The Evening Herald.

Wanganui Herald, Volume x, Issue 2698, 5 February 1876, Page 2

The Evening Herald.

SATURDAY, FEBRUARY 5, 1876.

One of the most important, if not the most important, of the Acts which will have to be framed by the new Parlia ment is the measure tor local selfgovernment which is to take the place of Provincialism ; and one of the most important portions of the measure will be that referring to the construction of roads. It is felt on all hands that, though the present Highway Boards are a great improvement upon the petty ones in vogue a few years ago, yet that their duties are not altogether satisfactorily discharged. Ratepayers, of course, incline to charge the Boards and their officers with indifference or. supineDess ; yet reporters and othuie whose business leads them to attend Board meeting's , and who hoar Board business discussed for hours at frequent intervals, cannot help perceiving 1 that the great obstacles to progress are insufficiency of funds,and the confused and doubtful state of the law. Important questions are discussed at meeting after meeting ; all sorts of means of dealing with them are urged and abandoned as impracticable, and at last the questions are shelvod, or allowed quietly to slide out of sight for ihe time, appparently from sheer inability to .see what course can legally be taken. If an opinion is obtained from the solicitor, it is almost certain to be so oracular as to be capable of several interpretations, and anything which indicates advice to have recourse to legal proceedings appears to strike terror into the minds of the older and more cautions Wardens, who seem to see only a propect of certain failure in a pourt of law. TJie cause of. this ijnsatis-

factory state of affairs evidently arises from the fact that, instead of the law on road matters being contained in a clear and intelligible code, it has to be gathered from a host of sources, Colonial and Provincial. Ostensibly these are as follows :—: — 1 . The terms on which land was sold by the New Zealand Company ; and the several Crown-lands Acts which have been in force from time to time, with tho regulations issued pursuant to thorn, and under which lands were bought. 2. The several Native Lands Acts. under which Crown Grants with reserved rights of road-making have been issued, though no regulations seem ever to have been made respecting how, or hj whom, such reserved rights should be G X Gl*Cl S G cl 3. The " Highways Act " of the Province of Wellington. 4. The " Highway Boards Empowering Act " (Colonial). 5. The "Lands Clauses Consolidation Act." i As some of the above Acts aro supplemented by Amendment Acts, it is scarcely strange that different portions of them should conflict, so as to leave it doubtful what is really the law on particular points ; but in addition to this, the Avhole are contravened or overruled by a Colonial Act providing for the constitution of .Road Districts and Boards in localities still belonging- to natives, and by what is known as the " Crown Grants Act 1866." This last is, in its effects on road matters, one of the most injurious enactments that it is possible to conceive. It provides thatall rights of roadmaking reserved in any Crown Grant shall lapse unless exercised within 5 years ; and thus any one who objects to his neighbours getting a road through his land has only to throw such impediments in the way as to stave off the construction of the road till the five years have elapsed, to have the Board and public at his mercy m the matter. The five years aro made to commence, too, from the date of the issue of the grant — so manifest an injustice to those whose lands have been left unsurveyod for thirty years as in itself to be provocative of much opposition. Then, to complicate the case still further, e'rave doubts exist as to the validity of the Provincial " Highways Act," and consequently as to the legal status of the Boards constituted under it ; and to crown all, at least one of the Acts which we have named above, as ostensibly forming 1 a portion of our road law, has never been brought into operation in this Province ; though, as it prescribes the manner in which Boards shall discharge some of their most important duties, and is actually the only enactment on that particular subject, the Boards have no choice but either to let the business to which it refers slide altogether, or to proceed as if the Act were in force, trusting 1 to the settlers' ignorance of its not being so, for their action passing muster. The anomaly of Boards whose constitution is doubtful being obliged to attempt to discharge functions according to an Act not in force, is so obvious, as to bo in itself a sufficient reason for sweepingaway the whole of the present confused mass of road legislation, and laying down an intelligible code of law embracing the entire subject. Tho only difficulty in doing the latter consists in providing for the various clauses of land tenure affected by it ; but as the existing confused laws fail to do this, it seems pretty clear that it would not be desirable either to attempt to prolong 1 the present position of the Boards, or to take those laws as a model in framing the new code. In particular those portions of the new Act which would deal with the laying off of roads through private properties would need special care in their enactment, and we purpose returning to this part of the subject in a few days, and considering- how such portions could be most satisfactorily framed, so as to secure to the public the benefit of roads, without infringing injuriously on private rights. . » The Melbourne Leader has for some time stoutly maintained that the Medical faculty are permitting Scarlet Fever to sweep away hundreds to an untimely grave, while they have the means in their hands of completely staying the spread of the plague^ Ib is something new for the doctors to receive their teaching at the hands of laymen ; but every quack remedy that is published in the newspapers is a protest against +he inefticacy of the old s chool system of treating disease. The Leader asserts that the wet pack is a certain remedy, but this is no new discovery, for the power of water when applied in this way in all fevers has been demonstrated by scientific exponents of the treatment like Dr Gully of Malvern. Our Melbourne contemporary writes :—": — " The slaughter of the innocents continues. It is no Herod that is at work, but a complication of causes, amongst which are ignorance of sanitary matters, and a disinclination on the part of medical men to run counter to popular ideas about curative agencies ; peihaps, in some cases, therapeutic ignorance on ihe part of the medico himself. It seems to be in vain that advanced medical writers ply their pens in making known to the world a cure for scarlet fever almost specific ; the wet pack, to wit. There oanbeno doubt about it. Some practitionors who know tho good effects of

hydropathy in fever cases hesitate about its employment from the difficulty of convincing parents that i\> can by any possibility be the correct thins to put a child, ill with burning fever, into a wet sheet. It would be out of place hereto prescribe hydropathy, or any other pathy, to check the ravages of the fell disease ; but all whose families may be unfortunately smitten cannot do wrong to inform themselves about the water cure, and suggest it to their medical attendants. There are several popular treatises on the subject, easily procurable, any one of which would give the desired information."

The Evening Post has quite seriously proposed that Col. McDonnell should be sent to arrange with Titokowaru the settlement of his claims to the Waimate Plains. In the opinion of nearly every settler in the Patea District the proposition is equivalent to asking that another outbreak should be provoked on this Coast. "In the hands of a person (says the Post) possessing the necessary prestige and influence with the Natives, the necessary negotiations might be successfully carried out without undue delay. Col. McDonnell has probably more influence with the Natives than any other man in the Colony, while his experiences of Native character and knowledge of the language would admhably qualify him for the work indicated." The statement that Colonel McDonnell has any influence with these Natives is notoriously opposed to the truth. Between Colonel McDonnell and Mr Booth Titokowaru was forced into rebellion, and were it not for the present pacific disposition of that chief, Colonel McDonnell would have paid utu the otlier day with his life when the Waimato attracted him into Titokowaru's camp. Titokowaru behaved with dignity when he declined seeing McDonnell, and we are assured that the letter written by the former to the latter meant that the visit was not to be repeated. The Post says H was " enigmatical," and that Tito is " sulky." In fact the statement in the Post ia evidently inspired by the Colonel himself, and is a tissue of misrepresentation. We need nob bring up the sorry past on this Coast, where Col. McDonnell played so melancholy a part. Our object in writing is to protest against Colonel ■McDonnell, while in the service of the Government, being permitted to endanger the peace of the Coast. The Native Minister could never have given his permission to the attempted interview with the notorious outlaw. But on a different ground, we direct attention to the fact that divided responsibility would be as disastrous now as in the McDonuell-Booth regime in Patea, Major Brown is Native Commissioner. He alone is responsible for the success of negotiations, and to appoint another in the manner proposed would be neither sound policy nor common sense. Colonel McDonnell, however useful he may bo in Auckland, has not the confidence of six people in Wanganui or Patea. The Native Minister will take care that he pays no more visits to Titokowaru. Another might be dangerous to the Colonel, and would certainly be so to the interests of peace.

The Colonial Representatives will arrive here early on the 23rd instant. No better day could have been chosen, as they will land between nine and tea o'clock, it being high water at 9.22 a.m. The Committee wil thus be enabled to arrange their programme under the most favorable circumstances, a 5 * there is almost a clear day before them, on which they cau do whatever may appear best. The interest takbn by tho public is a good guarantee that whatever is decided on will be supported in a spirit worthy of the place. The work of erecting the signal station on the hill opposite the town will be commenced on Monday morning. The signal man complains that his flags are worn out and rotten. It would be useless to apply to the Provincial Government tor the cost of a new set. The price would be about £10, and it would be the right thing for the Municipal Council to vote the amount. From no other source is the money likely to come. The Evening Argus takes Mr Hutchison to task for sitting on the Bench when rate cases are heard. Our contemporary says : — "You may regard it as your duty to your country, Mr Hutchison, but did ifc not strike you as a little unbecoming that you should take your seat on the Bench this morning during the hearing of a case in which you wore a plaintiff ex ojficio ? It was sweet and commendable that you should sustain the cause of the City Council as against persons who chose to appeal against rates. Perhaps you will say that you did not intend to sustain the cause of the City Council. It would be indelicate to suggest tbat you felt interested in the success of the appellants ; then it'must be that you were au impartial spectator.. Tho place for impartial spectators is the body of the Court, and under the circumstances it would have been better that j'ou should not have taken a seat on the Bench." A Melbourne exchange says :—": — " Mr Ilawlinsou, C.E., proposes to widen the Yurra basin to 1000 feet, and deepen it to 20 feet, and to cut a channel to Wi.liamstown of the same width and depth. lie estimates the cost ut £10,000,000, and the returns at £11,000,000.

Mr Fred. Bright, a well-known settler in

the Paikakariki district, has, we learn, become the proprietor of the Telegraph Hotel at Otaki, having purchased Mr James Prosser's interest in it. We remind the public that Mr Anderson's Art Union comes off in the Odd Follows' Hall to-night (Saturday) as advertised. The pictures were on view at the Jlall from 12 o'clock to-day, and drew not a few spectators. Ticketholders are requested to pay thijir respective amounts before the drawing takes place. Regarding the recent capture of salmon in Tasmania, the Hobart Town Mercury of January 12 says:— "Another haul of young salmon was shown yesterday morning in the window of Mr Ivearns, fishmonger, Elizabeth street. There were 20 in all, weighing from about 21b. to ijlb., and had been caught in a Seiuc net in Sandy Bay, near to the place where the previous slaughter was made. While it is satisfactory to have such indisputable evidence of the great fact of the successful acclimatisation of the salmon,it is j lamentable to think the whole experiment, after success has been proclaimed, should thus be put in jeopardy by such wholesale destruction of the young salmon. Statutory prohibition is at present out of the question, | but protection might be afforded in some degree at least were the fishermen tempted with a higher price for every living fish than what they "can get for the breakfast table. Were the fish put back alive into their native element, we feel assured Parliament would willingly authorise Government to recoup the commissioners any sum they might thus spend in preventing what threatens to become on the part of the fishermen, a war of extermination." The Auckland correspondent of the Otago Daily Times writes as follows regarding one of the new Auckland members . — The only recent election is that of Sir Robert Douglas, Baronet, and as he is the first baronet who has taken part in New Zealand politics, your readers may like to know what manner of man he is. Sir liobert "Douglas is at the present moment the chief of the elder branch of that historic family — the representative of the Black Douglas, from whom he is directly descended. He was a subaltern officer in one of the regiments here, and sold out to settle at Wangarei. He served in the Crimea and the war here, and has also, I believe, seen service in India. A man scarcely yet of middle age. He has a farm of no great extent at Wangarei, and prides himself upon being able to do as hard a day's work on that farm — either at bush work or ploughing — as any man in the district. Far from wealthy, he is universally esteemed for his high character and independence. Proud with the true pride of a gentleman, he scorns whatever is mean and dishonest, but has none of the superciliousness of the noveaux riche or parvenu. For several years he has been quietly at work on his farm, and was but little known till elected for the last Provincial Council. Now he has been returned by a large majoritj' for the Assembly. He will go there a Centralist, to which persuasion his cast of mind inclines him. Further experience of New Zealand politics and New Zealand parties and statesmen, will probably convert him to the opinion that in diffusion of power lies our only safety. We may be assured, however, that be his politics what they may, the Assembly will contain no man in whom trickery aud jobbery will find a more determined foe. Such men will probably be required after so sudden and so large an expenditure, if the experience of other countries is to be taken as a guide. Sir Robert has not yet developed any power as a speaker, but has undoubted ability, is widely read, and thinks deeply. If he takes kindly to politics and devotes himself to them he will be sure to acquire influence with experience, and his support will be of value to the party to which he may attach himself. Mr W. R. Hastwell, the proprietor of the Wairarapa and Wellington line of coaches, was a passenger per p s Manawatu yesterday (Friday), and will, we understand, make a short stay in Wanganui. It would appear that Major Edwards is not likely to leave Wanganui till the end of the mouth, he having, as Sheriff, to wind up matters in connection with the case of Whitlock v. Parsons and another. ■ As soon as matters in connection with this case are settled, we understand it is his intention to proceed to Canterbury, where he will spend some time with his friends. The following telegram from Christchurch appears in the Evening Post : — The Kaiapoi clerical scandal has given rise to' considerable party feeling throughout the Province, The Bishop after perusal of the evidence taken before the Commission of Enquiry, wrote a long letter to the parishioners of Kaiapoi,tryiug to smooth over niaLters,saying that tha charges against Mr Carlyon had been overstrained, and that Mr Carlyon had erred only through over zeal. The letter was generally pronounced by the members of the Church as a great mistako on the part of the Bishop, and at a meeting subsequently held u'fc Kaiapoi, tho parishioners passed a resolution requesting Mr Carlyon to resign ; but he refused to do so. A long article on the case appears to-day in the New Zealand Church News, of which the Dean of phristchurch, who was a member of the Commis r sion of Enquiry, is editor. The article .concludes as follows : — "The clergyman against whom all the charges are brought, aud admits so large a proportion of them, is n bold, consistent and active" adherout to that party whose deliberate and avowed policy it is to reverse the work of the reformation and to Romanise the Church of England. This being the case, we feel bound at the present crisis to speak out our mind with all possible plainness as to the teaching aud prac-

tices of this party. The New Zealand Church, if we do not greatly mistake its mind and temper, will have none of them, and with legard fco the individual clergyman who has been the cause of the present agitation, we believe there will be no peace for the parish of Kaiapoi or for the diocese ot Christchurch so long as he holds his present office." Ifc was currently reported in town to-dny (Saturday), aud we have every reason to believe that it is true, that a former resident in Wangnmii. who was noted for having given all religious bodies a trial while here, and who recently went to Wellington, met the Mormon elders there, and was by them convinced of the correctness of their faith. This is probable the first convert Wanganui has furnished to the Salt Lake polygamists, and for credit's sake we trust he is the last. A special coach was driven through the Forty Mile Bush from Master ton, arriving at Palmerston yesterday (Friday). Among its passengers were Messrs Jackson and Kellcher, of the Survey Department. Messrs. Abrarns' have lost no time in commencing to build their punt on the foreshore opposite the Market Place. The frame was up yosterdav (Friday), and the planks are now being put on at sucli a rate as to promise a speedy completion of the woik, For some day? past the town has been liberally placarded with handsomely lithographed ])osters,most of them, headed " Willard's Wanderings," while Azelia and other names appear in large plain letters. Of course, everybody reads them and laughs at the grotesque figures represented. The next thing is to ask what it is ; for "Smith's Combination Troupe " appears ou but few of them. This troupe intends visiting Wanganui at an early date, and would have come up to open to-night had it not beeu found that the Hall was engaged. The troupe is highly spoken of, and if half what is represented on the posters is put be tore the audience, there will certainly be plenty of amusement. We may expect them to arrive per first steamer. We were not surprised to see that the sections at Eastown went off without difficulty yesterday, but were scarcely prepared for such prices as those obtained. The lots were for the most part eighths of acres, and brought au average of £li 17s per lot, or over £72 per acre. Doubtless Mr Churton's liberal gift iv the shape of sixty acres for a park, helped a little, but the sale nevertheless shows that the public has not a little faith in the future prosperity of the locality. We doubt whether any of the buyers would part with their sections unless they received a very considerable advance. Kynib.il Bent is a name that ougfhfc to be familiar to all old residents in this part of New Zealand. The man was formerly a private in the 57th Regiment, and deserted about the time when Col. Hazard waa shot. Enquiries failed to furnish more than the fact that he was among the Maories. He is now said to be in Wanganui, although the identity is disputed. Whoever the man may be, he bears a striking resemblance to the deserter, aud is called Kyrnbal by those with whom he associates.