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Ashburton Guardian. Magna est Veritas et Prævalebit. THURSDAY, APRIL 12, 1894. THE LOCAL OPTION POLL.

Judge Denkiston has decided that informal votes must not be reckoned in the half-roll count for the local option poll. Judge Denniston is an able lawyer and a judge of the Supreme Court, and it is not for us or anyone else to cavill at his decision. There is a story of a German who, when the words of St Paul were cited to him in an argument, said he knew the works of St Paul, but he " did not agree mit j him." St Paul may be admitted to be a high authority on religious doctrine, but he was not high enough for Hans. So may Tudge Denniston be a high authority in law, and yet not high enough to satisfy those who "do not agree mit him." When an Act has passed the Legislatures of the colony and becomes law, its interpretation lies wholly with the Courts. Doctors and lawyers differ often, but in the inter- j pretation of the law in regard to the j exclusion of informal votes, the iawyers aeem to be of one mind, and they decline to recognise the informal votes. Of course, whatever may be the inten* tion of the Legislature in the passing of an Act, when the Act becomes law, it has to be read in the language in which it is drawn, and if according to the legal mind, that language means something totally different from what was intended by the people's repre sentatives, the lawyers cannot be blamed for the clashing, although the lawyer who drew up the Act may be. All the newspapers who have expressed opinions on the subject have held that the Act of " recording " a vote was the a.ot of the voter. The judge takes a different view, and says the " record ing " is done by the returning officer, and that officer cannot count in any way at all a vote that is not valid, This ends the matter for the time ■ being, and " continue " is the word for three years. But the whole Act is a sad commentary on how the work of Parliament is done. If the clerks in a business house were to do their work as loosely as this Act has been drawn for the settlement of the liquor question, those clerks would be in the ranks of the unemployed very quickly. J&fore the Act which Mr Seddon Assured tfre liouse would be satisfactory to both parties will please either, it will have to be laid up for evey extensive alterations aj*d repairs

COPYRIGHT.

A dispute about a copyright is a com-1 nion affair, and author, playwright, composer and painter have frequently had more or less severe and costly tussles for their rights in courts of law. An amateur dramatic or operatic com pany in this colony has to be very care ful in the selection of the piece by means of which the members may strut their little hour upon the stage and show a kindly audience " how not to do it." If the selection of the piece is not done with due care, a choice may be made which may infringe the rights of some author or composer, and a de mand for a more or less substantial royalty will be promptly made by the agent in this colony of the Dramatic Authors' Association. It is a well known fact that many American pub lishing firms pirate the works of the best English writers, and, paying no royalty at all, and not a cent of remu neration to the authors, are able to issue standard works in cheap form—in the form in fact of the shilling novel. The cost is only that of the composi tors' wages, the price of the paper, and the machining of the book, followed by the merest apology for binding, and a work is produced that can be sold for a few shillings. The same work is per haps retailed in Britain at as many pounds. Against this sort of piracy the authors have a right to complain, and the sympathy of every right minded person would be with them in their endeavor to protect their rights. But an instance occurred recently in which a painter desired to have his rights protected, which instance is somewhat amusing. He applied for an injunction against the lessees o£ a London theatre calling upon them to desist from the presentation, in the form of tableaux vivants, of sundry pictures which have acquired some fame. They are known as " The Three Graoes," "First Love," "Charity,' "Yes or No?" and "The Naughty Song." The figures are those of pretty, graceful, timid, or arch young maidens, according to the motif of the picture. And the allegation of the painter was that their reproduction on the stage of a music-hall or theatre vulgarised the pictures and damaged the sale of the engravings, besides diminishing the value of the originals. If the argu ment of the artist should be upheld, a remarkable effect will follow, Most people would be disposed to think that the reproduction of pictures in the shape of tableaux vivants, if the repro duction were carefully and gracefully done, would be likely to enhance the pictures' value by increasing their popularity. It is quite reasonable for an artist to object to the issue of cheap and common imitations of his work to undersell it in the market. But as yet the copyright law has failed to cbeck the flood of common engravings of notable pictures that is poured out every year by German apd United States houses. Neither can the copy right law shut up the organ grinders or the horrid brass bands, who every day murder the music of the great masters past and present. The prohibition which the painter of "Ihe Three Graces " desires seems to be just a little too far-reaching to meet with popular approval. If he is successful in gain ing it,no illustrated journal will be able to delight its readers with copies of the great art works of the year; no ladies at a fancy ball could take part in a figure from any of Raphael's divine creations; and the living characters who occasionally at country concerts give us such pictures as the "Dirty boy," would be liable to punishment at the hands of the law. Even a lady might find the terrors of the law held up before her should be wickedly flatter an artist with the sincerest form of flattery, and imitate in her own garmenture the style of costume he de picted in one of his works. This is copyright run mad, and if " The Three Graces" cannot be produced in tableaux vivants on the stage, then no writer can quote from the works of the masters, no orator can employ the sayings of men of mark to enhance Mr own eloquence, and the writing of magazine and newspaper articles will become a prohibited art. Not yet awhile, we fancy, will the tableaux cease.

LOCAL AND GENERAL.

At Lytteltoa yesterday, Ada Emma Flavell was fined 203 and ccmts for signing a declaration for a claim to vote when she waa under the age of 21. The Kaiapoi Woollen Manufacturing Company has declared an interim dividend for the six months ending March 31, at the rate of nine per cent per annum. The cost of the licensing election for Riccarton was £75 17s 4d ; or £6 6s 6d per booth. For Selwyn the cost was £60 lls 3d f or £3 03 7d per booth. In Kaiapoi district the amount was £65 10s 7d. Mr Jecks, who has made a good many rriends during his residence in Ashburton has severed his connection with the Ash | burton Drug Company, to accept a better I position in Wellington, for which city he left yesterday. The Mayor of Christchurch yesterday re ceived a reply to his telegrams regarding the unemployed from the Hon. W. P. Reeves, Minister for Labor. It stated that he had arranged with the Minister for Lands, to take on a number of men at Cheviot, equal to the number dispensed with this autumn. He had also advised Government to start one or moie State farms. He could rely that the Department of Labor would see that Christohurch men got their fair share of any co-operative pnblic works in progress, and that the Government would put all work on hand this winter that the finances would permit. The proposal to subsidise local bodies was a Cabinet matter which would be considered by the Cabinet after the Premier's return to Wellington? He was now wiring to the Premier oa the llib|e«ti,

At Lytteltoa yesterday, James Patterson, proprietor of the pleasure grounds, Diamond harbor, was fined £50 and costs, on a charge of selling beer without a license. In two other informations a nominal fine of Is and costs was imposed. Mr Kirby, the well-known Napier jour nalist, has received newß that his brother who had been for many years a lion hunter in Central Africa, has returned T to England for a visit/after having been some eighteen years in the interior of the Dark Continent. Of aixty-seven Queens of Prance only thirteen have died without leaving their histories a record of misery. Eleven were divorced, two executed, nine died young, seven were soon widowed, three cruelly treated, three exiled; the poisoned and broken-hearted made up the rest. The Victorian Minister ot Agriculture estimates that the export of butter from Victoria next year will amount to 10,000 tons, being 4000 tons more than last year, and that the reduction of one farthing per pound in the ocean freight will represent £22,500. Me P, C. Selous, the famous African hunter, has shot more than one hundred elephants and at least twenty lions. On one occasion he accomplished the unprecedented feab of killing three full-grown lions with four shots. The flesh ot the lion is, he says, capital eating. " Lion pie is almost as good as veal pasty, and quite as white." The "Taieri Advocate" of yesterday's date has the following paragraph :-~We understand that the Cabinet will shortly discuss whether or not they will take action in the matter of testing the legality of count ing the informal yores recorded at the licensing elections in calculating the result of the poll. They will also decide whether or not they will cause full enquiry to be made as to alleged roll-stuffing and illegal striking off of names from rolls. It is ex pected that these questions will be dealt with at an early date. A well-known resident in the Mataura district, James M'Kechnie, was committed [ by Mr Hawkins, S.M. on, Thursday last to take his trial before the Supreme Court on a charge of perjury. M'Kechnie figured as defendant in a civil case, and gave evidence on his own behalf. Mr Hawkins, however, gave judgment for plaintiff, and then said, "'James M'Kechnie, stand up. I am. of opinion that you have committed wilful and corrupt perjury, and am going to commit you for trial at the next sitting of the Supreme Court. If you wish for bail, now is the time to ask for it." Mr Fletcher, who appeared for M'Kechnie, said that of course he wanted bail. The amount of the sureties haying been fixed, Mr Fletcher ventured the remark chat he thought there was no evidence to support the charge of perjury and secure a conviction, in reply to which Mr Hawkins said, " Pardon me, I've strong evidence here (pointing to various papers), I believe he committed wilful perjury. Sergeant Fleming, you are bound over to prosecute ; and Mr Neave, Mr Mouat, and Mr Forsyth will be bound over to appear and give evidence." The annual meeting of the sub-division of Tinwald, in the Longbeach parochial dis trict, was held in the Parsonage on Tuesday evening. The attendance was gqpd, and the churchwarden's report for the year was of a satisfactory nature. The parish fete at Longbeach, together with the supplementary sale of work on Easter Monday, realised the sum of £43 19a lOd net in aid of the Parson age debt fund, and two concerts in aid of the local church fabric fund the sum of £15 6s 3d net. The general offertories for the year amounted to £12 3s Bd, and the special to £3 10s lid. The annual subscriptions, which usually amount to £20, huve not yet been collected. A hearty vote of thanks was accorded to Mr W. H. Lowe for the able and praiseworthy manner in wh eh he had discharged the duties of churchwarden during the past year; to Mrs Vessey and her family for their kind and gratuitous help in cleansing the church; to ladies of the con gregation for their voluntary help in con nection with the parish fete and concerts, and to the Sunday School teachers. Mr W. H. Lowe was again elected churchwarden, and the following gentlemen a vestry for the coming year : — Messrs Culverhouse, Clark, Heseltine, Hawkins, Leggett, Tippetts and Stephens. Great regret was expressed at the contemplated departure of Mr and Mrs Farly from the district.

THE MARKETS.

Lonpon, April 10. The American visible supply of wheat is 88,000,000 bushels.

The New Zealand Land Association, Limited, has received the following Lon don cable message, dated 10oh April : — Wheat—There is an improved feeling. Spot quotations have advanced 6d 4961bs since last report. New Zealand f.a.q. is worth c.i.f. to arrive (quotations nominal) 24s 9d per 4801bs.

ADDINGTON STOCK MARKET.

Oheistchyeoh, April 11. There were large entries at the Adding ton market to-day, and a good attendance bat business throughout showed a want of animation and sales generally were un satisfactory to vendors. Fat Cattle.—l6B head were entered, mainly light weight beasts. The sale was not a brisk one, and last week's prices were scarcely maintained, Steers, £5 to £8 2a 6d ; heifers, £5 to £7 17s 6d ; cows, £6 to £9 7s 6ci. Store Cattle.—A large entry of mixed sorts met with a poor demand, and very little business was done. Springers, from £4 10a to £7 ; dry cows, £2 to £5 ; two and three-year-old steers £4 to £5 ; eighteen month-old cattle, £2 10s to £3 2s 6d; yearlings, £1 10s to £2 lus ; dairy cows, £5 to £8 10s, j Fat Sheep—The entry comprised about 6000, the bulk crossbred ewes and merino wechers, with a few pens of prime cross bred wethers. All sheep fit for freezing were taken for the Home market. Croßs bred prime heavy weights, 13s to 15s ; secondary, 10s to 12g; best crossbred ewes, lie 6d to 13s 6d ; secondary, 6s to Jla ; best merino wechers, 8s 3d to 10a 3d; secondary, 5s 5d to 7s fid j merino ewes, 2s lOd to 8s 6d. Fat Lambs—Over 1000 were yarded, but the quality was poor and very little business was done, any changing hands doing so at a reduction on late rates. Prime, 8s 6d to lls ; secondary, 5s 6d to 7s 6d. Store Sheep—Over 8000 came to hand. There was very little enquiry and a dull sale. Forward turnlpers. lls to lls lid; secondary, 7s 6d to 10s : good crossbred breeding ewes, 8s 3d to lls 6d j aged, 38 to 5s 6d ; crossbred lambs, 4s to 8s; sound-mouthed meriao ewes, 2s 6d ; culls, Is to Is 9d. Pigs—Another large entry, bnt prices were slightly easier than those of last week, and baconers barely averaged 4*d per lb. Heavy baccners, 40s to 50a j light, 35s to 4Qd ; porkeis, 25s to 30s; stores, 8s to 20s.

Ashbuton Polo Club.

ANJSUAL SPORTS.

President —W. B, I-enshire, Esq. Stewards—Messrs R. Curtis, S. H. Graves, E. J. Paol, S. G. Roberts, and E, Saunders. Judge -M. Stitb, Esq. Starter- Dr Tweed. Handi capper—A. J. Kelly, Esq. Clerk of Scales—R Friedlander, i£sq. Clerk of Course—r. E. Upton, Esq. Hon Sec—Wai. A Saunders, Esq. 1 The annual sports in connection with theAshburcon Polo Glub were held on the Aahburton lace course yesterday. The weather was perfect but the atten dance was only moderate. The events wen* all well contested, and the training track was utilized by a number of those present as a stand for their vehicles, who were thns enabled to gain an excellent view of the horses as they passed the stand. A German band whose services had been secured by the club, beguiled the time pleaaantiy with exceptionally good muaic. Mr Jewitfc was very energetic attending to the wants of visitors as regards re freshments. Following are the results :— Bending Competition, for trophy. First Heat—Mr E. D O'Rorke's Chum, (Owner) 1. Mr J. B. Todhunter'a Mr Sponge, (Owner); Mr A. E. Rhodes' Tukahamoamoa, (Owner), also started. Second Heat—Mr R. H. Rhodes' Jack O'Lantern, (Owner) 1. Mr G. A. M. Buckley's Nobby, (Mr E. Roberts), also started. Third Heat—Mr W. A. Saun ders' Fairy, (Owner), 1. Mr E. Saunders' Brenda, (Owner); Mr T. 8. Howell'a Loo, (Owner), also started. Final Heat. Mr R.. H. Rhodes' Jack O'Lantern, (Owner) 1 Mr E D. O'Rorke's Chum, (Owner) 2 Fairy fell out at the half distance, and Chum just passed the stand first after « good finish, but was disqualified for knocking down a stake. ABHBURTON PoiO CUP HANDICAP, for trophy; minim am weight lOsfc. Four furlongs. Mr F. I*. Claridge's br g Daddy, lOat, (Owner) 1 Mr E. D. O'Rorke's br g Salvator, 12at 101b, ... ... (Owner) 2 Mr A. B. G. Rhodes' eh m Bamboo 11, UstlOlb, (Mr Lance) 3 Mr J. B Todhunter's b m Dinah, lOst 121b, (Owner); Mr R. H. Rhodes' b m Shekel, lOst 91b, (Mr E. Roberts), also started. After some delay at the post the horses were got away to a good start, with Bamboo II in the lead and Salavator second. The field were well together at bhe corner when Daddy took the lead and going strongly won by a few lengths, a similar distance between second and third. Time, 54sec. Cigar and Umbrella. Race, for trophy, Mr R. V. Curtis' Gerty, ... (Owner) 1 Mr W. A Saunders 1 Fairy, (Owner) 2 Mr S. G Roberts' Jeannie, (Owner) j Mr T. S, Howell'a Loo, (Owner); Mr F. P. Claridge's Daddy, (Owner), also started. W. Saunders had his cigar lighted, his umbrella opened, and was away firat, keeping hJs lead until close to the stand, when Mr Curtis came with a grand finish and won by a length. Tandem Race. Mr S G. Roberts' Joannie and Th 9 Bob. ... (Owner) 1 Mr R. H. Rhodes' Shekel and Jack O'Lantern, ... ... (Owner) 2 Mr G. A. M. Buckley's Nobby and The Toff, (Mr E. Roberts), also started. Mr Buckley's and Mr Rhodes' pairs proved refractory at the turn, and Mr S. Roberts who managed his pair exceedingly well was lefo to win as he liked. Hubble Race, for trophy ; over three flights of hurdles, 3fo high ; weight 12 st 21bs, with an allowance of 51 bs foi every half-inch under 14 hands. Fivt furlongs. Mr G. A. M. Buckley's pbd g Pink'uo, lOat 101b ... fMr F. Claridae) 1 Me E. D. O'Rorke's eh g The Chum, 12st21b (Owner) 2 Mr G. Palmer's b g Alister, 12st 21b (Mr E. Saunders) 3 Mr J. B. Todhunter's m g The Lad, 12at 2lb (Owner); Mr E. Saundera' b m Brenda, 10 -.t (Mr W. Saunders) alsoatarted. Won easily by several lengths, a close finish between second and third. Time, lmin 12sec. Ladies' Bracelet—First priza bracelet; second, bracelet presented by S. Salek, Esq. Competitors to a art with ribbons, gallop round post from right to left, one furlong distant and back, dismount at starting point and lead pony tr lady, who will thread needle ; when needle threaded, remount and again gallop round post from right to left, and finish with needle th-eaded> First and second ponies in each heat to run off in final. First heat—Miss Todhunter's br g Mr Sponge (Mr Dampier Crossley), 1 ; Miss R. Buckley's br g The Toll (Mr E. Roberts), 2 Miss Batchelor 8b in Dinah, (Mr R. H. Rhodes) ; Miss Daisy Bell's m g The Lad (IVTr Todhuuter); Mrs A. E. G. Rhodes' eh m Bamboo It. (Mr Lance); Miss Main war ing's m ra Jeannie (Mr S. Roberts); Mrs G. A. M. Buckley's p-bd g Pink'un (Mr F. Claridge). also started. Second heat— MrsE. Saunders' Brenda, (Mr E. Saunders), 1; Mrs R. H, Rhodes Shekel (Mr R. H. Rhodes), 2. Mrs A. Curtis' Gerty (Mr B. Cards); Miss Pil brow's Fairy (Mr W. Saunders); Miss Buckley's Danseuse (Mr Orbell); Miss Roberts' The Dun (Mr E. Roberts), also started. Fl ial Heat. Miss R. Buckley's br g The Toff, (Mr E. Roberts) 1 Miss Todhunter's nr sf Mr Sponge (Mr Dampier Crossley) 2 Mr R. Roberts was firs*-' to pecure his needle threaded at the half distance, and remounting quickly gained a lead of a few lengths, which he maintained till the finish. Costume Race, for trophy; first and spcond pony in Cup to carry 4st and 2st penalty respectively. Four fur longs. Mr A. E. G. Rhodes' eh m Bamboo IF (Mr Lance) 1 Mr E. D. O'Rorke's eh g Chum (Owner) 2 Mr S. G. Roberts' or m Jetnnie (Owner), Mr T. S. Howell's blk j? Loo (Owner), Mr R, H. Rhodes' gg Jack O'Lan tern (Owner), Mr Claridge's The Dun | (Owner), Mr 4. E. G. Rhodes' br gPuke hamoamoa (Owner), also started. The costumes in this race were exceed ingly well got up, several being strikingly original and were much admired. Had the trophy been for costumes the judge would have had a difficulty in picking the winner, but the race fell an easy victory to Bamboo II by three lengths. "arbweli. Handicap ; open to all ponies except winners of Cup and Hurdles. Five furlongs. Mr O'Rorke's Salvator, 12st 91b (Owner) 1 Mr A. E. G. Rhodes' Bamboo 11, list 4ft> (Mr Lance) 2 Mr CtaruWs Shekel, lOst 71b, Mr Buckley's Nobby, 10st71b(Mr S. Roberts), Mr Todhunter's Alister, 10at41b (Owner), Mr A. F. G. Rhodes' Pukehamoamoa, LOst (Owner), also started. A good finish. Won by a length.

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ASHBUTON LOCAL OPTION POLL.

PROCEEDINGS IN THE SUPREME COURT.

THE LOCvL UPTION POLL QUASHED.

Lyttelton Times.

At ttie Supreme Court yesterday morn ing, before his Honor Mr Justice Pennie tofl, Mr Stringer (for Mr Outhbertson) applied on behalf of Arthur William Lane and Henry Davis, hotelkeeoers, for an. order directing that a eertiorari might issue against Joseph Ward, leturning officer for the Ash burton licensing dis trict, removing into the Supreme Court the declaration of the local option poll made hy him, in order that such declara tion might be quashed, or otherwise dealt with as the Court might think fit, upon the ground that the number of votes re corded at the said poll did not amount to one-half of the total number of electors on the roll of the said district, and there* fore that the said poll was void, and the said declaration of the returning officer was contrary to Jaw. An affidavit had been filed by William Bowden, one of the scrutineers *t the election, to the effect that, in ascertaining the reault of the poll, it was found that there were 342 informal votes, and that such votes were accord ingly rejected by the returning-officer; that the total number of rotes recorded at the said poll was 1775, being less than one half of the total number on the roll; ♦hat, in counting the number of the votes recorded at the poll for the purpese of ascertaining whether or not the said poll was void, the returningofficer included all such informal votes. Mr Purnall said he formally appeared on behalf of Mr Ward, the returning officer, to submit to the decision of the Court. His Honor, Mr Justice Denniston, in giving judgment, said that in an ordinary case, where the defendant admitted that; there was practically no defence, the order would in all probability be made as asked for, without remark. But as there had been considerable discussion over this particular question, it seemed to him necessary to state the grounds for holding the opinion he did as to the proper course to be taken, a coarse which, he was now informed by the counsel for the plain tiffs had been taken by every Re turning- Officer throughout the colony except the defendant. The simple question was, what was the meaning of the words "total number of votes recorded at the poll," as used in the last clause of Sec tion 18 of the Alcoholic Liquors Sale Con trol Act of 1893. He thought the con struction of these words, looking at the whole Act and the Acts relating to elec tions, created no difficulty. The key to bhe position seemed to blm to be the con sideration that throughout the Act the re cording of a vote appeared to refer to the act, nor, of the intended voter, but of the Returning-officer, There was a loose and I popular sense in which it was said that a | man, when he took steps to have his vote recorded, recorded his vote, but he did not think that it was by any means used in this sense in the Act. In the Eleotoral Act, 1893, the word "recorded" was used only once, and that was in Section 104 In the same section it was shown that the Informal votes were to be re jected. In the Alcoholic Liquors Sal© Control Act it was provided that the Re turning-officer should count the votes. Now what was meant by vote ? Clearly it seemed to him the effective vote. The same word "counting" was also used in the Regulation of Elections Act; see, for instance. Section IJ6. It was clear thab the Returning officer could not count as votes what the Act required him to treat as informal, and therefore ineffective. That this wa« the proper construction o£ the Act he thought would be seen by the consideration of the'other sections. Thus, in Section 18 of the Alcoholic Liquors Sale Control Act, thrsa questions were dealt with, viz, retention, reduc tion, or prohibition. It was provided m Subsections 1 and 2 o? Section 18 that if, on counting; the votefy the Returning-officer finds that an absolute majority of the votes recorded are given in f ivor of the proposal for con tinuance or reduction, then such pro posals shall be deemed to. be carried. If the words " the votes recorded " were to be held to include informal votes, it might be that none of the propositions would be held to be carried, not haying an absolute majority. For instance, there might be 500 votes for the continuance and 501 for prohibition or reduction, which combined meant reduction. Then there mi?ht be i dozen or even less of votes which were informal. There could then be no absolute majority, according to the defendant's contention, on any of the propositions, and neither could be carried. Now, in seemed to him chat the sections of the Act dii not provide for, and clearly did not contemplate, any such result. If one had to look at the inten tion of the Act, which was of course only to be done if the section was clearly ambiguous, or the intention obviously opposed to the fair and grammatical meaning of the words—neither of which seemed to him to exist here—there was nothing to intimate that the course taken by the defendant was a proper one. Even if he had to consider the intention of the fraro ers of the Act, he (his Honor) said he could see nothing to intimate that the informal and inefficient voting papers were to be counted as " votes recorded." There was nothing in the Act, it seemed to him, to contemplate that, and be should be sorry to read it in this way, as ib was clearly opposed to the meaning of the words, «* votes recorded at the poll," and would in some instances render the Act inoperative. The construction of a Re* turning-officer would cut both ways. On the one hand, it might assist those who were voting for prohibition by bring ing the number of votes over the required one-half, but in other oases ife might tell against those in favour of prohibition, because what might be a three-fifths majority, excluding informal votes, might not be so if the informal votes were counted in. The possibility of i such a contingency proved, he might almobt say, the absurdity of the course taken by the Returniag-officer. He thought, in short, that a vote was not re corded until it had been counted by the Rftturmng'officer and recorded as part of the votes polled. He was quite satisfied that informal, and, therefore ineffective, voting papers could not be treated as votes actually recorded. He thought, therefore, that the position taken by the Returning-officar was not one which could be supported, and he had, very properly, by his counsel admitted this. Then as to the remedy. There could be no doubt, he thought, that in cases where the de cision might affect property to the value of thousands of pounds, as in a large and populous city for instance, it was never the intention of the Legislature that its should rest with tha uncontrolled con struction of the Act by the Returning* officer. In most Acts there were special tribunals appointed to decide these ques tions, but it could nor be contended that there were any provisions in the Act to meet this case, That being so, then they were driven back to the powers of that Court to direct any public officer to carry out his duty. The Court possessed that power, and the propriety of using it was admitted by both parties ; the only ques tion was as to the method. It was agreed that the proper course would be to issues mandamus directing the Returring-officer to take a proper return. That was on the assumption, rf course, that the Returning, officer had not now matU a proper return. The applicant also asked for a writ of cer* tforotH to quash i-he existing declaration, q|

MUfi ASHBORTUJX QUA&DIAM i frHtIBSDAY, A&RIL 12, 1894.



Business Notices. Special Prices for this Month at ; G. J. Neill and 00/s THE CHEAPEST HOUSE IN ASHBURTON FOR I>ICAPJEI*Tr\ CLOTHING, i*JNI> BOOTS. Long Lace Curtains Is 9d pair Doable Width Dress Goods^fcd Cretonne) Sid Dreßs Good" 3s lld doz Double.bed"WhUeTwUlßheeting»id Torkish Towels B|d . Grey Calico 2s 3d doz Women's Ribbed Hose 6d pair Cotton Shitting, veiyjstrong 3*d Double-bedQuUta 3s lid each trong Ticking s§d Heav Forfar s|d CLOTHING. CJLOTjHING. Boya'Tweed Suits 3a Ud Metf" Shirts at any price Men's Tweed Trousers 10a 6d now 6s lid Men a Merino bocka only 6d pair Men's Colonial Tweed Suits only 19s 6d Men's Ties at half price. Men s New t«S [Tweed Suits 39s 6d Men's Colonial-knit Woollen Socks only how 29s 6d 9|dpair j SOOTS. BOOTS*. In Boots we defy competition, all our Boots are made specially to our>rder. We guarantee every pair Vo give satisfaction. Women's Elastic-side Boets 8s 6d, now Men's Balmoral Boots 10a 6d, now 7s lid 5s lid Men's Bluchers 5s Women s Kid Shoes 7s lid, now 5s lid Men's Nailed Shooters 10s 6d, now s lid Women's Leftthe* Shoes 7s 6d, now 5s lid W 3 men's Carpet Slippers Is 6d Children's Patent Leather Shoes and Slippers in Endless Variety at G. J. NEILL AND COS, FRIEDLANDER'S CORNER TERMS CASH. By Royal &9&. Letters Patent, JOSEPH FORDS Scour and Lung Worm Mixture. THE RENOWNED SHEEP MEDICINES. ROTHILL, WATSON & CO. Offices, Isk Street Warehouse Railway. Invercargill: N.Z. 6th March We have been selling Ford's Lung Worm Mixture for the past four years, and daring that period have not had a single complaint. On the contrary everyone we have asked have expressed themselves pleased with the results obtained from its use. Yours faithfully, Tothill. Watson Co, From ! WEIGHT STEPHENSON, & CO, High Street, Dunedin. Although we have acted as agents for Ford's Scour and Lung Worm Mixture for the last two yews and have supplied sheep breeders regularly dv ng that period we have not yeth&d a complaint, in faotwe have heard bab f*voic*bla reports from all who have used it. Yours truly, Wright, Stephenson and Co« MR F' FERaiMAN, Ashburton June 12, 1893. As the mixture appears to be steadily'growing in favor here, ib might be as well to send another few eases as some of the runs are now buying a case afe * time.—fours For the Marlborough Farmers' Co-Cperafcjve Association, Li nifced, E MKAD, Manager. The United Farmers' Alliance, Limited, Wellington, Branches: WanganuijPalmerston North. February 2, 18.-**. We have had no complaints from those who have used the mixture, so cannot bat conclude that it has ,iven satisfaction. -Toy Ammunition* Ammunition, Guns, euns, } POWDEB, SHOT, CAPS, CABTBIDGES, OAKTEIDGES. SPORTv^MEN Requiring a First-class GUN should inspect our Stocks Eery Gun warranteed new from the factory. W. H. COLLINS & CO. MERCHANTS AND JMPOETEES. fßoyal Insurance Company I Grey Valley Coal Company „, .. Hn ' ti J Springfield Pottery Company AOENTS FOR I uorben and CoB Celebrated Enamelled Mantelpiece I MeKeneies Furniture Renovator



XF your mind is troubled : nothing else will give the troubleß so thoroughly awayaa Health Tea. Try it.— Henry Za.NT>er, Wholesale Agent. To Let—A small shop with two rcoms attached, situated in BHJ, neorn r£o CK "~ I A CARD.] M ISS M° BRIDEj LADIES' NURSE, | Baraets Streen West (a few doora from Drilbhed), ASHBURTON. _____ THE REASON WHY CRATCHEAD AND BERRYMAN ARE fche Lea ling Tailors and Outtfcters in Ashbarton— BECAUSE They kaep the Largest Stock of Fashionable Tailor ins? Goods. BECAUSE They employ the Largest Number of First Claea Tailors. BECAUSE They do the Largest Tailor ing Business. BECAUSE They give Ihe Besfc Value, Fit, and Workmanship BECAUSE Their Motto is— £Hf* Satisfaction. CRAIGHEAD STbERBYMAN, THE LEADING TAILORS AND OUT FITTERS, ASKBU R T O N



TIHVVaLD.—FOR SALE, Section No 18, well situared In Archibald Street, no far from the Railway Station, with square built dwelling thereon, Stable, Shed, etc Price, £150. Small cash deposit, balance by instalments, bearing interest at the rate of 7 per cent per annum. —T. | BULLOCK [M~O LET.—At a low rental, Cottage, I JL fronting the Alford Forest road T. BULLOCK. jmAMU 3E»& Sown Eucalypti Extruct | There aic imitations of Eucalypti" Extract in the I n»rket now, products of s'mple distiHatioa forming ' ru<ie rpsinous oils In order that th Mse crude oil? mty n<* be taken, Our Ptmt: Volatilb Edcai.tpti Extract, whic'' is recognised by the medical division of ihe Prnssim Government to be r>f ppr fectly pure origin, as their information forwarded to us through the Consul at Melbourne, March 2,1878 we state : - I is proved by tests by the Medical Clinic of the Universities at Bonn and Grief swal', Pmssia- an i reported by Dr Schulz,, Proffl^or of Parmacology. at Bon, and Professor Dr Mosler, Director of the I Medical Clinic at Greifswsld, that only product* that I are saturated with oxygei and freed of a>"ids, resioos:? and other sobstapceß, adherent to primary distillation. I will develops the sanative qualities proper to the plant according to these authorities, and according to Tro fcajor Dr Lirter of England, and to Drs Bauer, 1 Mctotire, Wood, Hnzard, ttc, of America, is the only i extras* to seientiac tests, and the rnly one which "poip-sae* th« proper therapeutic val-ie. Sander & So^'s Eucalypti Extract ; All other crude oils axs to bo classed among the turpentines, which hnve. v/hefj. used as medicine.no I therapeutic effect and are abanaoi^cd as an internal Medicament. These so called Kucalyjto Extracts wh'eikMay have received distinction at Exhibitions as commerciKi fftiQes »re used for mechanical pur poses arc otify dj^^^^blc ■*"* 1 By their deficiency Ik pungent odour (Which our, produu*, ther>!]lyg'».'»P« kncnl.\pti Extracts de velopes most freely though Hx iurplm of oxygen ; By their Blcohilic thin and mohiia appearance, being recuced in specific density tla-oß^a the orese'ice of acids 3 their t»ste, the re-ult of the contracting ten dency of re=ia3 and tennates. If «£se crude oK so called eiwalypti extracts are applied *y j»istake ia cases-) E croup, bronchitis, diph theria, interoaJ tofH^imatiotis, dysrentery, wonnd*. tbt consequences nre apm^ing For *.fety al-wys ask for S^DKR AND BON'B EUC^.YPTt EXTKACT and gel the old, well-tested and veliaoie hurst, Victoria, Anstralift. ! SAj*DJj}i& AND 80N'%



Special Consignment I }IRECT from the Manufacturers, LADIES' GOLD RINGS, GOLD BROOCHES, GOLD BANGLES, In plain Gold, and set with Diamonds, Rubies, Sapphires and Pearls. A large and very choice stock of newest designs jnot received— Bousrht for Cash, DIRECT FROM THE MANUFACTURER in England at a iberal discount, will be ofieied at WENTY Pffiß CENT LOWER than sual prices by 8. Salek, WATCHMAKER and JEWELLER, ASHBURTON. NEW ZEALAND Clothing Factory. »"pO those looking about for a good JL Waterproof Coat for the Winter. CALL AT THE FACTORY IN EAST STREET. ELECT YOUR OWN PATTERN. OVER IOO^TO CHOOSE FROM. No parished goods in stock. All sewn seams. Waterproof Coats with Cape Waterproof Coat Macfarlane Waterproof Fishing Outfit Waterproof Shooting Cape Waterproof Waders Waterproof Riding Aprons Waterproof Ponchos Waterproof Bbycle Capes. SPECIAL SPECIAL SPECIAL. LADIES' WATERPROOFS LADIES WATERPROOFS LADIES* WATERPROOFS MADE TO MEASURE. NEW ZEALAND CLOTHINC FACTORY AND WATERPR' OF MANFACTURERSI ALEX. HENDRY, Manager.



Wanted i J EVIE W of Reviews for March, bound *-*> volume m; The Kingdom of God is waiting you ; Tolstoi, and other new books. —H. M. Jones. PATH OLIC Prayers, Prayer and \ *-' Hyonns, Bibles, in varioas styks and bindings.—H. M. Jones. SALE at Melfori Mouaa still on until further notice.—H, C. Segers. riTANTED Known—All goods in Show "» Room to be slaughtered at any 1 price.—Arcade Pouse. 4 28 IF you want first-class fruit go to Ad\jis for Fiji, Tahiti, Auckland and Sydney Oranges, Citrons, Lemons, etc. OYSTERS and Fresh Fish of all sorts arrive evening per express at Deep Sea Fishing Co.'s Shop, Burnett street Ashburton, 2 62 WANTED Known-L W Pants 3 3 lid, Flannel Shirts 3a 9d, Worsted Socks 6d per pair.—Arcade House 425 /"^RUSHED Oats, 5a per sack! AH \J kinds of Farm and Mill Produce cheap for cash.—J. Thomas, Havelock street. SALE now on—White Calico 2s lid per dozen, Towels 2s 6d per dozen, Lace, Curtains, from Is lid per pair, at Arcade House. 4 27 WANTED Known—Tomatoes, good ripe Grapes, Plums, Apples, etc., ab Maksdbn's Fruit Shop, beloar Mitchell and Turner's. 2 109 "pXTENSION of Sale at Melford -*-^ House. We are still selling nearly all our Goods, with New Stock added, at reduced prices.—H. C. Segers. I TIRED. S. JEEFAIES, Manafactur. } ing Confectioner, has opened a Shop in East street, next " The Corner,' for sale of all kinds of superior Con fectionery. Nothing inferior sold. No cheap cigarettes. 3§114 MRS ALCOKN has on sale for he Holidays a varied assortment of Toys, Dolls, Prams, Fancy Goods, and Christmas Presents—Saundera Buildings. BOYS' three garment long trouser Suits for 10a. Men's Colonial made nailed Shooter Boots at 7s 6d per pair at R. alcorn's sale, Ashburton Clothing Mart, Saunders'Buildings. 1116 WANTED Known—The whole of the stock to be sacrificed by order of the Pnrchaser, Arcade House. 4 26 WHAT is most essential to a tea drinker's happiness X Why, Health Tea, and don't you forget it. Hknry Zander, Wholesale Agen* TEN Crates—New goods from the manufacturers in R. Alcorn's sale. Tea sets for six persons, 9a 6d; 40 piece Tea Sets from 15a ; Bedroom bets from Bs. Large coloured hand or gilt, very handsome, 19s 6d. WANTED Known.- Men » Heavy Ribbed ail wool Pants 5s 6d, Heavy Knitted bocks, double heels and toes, Ib.—Mitchell and Turner. WANTED Known — Men's strong Tweed Suits from 16s 61; shirts from 2s 6i.—Arcade House. 4 24 \1 r ANTED Known—W. H. Collier's VV noted four-clasp Kid Gloves, 2n 6d, have just arrived in a!! siz-s. WANTED Known — Waterproof Rugs and Aprons, Heavy Trap Rugs from 4* 9i, Heavy Grey Blankets 9d 6d.— —MnCSELLAND TURNER. DON'T wash yourself. Titan Soap does the work. No rubbing. No michineft. 1 182 WAN fED Known.—Waterproofs t measure, all styles nnd pattern s Litest shapes and designs in stock.— Mitchell & Turner. WANTED Known.—ln consequence of the scircity of money, we have i extended our $a'e till further notice. — H. C. tiEGERS, Melford House. f CHOICE Ornaments, Folding Screens, \^J Own make in Ladies' and Children's Underclothing. Aprons, and Pinafores.— Mrs Alcorn, Saunders' Buildings. WANTED, Everybody to use Titan Soap, greatest marvel of the age. fl. Zander, Sole Agent. 11 181 HEALTH 1? KA. " Delightful, "Wholesome," Refreshing." All! Grocors. Wholesale a W "ANTED Known—Spectacles, Eye Protectors, Goggles, Foldecs, and everything in the optical me at S. i SiLEK's, Optician. j WAISTED Known—To make room j for Spring Boots I will give ten per cent for cash. Repairs dene at once cheaper than evei to stay b%d times over at J. Moisor»'s, Premier Bootmaker. NOTICE 1 Notice ! Sport for all. Guns let out on hire or sold on time payments. Having a professional Gunsmith on the premises, I undertake to repair Guns ot any description, Gun fittings in atock. Prices low.—J. W. Hardley, Ironmonger, etc. TT/ ASTKD Known—The Corner is W showing a magnificent New Stock of Drapery and Clothing.—W, H. COLLIBE. BANG ! Bang j E»ug ! My new sea son's stock of Ammunition to hand Kley's, Kynock's and, Cluo Cartridges, Powder, Shot, Cups, Wads, Cases and all TOortins? materials of the first quality at J. W. Hartley's, Gun Emporium. HEALTH TEA is more economical than ordinary tea. It undergoes a process whereby the injurious ingre dients are eliminated, whilst ifc renders ihe release of the better properties of the leaf more eaßy. Henry Zander, Autho rised Agent. GUNS ! Guns ! Guns t My new stock _." of Guns just to hand direct from ihe manufacturers. Double and Single Ban el Breech L-nders, Rifles, etc. In spection invited. No old stock to select from at J. W. Halley's Sporting Repository. MR John Marsden, of the Railway Bookstall, has opened a Book and Stationer's Shop two doors below Mitchell and Turner. Bo<-ks and Stationery at the lowest possible prices. Books clean, complete, and in good order will be taken , in exchange. Circulating libtary, ] i . ASTER Cards, and Booklets, Fire 1 Screens Pictures. Glass Ornaments, Christmas Caids, Cricket and Lawn Pennis Material, Photo Albums, and Frames, and hundreds of other articles are to be sold at a great sacrifice for Cash during thia month only at L. F. Andrews'* $ Cp, Stationery Hall. ~THE~BES:TTEA~ ■n CANTERBURY for the jwouey, a*id free irom any excess of astringency. - mm;css 2§. 4SK fcYJUtt GROCER r



fT^HERE is only one quality of Health JL Tea and that is the bent. Ask your grocer for it, and see that you get it.— Henky Zander. Wholesale Agent?



GOOD afternoon; Mrs Smith. Not feeling well? Have a cap of Health Tea ! Nothing so invigorating and strengthening! My word, Mrs Brown, this is simply loTely I Whole sale and retail t Zander'§,