SUPREME COURT.

Wellington Independent, Volume XV, Issue 1325, 19 February 1859, Page 3

SUPREME COURT.

THE INJUNCTION CASE,

Lindsay v. Featherston.—Tbe second attempt of tbe Rowdies to throw this Province into confusion and stop the public expenditure, by obtaining au injunction to prevent the Superintendent from issuing warrants for the payment of public money, Citrne" on in the Supreme Couit on Wednesday ; and like their previous attempt before Mr. Justice Gresson, entirely broke down. The case was.taken into court by Mr. Borlase, the would be Provincial Solicitor of the party—and immediately behind him sat Mr. E. J; Wakefield, Mr. William Allen, Mr. Aitchison, (wbo by the several hiuu which from lime to lime he »aye Mr. Borlase, appeared to be a prime mover in the case:) while in' tbe gallery and other parts of the Court there: ; .'was a very full attendance of other proininenl members ol the party. They had we are informed been extremely " cbckahoop " up to the commencement of tbe proceedings, betting 3 to I on the result; but as the case proceeded aud their advocate Mi. Borlase floundered out of one difficulty into another, like a woodeu legged man in aswamp their countenances fell,and several of them iairly put their tails between their legs, and bolted from the Court. The first to go was Mr. Wakefield, who seldom sticks long by a falling cause—hewas quickly followed by Mr. Allen—-and ihe creaking boots of several others of the party soon sounded oh the floor--so that before the case closed, psrhaps not half of them remained who had been present at the coraonacsmeiit. 'Their game was up—and they knew it. The £20 collected iv Ihe circulated hat was proving a bad investment, a shocking bad investment in a shocking bad. hat, and even their power of face could not sit out the coming charge ofthe Judge—the character of which was discernible by the course the argument took. '" '.

It is difficult to give anything like a verbatim report of the case. Mr. Borlase led off by complaiuing that some parts of the delendauts affidavits were irrelevant, iv which his, Honor concurred onlha ground that they tended to raise political questions with which he had nothing to do; while Mr. Bruudon (who wiih Mr. Ward appeared for the Superihteu--dent) 'alleged that the irrelevancy ori--giuated iv Mr. Borlase forcing a political case into Court; and attempting to turn - that Court into au arena for the settlement of political questions, which oughtto be settled before auoiher tribunal. Mr. Borlase was then proceeding to do what he rather facetiously called " argue the case," but was pulled up by bis Honor, who asked " who Mr. Lindsay was, and what, business he had to move in the matter." Mr. Borlase was considerably taken aback, but after a pause responded that Mr. Lindsay was a registered elector. "What then?" said bis Honor, "how" does that give him a right to; stop the Superintendent" from spending public tuuuey ?" Mr. Borlase thought that -every elector had an interest in the publio; money. "But," replied .his Honor, "you have not alleged in your affidavits that there is any publio money." Mr. Mr. Borlase looked uuutierable things,and turned over some blue books—but at last he read a clause from a General Assembly Act, which enacts thai surplus Revenues shall be paid oyer to the Provincial Treasurer'and, bo subject to an. appropriation by the.; Provincial Council. ''Well," said his Honor, " -then ? I don't exactly see what that has to do with it,but suppose they are subject to' such ap-propriation—-how if the Provincial Council does not appropriate ■/itf»t? i \vhere is there anything to prevent; the Superintendent from spending the Revenue-?.' Mr:Borlase.again, repeated -his assertion about - surplus revenue,.'-which:.the Judge harp pronounced immaterial; and his referenoe' to the Act. "You are arguing iv a'oirole' Mr.Borla.se—you argue that it is so because it is so, a .mere petilio. piikcipii ,-" naidHiis Houor.i. Mr.. Borluse thou tried to establish an ana'ogy bstween some law cases' in which shareholders iv railroads, had got " injunctions against Direotors, aud burgesses had succeeded against mayors. His Hbuor denied that these .cases bore tho least analogy co the.. present—shar-... holders had v direct" personal and primary interest iv thei, funds of a Railway

far more of the aspect of a well regulated dinner in English style, tbnn of the rude, wasteful, and obstreperous stylo ofraaori gormandising. A number of temporary tables covered with clean whiteeloths were provided ; stewards with white sleeves and aprons were in attendance and acquitted themselves well: dooifcccpers were appointed and order and regularity prevailed throughout all the arrangements. The tables were übundantly supplied with the requisite earthenware, knives and forks, decanters and glasses, &r. A capacious larder was attached to tho tent and the provisions were on an extensive scale. Baked fowls, joints of beef and pork, rolls, loaves of bread, potatoes, plum-puddings, wine, cordials, confection cry and cake, constituted the hill of fare. A private door of entrance was provided for such English ladies and gentlemen as might honor them with their presence. Il was because it was not very generally known tha*. a larger number of these was not present. Among the English guests we noticed the Revd. Messrs. Buller, Minchin, antl Rowse, Mr. ami Mrs. Riddiford, Mr. Ludlam, Mr. and Mis. Cbcyne, Mesdames Fitzberbcit, Swainson, Inncs, Beetham, Williams, Minchin, and many others. When the dinner was about to be announced, the Revd. Mr. Buller was desired by tho master of tho ceremonies, before he said grace, to inform the English ladies and gentlemen that accommodation was provided for all of them : that he would feel honoured by their company lo dinnor: hut if any were not disposed to accept his invitation lie would esteem it a favour for them to withdraw until the dinner should be over, as they, (the natives) did not wisii to be a mere exhibition. We were equally pleased aud surprised at this indication of self respect aud delicalo sense of propiicly; and were glad to find that nearly, if not nil, the visitors, very coiuially sat down lo Ilie repast. Throughout tbe whole, we observed most commendable order and tlio conversation, though lively, was generally in a (one of moderation veiy unusual among a large concourse of natives. The whole company stood up at the repitition of grace and the Rev. Mr. Buller addressed a few words, complimenting our hosts on tho very creditable style of their arrangements and expressing a hope that none of them would, in the course of the evening, diminish liis respect for them by indulging freely in wine of which a large quantity was in their cellar. His remarks appeared to he well received and up to the time ol our leaving, they seemed lo be regarded, At about Bp. m. the speaking commenced. The opening speech was deliveied by Wircinu Tako from which it appeared, (us afterwards interpreted by Mr. Buller) that the ostensible object of this meeting was to consider the subject of the Maori King movement in ihe North. The Speaker commenced by a very strong expression of loyalty to the British Queen, and of i aspect and attachment to the English colonists. He described the very great benefits which they (the maories) had derived from their English friends. He particularly rcfcired to tlie blessings of Christianity which they had received through English iiiissioimiics, and declared that lie hud no oilier object than , that of strengthening the bonds of union between the two races. lie quoted a saying of Sir George Grey which he often repented, " Exalt New Zealand"—and he made frequent allusion to one of Esoii's fables which the Rev. Mr. Iltitlon, formerly of tho Hutt, once translated and published in the " Karen o Pontile." He reasoned that tliey could not in any bettor way show their value for English Customs than to imitate them. The English had a Governor, so should they : The English Governor lived at Auckland, it was right tliut their Governor should also live in that neighbourhood. He fully concurred in the appointment of Tewhcioivhero (Potn(au) to that ollice. No man ho said was so loyal to the Queen its the man that is raised to the same platform with the English official, lie instanced the ease of the Rev. Levi at Otnki. He is, although a native, an ordained clergyman and whore will you find a more loyal man than Levi? Only have a native Governor and he will he not only the most powerful, but also the most loyal native of our race. His speech, of which the faregoing is the substance, occupied a long time. After giving a substantial iiilerprctation of it, Mr. Buller delivered a short address in maoii, in 'tlio course of which ho observed that it was not his intention lo express any opinion relative to a maori king. Ho was pleased with tliciv expressions of loyalty to the Queen and of confidence in Bvitish rule which he believed is general. He accepted their present proceedings in connexion with the king—making, asupiooftliat the native mind is anxious for Ihe maintenance of tlieir position. They sought to bo on an equality with their English" friends Tliut was a right feeling and he would encourage it. They were fully capable of it and "here was no reason why they should not attain it, if they only sought it in the right way. Tho question was wlicllici they had yet discovered the right way. lie would avail himself of this opportunity of pointing out to thorn wlinl he thought the best way of raising their political status. He bud often mentioned it to liis native friends ami he would now do so in this public manner tliut they might think very seriously about ii, for it was wurthy'of their very serious thought. He suggested that instead of wasting their resources in useless objects, they would do well to appropriate a portion of tliciv money to the purpose of providing a superior education for sonic of their noble and promising youth. Select a few and send them to Sydney or to one of the Australian colonies: spare no expense: after some years they will have acquired the English language, be acquainted with English customs, and well read in English liteniuiic. ■ At the proper age let them return and in tbo legitimate way" seek for Ihetn seats in the General Assembly," They would be your kings, or rather your representatives. 'I hey would bo qualified by knowledge, as well as prepared by relationship, to secure all your rights and privileges, to procure for .you all the respect you could claim,—and at tho sumo time to strengthen your confidence in the administration of British law. Your own representatives, thus quulilicd and thus accredited, would be your constitutional channel of privilege, of elevation, of power. To all this very mail;od attention wus paid, and we learn that it formed tlio subject of considerable uisonssion and elicited general approval diiiiii"' the subsequent proceedings of the meeting. J.t was now 10 p.m. and we, having engagements elsewhere, were obliged to letire. We understand that tea was served at 11 o'eVck, am stimulated ly the " cup that cheers but not lncliriutcs the speeches were maintained until the approach of morning, when all separated m good spirits and with equally good order

The Savings Bank in our advertising Columns will be found the particulars of the business transacted at the meeting on Monday last, referring our readers to the iibvertisemcnt and our leader we now subjoin the report.

ItErOItT. In presenting their Report of the twelfth

year of the Wellington Saving's Bank, the Committee have tbe gratification of stating that although during the quarter ending March 111, 1808, their deposits were reduced by the sum of £277 10s. yet upon the whole year there has been a net increase of deposits to the extent of £123 19s. 10(1.

The anticipations expressed in the last report respecting the piece of land so long promised as a site for building an office for the Bunk, have not been realized the General Government having decided on appropriating the land to other purposes.

An Act was passed in the last Session of the General Assembly altering entirely the constitution and management of Saving's Banks in New Zealand, but as the Wellington Saving's Bank was established prior to any general legislation on the subject in this country, it will not come under the operation of the Act excepting by special proclamation, and in compliance with an earnestly-expressed wish on the part of your Committee his Excellency's Government has promised that this Bank shall not be interfered with.

This Bank, like the whole community, has sustained a loss during the year by the death of Mr. A. C. McDonald, oiie of its Trustees. ■ Although only appointed as a Trustee at the last Annual meeting, he hud taken a warm and active interest in the affairs of tho Bank from its commencement, and the committee gratefully record their sense of his unvarying kindness anil frequent and useful services". In order to supply the vacancy thus occasioned the committee have applied to Mr. A. Barnes, Manager of the Oriental Bank, and have the pleasure" to announce that they are authorised by that gentleman to submit his came to you as a Trustee of this Bunk. In addition to the usual tables, the Committee present (as at the last annual meeting) the following classification of deposits. — -I'luojieau „, p £ 9, "-a *" rt iI! 1 i s a -i i-i co op p Under £1 '13 0 0 7 -1-under _5 10 1« 1 2 37 £o '« " £10 7 18 9 1 20 -10" " £20 7 10 0 9 ?0 _30" " -00 1!) 7 0 4 30 * _00" " ,-100 0 0 2 2 0 Above -100. 3 0.3 3 8 ' OU .10 0 21 I 137 lii conclusion the Committee can but congratulate the Managers upon the successful working of this Saving's Bank. Not only has it been self-supporting, but after paying or providing for every claim, it lias accumulated as a Building fund the sum of £<j34 l(ss. Bd. which is now temporarily placed out at interest, until circumstances shall allow of its being used for its intended purpose.

A GENERAL COLONIAL AGENT. I (From the New Zcalander, January 29.J This is an appointment, the desirability of which was closely discussed, and neatly unanimously admitted, during Ihe last session of the General Assembly. For it was fo't that while it wus for many reasons expedient for each province to have a special agent iv the old country, who would devote himself to the advocacy—by every ligttmate means—of its parlicular interests ; it was also both possible and probable that it should be equally expedient to have some person nut personally interested in

any one province, to whom parties could with confidence refer for strictly impartial information in relation to any pioviuce or portion of the colony.

Greater interest attached to the discussion of this subject from the visit paid to Auckland, at that particular juncture, by Mr. John Morrison, of London— a gentleman to whom we made some allusion during his stay in this city. There were several reasons which led ourselves, among many others, to wish that appointment might be' conferred upon Mr. Morrison, We will state one or two, In the first place he had travelled through the greater part of every province in the colony—he had made himself thorough muster of the statistics of each so far as those could be gathered from official documents and close personal investigationhe was not bound up with one province more than another—and though circumstances prevented him from travelling us much through Auckland has he had done in sonic of the Southern Provinces, yet he had every reason to believe he would act with just as strict imonrliality iv tilforiliiig information relative to 'this as he would with respect to any oil: :r portion of the colony, if he were uppoinio '. c',io.,Hil Agent in London.

Tho Committee appointed by the House of Representatives to consider this suhjee', came to no decisive conclusion either as til Mr Moirison or any other poison -. and so far as we know the appointment still remains vacant. Circumstances have, however, lately been brought under our notice which impress us more strongly than ever with, not merely the importance, but the absolute necessity that, when ever such appointment his made, the party selected shall be one who will not favour any province by seeking to exalt it unfairly at the expense of some other province, towards which the tide of emigration happens for the time to be more strongly flowing. From move than one recently-arrived immigrant have we learnt that statements depreciatory of the province of Auckland, and utterly unfounded in fact, were made to them & others when in London, by a gentleman actimr as agent for another province, and whose name has so long been known in connection with New Zealand, as to give to his statements greater weight than would otherwise attach to declarations unsupported by indisputable evidence. \\ c rclram lor the present from mentionin.' i,j s name—for his endeavors to dissuade emigrants from coming to Auckland have proved fruitless in almost every instance, and we do not believe that the Government for which be is actinnwould approve of his excess of zeal for the province with which he happened to he so long connected ;—neither are we aware there is reason to apprehend that ho is the party ou whom the General Government would be likclv to pitch at "the man" for Agent for the "Colony.

We may here remark that Auckland and her accredited agents have done nothing to merit such treatment from the accredited agentof any other province. So far from beiug uiged to "tout" for immigrants, or to decry other provinces, the agents appointed under our nov Land Regulations have instructions which are calculated to restrain an indiscriminate rush hither; —and upon arriving here, those immigrants who ask for it are firaislicd with every possible information relative to other provinces. They are not told, as some of them were told in London of Auckland, "Oh, don't think of going

I there ; there is no land to bo had except at the I tops of mountains or in the bottoms ol gullies, (and thats not worth having. Those who enacted, and those who administer, the Auckland Lund Regulations, believe | them to be based on a sound principle, which j will have the ell'ect of bringing hither a steady stream of immigration, combining the two main I elements of prosperity, Labor, and Capital, in about equal proportion, without their having resort to either puffery or depreciation: but they have neither the desire nor the expectation that the prospect of a grant of-10 acres of land per head should draw to this one province every intending immigrant directing his attention" New Zealand-ward. They know full well that there will always be diversity of opinions as to the relative advantages offered, as a field of settlement, by each province of New Zealand; and so long as they sec a fair proportion of th e emigrant population of Europe and America directing their steps hither, they do not grudo-e the advancing prosperity of the sister provinces. What benefits one must eventually benefit the others. All they ask is, that while Auckland does unt run down other provinces, thearreiit of no other province—especially when from residence here, and from other opportunitiesjof information, he might have known better—should never so far forget himself as to declare that the province of Auckland deludes emigrants by the proffer of land which she has not to give away, or which, if in hei possession, is either worthless' in quality or in situations wholly inaccessible for cultivation. It is true that we have bad land as well as good—so has every province in New Zealand, and so has every other country in the world ; but the good vastly predominates over the bad. We have some few mountains undrocky ranges, on which a blade of grass will hardly grow—so have most countries in the world. And we have many gullies, like the old world, which are more valuable in a picturesque than in a commercial point of view. Butwe have as large an amount of available land, of good average quality, in proportion to the total area of the province, as any other part of the colony or the world ; and this fact is daily becoming more apparent even to old residents, the more the country is opeued up.

We hope we shall not have to recur to this subject. We would rather hope that the statements of which we have had to complain were made under some misconception, or in a moment of temporal)- vexation at finding that the Free Land Grant System of Auckland is more efficacious in promoting the mosl desirable kind of immigration, than is the plan of paying passages out of Provincial Revenue. But we trust the General Government—while losing no more time than they can in making the appointment —will weigh well the additional reasons we have thus laid before them, for appointing no person as Colonial Agent who has, either from personal predilection, personal interests, or political reasons, a motive for crying down one province and crying up another. "We have no desire to see an exclusively Auckland man in the office— but an anti-Aucklander such as we have had described to us certainly ought not to have an office, so important fur evil as well as good conferred upon him. ~