The Taranaki Herald. THURSDAY FEBRUARY 10, 1876.

Wanganui Herald, Volume X, Issue 2702, 10 February 1876, Page 2

The Taranaki Herald. TH URSDAY FEBR UARY 10, 1876.

We return to the subject of laying 1 off District roads. Thore can be no question that if it were practicable, and the work properly performed, it would bo desirable that tire laying ofi' of roads should always precede settlement. There are however gra/e difficulties in the way of such a course in so broken a country as forms much of this Colony, so that it is only after the contour of the ground becomes pretty well known, and after rough tracks have been opened through a locality, that the proper road lines can be easily determined. It is nut easy, too, to see how such a course could be pursued in Native lands. Eut besides this, our experience iv this part of the Colony is not such as to lead us to put much faith in the entrusting of such work to the Government, while the actual construction of tha roads has to be left to Boards, to say nothing of the laying off of roads on paper, as was done by the New Zealand Company's surveyors. The complaints which reach us as to the manner in which such workhas been performed near Wairoa, and in the Parac-Karetu Block, seem to indicate that it is not sate to eD trust it to gentlemen of that profession. In fact, when we reflect that surveyors' work is all done in straight lines of as great length as possible, meeting each other in angles, while roads, if on slidslong ground, must consist of a succession of curves, and, if on the level "•round, ought never to have more than a few chains of straight in any one length, and the straight portions connected by curves, it becomes pretty evident that surveying and road-engineering have to be conducted on such different principles, that to entrust the laying- off of roads to survcyois is very likely to lead to the work being performed so as to produce inferior roads to save the surveyors trouble. In fact, some pass ages in Major Palmer's report on the Colonial Surveys, in which he speaks of difficulties or inaccuracies as arising t'ro'ii Road Boards in the other island constructing the roads otherwise than as laid off by the Government surveyors, seem to show that such roads there as well as here have been injudiciously, if not unpractically, selected in the first instance. When therefore the Government is opening up country for settlement, and it is intended to provide for internal communication, an engineer party should bo first sent, over the g-round to lay off a proper network of roads which, when constructed, will afford access to ;ill parts of it from all others, and from tho surrounding country ; and the road system so laid off should be used as the basis for dividing the block into sections. Jf, on the other hand, it is thought more desirable, as we believe it to be, to lay off' the roads after or concurrently with settlement, under a right oi roadmaking reserved in the Crown Grants or otherwise, it becomes necessary to put the manner of doing so on a far better and clearer footing than at present. No one now seems to know really how these rights stand, or what they mean,

or who should exorcise them. When such rights were first reserved, thoy were limited to the construction of one road, a chain wide, through the 'granted land. Ten per cent was added to the section, and if seems to have been distinctly understood that this was a consideration merely for the Government retaining a bare right to make the road, and that the land taken for the road, and all damage done to the property generally in the taking, would be paid for. Afterwards the percentage was decreased to 5 per cent and less, and the reservation made a general one. Somehow, too, it came to bo understood that the surplusage was so much land which could be taken for roads free of payment, though whether such a construction could bo maintained in a court of law is by no moans clear ; for, while the language used respecting" these reservations in s )ine of the Acts we enumerated in a former article might well bear such an interpretation, it seems uttctly opposed to thu wording and spiritof others Lt has always, too, been the fixed policy of English law, in its desire to protect the liberty and property of the subject, to confine all crown rights to the iuvlowest limits that the words describing" them will allow, and therefore lawyers might not hold that a right, to make a road in a man's land would cover one to take the land for the purpose without payment. But whatever the meaning and extent of the right, we find that, in a number of successive Highways Acts a clause was Musei'tod limiting" the reservation to " one main and one cross road, and no more.' 1 Doubt arose as to whether both, or only the hitter, of these terms would apply to district roads. Under any circumstances tho impolicy ofsuch a limitation in respect of the large blocks of land that have often been included in one Crown Grant was so obvious, that the clause has been omitted from tho last two lets. It dor\s not follow, however, that this would restore the right to make a third or subsequent road in lands granted before, or while the /Vets containing the clause were in force. But as if the above was not a sufficiently pretty tangle to bewilder the Boards and public, a question existed as to the authority in which the reserved rights were vested. The Provincial authori ties claimed to be the holders of the right, while, on the other hand, the present Chief Justice, when AttorneyGeneral, advised the Government that it could only be exercised by the Governor, or by persons to whom hfs delegated the power. Neither, it will be observed, made any use of the right, or was likety to do so ; yet when one of our Boards, acting on the Attorney-Gene-ral's opinion, applied for a delegation of the Governor's powers, the Colonial Secretary sent bade the application with an intimation that "according to official routine it must come through the Superintendent," and the letter, on its being sent to him for transmission, refused to forward it. To crown all, the r3servat ; on has lapsed in many cases under the Crown Grants Act, and in justice, if not in law, has done so in so many more, that except in the case of lands boutrht at the last two land sales and a few native blocks, it is doubtful whether it is in force at all in this part of the province. Now, it is evident that those rights ought to bo clearly defined, and that whore they exist they should be pat into tho hands of the Boards, or of the authority intended to exercise them, together with such information as may enable them to bo exercised. Some persons seem to think that thoy should be exorcised by some Governmental authority, while others consider they should be given to the Boards. There are of course arguments in favour of both propositions ; but on the whole we incline to the opinion that the latter wouUl be the preferable course, both as bringing in the public opinion of the locality as a check on any undue partiality, and as tending more diivctly to ensure the. laying off of the roads so as to be capable of as easy construction m would be compatible with the efficient service of the District. But one or the other of these principles ought to bo distinctly laid down ami embodied in the Act, so ns to make its provisions clear to all. In the absence of an understanding as to which principle might be affirmed by Parliament or adopted by the Government, as a basis in this matter, it would not be easy to suggest a routine to be followed ; but this known, any engineer ■who has had experience in the preliminary proceedings respecting Public Works at home, and in Road Board business in the Colony, ought to be able to devise a scheme Avhereby roads might be laid off with a proper regard for the public convenience, and yet without unjust disregard of private interests, or needless injury to private property. The question ot roads is one of the most important ones to be considered in the curly stages of Colonial history, because it has so many ramifications, and so directly affects progress. It embraces the great main roads of the Colony, what may bo termed the main District roads, the cross roads, rights of way, and what appears to have boon greatly overlooked, provision for temporary linos of communication till the permanent ones are constructed and ready for use. Somewhat different provisions would be best suited for these different classes, yet in

all the Higlmny Acts we have socu one stereotyped routine, more or less inapplicable to each, has been laid down for all. In regard of the last point, in some Provinces very inferior, but temporarily practicable lines seem to have been laid oil" as roads, leaving better ones to be substituted for them afterwards. The effect of this is that settlors lay out their lands in reference to the temporary line, and it thus becomes very difficult to alter it, owing to the damage by severance that the alteration would entail. In fact, we may say that this course defers indefinitely the laying off of suitable and satisfactory roads. In others (Wellington for instance) provision is made for laying off the permanent lines, but not for temporary communication ; and thus we find all sorts of quarrels arising between neighbours,onc passing* through another one's land, and that other resenting it as a trespass. In fact in nt least one instance lately it has seemed a.s if the laying off of ti road was a public injury, for our R.M. Court has, in two successive cases between the same parties, decided that the public had a right to use an old native track till a permanent Highway was laid off. but that the mere laying off of the latter, though it was known that the Board's funds would only allow of its being constructed piecemeal in a course of several years at least, gave the owners of the interested lands a right to shut up the old track. Tlie ri»-lit course would be to provide for the laying off and construction of proper permanent lines, but to keep temporarily practicable, though very inferior routes open till the permanent ones are constructed. There wouM really be no difficulty in putting' the temporary lines on such a footing' as to meet the objection which is made, that provision for keeping them open lor the time would tend to defer the construction of the temporary ones, and in any case, such a tendency appears a very inadequate excuse for the infliction of such an injury as is sustained by the public through the closing of them. In fact, the great point which needs to be considered in framing' any act respecting roads is the holding of a just balance between public interests and private rights, and it is not easy for persons who have only a theoretical acquaintance with the subject to provide for this. Last year the Orovernmeutinvited suggestions from Chairmen of Road Lsoards,on the subject generally, but judging 1 from the Act which was laid before the Assembly, cither the suggestions received were impractical, or they must have been disregarded. Parliament must, howover, legislate on the question very shortly, in connection with the measure for local government, and therefore the sooner and oftener public attention is directed to it in the meantime, the more likely wo are to get it satisfactorily dealt with.

It has been observed that there is a marked want of energy in pushing forward Ike railway between Wanganui and Pafcea. Tenders have not yet been called for the second section, though the surveys, we are informed, have for some time been completed. We trust that there will be no more delay. There is no visible reason for it, not even the proverbial scarcity of labour. This plea can no longer be urged. While there is a large body of unemployed at the Thames, there can be no excuse for delaying contracts on that account. In connexion with this subject we understand that our member, Mr Bryce, who is on his way to Wellington overland, on private business, will bring the subject before the notice of the Minister of Public Works.

Smith's Combination Troupe as will be seen by an advertisement, is to appear iv Wanganui on Tuesday tlie 15th inst. Tho Grand Stand is progressing with all due lwisto, the structure appearing substantial and suitable to the growing importance of racing iv the District. Tho Race- course lias been improved by fresh turf being placed iv tho broken places. Pigs have been destructive, but as all found tresp.-issing are shot, the nuisance, it is hoped, will soon be abated. The Committee of the Jockey Club is showing itself competent to maintain the interests that have been confided to it.With limited funds it has done wonders already. The purchase of the lease which had been obtained from the Trustees of the Course,and contingencies, entailed the payment of £100. A house has been erected for a caretaker, and a costly grand staud will have been finished by the time of the meeting. The Course will be mown, and made as (it as time permits for the races. In addition to all this, regulations have been made for a Derby in 1877, and a respectable sum ot money devoted to the events of the present year. This is very eucouragiug. and speaks strongly for the business oapacity of the Committee. Next year will of course show a much larger amount of money for the principal races, and the Course will undergo a series of improvements which will make it one of the best in the Colony. It is intended to fence off the running part of the Course with a ring fence, which will preserve it, afc the same time that it will enable the Committoo to let the central part for grazing purposes. This is tho first time that we have had to write with unqualified pleasure of the spirit and judgment with which the interests of racing in Wanganui are being advanced.

The N.Z. Times says— "There are moreprisoners in (he Wellington gaol just now than ever there have been before, viz., 84. The wain for increased accommodation is much felt, but it is one of those little matters that must stand over until after the provincial changes have beeu completed. Charles Kerty, an inmate of the lunatic asylum, Nelson, was found by the warder on Wednesday hanging from the ventilator, quite dead. He had torn his counterpane in strips, and then fastened one ond round his neck and the other to the ventilator. A man named Robert Johnston recently attempted to cut nis throat with a razor at Mercury Bay, Auckland. Scarlet fever was fatal to 251 persons in Melbourne and suburbs in tho month of November last. The deaths from the disease during the four months, August to November, both inclusive, were 509. The deaths from the same cause for the four weeks ending 25th December, were only 155 . For the week ending the 4th the fatalities were 40 ; 11th, 40 ; 18th, 38; and 25th, 37. The Auckland public has been mightily offended because Mr Every McLean published a letter in the Cross in which he stated the farmers in that province were nothing but wholesale gamblers. A letter from the pen of Mr Golemau Phillips, a gentleman well known in Auckland, published iv some of the papers there, lias caused not a little stir. Mr Phillips suggests the opening of steam communication with New Caledonia, as one of the first steps to secure commercial supremacy over the South Sea Islands. Since one or two parties of communists have made their escape to Australian shores, where they behaved well, and received much sympathy, tho somewhat foolish fears as to their possible demoralizing influence over Australian Society has very properly disappeared. Auckland is as near to New Caledonia as is Syuney, ami there is good reason to believe that in time regular communication with the French colony would prove of great advantage. " Cameo," in the Southern Cross, says — I believe it is a fact that His Honor the Superintendent, Sir George Grey, X.C.8., was introduced to the Chevalier Blondiu the other day. My informant further states that an animated conversation took place between the two distinguished personages. I cannot believe him, however, when he tells me the subject upon which they seemed so excited was the emphatic refusal — with all due diplomacy of course — by Sir George of the kind offer made by the Chevalier to carry his Honor ou his back in one of his fuuambulatory exhibitions. I rather believe that there was a mutual recognition of each other's capability for managing a poll, so as to keep the eyes of all looking up to " see what they shall see." With respect to the scratching of Haricot, the Geelong Advertise!* learns that a year's careful attention to tbis speedy animal, and an excellent prospect of winning for his popular owner (Mr Chirnsidc; the Geelong Cold Cup, " was in one brief minute thrown away by the careless act of an ill-tempered boy. It appears that something happening with Haricot's bit, the lad in charge of him was unable to get it out of the animal's mouth as quickly as he desired. Haricot became fidgety, and thereupon a blow on tho head was administered, which caused him to rear and fall backwards, breaking the tip of his tail -bone, and otherwise injuiing himself. Mr Chirnside would rather have lost £500 than that such a contretemps should have happened.as Haricot was never more fit, and he felt confident of winning a trophy which he told Mr Taitlie would win before he had done, and it was with his Melbourne Cup winner he expected to be able to carry out his promise." A Fiji paper gives the following account of the affaii between the American Consul and Colonel Stoinberger at Samoa : — By the arrival of the Visiou from Samoa we learn that a somewhat serious complication seems to have arisen in that place, in which Colonel Steinberger and the American Consul appear to be the chief parties concerned. It will, no doubt, be remembered that the Colonel was accredited upon some special mission to the South Seas ; but his mission has expired long since, and he is, ot course, now only known as a private individual. This insignificant position docs not seem to suit the gallant o facer' a predilections, \atul he has been rendering himself very obnoxious to some of the authorities. Some short time back Ihe committed a breach of what are known jas the American Neutrality Laws,and the consul his of nationality determined to arrest him and a vessel which he had, or has, in Samoau waters. With a view to effect this purpose, Captain Stevens, of H.M.s. ' Barracouta,' was applied to for assistance, which he did not feel himself authorised to give. Upon this, the consul placed the "Marshal," acting under his authority, on board the vessel and seized it ; and, upon the Colonel attempting to regain possessiou by means of an armed force, again applied to Captain Stevens, who, as we are informed, did not upon this occasion refuse his aid. Colonel Steinberger has entrenched himself and declared vengeance agninst the American Consul, who is supported, however, by the King. The Consul for Germany sides with the Colonel, but it is more than whispered that this is owing to the fact of his being somewhat largely interested iv the vessel. Colonel Steinbtrger brought with him a couple of Gatling guns, and has constructed a round fort, with which he intends to defend himself. Captain Stevens, of H.M.s. ' Barracouta,' has despatched an officf>r,SubLieut. Collins, to Sydney for instructions from Commodore Iloskins. The whole affair has been referred home, and, pending advices it remains in stataquo.

The Government is already getting the line cleared to erect the wires which arc to connect with the Australian c iblo. The little steamer Ino, well-known here, was recently offered by auction at Nelson, but was bought in at £950, the reserve being £1,000. Is it impossible to rid the Court House of the unpleasant odoivs which continually an* uoy the officials, and often force those whose business brings them inside the building to beat a hasty retreat ? This (Thursday) morniug it was hardly possible to stay inside, and should cases of typhoid fever occur through the existence of such a huisance in a court of justice, we should be in no way surprised. We commend the locality to the Inspector of Nuisauces. Very few Maories have been about the town during the last two or three weeks those who generally visit us with produce, or camp on the foreshore for want of anything to do, having goue up the river to assist in harvesting — a, work of which there is a good deal this year. Beyond some peaches and plums no produce whatever has of late been brought to town. We direct particular attention to the fact that'theEepresentative Reception Committee meets at the Commercial at 8 p.m. to-mght (Thursday) in place of Monday the 14th. The business to be dealt with will bo of considerable importance. It will be seen on reference to our advertising columns that tho Ransitikei Hospital Committee is advertising for tenders for the ! erection of a Cottage Hospital. There is not much time allowed, Saturday, the 20th inst, being the last day on which they will be received. We are glad to see that the Committee have seen its way to take this important step,and trust they will receive such tenders as to guarantee a speedy completion of the building. We rsgret to notice that a number of men who have until lately been employed on the Railway Works, have taken passage to Sydney in tho Falcon. These men came out a3 assisted immigrants a few months ago, and only leave because they are unable to find work such as they have been brought up to. One of them is a locksmith, the others being machinists, having been employed in some of the large establishments in tho German Rhine provinces. Had they been sent to a part of the Colony where they would hare obtained employment at their trade, there would have been achause of them remaining in the colony ;but it can hardly be expected that thoy would turn navvies while they have a good prospect of obtaining more suitable employment. Water has beeu turned into another section of pipes in the Avenue, as well as inco the branch along Glasgow and Bell Streets, aa far as the Barcelona Nursery. All the pipes Stand tho tost well, nnnA nf fcViovn nliowing any sign of giving way. At Ingestre Street wator made its way to the surface, and it was at first thought that one of the pipes was cracked. It was foun<3,however, that one or two bolts at a junction did not fit on as tight as they should. Men were engaged remedying this to-day. The Wheeler Troupe made a somewhat unexpected appear auce here yesterday (Wednesday), and will open in the Odd Fellows' Hall on Friday night. The company has been well received in other parts of New Zealand, and appears to number among its members some very good characters, The critiques in our exchanges are also 'ndicative of high talent possessed by the Troupe, and we may therefore expect to see some very good performances. Scarlei fever does not appear to take a firm hold in Auckland. According to the Cross there have been but a few isolated cases. We have been supplied with some further particulars regarding the death of the man Michael Braunigau, who was one of a survey party in the bush above Feilding. It would appear that the two other men had n^t gone for their Christmas holidays, they being over. After Christmas they had shifted camp, and also carried up a lot of provisions. They then again went down, leaving tho manual the camp, as he did not feel quite well. They intended returning within a short time, but the Oroua river rising while they were down, they could not do so, as part of their way was in the bed of that river. When they got back they found him dead, he having evidently died soon after they left him. Mr Fly^er, one of whoso staff he was, was at once communicated with, as also Constable Price, of Feilding. Everything appearing right to them, the body was buried. Brannigau was, we beHere, an old soldier, and somewhat intemperate. He was often unwell, and used to say that a spree alone could cure him. He wai also subject to some sort of fits, during one of which it is thought he died. A report that he was left without provisions is incorrect, as there were in camp 4001 bof flour and a large quantit} r of meat. A Nelson firm advertises for 500 bushals apples, and offers to buy plums and pears in any quantity. The erection of the flagstaff did not take long, the topmast having been put up to-day (Thursday), and it might have been used for signalling had any vessel boon in sight. Tbe contractors hare certainly shown all possible | speed in their work. The ugly gap between the Rutland Chambers and Mr S. Hooper's hairdressing establishment will soon be -filled up. A frontage of about twenty feet, being that pare next to the Rutland Chambers, has been taken by a gentleman who has only lately come to Wanganui, and who intends erectiug ou it a handsome twe-storey building, the lower

PUt of which will be used as a shop. The buildino: would have more frontage than that now proposed were it not that the other part of the ground has been taken up by Mr G. Brown, watchmaker, who intends erecting a shop there. The ground for the foimer building is already being cleared, andsomeof the piles are on the ground. The corner shop formerly in the occupation of Mr McNiven, and now held by Mr Neary, is not likely to stand much longer. We understand that Mr Sharpe, has obtained a lease of the grourd, and will remove the old building, which is far behind the times, and erect in its place one worthy of the locality. A barefaced attempt at stealing was made at Messrs Bridge and Ward's to-day (Thursday.) As Mr V. Gronvall, the well-known carrier, was walking past their shop, he noticed a man take up something, which he was putting under his arm. Mr Gronvall went into the shop, and informed them of what he had seen. Upon this Mr G. Armstrong looked out just in time to see him walk off with a whole suit. He was stopped and told that he would be arrested. Talking of resisting the police, Mr Gronvall made short work of him by putting him on his ba«k, and holdiug him, with some assistance, until the arrival of two constables, who lodged him in the lock up.