Douglas election meeting at Warwick, January 1867

The Guardian (Brisbane 3 January 1867 p. 2

THE HON. JOHN DOUGLAS AT WARWICK. (From the Special Reporter of the D. D. Gazette.)

The Hon. John Douglas (the new Colonial Treasurer) met the electors of Eastern Downs at the Court House, Warwick, at eight o’clock on Saturday evening, in order to give them an exposition of his political opinions, as a candidate for the representation of the district of Eastern Downs, in the room of the late Hon. J. D. Maclean. C. Clark, Esq., was voted to the chair, on the motion of the Hon. St. George Gore, seconded by Mr. Morgan, the mayor of Warwick.

The Chairman, on taking his seat, expressed his thanks for the honour conferred on him, and would do his duty to the best of his ability. They were, of course, all aware of the object for which the meeting had been called—to give the Hon. J. Douglas an opportunity of addressing the electors of Eastern Downs previous to his nomination for that constituency. He trusted they would give each speaker a fair and impartial hearing.

Mr. Morgan rose with considerable diffidence, not on account of the proposition he had to make, but because he knew he had not the ability necessary to express his strong feelings on the subject. The conduct of the honorable gentleman who was a candidate for the representation of the electorate of that portion of the Downs had been before them for the last seven or eight years; it was therefore quite unnecessary for him to dwell on it, and as that gentleman was about to address them, he (Mr. Morgan) would detain them no longer, but would propose the Hon. John Douglas as a fit and proper person to represent the electorate of Eastern Downs.

The motion was seconded by Dr. Bullen.

The Hon. St. George Gore, in rising to address the meeting, could not help having his mind recalled to the last time he had the honour of addressing them. On that occasion it was to propose and speak in favour of Mr. M‘Lean, whose lamented and untimely death they were well aware of. On that occasion he had addressed them as an elector, and had, as it were, no direct personal interest in the matter. His present position was, however, quite different. It was now not only a personal interest he felt, for, being an elector for Eastern Downs, he was a Minister of the Crown, and in that capacity was deeply interested in the return of the Colonial Treasurer. He laid claim to being consistent on the political opinions he had expressed, and was not about to advocate other opinions or principles.

He did not think that any person would deny that on the satisfactory disposal of the Crown lands of the colony the welfare of their district depended, and so long as a candidate was correct in his views on this point, a great deal otherwise might be overlooked. On the part of the Government he could assure them, that they were anxious to carry out the principle in its integrity. The principal novelty introduced during last session was the Leasing Act, and although its present working was to some extent defective, yet he was of opinion that it was a sure, safe, and liberal measure, and the Government would work it to the very best possible advantage.

In framing the bill the Government had been careful not to depreciate the price of land, and thereby injure previous purchasers, which would have been most injurious to the colony, and unjust and unfair to those who had invested in land. The Act hit a safe medium by providing for extended payment but yet keeping the former upset price intact. He most cordially hoped to find, and it was the expectation of the Government, that the greater portion of the black soil country would pass into the hands of farmers. It would be the care of the Government that a large portion should be kept under survey in suitable lots, and that a man who had a £1000 to invest, or one who had only £50, should be equally able to find land suited to his purpose, so that every class would be well satisfied, and by that means their magnificent district would remain no longer a desert or a sheep walk.

Good results had already been experienced in their district by the working of the leasing clauses, and they could point out as a proof of it, the settlement now going on at Allora and Spring Creek. To countenance and carry out this liberal law, it was necessary to strengthen the hands of the Government, and it would be unnecessary for him to enter more fully into detail, as his hon. friend would give an exposition of his views on those questions.

Neither was it necessary for him to enter into particulars relating to the Warwick railway, but he could assure them that the Government were disposed to give every facility and fair play to carry out the work to the best advantage of the colony. He would, however, like to make a few observations on the changes which had taken place since he had taken office. The colony was at that time in a most critical position, and he was afraid that the difficulties had not yet all passed away.

In order to put some stop to the difficulties which then presented themselves, one of the fittest men in the colony was appointed Colonial Treasurer, and he was happy to say that although there was some slight attempt at opposition, yet his honorable and lamented friend was returned by a large majority. He (Mr. Gore) himself had accepted office as a Minister of the Crown, and representative of the Government in the Upper House, with the office of Postmaster-General. His personal feelings had been against accepting the position, but he considered that if his humble services were of any use to the country, he had no right to withhold them, and it afforded him pleasure to say that he had conducted the business of the Upper House with satisfaction to his colleagues, and he hoped that it had also been so to that of the country at large.

The Government had been compelled to impose heavy taxation, which was not by any means pleasant, but still taxation was better than insolvency. He was glad to find that by the last news from England money was very abundant there. The next mail would be the first opportunity by which they could receive particulars of the sales of the last batch of Queensland debentures; and he trusted they would receive such favourable accounts as would enable the Government to carry out the whole of the public works without further delays.

The manner in which these temporary difficulties had been tided over, a very great deal was due to the knowledge, temper, and tact of the late lamented Treasurer; they should in this respect honour the dead as well as the living. The result of his having been returned for their electorate showed the great importance and influence a single electorate had upon the whole colony. The death of the Colonial Treasurer was no doubt a most serious misfortune to the country in its present state, but it was necessary that some one should be immediately chosen to replace him.

His hon. friend, Mr. Douglas, had been selected by all the Ministry to fill the office, and it would be for that electorate to ratify the appointment, and he was certain that not an elector could bring forward one question that he was not prepared to answer. He (Mr. Gore) had seen a very foolish idea promulgated through the columns of the Brisbane Courier, that the action of Government in appointing a Colonial Treasurer before he had a seat in the House was unconstitutional. The Queen through her representative had power to appoint any one she pleased. This had been done, and it became their duty to ratify it.

He was sorry to hear rumours of there being an attempt to set up an opposition member, by nominating some one from Ipswich. He quite agreed that every person had a right to express his opinions fully and freely on political matters; but when it was only done for annoyance, and with a view of putting the country to expense, he trusted that any person so ill-advised as to contest on those grounds would not meet with a single supporter. He would no longer detain them, but would express his firm conviction that the very best man they could have to represent them was his honourable friend, John Douglas.

The Honourable John Douglas then rose and said that he had seldom risen with feelings of deeper emotion than at the present time. It was some six or seven years since he had last been in Warwick. On that occasion he met, in friendly rivalry, their late lamented member, and now he was there to ask them for their suffrages. He had sometimes differed on public questions with their late respected member, but never had a private difference with him; Mr. McLean was always the same hearty genial friend. He was a man who had done what all of them could do if they chose—he had risen simply by his own energy and honesty of purpose from the very lowest circumstances to one of the very highest positions in the colony; and one reason of it was, that his word was thoroughly to be believed. Whatever he said could be relied on, and he had won not only the respect of those who were of the same views as himself, but also of those who were opposed to him in politics.

He (Mr. Douglas) would wish at the present juncture to speak discreetly, and still explain to them fully his views on the two most important questions of the day. In the approaching election he threw himself upon the generous feeling of the electors, and trusted that while, on the one hand, he stated to them clearly his views, yet on the other hand they would also make him acquainted with the wants and necessities of the district, as well as their opinions on the most important questions of the time, in order that he might be able to understand their feelings and wishes.

The first question on which he would make a few remarks to them was the Warwick Railway; it was too old a story to go into the whole question of railways. When, however, that question was finally carried, they (the inhabitants of the Warwick District) were to be participators in, and enjoy the benefits of it. His feelings were, when the question of railways was under the consideration of Parliament, that the colony was too young for them, and that they were going ahead too fast. He had therefore voted against the system altogether, but when once the principle was affirmed, carried, and adopted, he considered it only right to make the best of it.

When he gave up his former constituency on accepting office as Postmaster-General, he was placed in antagonism with some of the then Ministry on many questions, and had gone into the Upper House for a time; but now, on being solicited to accept office with a seat in the Assembly, he could readily and cordially join to carry out the policy of the present Ministry. He could work better with the Hon. A. Macalister and his present colleagues, as he was satisfied they were able to carry out the only policy which would conduct the colony through its present difficulties.

Great stress had been laid by some writers to the Brisbane press on the illegality and breach of privilege involved in carrying on the Warwick railway, contrary to the recommendation of certain members of Parliament; but such ideas had been completely exploded by the Colonial Secretary’s letters in answer to the objections. It had been authorised by both Houses of Parliament, and were they to set that aside? There were certain writers on this subject who endeavoured to drag the Governor into the question. He, however, would listen to no other advice but that of the Ministry, and when it was proved to him that they had not a majority to support them, he could then act on his own responsibility.

There were two very important reasons why the work should go on; the first was, that the money already spent was considerable, and if the work was stopped would be totally lost to the colony; secondly, the amount required by the contractor to throw up the contract would amount to almost 25 per cent of the total cost of the whole line. This was what the Government had to take into consideration that if they now stopped the work, they were already liable to such a contingency, which was very large.

Besides it was confidently expected that the railway would be open to Toowoomba in about three months’ time, and there would be a quantity of labour available for employ on its continuation to Warwick. The Government had been at a heavy expense to introduce that labour to the colony. Let them be employed for a certainty, and no doubt a large proportion of them would permanently settle in the district.

Of course the amount of money to be expended on railways was very large, and for some years they might not even pay the interest, nor were they likely to be profitable for some time. He, however, looked on the railway policy not so much as a source of profit at the present time, but as a means of colonisation. There was no water navigation, and they were bound to construct roads or railways to open up the country.

So far as paying for their construction was concerned there were ample means by the sale of Crown Lands in districts contiguous to the lines. In the Darling Downs district alone, there were about sixteen millions of acres available for sale. No doubt a great deal of it was indifferent land, and land which at present it would not pay to buy; but in the districts of Moreton and Darling Downs there were no less than twenty-four millions of acres of available land.

They must also bear in mind that if only one-sixth of the quantity were sold it would wipe out the railway debt at once. The great object of the Government would be, to keep a sufficient quantity of land under survey. There was considerable difficulty experienced in arranging surveys; at present they only had detached survey parties, and had not yet arrived at a sufficient system of making large surveys.

By the sale of Crown Lands he could clearly see the way to liquidate the debt—larger in proportion to the population than any other of the Australian Colonies. They had gone to the extreme verge of taxation, and he should certainly not feel disposed to impose any new taxation; but they had an enormous wealth in their Crown Lands which could be made available for the purpose.

The next most important question was the Occupation of Crown Lands. He had always been directly opposed to allowing purchases of land under pre-emption, and did all he possibly could to prevent it, when he had the honour of representing them in the House of Assembly, Sydney, before Separation. He had then stated that the result of it would completely paralyze the prosperity of the towns, and had also made a proposition to set aside large tracts of country as a reserve near Warwick, in order to withhold it from the effects of the pre-emptive system; and had the lands in this district been properly surveyed, it would have secured a sufficient revenue and have given fair play to agriculturists.

There were many gentlemen who had shown great public colony, (sic) and who were justly entitled to every credit for so spirit (sic) in opening up and purchasing the lands of the colony; (sic) but he thought there should be no prescription (sic) placed on it, and that every acre of land should be first submitted to public competition, for on the settlement of these magnificent blocks of country depended the success and welfare of the colony.

Now, however, that the system had been done away with, and all sales were made competitive, they could all share alike, and no capitalist could buy up land to the detriment of the public. So far as the Agricultural Reserves were concerned, they were extending very rapidly; there were now 80,000 acres reserved, and large surveys were at present being made and pushed forward, extending throughout the whole district from Warwick to Dalby. By so doing they would direct the attention of persons from the neighbouring colonies who would gladly come here to settle, and conduce in no small degree to the prosperity of the district.

So far as the Leasing Bill was concerned, it was as yet difficult to determine how it would operate, and it would take some time to determine the effect of the practical working of it; it must be subject to time and experience. The present Government, however, would devote their best endeavours to forward the success of the measure, and would be most willing to remedy any defects that might be found in its working.

He would say a few words on the present financial scheme, which was, of all subjects, the most difficult to determine. He did not profess to have that amount of knowledge on the subject which he should like to possess, but so far as he could at present see, he considered that the issue of Treasury Notes would not be a very lasting measure; and it was very doubtful if the result would be a permanent issue of Government paper money.

The operations of a currency question were most difficult to foresee, and he was quite prepared to support a system which would tend to the establishment of a national bank, but believed that the present scheme was no foundation for such a measure. He believed that it would be found that the late Colonial Treasurer was correct in his estimate of the deficiency of the revenue over the expenditure at the end of the current year at £150,000; he believed, however, they had seen the worst of the bad times.

A large proportion of the depression had occurred through over-trading in those towns approximating to the line of railway. He was pleased to find that the town of Warwick had suffered less than any other in the colony, and it was the only district in which they really had an agricultural producing population.

The operation of the new taxation had not as yet been fairly felt, and the revenue had not been materially increased thereby; but it was in consequence of the enormous stocks held in the colony. It might, however, be fairly anticipated that in a short time the revenue from the ad valorem duty would show a marked increase and the colony would soon find itself in a more solid and solvent position than it had been for the past three or four years.

As they were all aware, the present Parliament had been now nearly four years in existence, and it was possible that before very long the Ministry might see fit to appeal to the country, even if no accident happened to them from the phalanx of opponents who would confront them when Parliament met.

There was one very small but compact clique who were in the habit of meeting in a room in George-street, and they had been humorously nicknamed the “Fenians.” They were capital fellows socially, but when they once entered their upper chamber in George-street their machinations were something terrible to contemplate. Mr. G. Sandeman, who was their leader, had proposed a most remarkable measure—to set apart judiciously small reserves, and throw the whole of the Crown Lands open to the squatter at a ridiculously low figure. These gentlemen represented the extreme faction of the squatting party.

Another gentleman, with whom some of them were no doubt acquainted, Mr. Dalrymple, was unfortunately one of those “Fenians,” and proposes separation for Northern Queensland. He (Mr. Douglas) could not act with anyone proposing separation at the present moment; he was fully convinced of the fact, that the outlying districts of the colony were now far better governed, than ever the district of Darling Downs was before separation. He was perfectly certain that the claims of the northern districts had not been overlooked by the Government, and he would repeat that there was not a single district but was infinitely better governed than before separation.

He did consider that it would be most inexpedient and detrimental to Queensland to encourage separation at the present time, as they were now especially bound to concentrate their forces. He believed he had served them faithfully in New South Wales, and he was not aware of there being anything to justify them in thinking that he would do otherwise at the present juncture. If they had not lost confidence in him he trusted the verdict they would record would conduce to their advantage and to his honour. [The hon. gentleman on resuming his seat was greeted with loud cheers.]

The Chairman having called on any person desirous of addressing the meeting.

Mr. Douglas stated that there was a little matter which he wished to mention to them. He had adverted to the fact that it was quite possible that the Ministry might feel it their duty to appeal to the country, he therefore put it as a duty which every man owed to the colony, that he should register his claim to vote; the time was drawing near for having it done, and he trusted that every man, whatever opinions he might adopt, would have himself registered as an elector.

A person in the meeting asked if there was any hope of their getting the Gladfield Reserve. They had been many years trying for it, but had been as yet unable to obtain it.

Mr. Douglas was not aware of the particulars of the case, but would guarantee them, as their representative, that the matter should receive due consideration.

Mr. C. Clark stated that the application had only to be made, and the reserve would be immediately granted.

The Chairman then called for a show of hands for the Hon. John Douglas, which was given unanimously, there not being a single dissentient.

The Hon. St. George Gore proposed that the Chairman leave the chair, and that his Worship the Mayor take the same.

The Hon. St. George Gore then proposed that the thanks of the meeting be given to the Chairman, and was sure they were deeply indebted to him for the manner in which he had conducted the business of the meeting, which was seconded by Dr. Bullen, and carried by acclamation.

Three cheers were then called for the Hon. J. Douglas, and three more for the Hon. St. George Gore, and the meeting dispersed.

Commentary on Douglas being appointed Postmaster-General., February 1866

The Darling Downs Gazette and General Advertiser, 27 February 1866, p. 3

“PERIO: TEGO.”

MR. JOHN DOUGLAS, the tamed lion of the North, is not to be permitted to sacrifice himself upon the Ministerial shrine without some substantial equivalent for the display of self-abnegation. When this gentleman patriotically consented to relinquish his honourable position as a representative of the people in order to become, without office or pay, the representative of the Government in the Legislative Council, many persons, who were not of the nil admirari school of philosophers, expressed admiration at his disinterestedness, and astonishment at the fact that he had joined a Ministry, the chief measures of whose leading members he had generally strongly opposed. No motives except those dictated by honourable ambition and patriotism could possibly be ascribed for his acceptance of a thankless post, from which no emolument was to be derived. JOHN DOUGLAS, Esq., who, in opposition, was the denouncer of venal tergiversators, had joined the Ministry with a stern scorn of public gold and public fame, which was worthy of a CINCINNATUS. He had studied the public weal and felt that his presence was required in the Ministry, but no paper from the Treasury should be allowed to pollute his pellucid banking account.

Such were the suggestions urged by the particular admirers of Mr. DOUGLAS when he joined the Ministry. But it now appears that any laudations of the action of Mr. DOUGLAS in accepting a quasi ministerial position, without receiving any salary for the performance of the duties, were premature. He is to become the recipient of a very important office with a salary attached to it. It is but right that the leader of the Upper House and the representative of the Ministry in that chamber should be a gentleman in possession of some official position or emolument, but after the vehement castigations administered by Mr. DOUGLAS to those unfortunate gentlemen who have for the last two or three sessions deemed it their duty to support the Ministry, we scarcely expected that he would condescend to accept an office of profit as colleague of Messrs. MACALISTER and BELL.

By an announcement in the Government Gazette of Saturday last it will be perceived that henceforth the office of Postmaster-General will be of a political character. Mr. T. L. M. PRIOR may be presumed to have resigned his former functions, having accepted a seat in the Upper House; and Mr. DOUGLAS assumes the office thus rendered vacant. The Postmaster-General will also be the official representative of the Telegraph Department in the Legislature. This arrangement appears to entail no additional expense upon the country, and is one to which it would seem no exception could be taken.

In making the Postmaster-General a political officer, we are but following the precedents which have been set us elsewhere. Mr. DOUGLAS is a gentleman of fearless integrity, industry, great energy of character, and ability. Under his management we may be sure that the Post-office will be conducted as efficiently as any department under the Government. Assuming that Mr. PRIOR has resigned (and we imagine he must have done so, otherwise Mr. DOUGLAS would not be gazetted) to make way for this new accession to the Ministerial strength—the matter will require some further explanation and we trust the correspondence connected with it will be placed on the table of both Houses at an early period of the Session.

If he has relinquished his post through physical incapacity to perform his duties, or in other words through ill health, then we presume he will not be able to enter upon any other official duties again for a considerable period, even although a situation of emolument should be offered to him. If on the other hand he has received a hint to resign, or has done so voluntarily whilst professing outwardly his capability to perform his duties, then his relinquishment of his office looks very like a tacit avowal of incompetency, unless good reason to the contrary is shown, and he is thus placed in a false position.

It appears to give color to the assertions of those who—when the affairs of his department were discussed in Parliament—insinuated that he was not so competent as he should be. If the Government wished to get rid of him on account of the disclosures then made, the proper time to do so would have been at the termination of that enquiry. At present, the causes of the presumed resignation of Mr. PRIOR are shrouded in mystery, and uncharitable persons, of whom there are too many in this world, will be apt to place an uncharitable construction upon it. It cannot for one moment be imagined that the barren honour of a seat in the Legislative Council is intended to compensate Mr. PRIOR for his loss of a honourable office of emolument.

We scarcely know how Mr. DOUGLAS, who, in Opposition was so great a stickler for political consistency, will explain the change that has come o’er the spirit of his dream as evinced by the company he at present keeps. Possibly, he will wisely not attempt to explain it, but he must not be surprised if Nemesis, in the shape of his former speeches and denunciations of those who have changed or modified their political opinions, occasionally visits him.

The Ministerial benches will, no doubt, produce the same result in him as they have in others. The wild colt of the Opposition will tone down into the well trained official steed. He will not, as he did last session impress upon Mr. MACALISTER that a political Reform Bill, embodying a thorough re-construction of the electorates with “Justice to the North,” is a sine qua non, without the introduction of which no Ministry should be allowed to retain office.

Yet we do not for one moment wish to insinuate that Mr. DOUGLAS in taking office has been actuated by any unworthy motive. He is, we should think, every way worthy of office, and the colony will benefit by his abilities. But the best of men, when heated by political strife, are too liable to insinuate that the actions of their opponents are prompted by bad and mercenary influences, and Mr. DOUGLAS in Opposition has not invariably been an exception to this rule, nor has his friend, Mr. WALSH. Those in Opposition should, therefore, always remember that in the course of their political career they may have to ignore some of their political opinions, with the best intentions, for the purpose of taking office, and this reflection should cause them to be less ready to bring accusations of personal motives when the action of an opponent is the topic of comment.

Analysis of John Douglas as member for Port Curtis - February 1866

The Guardian (Brisbane), Saturday, 10 February 1866, p. 4

The address of the Hon. JOHN DOUGLAS to the electors of Port Curtis, on the resignation of his seat in the Legislative Assembly as their representative, is in no sense a remarkable production, unless it be for its wordy ambiguity and evasion of all topics likely to give rise to disagreeable comment among the people to whom it is addressed. It is neither characterised by that heartiness or candour, which all who know Mr. DOUGLAS are very willing to give him credit for, and on reading it over one is inevitably led to the conclusion, that it is a laboured attempt to justify himself for the course he has taken when all the time he is not very clear in his own mind as to whether he has done exactly right in taking such a course. If this were not so he would surely have had some clear and definite reasons to give to the electors of Port Curtis, for his accepting office under a Minister whose policy he has over and over again condemned, and to whom he has hitherto been a very able and persistent opponent. Can it be that Mr. DOUGLAS has in no sense become a convert to the policy adopted and carried out by the HERBERT-MACALISTER Ministry? If so, we too have doubts as to whether he has done exactly right in giving up his seat in the Legislative Assembly for the purpose of representing that Ministry (minus Mr. HERBERT) in the Legislative Council. His address to the electors of Port Curtis fails to show that he has changed his views in any one particular upon all the principal questions which have any hitherto come up for discussion, and which, for a considerable time to come, will require to be dealt with in one form or other by the Legislature.

Certainly, he tells the electors of the Port Curtis district that “the public mind is no longer divided on the railway question, as it was during the sessions of 1863 and 1864; and that, “at that time, in common with Mr. MACKENZIE and some other members of Parliament,” he “took a part in the opposition to the adoption of the unusually narrow gauge which then appeared to be unsupported by sufficient experience.”

But this can scarcely be news to the electors of the Port Curtis district now. What they would most likely be anxious to know at the present time is, how it has come to pass that Mr. DOUGLAS has so reconciled himself to the railway system, and the “unusually narrow gauge,” as to take office under the man who introduced it and fought for it, step by step, until it was finally adopted. Is it because the honorable gentleman has at length become a believer in the “unusually narrow gauge,” or, that he now sees that the people were right in supporting Mr. MACALISTER’S railway system? Neither of these reasons are alleged as a cause for his taking office under Mr. MACALISTER. He merely says, “The large expenditure thus authorised has stimulated enterprise, and concurrently with our immigration system, has contributed to our remarkable progress.”

On the question of immigration he is very oracular, but exceedingly obscure, so much so indeed, that it is impossible to understand what he means, unless he wishes to signify that it is desirable to encourage immigration, and one mode of doing this is by having railways from Ipswich and Rockhampton into the interior. If this is what Mr. DOUGLAS really means, he states it as his reason for ceasing to oppose the railway policy of Mr. MACALISTER. This appears to be one of the worst reasons which could be given, because, in the very next paragraph of his address he says, “It is in the serious amounts required for country roads, and for the improvement of our river navigation, that I recognise our departure from strict principles of economy.” Surely if railways from Ipswich and Rockhampton are desirable as lines of communication with the interior for immigrants, good country roads and improved river navigation, are still more desirable.

A railway from Rockhampton to the Dawson, and another from Ipswich to Dalby or Condamine, will only be beneficial to the districts, through which they pass, and to which they lead. They will be a positive injury to other districts such as Wide Bay and the Burnett, by the superior attractions the railway districts will offer to capital and immigrants, and in advocating the construction of railways we have never failed to recognise this fact. To districts like the Wide Bay and Burnett, then, where, from the sparseness of the population, a Railway could not be remunerative for many years to come, the only compensation the Government can make is, by removing all obstructions to the navigation of the rivers, and by constructing good ordinary roads. The inhabitants of these districts are entitled to have works like these carried out, because it is only by such means that population will be attracted there at all; and so long as such works are carried out efficiently, and the Government obtain a fair amount of labor for their money, we cannot “recognise any departure from strict principles of economy.” Mr. DOUGLAS says:—“The country roads may, in accordance with the practice elsewhere, be supported by municipal taxation; the harbors and rivers by trust dues.”

This is absolutely impossible in districts so thinly populated as those to which we refer, and if it were possible it would be unjust in the highest degree to enforce such a regulation. What for instance would be the rate of dues required from vessels trading to Maryborough if the whole cost of maintaining its harbor and river had to be entirely defrayed from that source of revenue. And again, it would be the grossest injustice to require the inhabitants of that district to defray the whole cost of making, and keeping their country roads while we make them pay their full share towards the expenses of the railways which are doing them an injury.

On the subject of the Land Laws Mr. DOUGLAS is ominously silent, although there is little doubt but that this will be the principal subject for discussion in the ensuing session. From the ground he took, however, during the discussion of Mr. MACALISTER’S bill on the subject last session, we are led to hope that Mr. DOUGLAS will be disposed to consider the claims of the Agriculturalists in a far more liberal spirit than the majority of the members of the Legislative Council were disposed to do, when the subject was last under discussion, and that, in this particular at any rate, he will be in a position to render good service to the country.

On the question of National Education, Mr. DOUGLAS’S sentiments are pretty well known, and he gives no hint that they have undergone any change during the recess. But here again his chief, Mr. MACALISTER, is the champion of the very system of education, which Mr. DOUGLAS has made such strenuous attempts to alter; therefore, it is not probable that he will be able to do much towards realizing the object sought to be attained by Bishop TUFNELL and Bishop QUINN. At the same time, it will be well for the friends of the National system to be on the alert.

It is for Mr. DOUGLAS himself to decide—whether or not the position of Government representative in the “sleepy hollow” of the Legislative Council is a fitting place for him. He says:—“I trust that the influential position in which I have been placed may conduce to my experience, and may render me more capable of being useful to my fellow-colonists.” We trust that it may, at the same time, we cannot resist the conviction that his tenure of office will neither be a long nor distinguished one. 

Douglas appointed to the Executive Council February 1866

The Guardian (Brisbane), 6 February 1866, p. 1

GENTLEMEN,— I have, to day, accepted a seat at the Executive Council in the administration formed by Mr. Macalister, on Mr Herbert’s resignation.

The position assigned to me as the representative of the new Government in the Legislative Council renders it necessary that I should resign my seat in the Assembly. This I do with great regret, for I have always received, if I have not always merited, your very kind consideration, and it has required some resolution on my part to forego the privilege of still continuing to be your representative.

With Mr. Herbert’s resignation a new period commences; and I now join the administration formed by Mr. Macalister in the hope that I may contribute to maintain the honor, and secure the prosperity of the colony.

The public mind is no longer divided on the railway question, as it was during the sessions of 1863 and 1864. At that time, in common with Mr. Mackenzie and some other members of Parliament, who were far from wishing to offer resistance to measures calculated to develop the internal resources of the country, I took a part in the opposition to the adoption of the unusually narrow gauge which then appeared to be unsupported by sufficient experience.

I was also decidedly of opinion that the debt incurred by the formation of these useful works might have been made chargeable against the districts specially benefitted by their construction; and that the proceeds of the land sold in those districts might have provided the means of liquidating the interest and capital amount of the liability created. It seemed to me that the conflicting claims of the various portions of a great territory might thus have been satisfied.

A different policy, however, prevailed; one which, in the opinion of Parliament, is calculated to secure with greater rapidity the benefits which the colony will most undoubtedly derive from the formation of iron highways. The large expenditure thus authorised has stimulated enterprise, and, concurrently with our immigration system, has contributed to our remarkable progress.

The policy of all colonies indeed is more or less directed to the introduction of surplus capital and population from the old world; and there is no more effectual way of doing this than by providing facilities for its transport by sea and land. The conduct of immigration, like that of an army of occupation, requires that its lines of communication should be kept open. Nothing, therefore, should be allowed to menace these. The works we have commenced are not likely seriously to overtask our strength; the resources of this territory are surely sufficient to justify the construction of railways from Ipswich and from Rockhampton—two places so manifestly pointed out by nature as starting points for the interior. They are surely sufficient to justify the preliminary steps which have been taken for opening out steam postal communication through Torres Straits. The extension or completion of those projects must, of course be gradual, and will be measured by the means at our command; but it is not in the execution of works like these that I should be disposed to advise the adoption of a fallacious economy which might dwarf our expanding energies.

It is in the large annual expenditure for the ordinary purposes of government, and in the serious amounts required for country roads, and for the improvement of our river navigation, that I recognise our departure from strict principles of economy.

The country roads may, in accordance with the practice elsewhere, be supported by municipal taxation; the harbors and rivers by trust dues; and, if, at the same time, a willingness be manifested to balance the ordinary revenue and expenditure without having recourse to excessive taxation, we may fairly expect to retain the confidence of the English capitalists who lend us money, and who will continue to lend us what we require if we only show them that we are making a good use of our opportunities and are anxious to sustain our credit.

I regret that I shall not have it in my power to address you on these and many other matters of public interest; our relations have always been of such a friendly nature, that it would have afforded me great pleasure to have had an opportunity of resigning to you in person a trust which has not, I hope, been unfaithfully discharged.

My services are still at your command, and, though I am not called upon to undertake duties which require from me an active discharge of administrative functions, I trust that the influential position in which I have been placed may conduce to my experience, and may render me more capable of being useful to my fellow-colonists.—I am, gentlemen, your most obedient servant,

JOHN DOUGLAS.

Brisbane, February 1, 1866.

Opening of the Great Northern Railway, Rockhampton, in October 1865

The Guardian (Brisbane) 17 October 1865

GREAT NORTHERN RAILWAY. ARRIVAL OF HIS EXCELLENCY.

To the entire satisfaction of the people of Rockhampton, his Excellency Sir G. F. Bowen landed on Tuesday at the Railway wharf about five o'clock in the afternoon. The Platypus was observed steaming up the river, and within a few minutes afterwards arrived at the wharf. The Volunteer Band, which, during the afternoon, had been playing lively selections of music, immediately struck up a march, and continued playing until the vessel was made fast. There then appeared on the quarter deck his Excellency the Governor, Captain Pitt, Aide-de-Camp and Private Secretary to his Excellency, the Hon. Minister for Lands and Works, the Hon. the Colonial Treasurer, Mr. John Douglas, M.L.A., Mr. C. Fitzsimmons, M.L.A., Mr. J. Bramston, M.L.C., with Captain Rundle, Harbour Master, and Mr. W. J. Brown, Sub-Collector of Customs, who had gone down the river to meet his Excellency.

Mr. H. T. Plews, His Worship the Mayor, and the members of the Corporation, the Police Magistrate, and other gentlemen, went on board the Platypus and saluted his Excellency, who shortly afterwards disembarked, the Volunteer band playing the National Anthem, and the Volunteers and Police presenting arms. Cheering from all present followed, and his Excellency, with the Police Magistrate, Captain Pitt, and Mr. Byerley, entered a carriage which was in waiting, and drove to the residence of His Worship the Police Magistrate. The volunteers with the band followed, and on arriving at Mr. Wiseman's residence, Captain White, as commander of the company, was introduced to his Excellency.

Captain White subsequently informed the volunteers that his Excellency appreciated the honor done him by the offer to station guards around his residence, but had no desire for them to do so during his stay in Rockhampton. The company then dispersed.

TURNING OF THE FIRST SOD.

Shortly after the hour of noon yesterday, the first sod of the Great Northern Railway of Queensland was turned by his Excellency Sir George Ferguson Bowen, G.C.M.G. The preparations for the event, organised by the contractors for the work—Messrs. Barry, Bourke, and Munro—in a style worthy of the occasion, were favored to the highest degree by the fineness of the weather. The scene of the inaugural operation was situated within the vicinity of the Railway Offices, and at a short distance from the Rockhampton Gaol, and at its southern extremity a small pavilion had been erected for the purpose of shading his Excellency and quite all the gentlemen who intended presenting addresses to his Excellency. The attendance on the occasion numbered from fifteen hundred to two thousand, and included a large number of ladies.

The Rockhampton Volunteer Rifles having first mustered at the Court-house headed by the band, and under the command of Capt. White, marched on to the ground about twelve o'clock, and fell into position as a guard of honor to his Excellency.

His Excellency accompanied by Captain Pitt (Aide-de-Camp and Private Secretary) and Mr. W. H. Wiseman, P.M., drove on the ground. The Volunteer Band struck up the National Anthem, and his Excellency walked to the small pavilion above referred to. Cheers having been heartily rendered, his Excellency's Private Secretary announced that his Excellency was ready to receive the address from the Rockhampton Corporation.

His Worship the Mayor, Mr. E. P. Livermore, accompanied by the members of the Rockhampton Municipal Council, then advanced, and his worship the Mayor read the following address:—

“To his Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Captain General and Governor-in-chief of the Colony of Queensland and its Dependencies, and Vice-Admiral of the same, &c., &c., &c.

“May it please your Excellency,

“We the Mayor and Aldermen of the Municipality of Rockhampton, beg to approach your Excellency with assurance of loyalty and devotion towards Her Most Gracious Majesty the Queen, and with feelings of the greatest respect towards the person of your Excellency as Her Majesty's representative in this the land of our adoption. On the part of our fellow townsmen and ourselves, we feel it to be our duty, on this occasion to convey to your Excellency the expression of our deep appreciation of the importance of the work to be commenced to-day, a work calculated to foster and extend our prosperity as well as to advance the cause of civilization and science.

“The immense advantages likely to accrue to a district such as this by the introduction of Railway Communication, as evidenced by the rapid strides made by Victoria and New South Wales, and we, therefore, deem it useless to comment upon them.

“It becomes our pleasant duty on behalf of the town and district to offer your Excellency our congratulations upon the auspicious ceremony in which your Excellency has condescended to take so prominent a part, the remembrance of which will ever be fresh in our minds.

“We would beg of your Excellency to accept our heartfelt thanks for your presence amongst us, coupled with the assurance that the people of Northern Queensland claim a place in the front rank of loyal subjects of our beloved Sovereign.

“In conclusion, we beg to offer to your Excellency our warmest wishes that you and Lady Bowen may long continue to occupy your high position in our colony; that you may enjoy true felicity in the happiness and prosperity of those you govern; and that when circumstances shall have called you away from our colony that your reminiscences of Queensland may be brightened by the knowledge that during your period of government the progress of the colony was rapid—telegraphic and railway lines, together with other public works of great importance, were initiated and carried to success; that your presence in all parts of the colony was hailed with pleasure, and that your departure was looked upon with unfeigned regret.”

To which his Excellency read the following reply:—

“To the Mayor and Corporation of Rockhampton.

“Mr. Mayor and Gentlemen,—I thank you for this loyal address, and for the hearty welcome which has been accorded to me on this, as on my former visits, to the chief town of Central and Northern Queensland.

“When I first saw Rockhampton, in 1860, it was a small hamlet of wooden huts, with scarcely five hundred inhabitants, who had recently settled down in the primeval wilderness. I recollect well that what Lord Macaulay has termed ‘a rude kind of patriarchal justice, which was, however, better than no justice at,’ was then administered in a canvas tent, whenever a magistrate might happen to attend. On my second visit, in 1862, your population had trebled, and the hamlet had grown up into a thriving township, with about fifteen hundred inhabitants. Now, on this, my third visit, I learn with much pleasure that your population has again more than trebled during the brief interval that has elapsed since my second visit. I see around me a flourishing town of nearly five thousand inhabitants, with public buildings of every kind—churches, schools, a Mechanic's Institute, a Post-office, a Telegraph Office, and numerous banks and warehouses. I find a Judge of the Supreme Court surrounded by the leading members of the colonial bar, holding the assizes for Northern Queensland, in a commodious and substantial Court-house. I am welcomed by a Mayor and Aldermen; and I remark with great satisfaction in the wharves which line your noble river, in the well ordered streets of your town, and in the other signs of material prosperity—the rapid progress of those advantages which Municipal Self-Government, when prudently and vigorously administered, is certain to confer.

“I entirely agree with you, Mr. Mayor and Gentlemen, in attaching high importance to the great public work which is to be initiated this day. It is acknowledged in every quarter that the most pressing need of the entire colony is the improvement of our internal communications. With this object, the Colonial Parliament has decided that trunk lines of railway shall be carried into the interior, one for the Southern Districts, from the head of the navigation of Moreton Bay, and one for the Northern Districts, from the head of the navigation of Keppel Bay. It is well known that in 1862, in consequence of my urgent representations, the Imperial Government annexed to our Northern territory, an additional area, larger than the United Kingdom; and that during several years, I have spared no exertion to push on two enterprises calculated to be of great advantage to the interests of the North. I mean the establishment of steam communication through Torres Straits, and the extension of the Electric Telegraph from Rockhampton to our North Western frontier, where it will meet the international line, which will ultimately connect Australia with Asia and Europe. Both these projects received the sanction of the Colonial Legislature in its last session, and both will be carried into execution forthwith by my constitutional ministers.

“I am emboldened to refer briefly to my own exertions by the gratifying language of your address, from which I learn with much satisfaction that the manner in which I have performed my duty has earned your confidence. Mr. Mayor and Gentlemen, and that of the important Municipality which you represent. You express the hope that I may long continue to occupy my present position: and you may rest assured that so long as our Sovereign shall be pleased to employ my poor services in this colony, I shall follow exactly the same course in every respect, that I have pursued hitherto, and which has gained for me the loyal support of the Colonial Parliament; and, indeed, as I am informed in all parts of Queensland, (and in addresses similar in language to that now presented by you), the respect and regard of the educated and independent portion of my fellow-countrymen here, of all political parties, and of all social classes. If any reward at all were required for public labours, I have fully received that reward in the rapid but solid progress of this colony, and in the high reputation which Queensland enjoys in the mother country.

“Rockhampton, 27th Sept., 1865.”

Addresses were then presented to his Excellency from the Oddfellows' society, and the committee of the School of Arts, to which his Excellency read suitable replies.

Mr. H. T. Plews, Chief Engineer of the Great Northern Railway then addressed his Excellency to the following effect:—

“To his Excellency Sir George Ferguson Bowen, K.G.C.M.G., &c., &c.

“May it please your Excellency,

“As a resident of Rockhampton and of Northern Queensland, and as one feeling a deep interest in the prosperity of the whole colony, I respectfully desire to welcome your Excellency to Rockhampton, on this your third visit, and to express my most earnest congratulations, that on this occasion you have visited us to inaugurate the extension to these districts, of that system of Railways which your Excellency and your Excellency's Government have, with wisdom and true enlightenment, pronounced the best means for developing the vast resources of this large colony.

“As the engineer to whom you have entrusted the planning and construction of this, the ‘Great Northern Railway of Queensland,’ I desire to lay before your Excellency the following data regarding the line, and especially that portion of it, the construction of which your Excellency will this day commence:—

“The Great Northern Railway will run from Rockhampton nearly due west into the interior, passing through the townships of Stanwell, Westwood, Gogango, and Gainford, on the River Dawson, &c., in the Port Curtis District, traversing the extensive district of the Leichhardt, it is proposed, shall eventually reach the township of Springsure, or the township of Clermont, Peak Downs, or both, the first distant from Rockhampton about 190 miles, and the second about 220 miles; and besides giving the benefits of cheap and regular carriage, and largely developing the material resources of the districts named, will offer the facilities of conveyance and communication, now so much wanted from and to the rising district of the Mitchell and the southern portion of the Kennedy.

“The first section from Rockhampton to Westwood, the construction of which has been sanctioned by the Legislature, and the first sod of which will this day be cut by your Excellency, is thirty miles in length. The gauge, as you are aware, will be the same as that adopted in the southern portion of the colony, namely, three feet six inches. The gradients obtained are good, the steepest gradient is one in fifty, but that only in three short lengths of 5½, 53, and 63 chains respectively, all within a distance of five miles from Westwood; the country which to that point from Rockhampton is tolerably level, rising thence rapidly till, at the twenty-eighth mile, where the line crosses the range dividing the counties of Livingstone and Pakington, it attains a summit level of 600 feet above the wharf at Rockhampton.

“The curves I have been able to obtain are all easy, the sharpest, which is on the spot where we now stand, and close to the terminal station, being twenty chains radius.

“The line from quarter of a mile from Rockhampton, to the four and a-half mile stake crosses a very level and rather low country, subject to inundation by backwater from the River Fitzroy, for a few days during times of flood,—and besides crossing Middle Creek, Neerkol Creek—twice, Stewart's Creek, and Well Station Creek three times,—runs for a considerable distance through a narrow valley corrugated with numerous small watercourses now dry, but all carrying large volumes of water during the short continuance of a tropical storm. Provision has thus had to be made throughout by means of flood viaducts and large bridges and culverts for a water-way, of much greater extent than is usual, and to raise the rail level in every part by piles or embankments above the highest known flood mark. The unprecedented floods of March, 1864, have by giving me the highest flood marks ever known, enabled me to do this with certainty.

“Thus, during the three months of the year (the rainy season), when, usually travelling over the ordinary bush roads is all but impossible, and during which all traffic from and to the interior is at a stand still—passengers and goods will be carried with the same safety and certainty as at other portions of the year. In this alone, the benefit conferred by the railway will be manifest and great.

“The line, although light and cheap, will be constructed with every care, and in a strong and substantial manner. The rolling stock now being constructed in England, under the superintendence of Sir Charles Fox and Sons, will be light, but strong; the carriages roomy, well-ventilated and suited to the climate; and the locomotives fitted with all the most recent improvements—light, but sufficiently powerful, to be fully up to all the work required of them.

“The contractors, Messrs. Barry, Bourke, and Munro, are not untried men, having constructed the line from Sandhurst to Echuca in Victoria, and completed it to the satisfaction of the Government of that colony. They have undertaken to have the first section completed on the 1st day of May, 1867, when I trust we may have the happiness of again welcoming your Excellency to open it for public traffic.

“The survey of the second section, from Westwood to Gainford, in the River Dawson, is being prosecuted, and will be finished and the plans ready to lay before the Legislature early next session.

“That a single doubt can still linger in the minds of any, that your Excellency and the Government have not adopted, in a cheap and light system of Railways the best and most economical means, which under the present circumstances of the colony you could possibly adopt—to open up the country and develope its now dormant resources, by facilities of carriage and communication; I will not believe, whilst published traffic receipts on that short portion of the Southern and Western Line from Ipswich to Bigge's Camp, since its opening must carry conviction to all that the calculations of the Government, as to the returns, will not be fallacious, and that these railways will be reproductive in so far as they will, even from the first, pay their working expenses. This is a direct return, more than we ever anticipate or look for from the roads, however much we may expend upon them.

“The indirect returns in the increased revenue of the colony will be very large, and will year by year increase, but can scarcely at present be estimated, and it is only reasonable that they should, for some time at least, bear the burden of the annual interest on the capital expended in construction.

“With regard to this line of railway, it will in all probability, even if stopped at Westwood, pay its working expenses; but, if continued thirty miles further, i.e., to Gainford, on the River Dawson, I feel confidence in asserting, from estimates which I have laid before the Government, that it will at once pay the working expenses, and in every probability return a small percentage on the capital expended besides; and I hold the opinion that it will well pay the colony to push it on still further into the interior.

HENRY T. PLEWS,

Chief Engineer for Northern Railways.”

Mr. Plews then said, “I have respectfully to request your Excellency to inaugurate the work of the Great Northern Railway by turning the first sod.”

His Excellency replied:—

“To the Engineer of the Great Northern Railway of Queensland.

“Mr. Plews and Gentlemen,

“I have listened with much interest to the address just read by the Engineer of the Northern Railway of Queensland, and to the details so clearly stated by him of the great work which is to be initiated to-day. I think that every confidence may be placed in Mr. Plews' vigilant superintendence, and on the zeal and energy of the experienced contractors, Messrs. Barry, Bourke, and Munro, who have been so successful in carrying out similar works elsewhere. I feel sure that in good time I shall have the satisfaction of congratulating these gentlemen on the completion of the first section of the Northern Railway.

“When I opened, a few weeks ago, the first section of the Southern Railway, I addressed a few words of friendly sympathy to the artisans and working men, who by the successful labor of many a hard day's toil, had raised a structure scarcely more honorable to the heads that had planned than to the hands that had executed it. I wish to follow this precedent on the present occasion. I trust that the men employed here will emulate their fellow-workmen on the southern line in preserving good order, and that respect for the law which is one of the most promising characteristics of our English race. I would remind them that, in a new country, the respective claims of capital and labour should adjust themselves according to the national law of demand and supply, without any of those artificial disturbances, which, in older societies, have often caused results so disastrous to the interests alike of the capitalist and of the labourer. I would remind them further, that under the expansive freedom of our Colonial Institutions, even more surely than in the parent isle, England opens for all her sons a cheering prospect of wealth and fame, to genius combined with virtue and industry.

“Finally, I earnestly pray, that the ceremony of this day may prove auspicious to all concerned. May the important public work now commenced realise all the hopes of its promoters, and endure throughout the great future of the Northern Districts of Queensland, a source of permanent and ever increasing prosperity.

“Rockhampton, 27th September, 1865.”

His Excellency then proceeded to perform the ceremony, and having lifted with the shovel a sod of earth into the barrow, trundled it along an inclined plane, and having emptied the barrow of its contents, brought it back to its former position. At this stage of the proceedings, the crowd rushed in, and somewhat hampered the concluding portion of the proceedings. His Excellency on turning the sod, called for cheers for Her Majesty the Queen, and the Mayor and Corporation of Rockhampton. Cheers were accordingly given, and further cheering was given for the Great Northern Railway, His Excellency the Governor, Lady Bowen, the Hon. Mr. Macalister, and Mr. H. T. Plews.

CONTRACTORS' DEJEUNER.

After the proceedings connected with the ceremony had been completed, His Excellency and about one hundred and forty gentlemen, sat down to a sumptuous déjeuner, provided by the contractors, Messrs. Barry, Bourke, and Munro.

The Hon. the Minister for Lands and Works occupied the chair, and was supported on his right by His Excellency the Governor. The vice-chair was filled by his Worship the Mayor. There were also present the hon. the Colonial Treasurer, Mr. Bramston, M.L.C., Mr. Douglas, M.L.A., Mr. Fitzsimmons, M.L.A., Mr. H. T. Plews, the Police Magistrate, the Sub-collector of Customs, the District Surveyors and several other Government officials, clergymen of various denominations, bankers, merchants, storekeepers, and others.

On the table being cleared—

The Chairman rose and said that he begged to propose a toast. He would, however, first offer an apology as a mark of justice to himself, for his appearance in his present position as chairman. Those present were aware that the firm contracting for the performance of the formation of the Great Northern Railway, consisted of three gentlemen, Messrs. Barry, Rourke, and Munro, and they fancied that they would be placed in a rather awkward position by having three chairmen. Having been consulted for the purpose on the then occupied, he proposed the health of the greatest sovereign in the world—Her Majesty the Queen—whose many virtues were displayed on all occasions, and in her interviews with her subjects.

The toast was most loyally acknowledged.

The Chairman again invited all to fill their glasses, and join him in drinking the health of the Prince of Wales, and gave with it the Princess of Wales and the rest of the Royal Family.

The toast was suitably acknowledged.

The Vice-Chairman on rising, said that there was one toast which nothing that he could say would enhance its worth. He proposed the health of his Excellency Sir George Ferguson Bowen, Governor of Queensland. They were very happy to receive his Excellency in Rockhampton on such an occasion, to perform the interesting ceremony that had been gone through. They had received him, he (the Vice-Chairman) was happy to say, on an occasion that formed a great era in the prosperity of Rockhampton, and they might, at no distant time have the honor of receiving him at the opening of the Great Northern Railway.

The toast was drunk with all honors.

His Excellency, on rising, was received with continued cheering. He said that he thanked his friend, the Mayor of Rockhampton, for the kind terms in which he had proposed his health, and thanked all present for the hearty manner in which they had responded to the proposal. He assured them that it was with sincere pleasure that he had accepted the invitation to perform so interesting and important a ceremony upon that day, and thus for him to visit once more the metropolis of Central and Northern Queensland. If there were any merit consequent upon the occasion, he could assure them that in this case, as in many others, virtue was its own reward. But it was always gratifying for a public officer to be so warmly welcomed by so many of his independent and educated fellow-countrymen.

A sportive friend of his once remarked, that a chairman at a public dinner was like a “bagged” fox, which, as soon as he had recovered mind, was let out again for the diversion of those present on the occasion. Now, it struck him that the Governor was something like a bagged fox too, for he had already made four speeches before lunch, and he then saw that he was set down for at least a couple more. He felt so refreshed and invigorated after partaking of the repast that their munificent hosts had placed before them, that he was ready to perform any amount of public duty (cheers and laughter), and especially so after all the pleasure that he derived from the address, expressing loyalty to their sovereign and good feeling to himself, of the good people of Rockhampton.

There could be no doubt as to the importance of the work that they had inaugurated, or the part they had to enter into detail of their plans and course of operation. In every country it was the duty of the Executive to carry out the wishes of the people—that was, the wishes of the people expressed in Parliament by the people's representatives; and the Queensland Parliament had most unanimously decided that it was desirable to improve the internal communications of the colony, and the best mode of improving the internal communication of the colony was to lay down iron roads. They proposed having one line of communication from the head of the waters of Keppel Bay in the Northern Districts of the colony, and another in the Southern Districts of the colony from the head of Moreton Bay. He thought, seeing so many Members of Parliament around him, and amongst those the two gentlemen who so ably and so worthily represented the town and district, that he had a right to take that opportunity of publicly stating that, in his opinion, the Queensland Parliament desire to deal impartially with the Northern and Southern Districts of the colony. The Assembly held the purse strings of the Government, and the North, if they chose, could hold the balance in the Assembly.

The present atmosphere there (in the pavilion) was so parliamentary (laughter) that he hoped he would not be transgressing the standing orders by stating that they were well represented by their Scotch and Irish members; other constituencies were lucky if they had but one representative of Great Britain, but in the present instance they were fortunate enough to possess two. They had the fervour, the ability, and patriotism of both gentlemen to advocate their wants.

He would therefore conclude (No, no) with the prayer that the great work might prosper, and might realise all that was expected of it; that it might prosper, and might secure to the Northern districts a permanent and never-ceasing prosperity.

His Excellency resumed his seat amidst continued applause.

Mr. Fitzsimmons next said that he would at once propose “Success to the Great Northern Railway of Queensland.”

The toast was drunk.

The Vice-Chairman then proposed the “Health of the Ministry and Parliament of Queensland.”

The toast was duly honored.

The Chairman, in rising to respond to this toast, was received with loud cheers. He said he felt great pleasure in rising for the purpose of returning thanks for the very great honor done to himself and his colleagues by the Mayor of Rockhampton, in proposing his and their healths upon this auspicious occasion. He felt a pride as well as a pleasure in alluding to the public works initiated and begun by the present Government of Queensland—works which he fervently hoped he would ere long see fully and successfully terminated, and which would, he firmly believed, ultimately prove of inestimable value to this young, vigorous, and enterprising colony. (Cheers.)

He felt proud of the honor done to him in drinking his health, and a still greater pride in meeting the people of Rockhampton upon this eminently auspicious occasion. (Cheers.) The commencement of a railway to open up the country from Rockhampton would unquestionably be hereafter looked upon as a very great event in the annals of the colony. But the people of Rockhampton who would be greatly benefitted by this important public work, had not himself, but the present “Railway Parliament of Queensland” to thank for the fact of its commencement—that they had that day witnessed. (Cheers.)

It had often been asserted, and was of the present day the main argument made use of by those who were opposed to the development and improvement by the Government of the Northern Districts, that they could not be made reproductive—in other words—that the Northern Districts were not yet sufficiently advanced to need public works, such as a railway, or the electric telegraph; and that such works could not be made capable even of paying their working expenses in this portion of the colony. He would tell the people of Rockhampton that he had turned a deaf ear to arguments and assertions such as these which he knew had no foundation whatever, except in the prejudiced minds of those detractors of the Northern Districts who could not—because they would not, see any advancement or progress made in those districts which they never visited, and therefore knew little or nothing about. (Loud cheers.)

They had that day heard the facts stated in the address of the Engineer-in-Chief of the Northern Railway to His Excellency. Those facts which could not be gainsaid or controverted, showed clearly that this line would pay not only its working expenses but the interest of the money spent in its construction. Every line of railway should at least do this; and he felt quite positive that the Great Northern line which they were now met to inaugurate would do this, and even after a short time.

He had been at considerable pains to collect information with respect to the line of railway about to be commenced, the result of which was that he fully anticipated that in the course of two or three years, at the furthest, it would pay its working expenses, and also yield an average interest on the capital expended. He had been credibly informed that even eighteen months in some instances had been occupied in the carriage of wool from a station. What a boon then a railway line will be in such a district. Economy was synonymous with speedy transit. It was the delays met with in the conveyance of the wool to the market which formed the greater part of the expenses incurred by the squatters.

Now there was a fair hope that those expenses would be considerably lessened. He was of opinion that any colony or state which expended its money on the formation, or what might be termed the improvement of bush roads in preference to constructing a good and serviceable railway, would not fail to go to the dogs. The capital required to maintain such roads could not fail in time to be eaten up by the interest payable on the money borrowed to form the roads. Although he was well aware that there were many who differed from his views respecting the advantages of railway communication between the sea coast and the interior, he still held that the establishment of the “iron horse,” which might be termed the railway policy of the present Government, was the principal and most important of their public acts, the true value of which would, he believed, be hereafter more fully appreciated. (Cheers.)

The honourable gentleman here resumed his seat, amid much cheering and general calls for “Mr. Douglas,” which were repeated again and again.

Mr Douglas's speech

Mr Douglas, who on rising was greeted with loud and prolonged cheers from all parts of the pavilion, said:—He was hardly prepared to answer the toast which had been proposed, inasmuch as he did not belong to the present Government. (A voice: “Your time's coming, old fellow.” Loud cheers.)

A great statesman, one of the present day, Mr Disraeli, had observed that “Ministers were the accidents of history.” (Cheers.) Now, they sometimes had read of “melancholy accidents” (laughter), and occasionally of “shocking accidents” (renewed laughter), and “dreadful accidents”; but he sincerely hoped they would not connect the present Ministers by any of these epithets with such accidents. (Laughter.)

They had no doubt often likewise heard of “happy accidents,” and of fortuitous accidents; and such possibly might be said of those gentlemen who formed the Ministry of the day. Such was, he knew well, frequently said by those who aspired to high offices.

It was perhaps because he represented the views and opinions of the people of Rockhampton that they now called upon him to respond to the toast which had been proposed, viz., “that of the Parliament of Queensland.” (Loud cheers.) He was proud to see that he still retained the unabated confidence of the people of the town, after the late parliamentary campaign. (Renewed cheers.)

They must remember, however, that a representative and legislator, such as they had elected and chosen him to be, was hardly the same sort of animal as a Minister. It was true that, as their representative, he had at times been fit to hold a different opinion from the Ministry, with respect to the railway question; but, nevertheless, he would freely admit that the people of the North were very much indebted to the present Minister for Lands and Works for the great and manifold advantages they were about to derive from that same railway policy.

That Minister possessed more than ordinary foresight, for he was perhaps more than an ordinary man who foresaw the importance of early developing the resources of this colony, by at once opening up the country, and giving advantages to the rapid, easy, and economical transmission of goods into the interior, and the carriage of wool to the seaports.

Understanding well the extreme importance of such a measure, and seeing that the welfare and prosperity of the colony was concerned in its adoption, he lost no time in carrying out his views, and soon had the satisfaction of seeing his project adopted and successfully undertaken.

It was to the Minister for Lands and Works, more than to any one else, that the colony was indebted for the Southern Railways, respecting the success of which he had invariably manifested the most indefatigable zeal and assiduity. It now only remained for him to exhibit an equal amount of zeal and care respecting the Great Northern Railway. (Loud cheers.)

If he (the Minister) was only prepared to do the same for this railway, as he had done for the Southern line, the issue must be successful. (Cheers.) The chairman had told them he fully believed that this line constructed as far as Westwood, would pay, not only its working expenses, but interest upon the capital expended. If that were the case, how much more then it justified the Government in pushing it still further out. (Loud cheers.)

Then it would undoubtedly prove an inestimable boon to the country residents. He had heard with extreme satisfaction the promise made here by the Minister for Lands and Works, that he would carry this railway beyond Westwood, and he (Mr Douglas) would certainly hereafter claim from him in the House the fulfilment of that promise (Loud cheers.)

The Vice-Chairman had, in the course of his speech, alluded to the desirability of having this railway extended as far as Springsure. It seemed obvious, even now, to think and speak of the possibility of such a thing, when it was remembered that only some five years or so ago the place itself was not in existence, or rather, he would say, was uninhabited save by blacks. What would have been thought of such a project being undertaken in five years only, that short period since. Well, if five short years had accomplished such a truly wonderful change, was it too much to expect that another five years would witness the entire completion of this railway.

A friend of his sitting near him whispered to him, “Why not carry it to the Gulf?” (Cheers.) Well, he ventured to hope he might yet live to see even that scheme an accomplished fact. (Loud cheers.)

There could be no question respecting the immense advantages to be derived by the colony from such a railway. It would, for one thing, place us almost in contact with the great Eastern Nations of the Globe, and would only complete what the telegraph had already begun. An important trade will probably in a few years hence spring up between this colony and those nations; a trade which might ultimately rival in extent that created by the late gold discoveries on this continent.

He went so far as to say he anticipated the carrying out of a line of railway to the Gulf before many years were passed, although it seemed a wild project at the present moment. It must be remembered that the railway followed the telegraph wire, which would soon stretch to the Gulf and soon would place us in almost instant communication with India and Europe. The advantages which would accrue to this colony from this fact alone would be incalculable.

He would not detain them any longer, but would simply, on the part of Mr Fitzsimmons, his colleague, and on behalf of the Parliament of Queensland in general, thank them for the kind manner in which their healths had been drank.

The chairman now proposed the health of the ladies of Queensland, connecting with the toast the name of Lady Bowen. (Loud cheers.) Had it not been that her health would not permit her to undertake the voyage, Lady Bowen would have had the greatest pleasure in accompanying his Excellency to Rockhampton. (Cheers.)

His Excellency, in rising to return thanks on behalf of Lady Bowen, said he sincerely regretted that her health prevented her from enjoying the pleasure it would otherwise have afforded her of meeting the people of Rockhampton. It was she who turned the sod of the first railway of Queensland.

The Chairman then proposed the health of the Mayor and Corporation of Rockhampton.

The Mayor returned thanks on behalf of the corporation.

Mr. Feez proposed the health of the Colonial Treasurer, the Hon. J. P. Bell, and complimented the hon. gentleman upon the occasion of his first visit to Rockhampton, stating that his well-known integrity, honesty, and uprightness, both in public and private life, had gained him considerable popularity in the Northern portion of the colony, which he hoped would be benefitted by his presence here as a Minister of the Crown, his department being one, that if judiciously managed, would “fill all our pockets.”

The Hon. the Colonial Treasurer, in a brief and very agreeable speech, returned thanks for the honor paid to him. The people of Rockhampton, he said, had their traducers as well as others better known to fame, but a personal visit was only necessary to cause their good qualities to be known and justly appreciated. His visit on this occasion was one of duty, but it was an exceedingly pleasurable duty as he had already found. There was a time when the present Government certainly did not look to Rockhampton, for its compliments, but matters had agreeably changed since then, and Rockhampton was now better known, and more thought of.

Mr. Munro (of the firm of Barry, Bourke, and Munro), proposed the health of the Chairman and Vice-Chairman, which having been drank and duly responded to, the company broke up.

Douglas and the sale of cattle at Tooloombah - October 1865

Rockhampton Bulletin and Central Queensland Advertiser, 5 October 1865, p. 3, report of proceedings on Wednesday, 4 October.

DOUGLAS v. WARD.—BREACH OF AGREEMENT.

This was an action brought by John Douglas, M.L.A., against John Ward, butcher, of this town, for breach of agreement. The damages were laid at £600.

Mr. Jones, together with Mr. Bramston, and Mr. Paul, instructed by Mr. C. S. Dick, appeared for the plaintiff; and Mr. Pring, together with Mr. Cooper, instructed by Mr. Thomas Clark, for the defendant.

The jury empanelled to try the case consisted of Messrs. Budden, Mulligan, Morgan, and Palmer.

The agreement, the subject of the action, was to the effect that John Ward agreed “to purchase fat bullocks from D. W. Armstrong, as agent for John Douglas, for the period of six months, at an average rate of fifty head (50) per month,” and in consideration agreed to pay “£3 per head for every head of fat bullocks so delivered. The above-mentioned stock to be approved of at Tooloombah, by John Ward or his agent,” and “to be delivered at Tooloombah stockyard by D. W. Armstrong, as agent for John Douglas. Terms cash, on delivery. First draft to be taken (not less than fifty head) by John Ward or by his agent, on or about December 10th, 1864. The agreement was dated November 11th, 1864, Rockhampton, and signed by John Ward, and D. W. Armstrong, agent for John Douglas.”

Mr. Paul read the declaration of action, dated 8th August, 1865, which stated that although plaintiff was always ready and willing to submit fat cattle to the defendant or his agent, for approval, and to deliver such cattle to the defendant or his agent, according to the terms of the above agreement, yet the defendant did not either himself or his agent, go to Tooloombah to approve and take delivery of the cattle, whereby plaintiff incurred expense in keeping the said cattle, and in re-selling the same, and also a loss upon the re-sale. The declaration contained the usual counts for goods bargained and sold, and for moneys payable and found to be due by defendant. The pleas filed were as follows:—As to the two first counts of the declaration that defendant did not promise and agree as alleged; and for a second plea to the first count, defendant said that plaintiff was not ready and willing to submit fat cattle to him or his agent for approval, and to deliver such cattle to him or his agent as alleged; and for a third plea to the first count he stated that he did not, by himself or his agent, neglect or refuse to go to Tooloombah to approve and take delivery of the said cattle, as alleged in that count; and for a fourth plea to the second count defendant said all conditions of the agreement were not on the part of plaintiff fulfilled, and that plaintiff was not able, ready, or willing to deliver the said cattle, although defendant for his part was ready and willing to accept the said cattle; and for a fifth plea to the residue of the declaration, defendant said that he never was indebted as alleged. The plaintiff in his replication joined issue upon the defendant’s pleas.

Mr. Jones, in opening the plaintiff’s case to the jury, stated that his client had by reason of the defendant’s breach of the agreement suffered an actual loss of £176 10s. 3d. which he made up in this way, viz.:—128 head of cattle sold by auction at £2 5s. per head, £288; less cost of advertising sale, £2 2s.; auctioneer’s commission, £14 8s.; Mr. Feez’s commission as agent (two per cent), £6 15s. 3d.; expenses of three men and three horses for twelve days, £12; Mr. Armstrong’s expenses on two journeys of 200 miles each, £10; Mr. Dick’s professional costs, £5 5s.; and, assuming that the 100 head of cattle not taken delivery of would realise 45s. per head, which would be £225, less advertising and commission as before, £35 would leave £190, which added to £237 9s. 9d. (the above sums added together) would make £427 9s. 9d.; the actual loss being the difference between this sum and £604, which according to the agreement plaintiff should have received from defendant for 228 head of cattle at £3 per head.

His Honor ruled that Mr. Dick’s professional charges could not be taken into account by the plaintiff in making his claim, and

Mr. Jones accordingly abandoned this portion of the claim. He then called

David W. Armstrong, who being sworn, deposed: He was superintendent and manager of plaintiff’s station at Tooloombah; in the month of November last he made an agreement with defendant; the terms of that agreement were reduced to writing; the document produced was the agreement in question; it was signed by himself and by the defendant; it bore date the 11th of November. (Agreement read.) The agreement was made in Rockhampton; he then returned to the station, and was there on the 10th December; on that day he mustered, and got in, fifty fat bullocks, and kept them in a stock-yard day and night, expecting that Mr. Ward or his agent would come for them; no one came for them, and he therefore turned them into a paddock, where he kept them for four or five days; no one came to take them, either during those days, or at any time during the month; on the 10th of the following month he took 100 head of fat cattle from their usual feeding ground, and kept them near the camp, so as to be ready for delivery to the defendant; neither Mr. Ward, or his agent, or any one came for the cattle once during that month; in the latter part of the month witness went down to Rockhampton, where he saw Mr. Ward; Tooloombah is 100 miles distant from Rockhampton; he spoke to defendant respecting the cattle being ready for him, and Mr. Ward said he would come up for them; in the course of conversation, witness said he could let him (defendant) have the 300 head of cattle all at once if he liked, upon which defendant said he was not ready for them, but that he would send up Mr. Dickers for what he wanted; on the 14th February Mr. Dickers came up to the station, and took seventy-two head of cattle; witness, at that time, could have delivered 400 head of fat cattle; Mr. Dickers said that Mr. Ward had instructed him not to take more than about seventy head, and that he was not authorised to take more; he (Mr. Dickers) did not object to the quality of these seventy-two cattle; witness handed to Mr. Dickers a written notice on the same day (14th February), that the remainder of the cattle were in readiness for him (defendant) to take away, and if not removed, would be held at his risk. (Copy of notice put in and read.) Witness was at that time ready to deliver the whole of the cattle to defendant; in the following month (March), the cattle were also in readiness to be delivered; no one came during that month on behalf of the defendant, to take delivery of the cattle; in the following month (April) 128 head of fat cattle were sent down by him to Rockhampton for sale, at defendant’s risk; during the month of March no one on behalf of Mr. Ward, came to take delivery of the cattle; these 128 fat bullocks were the same cattle that should have been taken by defendant in the previous month; previous to sending the cattle away, witness called in Mr. M‘Gusty to inspect the bullocks, and see that they were fat cattle; he (witness) did not go down with the cattle, which were taken by a Mr. Maginty; two men accompanied him, to assist him in driving them, and he took three horses; three men and three horses were, in his opinion, necessary to drive the cattle; they were absent about twelve days; he estimated the services of these men at £1 per man, each day, which would be £36; witness remained on the station. On the 10th April a Mr. Luck, who he said he was Mr. Ward’s agent, came to the station and asked for fifty head of fat bullocks; witness told him that, if he was prepared to pay for the whole number of cattle then due to Mr. Ward, he was prepared to deliver them; Mr. Luck said he was not prepared to pay for the whole number; he produced an order from Mr. Ward, to authorise the delivery to him of fifty head of cattle. (Order produced and read.)

By the Court: Mr. Luck did not tender to him any money in the shape of coin, bank notes, cheques, or any security for money, in payment for the fifty head of cattle which he required.

By Mr. Bramston: No one came to the station during the month of May, on behalf of defendant; by the 10th of that month cattle had fallen in price, and would not fetch £2 10s. per head, at the station; in the month of May, at any time, he could have delivered at the yards 100 head of fat cattle, had they been required; he could, and was prepared to have delivered a similar number of cattle at the stock-yard, during the previous month; in his opinion, cattle would be depreciated by being driven from Tooloombah to Rockhampton; the depreciation, he should estimate at seven shillings per head; the market price of these cattle, at plaintiff’s stock-yard, on the 10th April, would be £2 10s.; on the 10th March he presumed the price would be the same; on the 10th February the market price would be £2 15s., and the same on the 10th January; on the 10th December, 1864, the market price would be £3.

Cross-examined by Mr. Pring: He went down to Rockhampton in the end of January, at which time two lots of cattle should have been delivered; Mr. Dickers arrived on the 6th February; he took delivery of the cattle on the 14th February; witness was not on the station when Mr. Dickers arrived, nor was he there on the 10th February; the cattle were in the yards on the 14th February, on which day witness arrived; Mr. Dickers did not object to witness to take delivery of the bullocks on the ground, that they were not fat cattle; he made no such objections to witness; he remembered when Mr. Luck came up; he made no objections to the quality or condition of the cattle.

Arnold Maginty, examined by Mr. Jones, deposed: He resided at Mr. Douglas’ station, at Tooloombah; he was overseer on the station; he remembered in April last bringing some cattle from that station; he was sent by Mr. Armstrong; there was one hundred and twenty-eight head; he drove these cattle to the Nine-mile Waterhole, near Rockhampton; they were good sound fat cattle; they were sold to John Bennett by auction; he was present at the auction; the cattle brought £2 5s. per head.

By Mr. Pring: On his oath he did say that these bullocks were fat cattle, fit for a butcher; he had been three years and a half on the station; cattle would not depreciate more on that station than on any other; he did not think these cattle were worth as much in February, March, and April, as they were in the previous months of December and January; the cattle did, in his opinion, depreciate in value after the month of January, on account of the dry weather; in the month of March the market value of these cattle was pretty near the same as in the previous months; there was not much depreciation in their value during the months of February, March, April, and May.

Re-examined by Mr. Jones: During those months the condition of the cattle was much the same, but he did not know the difference in their market value in that period.

The next witness called was

Robert M‘Gusty, who was examined by Mr. Paul: He was at Tooloombah in April last; he had had experience in the buying and selling of fat cattle; in the month of April last he was shown a mob of cattle on the Tooloombah Station; he was told there was 120 head; it was, he believed, the 7th April; the cattle shown him were fat cattle, of pretty good quality, and fit for the butcher; they were not what is called “rolling fat,” or fit for boiling down, but of average quality.

Mills Wormald, auctioneer of this town, proved having sold on the 15th April last, at the Nine-mile Water-hole, 131 head of fat cattle, on account of Mr. John Ward, by instructions received by witness from Mr. A. Feez; his charges were five per cent on the sale; the advertising charges would be about fifteen shillings in addition; he sold the cattle for forty-five shillings per head.

By Mr. Pring: He understood the cattle were sent by Mr. Armstrong; he saw Mr. Maginty at the sale; he could have sold these cattle by instructions from Mr. Maginty as well as from Mr. Feez; these were not prime fat cattle; a portion of them only were in his opinion fit for the butcher; the market price of fat cattle at Rockhampton, at that time, was from £3 to £3 10s. per head.

Thomas Gordon, examined by Mr. Jones, said: He was a cattle dealer; he remembered seeing a mob of cattle belonging to Mr. Douglas at the Nine-Mile Water-hole, on the 13th or 14th April last, which were sold by auction by Mr. Wormald; he considered them all fat cattle, with the exception of some four or five.

By the Court: they were all, with the exception of four or five fit for killing—fit for the table.

Henry James Dickers, examined by Mr. Pring, said: He knew the defendant; he remembered being sent up by him to the Tooloombah station in February last; he arrived at the station on or about the 10th February; he saw no cattle in the yard when he came; he went with a stockman to muster the cattle, and drove in about one thousand head the first day he was on the station; he let these cattle remain in the yard, and on the following day brought in about twenty head more; in all he brought in about 1100 head; of these he selected and approved seventy-two; this was before he saw Mr. Armstrong; he rejected all the other cattle; he did not tell Mr. Armstrong that Mr. Ward had instructed him only to take seventy head, and that he had no authority to take any more; he would have taken more than seventy head of fat cattle, had there been more that he approved of; his instructions from Mr. Ward were to take 100 to 150 head of fat cattle, and if he could not get so many, to bring all he could; he was then prepared to pay for 150 head; on the night previous to his starting with the cattle, he told Mr. Armstrong that he was prepared to take 100 to 150 head fat cattle (paper produced and handed to witness). He remembered Mr. Armstrong saying that “he should hold the others at Mr. Ward’s risk;” Mr. Armstrong gave him a sealed letter or notice to give to Mr. Ward.

By the Court: Mr. Armstrong gave him (witness) no paper or document whatever addressed to himself; was quite positive that he never said to Mr. Armstrong that he had received instructions from Mr. Ward only to take seventy or seventy-two head of cattle.

Cross-examined by Mr. Jones: Had been in the colony over two years; had never been on this run before; he believed there were about 4000 head of cattle on this run at the time he went there; out of that number he saw between 2000 and 3000; he did not pick any cattle out of the stockyard on the first day; it was on the second day that he picked out the seventy-two; he was positive there were more than 100 bullocks at one time in the stockyard; he would not swear that Mr. Armstrong did not give him a written notice; what Mr. Armstrong gave him he gave to Mr. Ward; during his conversation with Mr. Armstrong Mr. Maginty was present; there were about 120 at one time in the yard taken from the mob of 1000 first brought in; of these 120 he picked the seventy-two bullocks that he took away; he would swear that he did not afterwards go out and draught in twelve more bullocks.

Arnold Maginty, recalled: Remembered last witness at Tooloombah station in February last; recollected seeing Mr. Armstrong hand Maginty a written notice which was open; he was present when Mr. Dickers spoke to Mr. Armstrong; he understood Mr. Dickers to say that he was not to take more than seventy head, or about seventy head; witness could have got in more cattle for Mr. Dickers to inspect had the latter chosen to do so; Mr. Dickers saw altogether about a fourth of the number of cattle on the run; there were about 120 bullocks in the stockyard whilst Mr. Dickers was there; of these Mr. Dickers selected sixty head; he did not according to his (witness’s) opinion choose the fattest bullocks; he went out the next day to get the other (twelve) that he took; they went out for the purpose of getting twelve or fourteen head; he did not remember who spoke of the twelve or fourteen head, but he supposed it was Mr. Dickers; they obtained these twelve cattle from two or three camps on the south of the run.

By Mr. Pring: The stockman and himself draughted the 120 head of cattle; it was next day that the twelve cattle more draughted; on the first day there were 120 head in the stockyard; of these Mr. Dickers selected sixty, and on the following day the remaining twelve cattle were drafted.

This evidence concluded the case.

Mr. Pring then addressed the jury, contending in his speech that the defendant had fulfilled his part of the contract, and that he was not legally bound to take delivery of any more cattle than such as he or his agent approved of, and that they had only taken such cattle as they approved of. The learned counsel was arguing that if any breaches of the agreement had been committed by his client in not going or sending to the station, either on the 10th December or the 10th of January, such breaches were waived by the subsequent act of the plaintiff’s agent, when he was interrupted by the learned judge, who stated that he should direct the jury that such breach of the agreement on the part of defendant was not waived by the subsequent acts of the plaintiff. Mr. Pring wound up his speech by a few jocular observations respecting Mr. Ward’s “breeches pocket,” and the difficulty he (Mr. P.) felt in pulling him out of them.

Mr. Jones replied in a humorous speech, in which he gave it as his opinion that his opponent’s address to the jury was a good deal more inspired by visions of his client’s “breeches pockets” than by the breeches themselves that he had so feelingly alluded to.

His Honor then carefully and deliberately summed up the evidence, directing the jury to find a verdict for the plaintiff, unless they disbelieved his witnesses. The only question they had to consider was that of damages. The defendant was liable at law for all the losses sustained by the plaintiff in the re-sale of the cattle and as the cattle were not sent for or taken away by defendant after purchasing them, plaintiff was entitled to re-sell them, and not wait for a purchaser. The measure of damages should be estimated, in his opinion, by the market price of the cattle when sold at the Nine-Mile Waterhole, and their contract price at Tooloombah. The defendant had pleaded his readiness to take all the fat cattle that he agreed for, but it had been shown that he could have taken delivery of more than seventy-eight cattle, which he only actually received. His case was that no more than that number were ready for delivery to him. It was for the jury to say whether this was the fact or not. The plaintiff, on the other hand, had refused, in April, to give delivery of fifty head of cattle, which defendant then only demanded, but was prepared to give delivery of the whole number of the cattle then due to defendant; consequently, plaintiff was not entitled to claim damages for defendant’s non-acceptance of the cattle in that month, as he had clearly prevented the latter from accepting them. He considered the plaintiff entitled to £25 damages for the loss by depreciation in the value of the cattle; also to £36 for driving expenses; also to £15 3s. for auctioneer’s expenses. It was for the jury to say whether he was entitled to more than this, but he could not claim for Mr. Feez’s commission, nor for Mr. Dick’s professional charges.

The jury, after retiring a short time, returned into court, having found a verdict for the plaintiff:—Damages, £170.