The Sun.
London, England, 1868-05-22 00:00:00

THE LEGALI-71F-OF DERBY &WEEPS.

Henry Wilson, news-agent, of 63, Ber-
mondsey-street, Southwark, was summoned before
Mr. Burcham, at the Sow hwark Police-court, by
order of the Commissioners of Police, charged that
he, being the occupier of and using a loom iu the
above house, did use the same for the purpose of
what is known as a " Derby Swell," contrary to
the 16th and 17th Vic., cap. 119, sec. 103.
Mr. Meadows White, instructed by Messrs. Ellis
and Ellis, solicitors to the Commissioners of Police,
prosecuted ; and Mr. Sleigh defended.
Mr. Meadows White said that in consequence of
the vast number of racing sweeps existing, chiefly
in the crowded portions of the metropolis, and the
mischief caused by them, the Commissioners of
Police had thought proper to take proceedings
against the defendant, under the 16th and 17th
Vic., cap. 119, sec. 103, according to the wording
of the summons. The Legislature had considered
advisable to pass such an act, and in taking these
proceedings the Comm issioners desired his worship's
opinion. Placards, of which the following is a copy,
were conspicuously placed in the defendant's shop-
window to entice the passers-by :—" H. Wilson's
Derby Sweep. Sixth year. To be drawn on Mon-
day, the 25th of .I\la3 i--1868: One thousand mem-
bers at 2s. 6d. .each. First horse, £4O ; second,
£25 ; third, 415 ; among starters, £10; non-
starters, £l6 Is. ; all prizes to be paid in full, no
deduction. One thousand at 2s. 6d., £125. De-
ducted from th'at—discount to agents, 5 per cent.,
£6 5s ; commission, advertising, &c., £lO. Money
paid on Saturday after the race. All money not
claimed within ten days will be forfeited."
Mr. Burnham was of opinion that a similar case
had been decided to be no offence.

Mr. Meadows White thought that tLe case alluded
to was betting under some trees in Hyde-park. The
case now before his worship was for using a room
for the purpose of receiving money to be paid on
the event of a horse-race. The defendant, by his
placard and receipt which he gave for the half-
crown, promised to pay to the purchaser, in the
event of his winning, a certain sum of money.
Mr. Sleigh, on behalf of the defendant, a sta-
tioner and newsagent, said that he merely received
the half-crowns as agent to the subscribers, to dis-
tribute after the race was over. He contended that
the present summons did not apply to the case.
The act of Parliament clearly defined betting. The
defendant did not keep any portion of his premises
for betting. The first section set.fortb, any house,
office, or room open for betting purposes. If the
Commissioners of Police wished to convict the de-
fendant they must prove that he kept a room or
office fur that purpose.
Mr. Burcham observed that in the preamble of
the Act the word betting was made use of, and
nothing else.
Mr. White was of opinion that the defendant
came within the meaning of the Act, as he received
money on a racing event. He called
Sergeant John Pope, 6 M, who said he knew the
defendant. A week ago he went to his shop, 63,
Bermoudesey-street, and purchased a ticket for a
Derby Sweep, for which he paid him 2s. 6d. There
were several placards in the window inviting
passers-by to purchase tnern.
Mr. Burcham was of opinion that the case before
him did not come within the meaning of the act of
Parliament. It had been decided that selling
tickets for racing sweeps di.l not come within the
ordinary meaning of betting. The defendant did
not promise to pay out of his own pocket any
money. He did not bet. He merely was entrusted
'by persons to rective money and distribute the
same. if any offence was committed it came within
the Lottery Act, and not within the act of Parlia-
•ment under which he was summoned. Under
these circumstances he dismissed the complaint.
Mr. Meadows White informed his worship that
be should consult the Commissioners of Police as
to asking for a case to go to a superior court, asthtoe
question at issue was of the utmost importance
I the public.

The correspondence relative to the proposed charter to
the Irish Roman Catholic University has been published.'
It commenced on the 23rd of October last, when Archbishop
Leahy and Bishop Derry applied to Lord Derby for the
charter, having been taeputed by the Roman Catholic
hierarchy to do so, and to conduct the negotiations
without limit or restriction. The Earl of Mayo
simply acknowledged the receipt of the letter, and
nothing further was done in the matter during
Lord Derby's tenure of office. On March 14, just
after Mr. Disraeli had been appointed Prime Minister,
Lord Mayo wrote to Dr. Leahy, enclosing a " confidential
memorandum." With respect to the Government pro-
posals on Irish policy which had been announced in the
ITonse of Commons, Dr. Leahy replied, urging several
ol,jectilms to *e scheme as set forth in the memorandum,
and added that both he and Dr. Derry would wait
on the Chief Secretary on an early day. On March
2 the two prelates had a lengthened interview
with Lords Malmesbury and Mayo, and having stated
the:r views, agreed to put their opinions in writing. This
they did at great length. They contended that the new
university ought not to be simply an institution for
11“bling examinations and conferring degrees, but ought
furthermore to be a teaching university, having its
own full staff of professors, men of the highest
mark in every department of letters and science,
who should deliver courses of lectures open to the
s! udents of the several colleges affiliated to the university.
The colleges ought to be perfectly free as regarded their
internal concerns, the appointment of rector, professors,
and other officers, the course of studies, and the rules and
regulations. Then, the Chancellor ought to be a prelate,
and they respectfully suggest that Cardinal Cullen should,
be the first Chancellor of the new university. After the
first nomination by the Crown, the Chancellor should, be
elected by the Senate (an exclusively Roman Catholic
body, including four bishops and the President of May-
nooth College), and not by Convocation, which would be
composed mainly of youthful graduates. The election of the
six lay members of the Senate should also rest with that,
body itself, and not with Convocation. Further, the
safety of faith and morals in the university could
only be secured by recognising in the bishops, as
members of the Senate, the exclusive right of
morals. That right belongs to them, and to them alone, as
pronouncing authoritatively on all matters of faith and
compared with laymen ; for, according to the doctrine and
discipline of the Roman Catholic Church, it was not com-
petent for laymen, nor even for clergymen of the second
order, however learned, to judge authoritatively of faith,
and morality. That was the exclusive province of bishops,
who should have the sole power of judging as to heterodox
teaching of professors, lecturers, or other officers.
Protestant students need not be required to attend
any Roman Catholic observance, but, on the other hand,,,
the liberty of the professors to treat, in a Catholic sense,
of history, ethics, law, or other subjects, ought not to be
restricted. Lastly, the veto of the Senate over the
appointment of the professors and other officers of the
affiliated colleges, as proposed by the Government, was
uncalled for and ought not to be maintained.
To the document containing these conditions Lord Mayo
replied as lately as the 11th instant. He expressed the
opinion of the Government that the adoption of such sugl
gestions would materially alter the character of the pro-
posal made by him in the House of Commons. The
Government wished the clerical and lay elements should.
be adequately represented in the governing body, the
offices being filled up by a system of free election. In the
first place the appointment of all heads of colleges
should be subject to the approval of the university
governing body. And as to the Chancellor being an,
ecclesiastic, that would be inconsistent with one of the
fundamental principles of such an institution, namely,
that such a dignitary should be elected by the university
at large. The Cabinet were not prepared to add to
the number of the hierarchy on the board, nor
could they consent to the future Chancellor being
elected by the Senate, and not by Convocation. He,
ought to be the choice of the whole body
of graduates. The six lay members of the Senate should
also be elected by Convocation. Lastly, the proposition
that the episcopal members of the Senate should possess
any power greater than that of their lay colleagues was
one which her Majesty's Government could not entertain..
To this Dr. Leahy replied on the 16th inst., in the fol-
lowing curt terms : " My Lord, I have the honour to
acknowledge the receipt of your letter respecting the
changes in your plan of a Catholic University, suggested
by the Right Rev. Dr. Derry and myself. I have. ke,.‘
PATRICK LEAIIY." With this the matter drop%

TERRIFIC EARTHQUAKE IN ma

SANDWICH ISLANDS.

A telegram, dated San Francisco, May 7, says : "The
barque Comet, from the Sandwich Islands, brings
.accounts of a terrible volcanic eruption by Mauna Loa,
which began its demonstrations on March 27. On the 28th
10) earthquake shocks were felt, and during the two weeks
following to April 13, 2,000 earthquake shocks occurred.
At Waischina the earth opened in many places,- and a
tidal wave sixty feet high rose over the tops of the cocoa
trees a quarter of a mile inland, sweeping human beings,
houses, and everything moveable before it. A terrible
shock prostrated churches and houses, and killed many
persons. In all 100 lives were lost, beside a thousand
horses and cattle. The craters vomited fire, rock,
and lava, and a river of red-hot lava, five or six
miles long, flowed to the sea at the rate of ten
miles per hour, destroying everything before it, and form-
ing an island in the sea. A new crater two miles wide
opened, and threw rocks and streams of fire a thousand
feet into the air, and from it streams of lava rolled to the
sea. At one time, the illumination was visible at night
fifty miles distant. The lava has pushed out from the
shore one mile. At Waischina, three miles from the shore,
a conical island rose suddenly, emitting a column of
steam and smoke, while the Kono packet was passing,
spattering mud on the vessel. The greatest shock occurred
on April 2, a great shower of ashes and pumice. During
the great shock the swinging motion of the earth was
dreadful, so violent that no person could stand. In
the midst of this tremendous shock an eruption of red
earth poured down the mountain, rushing across the plain
three miles in three minutes, and then ceased. Then
came the great tidal wave, and then the streams of lava.
The villages on the shore were all destroyed by this wave.
The earth opened under the sea and reddened the water.
The earth eruption swallowed thirty persons, and the sea
many more. Dreadful suffering and terror prevailed in
the district, and the whole region was affected. The
sloop Live Yankee has been despatched with provisions,
&c., to rescue and relieve."

THE CHURCH IN THE WEST INDIES AND THE
CONSOLIDATED FUND.—The text of a bill intended to re-
lieve the Consolidated Fund from the charge of the
salaries of future bishops, archdeacons, ministers,
catechists, and schoolmasters in the West Indies has been
published. At the present time the charges upon that
fund amount to £14,000 for the bishops and archdeacons,
and £6,300 for the inferior clergy and other persons
referred to. The bill now before the House, which was
brought in by Mr. Adderley and Mr. Sclater-Booth,
provides that no person hereafter to be appointed to any
of these several offices shall be paid out of the Consoli-
dated Fund. It is to be prospective in its operation, and
will not interfere with the interests of the existing in-
cumbencies.

In the Scotch Court of Session, Lord Barcaplo
has decided an important question between two classes of
preference shareholders of the Great North of Scotland
Railway Company. The Company's Act declares that
the dividends attached to the new preference shares at
q per cent. shall rank parri passu with the dividends
on the original f per cent. preference shares. This
is held by his lordship not to affect the amount of
the dividend for which each party ranks ; and that the
original preference shareholders have no preference over
the new preference shareholders for arrears of dividends
in ranking on the free profits of subsequent years. The
Lord Ordinary' also held that the company could not
legally resolve to pay dividends by allotments of capital
stock. The judgment is to be carried into the Inner
House. _

"THE PRINCE OF WALES AT LEEDS.—His Royal
Highness retired from the mayor's and Mrs. A. Fairbairn's
ball, at a quarter-past three on Wednesday morning. He
then took a most gracious leave of his host and hostess,
and acknowledged with much condescension and. cordiality
the enjoyment he had derived from their splendid
ent,Ttainment. The public were admitted to the Town
Ilan to see the internal arangements which bad been
y mo
aoe
nndedt voefll
made for the mayor's ball, and in everything they recog.
raised the liberality and good taste which had actuated
their mayor's desire to give the Prince of Wales a
welcome. The Mayor of Leeds has received the
16,e,lelom;'1i:gglettez from General Knollys :—" Templenewsam,
gay 20.—My dear sir, I am desired by the Prince of
Wales to convey to you his warmest thanks for all your
Hasped at
ttoheliTinoil,vnanhtil a
lflo, rantdh of
for the
pleasanten enjoyment
itilleslselrAeeldnetsota:\
yourrs. will Fairbairnbe g fie
eisf eßelosysalinhiliegi
be the medium of expressing to the corporation of Le (In
his sincere acknowledgments for their part in allthat Lee
bah
made his visit to the town so agreeable.—l am, my. d.estl
sir, very truly yours, \V. KNoudis. Andr enoughyourself,ivilihgi 1 '44t, to
4ci's X-V9I QLJecals,'!._ `---- 4 -- ------Eatrb2:n

ritlllE 'AXE EDITION of " THE SUN" at
W. smut's, "Camden Stares," 75, Park-street, Camde

to ill,

OS/tit 11116

LONDON, FRIDAY, IIIAY 22, 1868.

Mr. DISRAELI appears to have taken a wise
course, and on the whole the House of Commons
appeared to be with him. No doubt certain parties
are disappointed, but the general business of the
country is more likely to prosper under existing
arrangements than if the wishes of the Opposition
had been fulfilled, and the reins of power changed
hands once more. The right hon. gentleman in-
formed the House of the course which he proposed
to take with respect to the Scotch Reform Bill, and
stated that neither Mr. BAXTER'S nor Sir R.
KNIGHTLEY'S amendments were agreeable to the
Government, but still it was not impossible for
them to take them into consideration and
see' which best suited the temper of the
House, but Mr. BOUVERIE'S amendment was quite
of another character, and the Government were
disappointed that the Committee should have ac-
cepted it. Still the Premier went on to say that
they believed the vote had been arrived at prema-
turely, and that they also believed that a general
misunderstanding existed to the effect, that after
the vote on Mr. BAXTER'S amendment had been
taken the House would not proceed with the bill
any more that night. This is exactly the state of
the case, and recent experience has fully testified
to the truth of it. The best proof of the matter,
being unexpected, is that every one was taken by
surprise at the announcement the next morning.
The amendment would affect the character of the
English Reform Bill, and the Government felt
compromised in respect to it, and therefore Mr.
DISRAELI hoped most earnestly that the Committee
would reconsider their determination. In order to
afford them an opportunity of doing so, he sug-
gested that the question should be discussed in a
fuller house, and for that purpose he announced his
intention of inserting words to the effect that no
one should vote who had not paid his rates.
The exact words will be laid on the table this even-
ing, and the proviso will bo taken from the Scotch
Poor-Law Act. We hope that by this means the
difficulty will be overcome, and that the Scotch
Reform Bill may be speedily settled.
There is no reason at all why this should not
answer every purpose, although there were a few
dissentients, and some hon. members thought fit to
indulge in very unnecessary comments on the state
of affairs. It is really a relief to notice Mr. Os-
BORNE'S quaint remarks as to the possibility of
carrying too far the amusing process of " baiting a
Minister." Mr. BRIGHT seemed also anxious to
put an end to the strife, if possible, and de-
clared that a Ministerial crisis twice a week was
too much for him, and neither was it creditable to
the House or the Government. Mr. BOUVERIE made
a most extravagant speech, which was not at all
approved of by the House, and, indeed, met with
frequent interruptions. On the whole, the hon.
member did not better his cause at all with the
House by the virulent course which he adopted,
and only exhibited the disappointment he felt at the
Government endeavouring to reinstate things in
working order. It is deeply to bo regretted that
the course of this Session should be so disturbed by
these malcontent spirits. Mr. GLADSTONE is the
most to blame, but there is no excuse to be made
for those who so willingly aid and abet him in his
work.

Mr. HARDY made a very effective speech, which
was loudly cheered, and evidently carried the House
with it. He said that he longed for a decision of the
House on the point of the confidence of the house
with respect to the Ministry. The vote of Monday,
he declared, was an unfair one, and as to the insi-
nuations of certain hon. members, he avowed the
determination of the Ministry to meet any charges
brought against them in a definite shape, and he
defied any one to prove that they had acted in a
dishonourable manner, publicly or politically.
Were not the circumstances of the case so
serious it would really be amusing to notice how
much ado is made about nothing by these sapient
judges. Has not the Government expressed its
wish to appeal to the country as soon as possible,
and are not those who complain of their stopping
in in the face of hostile divisions conspiring to cause
those divisions to take place, and then turning
round and abusing them for the delay oc-
casioned? Really a stranger might well ima-
gine that the present House had just
re-assembled after the opinion of the country had
been taken at a general election, a course that the
Ministers would not wish after repeated votes of
want of confidence had been passed. Nothing but
this could possibly excuse the language of Mr.
BOUVERIE, and indeed of some others ; but a little
patience will overcome the difficulty, and in the
debate of last night wo can discern signs of the
general feeling of the House getting wearied to
death of this never-ending opposition of a perverse
faction. To-night the Suspensory Bill comes on,
and Mr. HARDY moves that it be read this day six
months, so that there will be renewed excitement;
but we hope, for the credit of the House, that there
will be no recurrence of personalities, which can
effect no purpose, and are by no means creditable
io the House.

The importance of a thoroughly tfficient system
of irrigation throughout the whole of India is be
coming more and more widely recognised. The
terrible famine of Orissa, with its sacrifice of a
willion of lives, served to point the moral of all
that had been said and written for years unheeded
with awful emphasis. It was felt that for a Go-
vernment to persist in ignoring those means which
competent authorities believed would be effectual
in preventing the recurrence of so appalling a cala-
mity would henceforward be something worse than
foolish or neglectful. We find that both the Home