settlers who know tbe mischief which has been caused by railway engines m the past are not likely to have much sympathy for the defendant m such cases, even when it is Her Most Gracious Majesty the Queen who is made to figure m that capacity. + As to tbe general correctness of the principles laid down by our correspondents who have written complaining of tbe action taken m regard to tbe Mount Cook track there can be no question. As a rule, almost without exception, works undertaken by public bodies should be Jet by contract, so that tbe whole thing may be open to the light of day, and the ratepayers may know that they are getting full value for tbeir money. In the case referred to, however, it appears that there are special circumstances which do not seem to be generally known, and which to some extent, alter its complexion. We are informed that within the last six months three meetings of tbe Mackenzie County Council have lapsed for want of a quorum, and the Clerk has attended on no fewer than eight occasions and adjourned tbe meeting, m accordance with the Act, because there was not a single member present. The Government informed the Council that the grant of £1200 for the track to the Hermitage was at their disposal, and urged that the work should be gone on with at once. Mr Huddleston, who had taken an active part m getting the vote, asked that day labor should be employed on the work, and this fact was communicated to the Government, who again wrote urging that it should be commenced at once, so that the road might be ready for the use of tourists by tbe autumn. This was previous to the date of the January meeting, and when it turned out that there was then no quorum present, the Chairman, we believe, m view of the urgency of the case, determined that it was better the work should bo commenced at once by day labor. To have waited for another meeting to call for tenders would have meant such a delay that the work could not have been completed m time to be of use during the comiDg season. There was

also the clanger of losing the grant altogether which lapses on tbe Slsfc ' March if not taken up before that date. In accordance with the Chairman's determination, the Clerk placed 33 men at once on the ground, and it ia expected the work will be completed m three months, while iv one month sufficient progress will have been made to be of material benefit to the travelling public. While we admit that there are special circumstances m the present case, we are Btrongly of opinion that as a general rule such work ought to be contracted for. Whatever blame there is on account o£ the departure from this wholesome rule rests with those gentlemen who neglected to attend to their duties as Councillors. Of course we all know it is difficult for gentlemen m the country to leave home at shearing time, but m a case of such importance they ought to have made an effort to attend to their public duties. Otherwise they should not undertake such duties at all, but leave them to residents who have more leisure.

C Baitehy, N.Z.A.— The members of the C Battcrj' will parado at seven o'clock this evening m drill order. Residrnt Magistrate's Court, Timaiht. — Joseph Dyer was fined at this Court yesterday 6s or the usual alternative for drunkenness. E. Q-. Stcricker, Esq., was the- presiding Justice Special Train. — Admiral Tryon and party arrived m Timaru from Christchurch by a special train at 1.30 p.m. yesterday, and niter a stay of half an hour proceeded on to Dunedin. Political Addbes3. — Wo -would remind our readers that Mr W.^J. Steward, M.H.R., will address the electors of Waimato at the Library, Wnimatc, at eight o'clock tljis evening. The chair will bo taken by His Worship the Mayor. Tub Mails. — We have to thank the Secretary to the Post office for a copy of a neat littlo guide to fit tho waistcoat pocket, giving timetables of mails by (lie Direct Service and iid San Francisco, Biindisi, Naples, Marseilles and Torres Straits routes. | VoLr.sTKEiJih"G.— The first Government inspection pavado of the Tcmufca Volunteers will take place under Colonel Bailey on Thursday evening, tho 28lh inst., when it is expected that tho members will put m a strong muster. Resident Magistrate's Cockt, lejipka. —At this Court yesterday, before S. D. Barker, Esq., J.P., John Fcrjjur, alias Ferguson, was charged by the police with having no lawful means of support. Previous convictions were reported against him for larceny, etc , and the Bench sentenced him to eercn days' imprisonment with luril labor. Important to Batiieus. — We understand that a number of youths will m a day or so make their appearance at the Resident .Magistrate's Court to answer summonses charging them with illegally bathing on a certain Sunday within prohibited hours, and also within view of a public thoroughfare. Lovers of a " dip " would do well to take warning. SUPREMR Cotrt. — 'lho adjourned hilfvearly sessions of the Supremo Court will be opened at eleven o'clock this morning. The only two cases set down for hearing are MilVs, Archer and Co. v. Denis Hbnrc it uror, boforo a special jury, and the libel notion I. R. C. C. Graham v. tho Ashbnrton Jllait, before a common jury. His Honor Mr Justico Johnston, arrived from Christchurch by tho Express train yesterday. I.OGr.T. — The ordinary meeting of the Geraldino Weliomo .Retreat Lodges 1.0. G.T., was held on Monday evening last. Bro. G. H. Patrick occupied the chair m tho absence of lha VV.C.T. Ono candidate was received for re-obligution. Accounts m connection with the picuio on Now Year's Day were laid upon the table, but wero referred back to tho Sub-Commiltee for adjustment between this Lodgo and tho Vcel Forest Lodge. H being tho night for the nomination of officers for tho next term, nil the otliccs were filled, aud tho officers will be installed at the next ordinary meeting. A conversation took place re an .official visit from the Timaru Lodge, wnen it was resolved— •• mat tno Secretary write to ascertain when the official visit would be made ; if on Monday next the Secretary to notify the officers elect that the installation will take place then commencing r.t 7.30 p.m., the Lodge to be thrown open to the public immediately after tho installation for the usual repast and harmony." The Wkatuer.— Our Geraldino correspondent writing yesterday ttutes that tiio long spell of lino weather lias at last bocu broken by a very acceptable rain which was experienced yesterday afternoon and to-day, the grass has already felt the benefit ; to-day it is looking given, and nuturo generally appears wonderfully refreshed. Tho turnips which have recently bo;'u sown will very soon begin to show themselves above tho surface. It is to be hoped that the rain will not do any harm to the crops that are already cut and m stook. Doubtless it would have been more beneficial to tho crops geuerally hid it como a month or six wcoks sooner. At the same time tho farmers will gladly welcomo it, for the feed for their sheep and cattle was getting very scavco and m souio places altogether dried up, and stook generally have EufToroJ m consequence. Tho land is very dry underneath, but tho showers we aro receiving will moisten and cool it — better than if wo had a regular downpour. Waimate Borough Cor/xctL. — Tho regular meeting of tho Borough Council was held on Mo: day last. Present — His Worship tho Mayor, aud Councillors Harrison, Dugdale, Jones, Colic tt, Watts, Cameron, Mitchell, and Sinclair. Several ratepayers applied by letters for exemption from payment of rates on the ground of inability. It was resolved that Mrs Neale, Mr 3 Ballantyne, and Mr Long be exempt from payment of this year's rate, and that payment of arrears of rates and rents duo to the Council be enforced by legal means if not paid before the loth prox. A letter from Messrs Porry and Perry, giving notice of the South Canterbury Education Board's claim to the part of the Waimate school ground through which tho Council had recently caused a drain t<> be out. It was retolvrd to fill up tho drain referred to. An amendment of Councillors Mitchell and Hurrison that the letter of Perry and Perry bo acknowledged, was lost. Mr T. Keen, poundkeeper, tendered his resignation of the office of poundkeeper, and asked that Mr G. It. Freeman bo allowed to act as poundkeeper till the end of tho torm for which he (Mr Keen) was appointed. The resignation was accepted; Mr Freeman to fill tho office of poundkeepor. Mr Mann's tender for supply of dog collars at 6d each was accepted. It was resolved that the sum of 10s bo charged for dog registration within tho Borough for tho year 188G ; also that road improvements m Belt street bo done by the day laborers; and that tenders bo called for gravelling the footpath m High street between the Waimute Hotel and Eaton street. A letter was received from the Railway Department stating m reply to the Council's request to have tho roadway approach to tho Waimato Railway Station widened ; that they could not entertain the application as the roadway was considered to be sufficienlly wido. His Worship said he thought it would bo advisablo to dispense with the day laborers at present m tho employment of the Council and have all work done by contract. Several ratepayers had complained to him of tho useless kind of work at which these men wero sometimes employed, such as chipping the gras3 on tho sides of the roads. Tho financial position of tho Council would not allow of any useless work being done. A discussion on tho subject ensued, during which a variety of opinions were expressed by Councillors. In roply to questions, Mr Baxter, Town Clork, said the present three men had for a long time been employed as day laborers," and were almost constantly engaged on various kinds of work. Their wages were ono man at 6s 6d per day and the other two at 6s. No chango was mado by tho Council as to tho omployment of the day laborers. Councillor Jone3 called attention to tho very bad language frequently used m the streets, especially at night. His Worship said he would mention tho matter to the police. Accounts amounting to £63 8s 2d were passed for payment and the Council adjourned.

AsnEsra. — Two men wcro nrreslod last evening for drunkenness. Ono will bo also charged with resisting tho arresting constable m the execution of hia duty. Waimate County Council. — The regular monthly meeting of this Council today (27th inst.) will bo postponed till Wednesday, the 3rd prox. Waimate District School. — This school opened for study after the Christmas holidays on Monday last. There was a large attendance of scholars present at tho opening. Good News.— Wo are glad to hear Hint Mr Pclham Jones, of the Hook, has sufliciently recovered frojn the effects of the accident which befell him at the Inst Duncdm races to be able once more |to get about and resume hia business habits. UNKEGiSTKitED Dogs. — Owners of unregistered dogs had better bestir themselves ere it is too lute, for wo have been informed the police havo received instructions to take iintncdiato steps to prosecute all owners of unregistered dogs residing m tho Borough and district. Rifle Match at Temuka. — Tho following team from tho Temuka Rifles has been selected to compete against the Timuru Riflo team en Thursday, the 28th inst.: — Lieut. J. Findlny, Sergeants Guy and Smith, Corporals G. Uobbs and G. Levcns, Privates Watt, Reid, Harrison, He;ip, Russell, Langskeil and Clinch. Tho match will commence at one o'clock. Telepiiomc Communication.— Telephonic communication is now being made with the Timaru Police fetation, tho men having for tho last day or two been engaged making the necessary connections. While writing on this subject, we would draw attention to the fact thut one of tho Government departments m this town— the Custom-houso is without telephonic connection. Tho want of this connection has been very seriously felt by all engaged m shipping circles, and wo ura sure an incalculable benefit would be conferred if " the powers that be " could be moved sufficiently to have the Custom-houso connected by telephone. Orini ScnooL Committee.— A meeting of this Committee wns held on Saturday, the 23rd instant. Members present -Messrs Mitchell, Aitken, Lesten, and Crozier. In tho absenco of the Chairman, Mr Crozier was voted to tho chair. 'J he meeting was called to consider mutters m connection with tho coming treat and distribution of prizes. Messrs Mitchell and Lesten were authorised to procure books and toys for prizes ; and Messrs Mitchell, Lesten, and Crozier were appointed n Committee to procure the eatables for the 6chool treat, which is to be held on the school ground, on Friday, 29th inst., commencing at twelve o'clock. In reference to the vacant seats on the Board of Education it was resolved to nonjinato tho Rev. George Barclay, of Geraldine, und tho Rev. William White, of Pleasant Point. The meeting then terminated. Couksino. — We are very glad to learn that the Committee of tho South Canterbury Coursing Club uro moving m the matter of holding the next Waterloo meeting m this district during tho now rapidly approaching couraing season. If wo mistake not, it ia the South Canterbury Club's "turn" for the Waterloo, and there is not tho slightest doubt but that they will, hs usual, do thvir best, to m-ike it us successful ac possible. Where tho meeting is to be held is not yet exactly tixed, but (ho Purcora estate will doubtless be the place, for on it is some of the very best coursing country m the colony, n.nd it is easy of acicss by rail from both North and South. Should tho meeting be held m this district, nominators can will: confidence rely that their dogs will get gr.md trials after hare?, that will not only test theii staying powers, but will also bring out thcii finest working points.