The Ashburton Guardian. Magna est Vertas et Prævalebit. TUESDAY, SEPTEMBER 16, 1890. ABSENTEE LANDOWNERS.

During the present session a return has been laid upon the table of the House of Kepresentatives, giving the number of estates ovc 2000 acres m extent, and over £10,000 m value, owned by absentees. The return shows that there are 51 persons vho reside per manently abroad, who own 1,027,399 acres of land m this colony of a total value of £1,635,280. The land re ferred to is scattered all over the colony, and is comprised m blocks ranging from 2000 to nearly 100,000 acres. Two persons own 60,190 acres, valued at £135,000, m Maryborough, while another absentee owns 99,465 acres at EastTaupo, valued at £22,132. These two instances are instructive, as showing the great variation m land values that obtains m the colony — speaking highly m favour of land values m the Marlborough district of the South Island, and any thing but encouragingly of land values at East Taupo m the North Islands, where road, railway, and bridge construction has been impeded owing to differences with the original native owners of the soil. Indeed, a critical examination of the return on this basis shows that land m the South Island, either from better means of access or natural richness commands a much higher valuation than land m the North Island. The return, how ever, only deals with lands owned by absentees, and what may apply to these estates may not apply to the lands as a whole; but the figures are instructive as far as they go, and should serve to make South Island settlers more contented with their lot than they seem to be, judging from the fact that recently numbers have sold out from these parts for the purpose of taking up land m the North Island. The return, however, has a more im portant aspect than a comparison of values of land m the North with land m the South. It shows that land to the value of over one million and a half is owned by fifty-one ab sentees ; but it does not show, what what would be really most instructive of all, viz., the amount of taxation which these big absentee holders pay the Government of a colony from whence they draw large incomes. Without this information the return is practically useless, as it affords no means of showing to landowners m the colony whether it is better to invest m landed estate, m New Zealand and reside m the colony, or buy up the land and reside abroad] and thus escape a large share of the burthen of taxation. As a means of providing this com parison it would be advisable if some member next session were to ask for a return giving the amount of taxation paid upon fifty large or small estates held by persons resident m the colony, and the taxation paid by fifty absentee holders of estates of similar value.

LOCAL AND GENERAL

There are at present no fewer than 70,000 willows m India under iiiue years of age. The Victorian Trades Hall Council allow the unemployed who do not want to work against the unions 2s (id pur day. The railway revenue of Queensland shows an increase of £9000 for last month, other receipts a decrease of £10,000. The difficulty m the way of the State purchasing .the English railways is that their value ia estimated at 900 millions sterling. The New South Wales Parliamentary Works Committee costs the country nearly £14,000 a-year m salaries and expenses alone. Hon T. W. Cotton, M.L.C., of South Australia, who secured the introduction of the working men's blocks m Boutli Aus tralia, has been presented with an address by the Mockers. A desperate encounter took place between Melbourne police and a large band of larri kins early on Monday morning, Ist instant. Eventually the roughs took flight, leaving three of their number prisoners. In the reign of Queen Elizabeth if bad fish were sold to tlM> poor, the. knavish fishmonger was decorated with * necklace of his un savoury commodity, and was then perched on a stand m the market. The Czar has issued a ukase freeing Se bastopol of all taxation on real property m honor of the defence of that strougiiola by the Russians m the Crimean war, which event is shortly to be celebrated on an im posing scale. A terrible accident happened at Apia lately to one c,f the sailors of the German warship Sperber, for wljile disporting him self m the water a shark bit, off bo.|th his legs. The poor fellow was hauled on board, and at latest advices was .alive. A •fwsvy cow belonging to Mr 1). F. Appelton, of Ipswich, Massachusetts, United States, has succeeded jn breaking the butter making record of the country. The record for the year was 94611» lOozs. The best previous record was 9.'#>l)« by an animal m Kentucky. The London edition of the " New York Herald " lias been reduced fcont eight to four pages. The unhappy proprietor will, it is said, abandon the daily issue, and confine the publication m future to the Sunday <;dktji)H, The failure to establish an Amei'ja&ii. newspaper m London is very humiliating to tv« resident Americans. The price of land has s(» declined of late years m England that it is said it may now be bought more cheaply than some of our New Zealand estates. A writer on the sub ject cites lir.ujy instances of farms having been sold m JBSB, varying i» size from f>o to L">o acres, at prices ranging from £3 10s to £18 per acre. Comparing the Xuw Zealand railway re- Uji'iis with those of Victoria, the Argus snys the woi'Mijjj expenses m this colony are six per cent. Isss than last year s Victorian rates. it is further stated ht t!]Q article that m railway, as m other matters, it looks as if t\m $s»t&p colony had fairly tijrnod the. cornev, and i% to be congratulated accord ingly.

A London cablegram dated August 29, stated that three doctors m Spain were charged with h.iving murdered peasants dur ing the cholera scare. In the Australian papers the cable appears m the following form :—"lt is reported that three physicians have been murdered by peasants m Spain during^ the cholera scare, the unfortunate practitioners ha ving been ignorantly suspec ted of having introduced the plague." Writs claiming £10,000 m each case have ] been served on the "Sydney Morning Herald," "Sydney Daily Telegraph," and '' Sydney Evening News." The proceedings are taken under an old Act o£ Charles 11., which renders any newspaper publishing advertisements containing prices of admission of a Sunday entertainment liable to a penalty of £50 for every such advertisement, which fine goes to the person who first institutes proceedings." How is the following as an illustration of a canny Scotch farmer :—" How is your wife ?" was asked a Scotch farmer whose wife had been ill. "Oh, she's dead." " Dead ! surely that was very unexpected; when did it happen ?" "It was yesterday." "Did you send for the doctor?" "No. Ye see it was a lang way, and we thocht that may be she wad sune get ower't, an' there was a bit pouther that I hal frae the doctor a year or two sin' when I was ill my sel', but I hadna taen't. I thocht I might gie her that; and I just gied her't and she died soon after. It's a great change tae me, but I'm very glad I hadna taen the pouther mysel."' Sir Morrel Mackenzie often wears a notable breastpin, which has a curious his tory. It is m diamonds, forming the figures 50, surmounted by a crown set m pearls. It is (says the London correspondent of the " Liverpool Post") one of the few identical m value and design that the Queen had made m celebration of her jubilee year. She presented one to each of her children, their husbands, and their wives. The late Em peror Frederick, then Crown Prince, re ceived one and greatly prized it. When he died the Fmpress sent it to the English physician, with a note saying she would like him to keep and wear it, since it had been peculiarly precious to her husband. Stanley's bride is not, as the writers m certain colonial papers appear to infer, a damsel of blushing nineteen (or so), but a robust lady of thirty-six, who has tasted the sweets (and bittera) of some fifteen London seasons. Dolly—as her friends call her— towers head and shoulders above the intrepid Henry Morton. She is a handsome, queenly [woman, with fair hair, deep-blue eyes, a straight nose, and a dazzling complexion. Six years ago, when Stanley returned from the Congo, Miss Tennant met him for the first time at an evening party. Some days later she asked a well-known journalist to lunch, and, bethinking herself that he knew the explorer, added to her note "Bring Mr Stanley with you." Out of that luncheon party sprang Saturday's wedding. A Conference of the heat's of the education departments of South Australia, Tasmania, and Victoria, has been held m Melbourne. A series of resolutions were moved which if carried out will change the present form of teaching materially. The substance of them is as follows :—The adoption by each of the other colonies of the phonetic system of primers already m use m South Australia ; the separation of the sientific from the literary teaching m the readers ; the teaching of the history of the Australian colonies at such a period that no child shall leave school with out having mastered it; and a larger teaching of history generally m the form of story or short narrative. The Conference was un animous|in regard to the questions of religious and temperance teaching. The temperance works of Richardson and Ridge were con demned, but no difficulty was seen m in cluding lessons illustrative of the advantages of temperance m general reading books. The Melbourne correspondent of the " Otago Daily Times " says :—" A most de liberate attempt to murder her lover was made m Melbourne by a girl named Lily Bagley, aged twenty-one. She is a sister-in law of Donald Dinnie, and of very pre possessing appcarence. She had been en gaged to a young Italian named Enrico liotta, a glasscutter, and nephew of the Messrs Campi, looking-glass Manufacturers, of Rusell .Street; but there had been a coolness between them for some weeks. The girl wrote to him to meet her on Monday night, as she said she was going to New South' Wales next day. They met, and went to an hotel to have their conversation out. There she threatened to shoot Botta if lie did not marry her. He refused, and when he got into the street again he ran away. She fol lowed him to his uncle's shop, and finding him there discharged four shots at him from a revolver Two of them struck him—one of them lodging m the lower part of his body. Then she went quietly home to bed, out of which the police roused her to take her to the lock-up." .Statutory Declaration.—-I, Franz TUabe, Iron bark, Sandhurst, m the colony of Vic toria, Australia, do solemnly and sincerely declare that on the 25th June, 1577, my son Alfred, six years of ago, was accidentally J.uu't with an axo on his knee. lat once took all pains to secure medical assistance. How •ver, m spite of all efforts, on the 27th August, 1877, the opinion was given by Dr Macgillivray that an amputation of the injured limb had heenmo imperative, m order to save life. At this juncture I called en Messrs Sander and Sons, procuring some oi their Extract of Eucalyptus Olobulus, and by the application of the same I had the satisfaction of seeing my son within a fort night out of all danger, and to-day he is recovered. I may just add that it was when the crisis had been reached that the Extract referred to was first applied, and I make this solemn declaration, etc, —> FlH^a R^ais*;, declared at Sandhurst:, m the colony for Victoria,, Australia, this seventeenth day of October, one thousand eight hundred and seventy-seven, before me, MoritzCohn, J.P -Advt.) 6

Parliamentary Gossip.

(BY TELECJRAI'H FliOM OUR OWN CORRESPONDENT.)

Wellington, September 15. Gqvornmont> ]ia.vo HUggosted Sir W, Fitz. Herbert as a delegate to bo appointed by the Council to the Federal Council. A deadlock having arisen between the two Chambers m regard to new clauses introduced by the House into the Oaths Bill, providing for the acceptance of evidence of very young children, the House has decided to abandon the clauses rather than endanger the rest of the Bill, which provides for affirmation m lieu of oath wherever a witness elects. Major Steward, member for Waimate, has received a number of congratulatory telegrams from all parts of the Colony on the passing of the School Committees Bill and the repeal of the cumulative vote. Amongst others was one from fifty-one teachers of North Ota^o, who signed a ! nufcition m favor of the Bill. The Factories and Shops Bill will not bo pressed this session, neither will the Land Bill. Tliero m, iv fact, little or nothing to dispose of beyond the Supple mentary Estimates and Appropriation Bill. An unmistakenble indication of an end is to be found m the departure of a number of members for their respective homes and election campaign. SpeakingontheLabor Conference to-day Major Steward said he hoped one of the re sults would be that m future New Zealand men would not be called out for any grievance arising beyond our own shores, also that Unionists would reduce their entrance feos, and that the rule which took away freedom from men by refusing co allow non-union labor to work along side Union labor would be abrogated.

The Bow Anchor.

Captain John Dulliwir, who sailed a whaling vessel for a great many seasons, accumulated a fund of experiences which stood him m good use for anecdotes through all the years after his retirement; but perhaps the best of Japtain Dullivar's stories, the one of which the recital al ways caused the most amusement, was one relating to an incident that happened after he left off whaling. The captain and his wife were sitting at a friend's table at supper one evening. The captain helped himself pretty liberally from a place of cheese. " There, there," said Mrs Dulli var, "you're cjoin' an' eatin' a lot more o' that cheese f You'd better stop right where you be." "Oh,wal, Maria," said the captain, with a grin, "I guess it'll be all right this time." " Wai, eat it, John, eat it! It's me that has to suffer, onyway." " How is that, MrsDullivar 1" her hostess asked. Whereupon the captain, being the story-teller of the family, took up the narrative of his wife. "Ye see," said he, still grinning, "my wife, she's afraid I'll throw out the bow anchor agin. It wa'nfc more'n a month or six weeks ago that we were down to Lizy Jane's visitin', an' they had jist about the same kind o' cheese on the table 'at you've got here. I eat a little on't. Oh, you needn't look, Maria ! Maybe I eat a good deal on't. Wai, that night, after we had gone to bed, I dreamed I was to sea m the Pris cilla, same's I used to be. Seem's if I was coram' up past Hatteras. Twas my watch, an' all to once there came on one o' the wust squalls I ever saw m them parts. The wind blew like the nation, an' the vessel was nigh on her beam ends. There want but one thing to do. Seem's if the mate was the only man within reach, an' I sings out to him, 'Mr Coffin,' says I, ' heave that bow anchor overboard !' So the mate he ketches hold 'o the anchor, an' he pulls an' tugs, an' he can't start it. An' all the the time the storm grows. ' Mister Coffin,' says I, gittin' desperate, ' over with that anchor now,, an' mighty quick !' But he can't budge 'er. The wind howls and the ship careens. Then I goes for'ard, an' says I, 'Stan' aside, yer lubber, an' let me heave that bow anchor over my self, or we'll go to the bottom !' An' with that I put both arms round the big anchor, an' I gave it a terrible tug an' lift, and over the ship's side she went. An' as I'm a livin' man, if that bow anchor didn't set up a scream that riz over *he whole roar of the tempest, an' it yelled— 'John Dullivar, John Dullivar, oh ! what be you a-doin' !' An' I woke up, an' if there want Maria on th© floor, screamin' an' takin' on. I'd took her fer the anchor, an' heaved her overboard, sure enough." Mrs Dullivar's was the only face m the room that remained without a smile throughout this recital. " Yes," said she " you thro wed me out on the floor as if I want n« more'n such an old junk. An' there you go, eatin' that cheese aa if nothin' had happened.

Awakened.

I flattered myself that my love was dead, And stifled the pain m ciyv tortured breast, That my weary heart had at last found rest, And her fair false face from my dreams had fled. Her long-treasured notes I could calmly read, With never a sigh or a vain regret ; And smiled to recall that my eyes were wet When I read them first as a sacred screed. I could rest m peace 'neath tha trysting tree, Where undying love was her own sweet theme ; It seemed to me now a midsummer' dream, j So .sedate my mind and so " fancy free." She passed me to-night on the crowded beach, A reproachful look on her fair, sweet face ; And I turned and gazed, then followed apace— The surging throng urged her beyond my ' reach. Then over my heart m a torrent swept Poignant grief, remorse, and a nameless dread. And what of the love I had known was dead ? Oh ! now I well knew it had only slept.

The Increase of Cancer.

The increase of cancer is one of the most painful facts m the history of modern disease. The total deaths from this cause m England and Wales are double what they were five-and-twenty years ap;o, the ratio of deaths to one million persons living bavins risen, during the same interval, from 385 to 610. How is this to bo accounted for ? Dr Herbert Snow, surgeon to the Cancer Hospital, traces the malady to trouble, worry, or mental anxiety. Soil, climate, race, diet, eto., appear to have very little to do with it. Women are the chief sufferers from it, as men are from Bright's disease, which originates m a similar cause ; while it is to be specially noted that the organs m females which are most prone to diseases of this class are normally, m health, peculiarly influenced by emotional condi tions, and by states of the central ner vous system. " Malignant disease," he adds—and his words are deserving of serious attention—"is seen to be but one among many indications of the severe stress upon the nervous system which modern conditions of life involve, and of which the evil consequences are so im monsly enhanced by that vicious principle of education which mistakes quantity for quality. Until society emerges into some calmer sea —or until the conditions under which men and women now commence their voyage are materially improved—a progressive increase m the prevalence of cancer, duly proportionate to the growing severity of the struggle for existence, may be predicted as a matter of course."

BOROUGH COUNCIL

Tho usual fortnightly meeting of the Ashburton Borough Council was held last evening. Present—His Worship the Mayor (presiding), and Crs Fricdlander, Brooke, K»ir, Flower, Paul, Bird, and Cuthbertson. NKW MKMJJKRrt. Me3srs Hugo Friedlander and Edwin J. Paul signed the usual forms, and took their seats at the table. FIXANOE. His Worship stated that the debit balance at the Bank stood at £1031 13s lid, and there had been received since last meeting the following items of income :—Rates, 1890, £99 14s ; rents—reserves, £15 3s; pound, £8; Domain, £22 lls (id ; Licenses—dogs, 10s ; pawnbroker's, £10 ; library account, 8s ; Domain account—Ashburton Cricket Club, £2 10s ; total, £158 16s 6d. Of the .1890 rates £241 %vas still unpaid. JUUILKK CLOCK. Mr C. J. Harper wrote forwarding a cheque for £133; being the amount of funds at the credit of the Jubilee Committee, and now sent to the Council to be expended m payment of cost of Jubilee Clock. KOLL. Mrs Ann Butler wrote asking why her name had been removed from the Valuation Roll. The Clerk explained that Mrs Butler's j name remained on the roll for a smaller property than the hotel, and the fault of changing the name of the occupier of the Family Hotel did not lie with him. KAILWAY KERERVE.S; The District Engineer wrote stating that there was no intention at present of inter fering with the tenancy of Messrs W. H. Collins and Co. of the reserves held by them.' The Mayor said the letter kw been

replied by the Clerk, whose letter urging upon the Department the propriety of having a clear line of planting was read. The correspondence was approved. ASIIBURTON CRICKET CI,UB. The Ashbnrton Cricket Club wrote ac cepting the offer of the Council, and enclos ing the sum of £2 10a m accordance with that offer. The Club asked that certain work be done upon the pitch, an I that the pitch be retained for the Chili's use, or at any rate saved from • destruction by pro miscuous play. The Council decided not to do any work upon the ground this year, but to permit no play on the ground by others than the Club without the Council's permission being first asked and obtained. CHARITABLE AID. The Charitable Aid Board wrote asking that the Council's proportion of Charitable Aid cost be forwarded—£B3 10s. It was decided to send the money. RIGHT OF WAY. The Council agreed to sanction the right of way applied for by Messrs Mitchell and Turner, on the conditions laid down m the lease by the firm. engineers' report. The Engineers' report was read as follows and adopted :— Removing Fire Bell— According to instruc tions we have had the bell and timber framework removed to the Brigade Station at the Council yards, and now having it lengthened and repaired and generally made safer and more convenient for the purposes for which it is used. Until this is complete we have had the bell hung on the hose dry ing frame. Jubilee Clock~-&\\ the carpentering work, framing, etc., is now virtually complete, and we believe Mr Murray hopes to have the works m position at about the end of the month. Labor- Gang —The labor gang have been encaged m forming the North East Belt and V7illiam street, planting trees and willows, fencing m the Domain, watering streets, attending to the water supply, and general maintenance work. The planting the ten acre reserves and plantations m river bed with pinus inaignus, blue gums, etc., has been completed. It was decided to advertise the removal of the fire bell. AOCOtrWTS Accounts to the amount of £98 10a were passed for payment. This was all the Council business. DOMAIN BOARD. The Council then sat as a Domain Board. The caretaker's salary was fixed at 30s per week. The Board's attention was called to several depressions m a foothpath which the Engineer was asked to remedy. The Engineer reported that all the plant ing set down for the season had been com pleted. The matter of two wicket gates was left m the hands of the Engineer, The Board then adjourned.

Horse Market.

Mr T. Bullock reports for the week ending Saturday, Sept. 13th :—Thirty-nine horses were brought forward for the clay's sale. For young medium draughts there were inquiries; there were no heavy first-class draughts entered; as usual aged medium draughts were difficult to quit. Out of the day's entry of thirty-nine, twenty changed hands at the following prices, viz. :—Medium draughts, live and seven years old, of a light stamp, £14, £16, £17; four year olds, also light, £12, £12 15s; aged, £8 15s, £9 10s, £11; others, £3 10s, £5 10s ; two year olds, colts, and fillies of a light stamp, £6, £6 153, £8 17s 6d; yearling of a better stamp, £7 5s ; hacks, five year olds, £8, £8 10s ; light harness horses, £2 10s, £4, £6 10s; scrubbers at low prices. Suxdeiks—Seed sower brought £6; collar., hames, and winkers, 12s 6d to £1 per set; horse covers and sundry harness at market prices ; feed oats at Is 3d per bushel.

THE MIDLAND RAILWAY.

It is to be hoped that we have now hofircl the last of this railway m Parlia ment—that is to say, mso far as regards any proposals for further legislation on the subject. The Act which has been passed' this session at the instance of the Company removes all excuse for delay, and the {works should now be pushed on vigorously to completion. The origin of the Bill was the discovery that the line as originally laid out on the western side of Lake Brminer is very much inferior m all respects to the line on the eastern side, the latter being actually shorter and having much flatter grades, passing through better land, and tapping besides some valuable forests. *On every ground, therefore, the diversion was a desirable one, more especially seeing that the eastern line can be constructed at considerably less cost to the Company, and therefore corres pondingly reducing the area of land to the Crown granted to them. Only one objection worth a moment's notice was that made by the people of Kumara, through their always energetic, watch ful representative, the "redundant" Richard Seddon. This was that to remove the line to the east of the lake was to remove it some miles further away from them. It is true that a branch line m any case would be necessary if there were to be a junction effected with Kumara, and that this would be so expensive an undertaking as to be practically impossible. Com munication between Kumara and the railway must therefore, m any case, be by road, but the Kumara people, not unnaturally, objected to having to make the additional mileage of road to effect this purpose. The difficulty has, however, been got over by the Com pany agreeing to pay the Grey County Qouncil a sum of .£2700 to defray the expense of widening the road, bridges, and culverts between the township of Pounamuand Lake Brunner, and this has been specially provided for by a clause added to the Bill on the motion of Mr Seddon. The clause also con tains the further and new provision that the Company shall provide and maintain a steam ferry boat on the lake between the terminus of the road referred to on the one side of the lake and the railway line on the other. Advantage has also been taken by the Government to include m the Act, as a condition precedent to the sanction ing by the Governor of the deviation, the stipulation that the Company shall enter into a contract or contracts for the construction of the Nelson-Belgrove section. This done, there will be a guarantee of the completion of the entire Midland Railway scheme, and we mny fairly hope to see through communication established within the period fixed by the original contract.

DISTRICT COURT

ASHBURTON—MONDAY, SEPT. 15,

[Before His Honor Judge Ward.] CIVIL SITTINGS. Andrew Patbrson v. G. J..F. Lublow. In this case plaintiff claimed £150 damages for a broken arm and consequent loss sustained by him while m the employ of defendant at defendant's flax mill, the accident having occurred, according to plaintiffs pleadings, through the improper machinery used by the defendant. The case had been heard at a previous sitting, l);;t the verdict given by the jury on this ji.-vrHcuiar part of plaintiff's case—there having been another claim on a ilax cutting contract—was not su * as could

be accepted, and wag set aside and a new trial ordered on the question of damages for the injury and loss alleged to have been sustained by plaintiff, A jury of four was empanelled as follows :—Messrs Joseph Wheeler, Robert Gilmour, George Geddings, and George Vcssey. For the plaintiff—Mr F. Wilding ; for defendant—Mr Kippenberger. Mr Wilding having opened the case for the plaintiff, recapitulating its features m much the same terms as at the previous hearing of the case, called Andrew Paterson, the plaintiff, whose evidence was similar to that given by him on the previous occasion. The evidence of Edward Bax, and George Pye, the men who had been employed with Patterson on the flax- j cutting contract, and who were also m I the mill when Patterson received his hurt, was taken, and was similar to that previously given. Herbert ~Gifford Moore followed with evidence as to the provision m ordinary flax mills for preventing the roller belts from getting round the shaft—viz., an arm across the pulleys—but which pro vision was not made m Westerfield flax mill. Mr Kippenberger, m opening for the defence, pointed put that plaintiff was a contractor, and a man who had been work ing about threshing machines, etc., and could not be so ignorant about machinery as m this case he claimed to be. But when he attempted to disentangtle this belt he accepted the risk. Mr Keppen berger called the defendant* 'jr. J. F. Lublow,who denied that plaintiff had any right at all to interfere with the belt that hurt him ; that he was not m defendant's employ at the time, was not beckoned by defendant to aid m adjusting the belt, and wasonly potter ing about the place at the time for his own amusement. T. E. Kilworth, W. Bloomfield, John Watts, and Joseph Ward also gave evidence as to the state of the machinery. Counsel having addressed the jury, his Honor up, placing the follow ing issues before the jury, which they answered m the affirmative, giving £25 as their award to No. 6. (1) Was Patterson employed by defendant m the mill ? (2) Was he while so employed requested, or directed, by plaintiff to disentangle the belt from the revolving shaft ? (3) Did the accident occur m consequence of plaintiffs compliance with this request or direction ? (4; Was such disentangling m itself a dangerous duty, such as no man of ordinary prudence would undertake if he were aware of the danger he incurred thereby ? (5) Was such disen tangling such a duty as a ftian unskilled m machinery might undertake at the bidding of his employer without percep tion of its danger ? (6) To what damages (if any) is plaintiff entitled m respect of the accident ? —£2s. His Honor, therefore, gave a verdict for plaintiff for £25 with the amount of the verdict m the flax contract m the first trial added, with costs. Wilhelm Zander v. Frederick Clark. In this case plaintiff sued the defendant for £100 under the following circum stances :—(1) On the 13th day of Novem ber, 1885, the defendant entered into an agreement m writing with the plaintiff whereby for the consideration therein expressed, the. defendant contracted with the plaintiff that he would not at any time during the period of ten years, either m the town of Ash burton or afc any place within a radius of fifteen miles carry on, conduct, or be directly or indirectly engaged, concerned, or interested m the business or trade of hairdresser, barber, tobacconist, or toy, or fancy goods dealer. And the defendant further agreed that, should he commit any breach of the said agreement, he would pay £100 to th plaintiff by way of damages. (2) In or about the month of July, 1890, the defendant, m breach of his written agree ment, commenced to curry on the business of barber, hairdresser, tobacconist, and fancy goods dealer, and stili continues to do so, or is directly or indirectly con cerned m the same. For the defence, it was stated (1) that the defendant ad mitted the agreement of November, 1885, but denied that m the statement of claim the provisions of the agreement had been cor rectly set out. (2) That defendant ad mitted m July 1890 commencing to carry on the business alleged, and continuing to carry on the same, but denied doing so m breach of the 1885 agreement. (3) That defendent denied that plaintiff had been put to any loss or damage through' defendant so commencing and carrying on such business; and further submitted that the agreement of 1885 was not legal and effectual to entitle plaintiff to the amount claimed or any amount. Mr Purnell for plaintiff ; Mr Kippen berger, with him Mr J. A.-Flesher for defendant. Counsel for defendant said the case would resolve itself into one of assessing of damages, and quoted authorities m favor of considering the sum mentioned as purely a penalty, and asked that damages should be assessed according. It could never be the intention of,the agree ment that for the slightest possible breach of it—even within the last week of the ten years, and ten miles out on the plains—the full sum of £100 should be exacted. Counsel for plaintiff spoke at some length, urging the difficulty of assessing damages m such a case as this and quoting authorities for the exaction of the amount | named m the agreement. His Honor said he would hear the evi dence as to damages and reserve judg ment. Wilhelm Zander said the agreement produced was signed by him and defen dant and the defendant had opened busi ness under the name of J. Purchase three doors away from witness's premises. Had seen customers of his going to defendant's shop. By Mr Kippenberger — There had been a business carried on m Purchase's shop for ten years—hairdressing, but not much m tobacco. It was now a business m which hairdressing was carried on as well as the sale of tobacco and fancy goods, Could not say what damage he may suffer m the future, but knew that he had lost customers through Clark opening. Pro duced his books showing the business he had been doing. By Mr Purnell—The business Carried on by Mr Purchase was practically no opposition as he had but little goods for sale and only did hairdressing. Ed. Robottin knew the defendant and remembered him setting up business. Had a conversation with him at the time m the course of which he said he would probably get back some of his old custo mers. Those customers might be some of witness's for aught he knew. Never was m Purchase's shop since he started busi ness, but Clark seemed to keep a larger stock than Purchase did. He^ry Zander negotiated the purchase rf Clark's business for the plaintiff, who was his brother. Believed his brother's business would suffer by Clark's action. Mr Purnell said it was utterly impos sible to give evidence as to the actual loss suffered or likely to be suffered by his client, but even £3 a month would amount m the five years yet to run to £180, His Honor reserved judgment. The Court adjourned till. ten o'clock this day.

Neglect of Landowner to Cut Thistles.

It is evident that If the owner of land permits his land to become over-run with thistles, and neglects to cut them before seeding, the seeds, being blown on his neighbours' lands will be the cause of an intolerable nuisance. And yet his neigh bours have no remedy at common law. This Jaw has been very recently so decided.

Certain land, which, until a few years be fore 1883, had been forest land, was brought under cultivation. Immediately upon its being cultivated, thsitleg sprang up m great abundance, although m its uncultivated state there were no thistles. The occupier of the land having neglected to mow down the thistles periodically, they seeded* and the seeds were blown by the wind m clouds on to his neighbour's land. The neighbour brought an action m the County Court, alleging as his cause of action, that the defendant had, by not cutting the thistles, neglected to fulfil a duty towards his neighbour, the plaintiff. He recovered damagesintheCountyCourt, The defendant appealed on the ground that there was no negligence on his part he did not bring the thistles on his land, they grew there naturally, and therefore there was no duty incumbent on him to cut them down. The Court, consisting of Lord Coleridge, CL, and Lord Esher, M.R., m allowing the appeal, delivered their judgment, which is a masterpiece of brevity. "I never heard" said Lord Coleridge "of such an action as this; Ther can be no duty as between adjoin ing occupiers to cut the thistles which are the natural growth of the soil. The appeal must be allowed." Ihe Master or the Rolls was content to simply state that he was of the same opinion.—Giles v Walker, 24, Q.8.D.656.

Am. Autocratic Landlady.

The following letter gives an idea of the feeling landlords m some parts of England still entertain about their rights :-— "Rabbits, etc., Cefyn Bryri,"Park Mill, Swansea. Bear Sir,—Miss Talbot, being desirous of meeting the wishes of her tenants, as far as practicable, m regard to the killing down of rabbits, will not object to the same being taken; providing the taking is done m such careful and special manner as shall , not lead to or endanger the capture or injury of hares or other game, but guns or wires will not be allowed m any case. ■ With reference to shooting, Miss Talbot wishes it to be clearly understood that the use of the gun is not co be taken as incident to th« holding of any part of her property; and I am to request that no gun shall be, or be permitted to be used thereon. If m future you have reason to complain of an excess of rabbits on the land m your occupation, and will so inform me by letter, a trapper will be sent to reduce the number. With regard to the keeping of dogs, there being many greyhounds, lurchers, and other dogs (not sheep dogs) kept by certain persons. I have to draw your attention to the circumstance, and to request that all tenants having occasion for these animals should confine the breed to sheep dogs alone. As to the terms of the circular generally, Miss Talbot re serves to herself any necessary right of hereafter altering or withdrawing them ; but, whilst I request your co-operation, I may state that she anticipates nothing but your cheerful concurrence, m the fulfil ment of her wishes.—.Very truly yours, Richard A. Esseey."

TELEGRAPHIC

HOME AND FOREIGN.

[PEK TRESS ASSOCIATION.]

London, September 15. Wheat m the country averages 37s 6d. The conduct of the Grenadier Guards since their deportation to Bermudas has been most exemplary. It is reported that the Archbishop of Armagh praised the attitude of' Bishop O'Dwyer m his controversy with Mr Dillon. Mr O'Brien has appealed to the House of Lords against the verdict m his action for libel against Lord Salis bury. Captain O'Shea has summoned Mr Dillon as a witness m his divorce action. The reason is believed to be to prevent him from visiting America. Mr T. Archer, Agent-General 'for Queensland, has written again to Lord Knutsford asking him to arrange with Mr Stanhope, Secretary for. War, to receive a deputation on the subject of the Army authorities refusing to admit frozen beef into the military, contracts. Berlin, September 13. Sixteen soldiers, who 'displayed Socialistic tendencies at Oldenburg, have been arrested, and it is feared that a mutiny will take place among the troops there m consequence. Berne, September 14. The Federal Council having insisted that the captives should be liberated and protected, their release was effected. An enquiry into the causes of the movement has been opened. Ottawa, September 15. News from Montreal states that! Prince George of Wales, who is m com mand of H.M.S. Thrush, ein the Cana dian station,and two of his companions, were set upon by six men, who de manded money from them. A fight ensued, m which, the assailants got the worst of it. The police Avere appealed to, and the Prince was arrested, but ultimately was identified and set at liberty. New York, September 15. The stringency of the money market m New York has caused the reserve to be three millions below the legal minimum. The Treasury will endeavor to relieve this by the purchase of twenty million four per cents. Zanzibar, September 15. Germany has proclaimed free sale and purchase of slaves m Bagamayo, export by sea alone being prohibited.

AUSTRALIAN

Sydney, September 15. Government decline to subsidise the San Francisco mail service, but are willing to use the service and pay poundage rates, which are estimated to produce £3700. Brisbane, September 15. Two gentlemen named College and Buchanan and Miss Broomfield were drowned m the bay this afternoon owing to a boat capsizing. : Albany, September 15. Arrived: R.M.S. Victoria, from Ply mouth. Passengers for New Zealand: Messrs Bayles, Larkworthy, Ellis, and Newman. Melbourne, September 15. His Excellency the Governor was present at the annual dinner of Rail way Engineers and firemen. Mr R. Speight, Chairman of the Railway Board,, m the course of a speech, ridi culed the idea for the discontinuance of Railway construction, and said that a few years would demonstrate that Railways were one of the best investments English financiers have. The Premier lias received a letter from the New Zealand Government^ m which the latter intimate their willing ness to contribute toward the cost of erecting a lighthouse on the Snares.

INTERPROVINCIAL

Auckland, September 15. At a meeting of the Auckland branch

of the Educational Institute a resolution was moved by Mr Buxton to substitute science for history m the public schools' syllabus. Such a course was strenuously opposed by the majority of members, and on being put to the vote the resolution was lost. Mr J. C. Campbell, solicitor, has left for England m connection with Messrs McArthur's Samoan case, to be heard before the Privy Council. A gum digger known aa Steve, a native of Sweden, has been killed near the Bay of Islands, a tree crashing through the roof of his where and smashing hia head. Welmnotok, September 45. . The Governor intends to leave for CKristchtirch afioi- the prorogation, and will spend soiua time there. H. D. Bull, "tile w>ll knWn 'bwriater, will be a candidate for Wellington at the general election. Mr Bell is ajbout to visit Dunedin to prosecute an aictifen for alleged libel on himself and'his father, the Agent-Genera^ published by the " Otago Workman." On the motion of the Law; Society, Mr Willoughby Brassey ]»ras to-day ■ susppnded by the Chief Justice ■ from practising either as a barrister or solicitor until next sitting of the Appeal Court, when it will be decided whether he shall be struck off the roll or not. « ;•. A labor bureau haa be£n opened under the auspices of the Employers' 'Associa tion. It is open without fse to either Unionists or non-Unionists. An impudent attempt' at jobbery was made at the Albert Hotel 6h Saturday night, when a man entered the. place and removed the safe from its position, appa rently; with the intention of dropping it over the balcony to two confederates. He was disturbed, and escaped down the balcony; and all three ran off., The safe contained £50.', A lot of jewellery m the room was untouched. More specials will b© sworn m to-day. i , : Hokitika, September 15. The Bank of New Zealand shipped 22590z 3dwt of gold, valued at £§036.

Labor Questions.

[per pbbss association]

London, September 14. Work hag been partially resumed at Southampton. . ; t. Burns exhorted the dockers to take 5d an hour by day and 6d _by? night. He said it was useless to go on fight ing for formal recognition of the Union. . , , , All the masters except three have agreed to take on their old-hands again. The men ultimately decided to agree to the terms proposed. Bitter protests were .made against the alleged betrayal by the London Executive. There . was an exciting scene, which culminated; m the phair man bursting into tears.' ; The troops have been withdrawn, and the seamen and firemen intend to remove to other ports where wages are better. ■ ! '.■'''*; }. There is stagnation m the London docks m consequence of the Australian strike. Hundreds of stevedores and clerks are unemployed. Only six ships are loading where there are rtts|ually fi%. ••■;. . ■" / " ;" j The slackness of trade, exhaustion of funds, and necessity to assist Aus tralia are given as the reasons which compelled the dockers to repudiate the Southampton strike. A monster parade on behalf 6t the Australian strikers took place at West Ham to-day ; £52 were collected. Sydney, September 15. The carriers who are Union jnejti are likely to strike,; thus preventing wool coming m.  , f The Labor Defence Committee hare resolved on calling out all the-affiliated bodies. "■' .. ;'-' -~ '•'.'.;:■* The strike of carters has caused a good deal of inconvenience, and private vehicles are; [largely jpressecl into ser vice. Brussels, .September* 15, The Belgian Workmen's Conference has approved of a general strike m all trades.

Auckland, Sept. 15. A seaman on board ithe steamer Ara wata, William Godfrey, one of the non union crew, was drowned m the harbor by falling from the hulk Neptune. One of his comrades jumped m to his rescue, but though he caught Godfrey, he had to let go his hold owing to the strong tide, and Godfrey sunk. The deceased, who recently came from the gumfields, and shipped on the Arawata, was unknown m Auckland; . . >■ '■ \ . Wellington, September 15. Again'a large crowd assembled at the Queen's wharf at five to-nighc, when the non-unionisLs left "work. , Between three and four hundred special constables sup ported the police m maintaining, order and escorting the men to their houses. The proceedings were very orderly, with the exception, of a little .hooting*.,; The authorities have decided not to call out all of the specials m future, but only two or three detachments each evening;; Several more storeman returned to work to-day, i. • :r\,\ ■;■ Work at the wharves is being carried on quietly and without any disturbance, Coal from the Kennedy was only allowed to be landed on the express understand ing that ifc was for the Gas Company. Christchubch, September 15. Murphy, McQuillan, and Daly, charged with making a disturbance wifch non- Unionists m Manchester street yesterday, were brought before Mr Caleb White foord, R.M., to-day. It appeared that; Murphy was the aggressor, and he was fined 20s. The other two were dis charged. They are not members of any Union. The eleven Lyfctelton Unionists charged wifch outrages en non-Unionists, were brought befor Mr B. Beetham, R.M., and several Justices to-day, and charged with assault. Mr J." Martin, public prosecutor, conducted the prosecution. Mr Russell appeared for the prisoners. After hearing a large quantity of evidence Mr Martin withdrew the charge against Blake, there being no evidence that he had been present on the occasion*; ' The others were remanded until to-morrow. Several witnesses were positive that accused Barnes, McGerfcy, Morrison, and Sinclair were at the Wilson's Road affray. Other witnesses believed that Green, Buckley, and McDonald were there! Three witnesses swore that Green and the two Buckleys assaulted non-Unionists on the wharf on Monday morning.

Latest Telegrams.

(Received Sepfc. 16, 10:45 a.im) London, September 15. Mann states that the Dockers f Union intend punishing the, leaders of the Southampton strike with a firm and unswerving hand. -.;. Sydney, September 16. While a body of volunteer artillery were proceeding on duty to the fortifi cations yesterday they hooted a num ber of non-union laborers. Sir H. Parkes has written to the Commandant that the act is a disgrace to the colony, and demands a full enquiry. The Intercolonial Labor Conference has called out the shearers, rouse abouts, wool carters, and Western

THTC ASHBURTON GUABDIAN, TUESDAY, SEPTEMBER 16, 1890.



Hoj-M) way's Pi i,t,s.—Wrongs made right. —Every day that any bodily suffering is permitted to continue renders it more certain to become chronic or dangerous. Holloway's purifying, cooling, and strengthening Pills aye well adapted for any irregularity of the human body, and should be taken when the stomach is disordered, the liver deranged, the kidneys inactive, the bowels torpid, or the brain muddled. With this medicine every invalid can cure himself, and those who are weak and infirm through imperfect digestion may make themselves strong and stout by Holloway's excellent Pills. A few doses of them usually mitigate the most painful symptoms caused by undigested food, from which they thoroughly free the alimen tary canal, q,n<J completely restore its natural power and, action,, '



The "Auckland Herald reports that eighty tons of iron were produced at the Onehunga works last week, KtO tons of merchantable iron and rails, 59 tons of sheets, all for special order. The company arc now working up their pig iron into bars and sheets. New puddling finances are being erected for working up more pig iron, and will be completed m six weeks, when the output of finished iron will be doubled. As the wheel of time has again ushered m the busy spring, and to be prepared to supply the requirements of Nature and of their numerous patrons, Messrs J. Scaly and 4'o, hare completed their selection of seeds, wfaie!) ?U'e of the choicest dimples obtainable, arvci wiiUh include clovers, turnips, man golds, QAMoU, rape, perennial ryegrass, cocksfoot, elepha»t swede, garden and (lower seeds m endless variety, a;;d garden requi sites of every description, tfov the conve nience of patrons who cannot mulo. their purchases during the day the premises will be open to nine p.m. on Saturday evenings on and, after the 16th August.—(AUvt.) I



Waated. ; CASH Advertisements under this heading not exceedin SIXTEEN WORDS 1/-. Addresses may be left at this Office ■^TTANTED Known.— Mrs Champion, j W is open for engagement as '< monthly nurse, m town ov country. Ad- | dress—Care Mrs Randeli., E;ibt Street. 8 1153 F)R SALE.—Blue gum branches, os per load ; apples from 2d per 1b ; also some good Derwent potatoes. Apply, E. Stbphbns, Trevorton. *>*59 TOP That Cough—Flower's Cough Drops are the best—see that the naiHß ia stamped on every one. H. 6. Flower, Confectioner, East street. tITANTED Known.—Ladies' Hose, VV with Silk Toes and Heels, Is 6d pair. Only to be obtained at "The Cwrner. " __________ BOOTS, BOOTS. " Keep your feet Dry and save Doctor's Bills. I have a splendid Stock m now. Try ny Double-soled Shooters. Every pair Guaranteed. Robert Alcorn, Ashbur ton Clothing Mart, {founders' Buildings. T_)RESENTS. -If you want good value 1 for money go to Melford House. Extra value now being given away m E resents. Everything marked cheap.— [. C. Segbrh. WANTED KNOWN—The Strong- Wear Boot for Men, Women an d Children can only be had at W. H- Collier's. W" AN TED Known.—For cheap Drapery, Millinery, Boots, Clothing, Ac, go to Melford House. Good substantial presents now giving away. —H. C. Segers. WANTED every man m the County to have a suit of the Ashburto Tweeds.—Robert Alcorn, Ashburton Clothing Mart, Saunder's Buildings. "TjWERY Customer will receive a JQj handsome present by purchasing their Drapery. Millinery, Clothing, &c, at Melford House. Cheapest House m town for first-class Drapery. —H. C. SUWERS _. "XI'7ANTED Known — The Cheapest yV Shop to buy Tinware and Gal vanised Iron goods m Ashbarton, is at W. F. Hannaford'.s, Burnett Street. A urge stock kept on hand. Tin and Iron ■ware goods made and repaired with des patchy WANTED KNOWJN. rPHAT a General Meeting of Early J Closing Association will be held fct Mra Pearson's Rooms on THURSDAY evening next at 7;30 p.m. Business im portant, all employers requested to attend. By order of The Committee. 9 82 " Public Notices. MISS ESSIE LACK, OF TIMARU, HAS Commenced Tuition of Piano and Singing m Ashburton. Mihs Lack will receive pupilsat Masonic Cottage, William street, from eleven a.m. till nine p.m. on MONDAYS, and from nine a.m. till twelve noon on TUESDAYS. For information regarding terms, &c, apply at H. M. Jones' Music Warehouse r at Masonic Cottage. lf>B 2 JAMES BAKER, TIMBER MERCHANT, HAVELOCK STREET, Opposite Hakjmsox'w Auction Mart, TITAS IN STOCK Large Supplies of— Building Timber, Stakes and Posts, Galvanised Corrugated Iron, Builders Ironmongery, Turnery, Furniture, and Fancy Goods IN ENDLESS VARIETY. FURKITURE MADE TO ORDRR IN ANY DESIGN AT SHORTEST NOTICE. 9 49 jS JB •> E V M O U R SURGEON DENTIST, 15, Colombo Street (new Buildings near Corner of Gloucester Street.) ESTABLISHED 2869 SCALE OF CHARGES : Extraction. 2s 6d per tooth ; Fillings, j 5s per tooth. A reduction made where a number require attending . ARTIFICIAL TEETH The cliarges for Artificial Teeth are made with a view to strict economy, regulated by such circumstances as cases present, or such materials as v tients prefer. Par ticulars given on pli ation. Consulta tion free. Nitro ') ide Laughing Gas) administered whe .red, Attendance. .m. to 6 p.m 15 C<-'T.rwBO Ca. 1.: stchurch. SPECIAL_ NOTICE CALL AND SEE THE GRAND DISPLAY OF BOYS' YOUTHS'. AND MEN S CLOTHING MERCERY, HOSIERY, BLANKETS, RUGS, FLANNELS, HATS, AND CAPS, &c. THE largest and best assorted Stock m the District to select from, which for Value, Variety, and excellence of Manu facture, we stand unrivalled. MEASURE piEPARTMENT.S EASURE IVEPARTMENI'S NEW TWEEDS AN TD COATINGS For the approaching Season To Hand. SOLE AGENTS for Wertheim's latest and improved HAND and TREADLE SEWING MACHINES. JSEW ZEAIAND CLOTHING FACTORY W. H WEBBER, Manager