West Coast Times. THURSDAY, JUNE 28, 1866.

West Coast Times, Issue 239, 28 June 1866, Page 2

West Coast Times. THURSDAY, JUNE 28, 1866.

It would have been well if Mr Sale had taken advantage of the opportunity offered him yesterday, at the large public meeting he presided over as chairman, to repeat the statement he said he had made at the Court House the previous evening, as £o the grounds on which ho had arrived at the conclusion that the Mining Franchise was still im operation in the several electoral districts of Westland, notwithstanding the virtual repeal by the Provincial Council Extension Ordinance of the Miners Provincial Representation Act of 1865. The Commissioner told the meeting that his attention had been given to the question for the last three weeks ; that he had taken the precaution to address the Christchurch Government, seeking an expression of their views ; and that he had received an answer on Monday, the nature of which had determined him to convene the meeting of Tuesday night, at the Court House. The Commissioner had thus the opportunity of giving due notice of the meeting, and securing a large attendance of persons interested in the question, to whom his explanations would, at leaßt, have been most welcome as indicating the course he was likely to pursue, as Returning Officer. Having failed to secure anything more than a very meagre attendance in response to the invitation of the bellman, Mr Sale found himself yesterday afternoon in a position to repeat his statement to a very numerous auditory ; and by doing so he might have helped to dear up the uncertainty that now prevails as to the qualification of voters, or as to the existence of any qualified , voters at all. We have his opiuion; very clearly expressed, but the public

At luVgti afc ignorant of the process of reasoning by which that opinion has been arrived at. We shall make one more endeavor to render the facts of tho case clear, as they appear to us.

The Miners Representation Act of 1862, confers the 'right of voting upon holders of Miners' Rights for a consecutive period of six months prior to the Ist of October in each year ; such right to be in force from such Ist day of October to the ensuiug 30th September. The Amending Act of 1863 confers the privilege of voting upon the holders of Miners' Rights for a period of six months, "consecutively and immediately preceding the day- of election," and extends the same privilege to the holders of Business Licenses. The franchise thus conferred entitles the holders " to vote at every election of Goldfields Members of tho House of Representatives, and of Goldfields Members of the Provincial Council of the province in which such miners' rights or busin6ss licenses shall have been issued, as shall be provided by any Act of tho General Assembly or Ordinance of the Provincial Council of such/province respectively." We thus get as far as the application of the miners' franchise to the.election of " Goldfields members," so soon as legal provision shall have been made appointing such to be elected. The still further amending Act of 1865, contains the following clause in substitution of clause 4 of the Act of 1862, repealed : " When in any province in which there is a duly proclaimed goldfield but in which no Goldfields member of the House of Representatives or of the Provincial Council shall have been by law appointed to be elected, every person qualified under the provisions of ' The Miners' Representation Act, 1863,' shall he entitled to vote at the election of members of the General Assembly or Provincial £!ouncil respectively for the electoral district of the province in which the Miner's Right or Business License held by him as aforesaid shall have been issued."

The question next arises, therefore, whether in Westlaud, wfcere there is a duly proclaimed goldfield, Goldfields Members of tho House of Representatives or of the Provincial Council, have been appointed by law to be elected ? Most clearly they have, by the Miners Provincial Representation Act of last session of the Assembly, under whose provisions Mr Prosser and Mr Barff were returned ; and the fact destroys the franchise of the Right and License holder. The Miners Provincial Representation Act abrogates the 4th clause of the AcJ of 1865, so far as it applies to the district of Westland. It provides for Goldfields' Members, and it further enacts that it shall only remain in force until the Provincial Council shall have made " provision" for the " due representation" of the district, which provision the Provincial Council Extension Ordinance does make in a series of clauses. How it can be held, therefore, that in the districts now created, the mining franchise is available under a clause which delares that it shall give tho right of voting in electoral districts only in cases where no Goldfields members have ever been appointed •by law to be elected, surpasses our comprehension. We have stated the facts as we understand them, and we must still adhere to the deliberate conviction that tho district is disfranchised, and that the elections appointed to come off during the present and ensuing week, will he invalid if they are proceeded with. We recognise the dilemma in which Mr Sale has been placed. But we must say that his" reading of the law is different from any at which wo can arrive. It is surely no slight confirmation of the views wo have expressed, that the author of the Miners' Provincial Representation Act, holds them to be sound, and proposes as a remedy for the disfranchisement of Westland, the postponement of the elections until the Assembly has had the opportunity of passing an act correcting tho unintentional anomaly that exists. If tho elections coul4 be deferred so as to enable the voters to proceed on a firm and assured basis, the result would on all grounds be most satisfactory. A committee has, however, been appointed to take the necessary steps to protect the interests of the unqualified citizens, and we must wait to see what action they will take. Any thing that can be done by our representative in the General Assembly, we may he sure Mr Moorhouse will do, and it is much to he hoped that he will be enabled to effect his landing from the Aupkland this morning, to confer with the committee.

Tho heavy rains continued during tho wholo of yesterday, and ono of tho smartest showers wo lmvo evor witnessed on tho Wost Coast fell for the half hour preceding tho meeting at

tho Prince of Wales Theatre This had not tho effcot of preventing a vory fuH attendance Several of tho streets woro flooded throughout tho day, and in moro than ono of thorn boats had to bo resorted to, to enable tho inhabitants to obtain accoss to, and ogross from their .houses. There was a heavy fresh in tho river, and tho water rose to an unusual height. Tho bar was perfeotly impassable, and wo fear may possibly bo so this morning— a ciroumstanco tho moro to bo w>grotted as tho Auckland is outside, with the English mails and his Honor tho Superintendent on board. Notwithstanding tho oxtromo inclemency of tho woathcr last ovening, thoro was a good attendance at tho Thoatro Royal, on tho occasion of Professor t Stovens' bonoflt. Master Stevens takos his benefit this oveniug, and it will bo seen that a complimentary bonolit has been offered to Mr George Donno by a largo number of influential cUizohß) which has been accepted by that gentleman, and flxod for tomorrow ilight. Tho engagement of this clover troupe closes on',Saturday. Tho first nomination of candidates for the Westland scats in tho Provincial Council takes place to-day nfc Guymoulh. The fojlowing aro tho gentlemen in the field : — Mr Harrison, Mr Shophord, Mr Whall, Mr Luscombo, and 'Mr Kconan. Wo obsorvo that a similar discussion to the ono which took placo yesterday, at the Prince of Wales Thcatro, has been occupying tho attontion of tho Gioy people We understand that arrangomouts havo been mado for a series of Quadrillo Assemblies, to bo hold fortnightly) at tho Masohio nail, Filrsimmons 1 Commercial Itotol, Rovcll stroct. The first assembly is fixed for Wcduosdav night noxt. A meeting of (ho commilteo will bo hold, wo avo requested lo stato, on tho procoding Monday, at which applications for cards, and tho names of ladies it is proposed to introduce, will bo submitted, • Owing to tho inclemency of tho woathor tho Chrißtchurch mail had not arrivod at a late hour last ovoning. We wore- also without telcgraphio communication with tho east sido, tho wire appearing to bo very extensively injured. Tho"Groy Rirer Argus," of tho 26th ittftfc., says that Mr Inspector James and party havo returned to town after boing out for sovorai days, dragging for tho body of Mr Dobson in the rivers and crooks in the vicinity whero he is supposed to have been murdered, but no tracos of it wero found. Tho party was out during tho sovero storm whioh swopt ovor this district on Thursday and Friday last, and their efforts wove much rotarded by tno sudden rising of tho rivors and crooks. On Thursday night tho Arnold Rivor roso aix feet, and ran with such a rapidity that ' tho drags could not bo sunk to tho bottom. Tho party had a flno opportunity of draggiag tho Still Water, but nothing was found. Thoro cannot now bo tho slightest doubt that the missing gentleman has boon murdorcd and buried, as it is well known that tho suspected parties, who havo now boon arrostod in Nelson, carried a spado with them. With roforonco to tho vocovery of the gold stolon from tho Barwon, tho " Sydney Mail' 1 of tho 7th inst. has the following : — " It will be in tho recollection of our readers that on Tuesday, tho 10th April last, an oxtensivo robbory of gold was found to havo beon committed on board the Barwon on her voyago from Hokitika to this colony. Tho Barwoii, under tho command of Captain Lowrio, arrived at tho Commercial Wharf.on tho ovoning of Monday, April 9th, having brought to Syduey 23,160 ounces of gold — 11,000 ounces of whioh woro consigned to tho Batik of Now South Wales, the remainder to tho Oriontal Bank. On tho following morning, whilst tho gold was boing nomoved from on board, it was discovered that ono of tho boxes, containing 1000 ounces consigned to tho Bank of New South Wales, was missing. Suspicion fell upon threo persons— Charles Nixon, steward ; William Smith, assistant-steward 5 and Margaret Daniols, stewardess — who woro charged at tho Central Police Court with having committed the robbery, and, after several remands, Smith and Daniols wero committed for triali Nixon boing discharged. At tho lato sittings of tho Criminal Court a postponement of tho trial was granted j and on Tuesday, May 29, Detective Bowdon was despatched to Now Zealand to procure additional ovidonco aud information. About three o'clock on Thursday aftornoon, such information was given at the detective office as led to a search boing mado on tho Queensland Company's Wharf by Detective Elliott, who succcodod in finding the gold buried but a few inchos below the surface of tho earth, in the angle formed by tho fence and tho Custom-houso officer's box, and not far from where the Barwon lay. Tho gold was found deposited in tho original bags, eomo of which, however, had dcoayod, and tho gold had got mixod with tho soil 5 both soil and gold wero carefully placed in tubs and romovod to tho detectivo office, whoro it will bo washod and weighed. It is boliovod that the whole of tho gold has beon recovered. Strango to say, tho day after tho robbory was discovered, dotoctivos Bowdon and Elliott woro engaged searching on tho othor sido of tho fence which separates tho Queensland Company's Wharf from tho Commoroial Wharf, and within a fow inohos of tho spot whoro tho gold has been found. Tho ground whoro tho gold was found buriod consists of looso coal screenings, whioh are easily turned over and tramplod down again without uiak' ing much show, and this will partly account for tho Bpot not having been doteotcd boforo. Numbers of peoplo wore on Thursday congrogatod on tho wharf witnessing tho operation."