Tuapeka Times. AND GOLDFIELDS REPORTER AND ADVERTISER. WEDNESDAY, NOVEMBER 21, 1883 "MEASURES, NOT MEN."

Tuapeka Times, Volume XVI, Issue 992, 21 November 1883, Page 2

Tuapeka Times. AND GOLDFIELDS REPORTER AND ADVERTISER. WEDNESDAY , NOVEMBER 21, 1883 "MEASURES, NOT MEN."

Notwithstanding the strenuous action which has been taken, the efforts of the Legislature, and the majority of the members of the Land Board, the final settlement of the dummyism cases is very far from being arrived at. In our last issue, we briefly referred to the very extraordinary position in which the conduct of Messrs Clark and Green has placed the Land Board in regard to the Waikouaiti selectors. The Commissioners named retired from the JBoard-room on the Bth insC, whilst Mr Stout was in the act of moving his resolution to cancel the licenses. They put in an appearance at the next meeting when Mr Stout was absent, and forthwith objected to the minutes being confirmed, stating that, previous to their leaving on the occasion noted, a resolution to cancel the licenses of Borthwick and Hertslett had been formally put and negatived. Mr Green, indeed, produced what purported to be a verhatim account of the proceedings, which, unless he has an exceptionally powerful memory, he must have taken down in shorthand. We should be sorry to assert that it was a work of imagination, but certainly circumstances favor that view. The Chief Commissioner, Mr Bradshaw, and Mr Duncan agreed in denying that any such resolution had either been proposed or dealt with ; but, whilst they very properly declined to allow the minutes to be altered, they very weakly, we think, gave way in granting a rehearing. We have yet to hear what Mr Stout has to say in the matter, but, at present, it looks very much as if Messrs Green and Clark have been playing into the hands of the squatters. Their excuses for leaving the Board-room when so important a question was under consideration were most paltry ; wliil* the statement made by Mr Green and sworn to by Mr Clark, has upon the face of it very much the character of a " cock-and-bull story ! " The other selectors whose licenses -were declared to be cancelled by the resolution of the Bth instant have not applied as yet for a rehearing, but it is fully expected that they will exercise their right of appeal to the Supreme Court, which they can do within thirty days of the decision of the Board. The result cannot by any means be depended upon, since the Land Board Enquiry Act, under which the Board have acted, is anything but clear in its terms, and there is reason to believe is one of the many statutes through which a skilful lawyer may drive a coach-and four. In reference to the purchasers of allotments of pastoral land in the Strath-Taieri at the sale "last February, the judgment of the Court of Appeal in " Johnston v. The Otago Waste Land Board " will very possibly lead to the re-opening of the whole question. Johnston, it may be recollected, was one of the alleged Cottisbrooke run dummies, and the Land Board, on April 11th, resolved, on the motion of Mr Stout, not to issue his license in the meantime, pending his personal application and satisfying the Board as to his purchase having been bona fide for his own use and benefit. Johnston did not choose to attend personally, but applied to the Supreme Court for a mandamus to compel the Board to issue the license. The case was argued before Mr Justice Williams, who dismissed the motion, on the ground that there hacl been a decision of the Board by which the Board refused to issue the license ; find

" that, as iv such a case, the Land Act provides a complete remedy by appeal, therefore a mandamus will not go." Johnston took the case to the Court of Appeal, where the judgment of the Court below has been affirmed, but on entirely opposite grounds from those asserted by Judge Williams. The Chief Justice stated tb.afc he did not agree with the Court below that there was a decision on April llth. "I am of opinion," His Honor said, " the Board was proceeding to investigate the matter bona fide, and that they have neither refused to investigate nor to issue the license, and that this appsal must therefore be dismissed." Judge Richmond agreed with the Chief Justice that the Board had " yet given no decision, and the matter is still subjudice. The resolution of April is not, in my opinion, a final judgment in the matter." Judgt Gillies (nbt Williams as erroneously stated in the telegram) said he entirely agreed with his learned brothers. " There has been no decision to warrant an appeal, nor has there been any determination or decision to warrant an application for a writ of mandamus" It seems to be open, therefore, to Johnston and the other purchasers whose licenses have been withheld in consequence of their not applying personally to the Board, and submitting themselves for examination, to do so now, and should the Board then formally resolve not to issue the licenses, they will have the right of appeal to the Supreme Court.

It was decided ou Monday last, iv a very tame way, that the present Mayor (Mr Fraey) should carry on the duties of office for another term. No otber candidate was nominated, and not the least sign of excitement prevailed: only some dozen of ratepayers put in an appearance in a formal way to carry out the ceremony of putting the harness on Mr IVaer for another period of time. That such should have been the case is a matter for regret, and shows the apathetic state into which matters have drifted, when an office at one time considered such a distinguished one was allowed to be passed in without a bid. "We do not say that it could be in better hands, more especially as some important works undertaken within the past year are still a long way from being finished, and may, perhaps, require all the former experience of those dealing with them in the past to understand the position, both retrospectively and prospectively ; but still it is a great pity to see that no emulation at all is shown in regard to the office. It is tbe generally-expressed belief that the office Bhould be a rolling one ; this is no doubt very good in theory, but it would appear that the material has been wanting here to carry it into practice. Several who sit at the Council-board at present, we consider eminently qualified for the position; but, it may be that some of those who would no doubt have received hearty support had they come forward, had either not such a high opinion of themselves, or what is more likely, did not wish to be troubled so long as they saw the office in the hands of some one qualified to discharge the duties in connection therewith. What if, at the expiration of another twelve months, as little desire should still be shown to contest the seat? Should Mr Fraer then be spared to accept office again, ht will decidedly be entitled to the honor of being called the "perennial Mayor," as he was dubbed by his proposer on nominationday. We fail to see why the honor is so little coveted here. It is true the title " The Mayor of Lawrence " is not such a high-sounding title as " The Lord Mayor of London," yet the affairs of Lawrence ought to be of as much importance in the eyes of the residents of Lawrence as the affairs of London in the eyes of the residents of London, where the Mayoral chair is reckoned an honor of such distinction. The office should be a rolling one, so that the most important affairs of the Borough might be more widely known than when left in the hands of one invividual for a lengthened period of time ; besides, it is hard to tell what emergency might arise to call forth fresh talent, and then all would be comparative strangers to the functions of the office, whereas, if made more of a roll-ing-office, the electors would not have their choice of candidates confined to apprentices, as some one who might have been in the harness before could come up for election aud know the ropes from bis former experience, instead of having to begin his apprenticeship at a time probably when a full knowledge or the duties would be of the utmost importance. Those sitting -at the Council-board, who had formerly held office, would also be better qualified to keep a check on anyone holding the position of Mayor. "We do not doubt that the duties appertaining to the office will be efficiently discharged for another twelve months, but we trust that after the expiration of that time some one suitable will be found to come forward and take the wonted interest in the affairs of the Borough — the rule some years ago.